[License-discuss] [Non-DoD Source] Re: patent rights and the OSD

[Christopher Sean Morrison]

> I say this over and over but while it is laudable for you to give away something you create to the world it is unethical for you to give away something someone else created to the world.

And therein is one of the major problems with software patents.  Given enough separation or time, we can both entirely independently create the same thing.  One wants to give it to humanity for public good.  Someone else wants to make money or restrict distribution.  You can argue “well who was first” but that goes out the window with first-to-file — one player has absolutely no interest in filing.

Perhaps not legal, but I don’t think it's unethical to give away something someone else created if your work was created entirely independently without knowledge of them or their patent status.

Cheers!
Sean