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Computer programmers' FTA concerns a furphy

14 May 2004

Australian companies using 'open source' software have nothing to fear from the Australia-US Free Trade Agreement, according to technology lawyer Peter James.

Open source proponents have raised concerns to a parliamentary inquiry that the FTA agreement will see more patents filed for open source software, that can be improved and developed by anyone and is often distributed free.

Mr James, a technology partner at Allens Arthur Robinson, said companies using open source software shouldn't, however, find themselves facing rising IT costs or legal claims because of the FTA.

"Australia already has software patents and business method patents, as well as copyright laws, which prohibit making or distributing anti-circumvention devices," said Mr James. "It's a fact of life that the open source community already has to face.

"The choice for companies is really about a vendor with resources to stand behind their software and vendors who do not," added Mr James.

There are plenty of large open source vendors, such as   Red Hat, Hewlett Packard and Novell, with agreements that include a form of protection against infringement claims.

"The FTA does not make open source more dangerous for users, but it does make the choice of vendor more important," said Mr James.

He warned that some small closed-source vendors do not have the resources to stand behind an intellectual property warranty, even if they do promise one.

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Notes for editors.

Allens Arthur Robinson was Best Large Professional Services Firm of the Year and Best Large Law Firm in the 2006 BRW-St.George Client Choice awards, and the Chambers and Partners 2005 Australasian Law Firm of the Year. AAR has been awarded an EOWA Employer of Choice for Women citation by the Federal Government's Equal Opportunity for Women in the Workplace Agency (EOWA). Allens Arthur Robinson offers one of the most comprehensive legal networks in Australia and Asia with staff based in 14 cities and eight countries across the region. It was founded in 1822.