Patents and Open Source Joomla / Drupal / WordPress / etc

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Is it possible to get sued for using Joomla/Drupal/Wordpress/etc for patent infringement? What are the consequences for the:

- source author
- web design agency (who utilise source)
- client of web design agency

How does location (country/state) apply to this. For example, if I were to publish an open source project (and I live in the UK), and somebody from the US were to install it onto their web server, who could get sued?

I am having a hard time figuring out what the law even is in the UK. Is it possible that a package (or small aspect) be patented in the UK?

Note: I realise that the likelihood of a lawyer answering my question is probably zero, but insight would be useful.

Many thanks,

Posted 6-Aug-11 12:06pm

Lea Hayes

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2 solutions

Solution 1

You will only get sued if you make money, at most you could be ordered to discontinue your service. For open source projects as long as you go by the license your fine. Patents are country based.

Posted 2-Sep-11 0:31am

Mehdi Gholam

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#realJSOP · Accepted Answer · 2011-09-02T00:37:00

Yes. If it's possible to get sued for not showing enough emotion in a birthday card, then it's certainly possible to get sued for something you do with someone else's code. You should really ask a lawyer these questions. Anyone here that's either been sued or has sued someone over software patent/copyright issues will have a definitely one-side view, and their comments/advice should be considered suspect. What I've personally observed regarding lawsuits is that common sense and "what's right" are, more often than not, NOT prerequisites for rendered judgements.

One last thing - the law isn't written for us common folk to understand it. It's written in such a way as to require years of continuing education by people that want to be politicians one day.