We have started to document the state of the art for all FFII.ORG projects, so as to be able to fend off at least some of the possible patent attacks. There are some other more promising projects and possibilities on the Net. As long as software patents are granted and enforced somewhere in the world, extensive historical documentation can help amplify the insecurity over the validity of software patents and thus provide one of the most effective protection shields especially for free software.
Building a patent portfolio is hardly a realistic option for the self-defense of the free/opensource software community. However this community has a certain chance of leveraging prior art to its advantage, especially if it does this in a cost-efficient manner and realises the potential of legal insecurity inherent in the software patent system. So called Defensive Publishing, as has been proposed by initiatives like the Foresight Institute, however appears to be an incredibly silly approach. The most urgent task at this moment (spring 2001) is to time-stamp every CVS archive and every mailing list on which software ideas are developped.