The Open Source Fork Dispute
Proving authorship of a patented algorithm — your own
The Creator
Sofia L., independent developer based in Kraków, Poland, maintaining an open-source data compression library.
The Situation
Sofia developed a novel compression algorithm and published it on GitHub under an MIT license. Six months later, a well-funded startup forked her repository, rewrote the variable names and comments, removed her attribution, and filed a patent application on “their” compression method. They then sent Sofia a cease-and-desist letter claiming she was infringing their patent — on her own algorithm.
The Problem
The startup had filed the patent application with substantial legal resources and expert testimony claiming independent invention. GitHub timestamps were challenged as modifiable. Sofia, as an independent developer, lacked the legal budget for a prolonged patent dispute.
The AuthorHash Solution
Sofia had timestamped her algorithm’s design document (a PDF) and the initial implementation (a ZIP of the source code) with AuthorHash before publishing on GitHub. The two certificates established: the algorithm design existed 3 months before the startup’s claimed invention date, and the working implementation existed 6 months before the patent application. The EU-qualified timestamp’s legal presumption of accuracy shifted the burden of proof.
The Outcome
Sofia’s pro-bono legal team used the AuthorHash certificates to challenge the patent application. The patent office rejected the application based on prior art. The startup withdrew the cease-and-desist and settled for a public acknowledgment of Sofia’s original authorship, plus $5,000 in damages.
"An MIT license means anyone can use my code. It doesn’t mean anyone can patent it and then sue me for using my own work. The AuthorHash certificates made it trivially easy to prove prior art.
Key Takeaway
Open-source authors: timestamp your design docs and initial implementation before publishing. An MIT license doesn’t protect you from someone patenting your work.