09.07.07

Gemini version available ♊︎

Broken Patent System: When the Fox Met the Hen

Posted in GPL, ISO, OSI, Patents, SUN, UNIX at 7:47 pm by Dr. Roy Schestowitz

Large, predatory companies ‘guard’ the small ones

Several early reports strive to have us believe that the Sun-NetApp lawsuit is a test case for open source. This is a gross spin and a case of extrapolating from the words of Sun’s CEO. Matt Aslett has cleared up a few bits which required clarification.

According to Raven Zachary at the451 Group, “Hitz told me that this case is about NetApp and Sun, not the open source community that has emerged around ZFS, and NetApp does not intend to go after the ZFS community.”

Until it does so (if it ever does so), to paint its legal claims as an attack on open source seems to be to be unfair.

With that in mind, the licence which grants patent ‘protection’ by association has just been approved by the Open Source Initiative. Michael has the details.

The GPL v3 and LGPL v3 were unanimously approved by the OSI board at our monthly board meeting this week.

This was expected, but this consensus across the board is praiseworthy.

To say more on patents, yesterday was an important day for an impending reform. We mentioned this a couple of days ago. Looking more closely at the details, however, a disturbing picture is revealed. The trend continues where large companies decide for the small ones. There is imbalance in representation. This opens the door to abuse by wealthy companies with interests. We ought to have learned our lessons from the OOXML fiasco.

Passage of patent reform would certainly placate many technology companies, while angering critics who fear a trampling of the property rights of relatively powerless inventors.

Here are some details on the same story.

Today, some of the biggest names in high-tech have their eyes on the nation’s capital, where lawmakers are babbling about an overhaul of the U.S. patent system.

Have lessons not been learned from previous reports and complaints? Where are the small companies? Watch this article from last year (article has expired and vanished from the Web, but it spoke about a so-called “innovation panel”):

He will be part of a lineup that includes the Microsoft Corp. CEO Steve Ballmer, 3M CEO George Buckley, UPS Chairman and CEO Michael Eskew, IBM CEO Samuel Palmisano and Wal-Mart Stores Vice Chairman John Menzer.

Also, to have the problem illustrated, have another read through this text.

A report published by an EU task force on intellectual property claims that small businesses benefit from a patent system, despite lacking almost any participation by the small business community.

Instead, the report, titled IPR (intellectual property rights) for competitiveness and innovation, was written up almost entirely by large corporations and the patent industry.

[...]

The report does note objections from the likes of patentfrei.de and Sun Microsystems, which were recorded at some length in the report. But this does not appear to have impacted the conclusion of the report in any way

[...]

Jean-Pierre Laisne, of ObjectWeb, an open source software community, said that he found the report useless: participants were told that all their contributions would be recorded but at the end only those of Business Software Alliance and Microsoft were used.

Never let large companies, which are often enough the worst abusers of the weak patent system, set the rules. It is an idea as good as letting a panel of Microsoft Gold partners decide for an entire nation whether OOXML is suitable for ISO standardisation.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Linux News or Marketing Platform?

    Ads everywhere: Phoronix puts them at the top, bottom, navigation bar, left, and right just to read some Microsoft junk (puff pieces about something that nobody other than Microsoft even uses); in addition there are pop-ups asking for consent to send visitors’ data to hundreds of data brokers



  2. Daily Links at Techrights Turn 15, Time to Give Them an Upgrade

    This year we have several 15-year anniversaries; one of them is Daily Links (it turned 15 earlier this week) and we've been working to improve these batches of links, making them a lot more extensive and somewhat better structured/clustered



  3. Back to Focusing on Unified Patent Court (UPC) Crimes and Illegal Patent Agenda, Including the EPO's

    The EPO's (European Patent Office, Europe's second-largest institution) violations of constitutions, laws and so on merit more coverage, seeing that what's left of the "media" not only fails to cover scandalous things but is actively cheering for criminals (in exchange for money)



  4. European Patent Office Staff Votes in Favour of Freedom of Association (97% of Voters in Support)

    The Central Staff Committee (CSC) at the EPO makes a strong case for António Campinos to stop breaking and law and actually start obeying court orders (he’s no better than Benoît Battistelli and he uses worse language already)



  5. Links 02/02/2023: Glibc 2.37 and Go 1.20

    Links for the day



  6. IRC Proceedings: Wednesday, February 01, 2023

    IRC logs for Wednesday, February 01, 2023



  7. Links 01/02/2023: Security Problems, Unrest, and More

    Links for the day



  8. Links 01/02/2023: Stables Kernels and Upcoming COSMIC From System76

    Links for the day



  9. IRC Proceedings: Tuesday, January 31, 2023

    IRC logs for Tuesday, January 31, 2023



  10. Links 31/01/2023: Catchup Again, Wayland in Xfce 4.20

    Links for the day



  11. Links 31/01/2023: elementary OS 7

    Links for the day



  12. Intimidation Against Nitrux Development Team Upsets the Community and Makes the Media Less Trustworthy

    Nitrux is being criticised for being “very unappealing”; but a look behind the scenes reveals an angry reviewer (habitual mouthpiece of the Linux Foundation and Linux foes) trying to intimidate Nitrux developers, who are unpaid volunteers rather than “corporate” developers



  13. Links 31/01/2023: GNOME 44 Wallpapers and Alpha

    Links for the day



  14. Free and Open Source Software Developers' European Meeting (FOSDEM) and KU Leuven Boosting Americans and Cancellers of the Father of Free Software

    The Free Software Foundation (FSF) and its founder, Richard M. Stallman (RMS), along with the SFLC one might add, have been under a siege by the trademark-abusing FSFE and SFC; Belgium helps legitimise the ‘fakes’



  15. Techrights in the Next 5 or 10 Years

    Now that I’m free from the shackles of a company (it deteriorated a lot after grabbing Gates Foundation money under an NDA) the site Techrights can flourish and become more active



  16. 60 Days of Articles About Sirius 'Open Source' and the Long Road Ahead

    The Sirius ‘Open Source’ series ended after 60 days (parts published every day except the day my SSD died completely and very suddenly); the video above explains what’s to come and what lessons can be learned from the 21-year collective experience (my wife and I; work periods combined) in a company that still claims, in vain, to be “Open Source”



  17. IRC Proceedings: Monday, January 30, 2023

    IRC logs for Monday, January 30, 2023



  18. Taking Techrights to the Next Level in 2023

    I've reached a state of "closure" when it comes to my employer (almost 12 years for me, 9+ years for my wife); expect Techrights to become more active than ever before and belatedly publish important articles, based on longstanding investigations that take a lot of effort



  19. The ISO Delusion: When the Employer Doesn’t Realise That Outsourcing Clients' Passwords to LassPass After Security Breaches Is a Terrible Idea

    The mentality or the general mindset at Sirius ‘Open Source’ was not compatible with that of security conscientiousness and it seemed abundantly clear that paper mills (e.g. ISO certification) cannot compensate for that



  20. Links 30/01/2023: Plasma Mobile 23.01 and GNU Taler 0.9.1

    Links for the day



  21. EPO Management Isn't Listening to Staff, It's Just Trying to Divide and Demoralise the Staff Instead

    “On 18 January 2023,” the staff representatives tell European Patent Office (EPO) colleagues, “the staff representation met with the administration in a Working Group on the project “Bringing Teams Together”. It was the first meeting since the departure of PD General Administration and the radical changes made to the project. We voiced the major concerns of staff, the organization chaos and unrest caused by the project among teams and made concrete proposals.”



  22. Links 30/01/2023: Coreboot 4.19 and Budgie 10.7

    Links for the day



  23. IRC Proceedings: Sunday, January 29, 2023

    IRC logs for Sunday, January 29, 2023



  24. [Meme] With Superheroes Like These...

    Ever since the new managers arrived the talent has fled the company that falsely credits itself with "Open Source"



  25. Not Tolerating Proprietary 'Bossware' in the Workplace (or at Home in Case of Work-From-Home)

    The company known as Sirius ‘Open Source’ generally rejected… Open Source. Today’s focus was the migration to Slack.



  26. The ISO Delusion: A Stack of Proprietary Junk (Slack) Failing Miserably

    When the company where I worked for nearly 12 years spoke of pragmatism it was merely making excuses to adopt proprietary software at the expense of already-working and functional Free software



  27. Debian 11 on My Main Rig: So Far Mostly OK, But Missing Some Software From Debian 10

    Distributions of GNU/Linux keep urging us to move to the latest, but is the latest always the greatest? On Friday my Debian 10 drive died, so I started moving to Debian 11 on a new drive and here's what that did to my life.



  28. Stigmatising GNU/Linux for Not Withstanding Hardware Failures

    Nowadays "the news" is polluted with a lot of GNU/Linux-hostile nonsense; like with patents, the signal-to-noise ratio is appalling and here we deal with a poor 'report' about "Linux servers" failing to work



  29. Microsofters Inside Sirius 'Open Source'

    Sirius ‘Open Source’ has been employing incompetent managers for years — a sentiment shared among colleagues by the way; today we examine some glaring examples with redacted communications to prove it



  30. Links 29/01/2023: GNOME 43.3 Fixes and Lots About Games

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts