Bonum Certa Men Certa

Software Patents Anticompetitive by Nature

Ownership of mathematics, protocols

The previous post raised the issue one faces when a competitive entity is allowed to collect royalties from all its rivals. Novell foolishly permits this. There is an inherently anti-competitive issue in patents and this was recently brought up by Richard Stallman. Glyn Moody likens it to a return to the age of guilds.

A couple of news stories remind us of the nature of this problem. The first one we alluded to yesterday, but here is a press release.

Chairman Majoras disagreed with the majority's determination of liability, stating that “[t]his case departs materially from the prior line [of FTC standard-setting ‘hold-up’ challenges], in that there is no allegation that [the patent holder] engaged in improper or exclusionary conduct to induce IEEE [Institute of Electrical and Electronics Engineers] to specify its NWay technology” into the relevant standard. “The majority has not identified a meaningful limiting principle that indicates when an action – taken in the standard-setting context or otherwise – will be considered an ‘unfair method of competition,’” she said, adding also, “The novel use of our consumer protection authority to protect large corporate members of a standard-setting organization is insupportable.”


Given the questionable integrity of the FTC, it was surprising to see it getting actively involved for a change. The second article weaves this with a story that involves Rambus, which Andy Updegrove has kept track of for at least a year. Here it is.

On Wednesday, the Federal Trade Commission (FTC) announced the most important resolution of a standards-related enforcement action since Rambus, and possibly since its landmark settlement with Dell Computer in 1995. At issue was whether a licensing promise made by a patent-owning participant in a standards development process is binding upon someone that later owns the same patent. In a split 3 – 2 decision, the FTC has ruled that it does, when the later owner exploits the “lock in” of the marketplace by dramatically increasing the cost to license the patent in question.


Discussing this further would probably prove to be a distraction. However, it's clear that software patents, trolling and intellectual monopolies will become a very important issue on which the success of Free software is hinged. The tying of one's intellect with fees is somewhat adverse to collaboratory science. Research and developments is a case of building one framework upon another, not necessarily paying for it. When it comes to algorithms, it's a matter of nature and physics, which are not necessary tangible (and shouldn't be). Never mix software patent with trademarks and copyright. It's means of propaganda (through confusion), as some would put it.

Recent Techrights' Posts

New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
 
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025
Another Day and Another LLM Slopfest From Madame Day at the Slopfarm LinuxSecurity.com
Can't take a break, can she?
Sucking Up to Fascists (Like IBM's Watson Sucked Up to Adolf Hitler in the 1930s) Did Not Help IBM
IBM could stick to better principles, but instead it treats the Free software community and even its own staff like trash
Links 01/03/2025: GB News Loses Over 100 Million Pounds, Zelensky Wins World's Sympathy
Links for the day
Getting Serial Sloppers to Knock the Habit of Plagiarism by LLM Slop
All in all, the fewer the slop objects, the better
As Prices Soar and Services Shut Down (Even YouTube Starts Demanding Money for the Original or a Tolerable Experience) It's Time to Explore the Real Alternatives
https://inv.nadeko.net is the most viable instance of Invidious these days
Gemini Links 01/03/2025: Amends and GNU/Linux
Links for the day
Links 01/03/2025: Scam Altman's Latest Excuse, Google Price Hikes
Links for the day
Justice Will Find Its Way at the End
We deserve an award, not SLAPP, for what we've done
March Already, Rumours of IBM Layoffs in Brazil
Red Hat might be impacted too
Links 01/03/2025: Squashing Software Patents, USPTO Facing Additional Cuts
Links for the day
Links 01/03/2025: UNM Gopher and Getting One's Pages on gemini://
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 28, 2025
IRC logs for Friday, February 28, 2025
Links 28/02/2025: Mass Layoffs at Autodesk, Employee Burnout, and Measles in Texas
Links for the day
Gemini Links 28/02/2025: offpunk, Lagrange, and More
Links for the day
When the Business Goal is to Protect the Image of Criminals From the Mainstream Media or Free/Independent Press (at Any Cost)
What ever happened to the concept of "ethics" in this "legal" occupation?
Skype is Dead, Microsoft Shuts It Down in a Few Months (for Good)
Many billions down the drain
It Has Been Over a Year Since Takedown Demands From Brett Wilson LLP, Nothing Has Been Taken Down
It backfired on the Serial Defamer
Links 28/02/2025: Domestic Violence Fatalities, Escalations Again Near Taiwan
Links for the day
IBM is Trading Employees for Revenue Acquired by Buying Companies and Growing the Debt
IBM's financial plan is corporate bulimia
[Video] Full Video of Richard Stallman's Talk Earlier This Month in Italy (Nexa, Turin)
We have a collection of them
Gemini Links 28/02/2025: Spring, cgi and inetd, Gemini Protocol FAQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 27, 2025
IRC logs for Thursday, February 27, 2025