Bonum Certa Men Certa

Patents Roundup: CityWare Under Siege, Kappos for Change We Can Believe in, and Skype

David Kappos



Summary: Accumulation of patent news of interest to Free software supporters

TODAY's roundup starts with the news about CityWare. This was also mentioned the other day.

A small Web development and open source software company called CityWare was recently named alongside Google, Yahoo, Amazon and other software giants in a patent infringement lawsuit. What makes this unusual is that CityWare has no products or customers and no longer exists. The company was formed by software developer Nate Neel in 2004, but folded soon after due to lack of customers.


This comes to show that Free software is already a victim of this broken system where patent trolls use software patents as well. Among those who promote this system we have Gartner's Brian Prentice [1, 2, 3], who carries on raving about software patents while describing the roles of those who exploit them.

The Oligopolists -The beneficiaries of the status quo. If Silicon Valley had a gentleman’s club, filled with over-stuffed leather sofas, seersucker suits and the stench of Cuban cigars, then these guys would be charter members. There’s is a genteel world were club members can civilly discuss their commercial disputes over a single malt whiskey and resolve them with a handshake and a cross-licensing agreement. And while cub members like to say their doors are open to those less well off, the requirements of membership - massive patent portfolios, the money to pay for a small army of lawyers and regular appearances at big ticket political fundraising events - means they can relax in the comfort of knowing they won’t be initiating new members any time soon.


Nice advocacy of patents there from Gartner.

There is slim hope for change now that David Kappos takes office. He calls patents "monopolies" and he shall preside over the USPTO. Here is his new statement. We wrote about this man's background or actions in [1, 2, 3, 4, 5, 6, 7, 8] and here he is receiving accolades from those who sought a reform.

Senators who have spent years pushing an overhaul of patent law today praised President Barack Obama’s choice to lead the U.S. Patent and Trademark Office, suggesting that nominee David Kappos could help jumpstart the stalled legislation.

“You have eminent experience in this field,” Sen. Orrin Hatch (R-Utah) told Kappos at his confirmation hearing. “I’m very proud of you for accepting this position.”


Europe too is getting its reformists in positions of power.

The GNU General Public Licence for software was, he says, the main subject of conversation between developers who put their work ethics before their own or their business' interests.

Before he knew it, Josefsson was part of a movement which claims to be saving the world from corporate control. In 2002 he became one of the leading opponents of the EU's software patent directive. He co-founded the Swedish chapter of the Foundation for a Free Information Infrastructure (FFII) with Engström and, without any knowledge of how to lobby politicians, he spearheaded the campaign against the directive.

“When the directive was proposed in 2002, I and many others started following this from scratch,” he says. “We were computer programmers, students or entrepreneurs, and we knew nothing about how the EU worked.

“It eventually developed into a grassroots movement equal in strength to the business associations and lobby groups you normally find in Brussels, to those whose views are normally heard and listened to,” he says.

Patent protest

The movement grew out of the blogosphere – or more correctly, Josefsson says, out of the ‘mailsphere' – and the organising element was no individual or organisation, but a classical self-generating political process.

“It was like seeing a catastrophe about to happen. Imagine a bus about to drive into a crowd of people; you want to stop the bus before it happens. We didn't have time to launch a proper organisation and we never asked questions about how we should do things. We just had to do it.”

By early 2005, more than 400,000 people had signed a petition against the software patent directive and later that year it was rejected by the Parliament.


In other interesting news, intellectual monopoly now arrives at another curious domain.

How Wolfram Alpha could change software



The upstart "computational knowledge engine" claims its results are original works, raising important questions about software and intellectual property


TechDirt has a a few words to add on the subject. It goes under the title "Can You Copyright Algorithmic Output?"

One of the biggest stories of the week was about Skype and once it is explored properly it turns out that patents are part of the problem which may shut Skype down. TechDirt has the gist:

Net2Phone Jumps Into The VoIP Patent Lawsuit Business: Sues Skype



[...]

In the last year, we've witnessed plenty of companies dig up VoIP patents with which to sue market innovator Vonage. Verizon, AT&T, Sprint and Nortel all were able to get Vonage to cough up some money, rather than continue to fight some questionable patents.


More here, here, and here:

Joltid, a company owned by Skype's founders, merely licensed some of the system's core technology to eBay when it sold Skype to the auction giant in 2005. Joltid now says that the license has been revoked and eBay is infringing on its rights by continuing to use the technology. The case is scheduled to go to court in June of 2010 but eBay is trying to replace the technology in the meantime. It may not succeed.


The president of the FFII says that "Skype [is] doing some copyright infringement by citing source code it does not own in US patent trials." He links to this page from the SEC and some lessons worth learning are that: (i) Free software prevents risk of a project suddenly coming under survival threat; (ii) software patents are not beneficial to end users.

Free software is definitely going strong in some areas, especially in the server market. However, there are other areas where free software and free protocols have failed. Internet based voice and video communication is one of those areas. The market is basically fully owned by Skype, a piece of proprietary software based on a proprietary (and abusive) protocol in the hands the same company that runs eBay. Free software advocates have been saying “what if Skype was discontinued?” for years. Then I read about eBay considering shutting Skype down. Pardon?


Skype's area of operation is a sordid mess of patent thickets and it is getting worse now that dictation becomes a patent (see corresponding USPTO page) and audio-casting too becomes a patent.

VoloMedia, a podcast analytics, advertising, and distribution company, just received a patent for "providing episodic media," including podcasts. According to the company, which filed for the patent in November 2003, U.S. Patent 7,568,213 covers all episodic media downloads, not just the RSS-dependent downloads that power today's podcasts. VoloMedia CEO Murgesh Navar says that the company doesn't plan to go after individual podcasters, but that the company plans to "work collaboratively with key participants in the industry." We do wonder, however, if VoloMedia can really claim to have invented podcasting in 2003, given that the concept was already under development by Dave Winer and others in late 2000 and early 2001.


This is another symptom of a broken patent system. It needs changing.

Recent Techrights' Posts

Microsoft Staff Explains How Microsoft Swindled Employees and Avoided Paying Out Severance Pay (Microsoft Hasn't Much Money Left in the Bank)
This is a classic way to avoid paying workers
Techrights Should be Even Faster Now
We're now better off
Richard Stallman (RMS) Gave 3 Talks in India in Less Than a Week
In India this month we've not seen a single negative comment about RMS
Microsoft Mass Layoffs Without Severance Pay Reported Hours After Microsoft Reported Weak Numbers and Microsoft Stock Fell
Microsoft has a bloodbath this month
Another Slew of Fake Articles About 'Linux' and 'Security' From Brittany Day at linuxsecurity.com (Spamfarm/Slopfarm)
linuxsecurity.com is basically a pariah and parasite. It lessens the incentive to write real articles about "Linux" by generating fake ones to outrank the originals.
 
Links 31/01/2025: Mass Layoffs at Amazon and Microsoft, Sweden Again Fails to Protect Critics of Violence
Links for the day
Slopwatch: Fake Articles About "Linux" and More (Latest Roundup Featuring BetaNews, Janus Atienza, and Brittany Day From Guardian Digital, Inc)
LLM slop season
"Not one of us" by Dr. Andy Farnell
Elon Musk has brought embarrassment to nerds and technologists
Gemini Links 31/01/2025: "Bulletin Buble" and "Why Blog?"
Links for the day
Static Site Generators (SSGs) Pay Off: Vastly Faster Sites, Much Smaller Hosting Bills
success story for SSGs
Of Note: Linux Foundation Has Already Let Linux.com Rot for About 4 Months (No Activity)
there's no campaign aside from marketing spam there
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 30, 2025
IRC logs for Thursday, January 30, 2025
Indian Data Biases statCounter For or Against "Linux"
In statCounter, the GNU/Linux increases and decreases are deeply tied to what it does with data collected in India
The Corporate Media Pretends That Facebook ("Meta") Has Performed Well, But Its Debt Doubles Every 2 Years Despite Mass Layoffs
That same media also helps parrot misleading financial claims
Microsoft's Debt Surged by More Than 6,000,000,000 Dollars in Just 3 Months
numbers released hours ago
The Sheer Irony of Microsoft Proxy Accusing Others of 'Stealing'
Wherever DeepSick's data came from, Microsoft (or its proxy) is in no position to issue criticism.
The Difference a Decade (and GAFAM Money) Makes
Credibility cannot be purchased
[Meme] The Free Software Foundation (FSF) Has Critics Because Its Message is Effective
Applying to others the same standards one is willing to violate?
The Free Software Foundation (FSF) Raised $422,000 (Another $22k in the Two Weeks After Campaign Ended), Proving That Truth and Justice Tend to Find a Way
10,000+ dollars a week even without campaigning for more funds
Faking Revenue Increase by Buying Your Own Products and Services (Through Scams and Scammers Like Scam Altman)
Is this what society deserves? Media that instead of exposing corruption has chosen to participate in it and profit from it?
Links 30/01/2025: Fentanylware (TikTok) Causes Deaths, FBI Seizes Domains
Links for the day
Gemini Links 30/01/2025: Action vs Inaction, Gopherholes, and More
Links for the day
Links 30/01/2025: Microsoft Wants Convicted Felon to Give Fentanylware (TikTok) to It (After Making a Phonecall Asking for That in 2019), "Moving Away From Google's Ecosystem"
Links for the day
Jack M. Germain (LinuxInsider) Seems to Have Turned to LLM Slop, Graphics Slop, and B2B SPAM
LinuxInsider is barely active anymore
Links 30/01/2025: Amazon Layoffs and DeepSeek Panic
Links for the day
Gemini Links 30/01/2025: Chaos Reigns, E-mail, Searching
Links for the day
IBM: Many Thousands of Layoffs in 2025
If 2025 is expected to be the same, then perhaps about 20,000 IBM workers will no longer be there
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 29, 2025
IRC logs for Wednesday, January 29, 2025
Google: Your Only Option is Google YouTube (Coming Soon: Mandatory DRM and Attestation?)
Digital Restrictions (DRM) to follow? Only for "approved" (attestation) browsers?
Mastodon Was Always Biased (Just Like Twitter After Abandoning Chronological and Neutral Timelines in Order to Become More Like Facebook)
So bury-brigading and click-farming control what people see
Certificate Authority Let's Encrypt Falls to Only 0.4% of the Total in Geminispace
Geminispace does not need to outsource trust
The Munich-Based EPO is Still Using a Platform That Promotes the Far Right and Rehabilitates Nazism
Active Twitter account
Links 29/01/2025: Dismantling Public Health in the US, Air Busan Plane Up in Flames (South Korea's Air Disasters Streak)
Links for the day
Announcements and Administrivia
This week we're going out for two days in a row to celebrate an achievement that's very respectable
Gemini Links 29/01/2025: Japan, GTD, and More
Links for the day
Sir, Yes, Sir. The Life of EPO Patent Examiners.
If working for the EPO makes it harder to sleep at night, take action
How the EPO Pressures Staff Into Minting More Monopolies (Patents), Even Illegal Ones That Harm Europe and Ultimately Dismantle the Rule of Law
insights into the pressure examiners are under
LLM Slop Machines Are Not a Win for "Open Source" and If They Get Cheaper, It's Even Worse
If some program that claims to be "Open Source" pollutes the Web with fake articles (Microsoft SPAM and fake "Linux" articles), whose win is it?
Links 29/01/2025: Data Privacy Day and Growing Tensions in Europe
Links for the day
Nazi Twitter (aka "X") Became a Troll Site That Lets People Buy a Blue Tick While Its Boss Actively Promotes Neonazi Politicians
the intellectual level of people who infest the Web through "Twitter" or "X"
This is Why They're So Afraid of Richard Stallman (He Tells People the Correct History)
Then they post about it to Microsoft's LinkedIn
Richard Stallman Speech in Bengaluru, "Silicon Valley of India"
62 years have passed since his "young nerd" days and he's still at it
Claim: Facebook Deletes Posts of IBM Red Hat Critics
As always, follow the money (advertisers)
Links 29/01/2025: Climate Crisis and "It’s time for the Xbox to fade away" (Microsoft Lose)
Links for the day
Links 29/01/2025: Buying Groceries During a Trade War, Political 'Retro'
Links for the day
More Illegal Patents at the EPO, Legality of Granted European Patents No Longer Matters to the Office
breaking the law for profit
Network Improvements Tomorrow
"Network maintenance" down in London
Sharing is Caring (But Advocating Copyleft Makes You a "Target")
GPLv3 does not close all the loopholes which the "Affero" helps close
Articles About Free Speech at Facebook
'Facebook vs Linux' story is now receiving a lot more media coverage
We Were Right About stallmansupport.org Making an Error by Joining Social Control Media. mastodon.social Suspends stallmansupport.org.
From what we can guess, accounts can be banned by some oversensitive admin or a mob of users ("bury brigades")
"Latest Technology News" in BetaNews Still LLM Slop and SPAM Composed by LLMs (It's Basically a Spamfarm Disguised as a News Site)
Only a fool would visit BetaNews in search of actual news
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 28, 2025
IRC logs for Tuesday, January 28, 2025
The EPO's Corruption, If It Remains Untackled, Helps the Far Right and Enemies of European Unity/Solidarity
Do not negotiate with evil
The Web, Including Wikipedia, Gets Filled With Lies About Bill Gates, Added by Bill Gates and His PR Team
Of course Wikipedia is funded by Gates
Facebook Banning Linux Sites (or People Who Link to Linux Sites) is Another Symptom of the Web's Demise
The state of media on the Web is really bad; Social Control Media amplifies the badness, as Facebook serves to show
Gemini Links 29/01/2025: Neovim Telescope and Writing Less
Links for the day