EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

06.08.10

Software Patents Still Fought Against by Red Hat, Brad Feld

Posted in Patents, RAND, Red Hat at 12:21 pm by Dr. Roy Schestowitz

Jim Whitehurst
Credit: Red Hat @ Flickr

Summary: New evidence that Red Hat actively battles against RAND clauses; a venture capitalist opposes software patents

RED HAT’S Richard Fontana writes that “According to scotusblog.com, SCOTUS issues opinions in three cases, but no Bilski” (yet).

Separately, according to Red Hat employees in India (c/f Software Patents in India), there is an ongoing push against the RAND trick, which essentially puts software patents inside standards. Here is one relevant part which determines key stakes:

Section 4.1.2 of the policy states, “ The patent claims necessary to implement the Identified Standard shall be available on a Royalty-Free basis for the life time of the Standard. If such Standards are not found feasible then in the wider public interest, Fair, Reasonable and Non Discriminatory terms and conditions (FRAND) or Reasonable and Non Discriminatory terms and conditions (RAND) with no payment could be considered.”

We request that the following statement, “If such Standards are not found feasible then in the wider public interest, Fair, Reasonable and Non Discriminatory terms and conditions (FRAND) or Reasonable and Non Discriminatory terms and conditions (RAND) with no payment could be considered” be moved to the section 4.3 which deals with “Non-availability of Open Standard which meets all Mandatory Characteristics dealing with exceptions.” We strongly feel that this sentence is completely out of place, especially considering that it is currently housed in section 4.1 titled, “Mandatory Characteristics.”

We feel that section 4.1.2 is the heart of the Draft Policy and placing an exception statement in the very heart of the policy will send out wrong and conflicting signals. Also, in terms of sequence, the RAND/FRAND clause pre-empts the selection criteria listed in Section 4.4. It should also be noted that standards that are RAND/FRAND should be termed as “Interim Standards” and should NOT be termed as “Open Standards.”

For example, the H.264-encoded Internet Video format is currently free to end users until at least December 31, 2015. Once this period ends, MPEG LA, the licensing agency for H.264 may start charging royalties. Therefore, H.264 is a partially-royalty free standard, but cannot be considered an open standard because users do not have the freedom to encode and decode data and have to adhere to complex licensing conditions. Under the current wording of Section 4.1.2, H.264 may qualify as a suitable open standard for e-governance but this is clearly unacceptable in the long-term. For example, if Doordarshan uses H.264 to transmit a National Address by the Prime Minister of India over the web on 1st January, 2016, it may attract royalty that “…shall be no more than the economic equivalent of royalties payable during the same time for free television.”
Therefore, we suggest, once again, that this sentence be moved to Section 4.4 and be modified to read, “If such Standards are not found feasible then in the wider public interest, Fair, Reasonable and Non Discriminatory terms and conditions (FRAND) or Reasonable and Non Discriminatory terms and conditions (RAND) with no payment, AND NO RESTRICTIONS ON REUSE, could be considered.”

Going back to the United States, Brad Feld, who is a venture capitalist (VC), mails many copies of an explanatory film about software patents [1, 2, 3, 4, 5], as expected. He targets influential people in particular, including those who are close to the Bilski case. In his own words: [also republished in Technology Review]

On the eve of re: Bilski, the anxiously awaited Supreme Court decision on business method patents (with potential implications for software patents), I decided to collaborate with the End Software Patents coalition and send out 200 copies of the short movie they recently produced called Patent Absurdity about why software should not be able to be patented to a focused list of key people. The letter follows.

Furthermore, the “End Software Patents” Web site commends Mr. Feld, who helps software freedom even if it wasn’t his primary intention.

Venture capitalist Brad Feld has mailed a copy of Patent Absurdity to 200 policy setters in the USA (see Who should see Patent Absurdity?). The 200 are influential people in companies, standards groups, academia, and the relevent political committees.

The man behind “End Software Patents” has put this story in Slashdot’s front page, stating quite prominently that “Venture Capitalists Lobby Against Software Patents” (it’s a generalisation, but other VCs publicly took the same stance on the subject).

ciaran_o_riordan writes “No matter which side the US Supreme Court’s Bilski decision pleases, it will be just the beginning of the software patent debate in the USA — the other side will start a legislative battle. The lobbying has already begun, with venture capitalist Brad Feld arguing against software patents, mailing a copy of Patent Absurdity to 200 patent policy setters. As Feld puts it, ‘Specifically, I’m hoping the film will bring you to an understanding of why patents on software are a massive tax on and retardant of innovation in the US.’ The patent lawyers and big patent holders often tell us that patents are needed to secure investment, so it’s interesting to see now that venture capitalists are refuting that. And Brad Feld isn’t the only vocal one; there’s a growing list.”

Thanks to Mr. Feld for serving a good cause.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  2. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  3. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  4. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  5. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  6. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  7. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  8. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  9. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents



  10. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests



  11. The EPO's Public Relations Disaster Amid Distrust From Within (and EPO Communications Chief Leaves): Part VII

    Amid unrest and suspicion of misconduct in the EPO's management (ongoing for months if not years), Transparency International steps in, but the EPO's management completely ignores Transparency International, refusing to collaborate; the PR chief of the EPO is apparently being pushed out in the mean time



  12. Links 18/10/2014: Debian Plans for Init Systems, Tails 1.2

    Links for the day



  13. Links 18/10/2014: New ELive, Android Expansion

    Links for the day



  14. Another Fresh Blow to Software Patents (and With Them Patent Trolls)

    Another new development shows that more burden of proof is to be put on the litigant, thus discouraging the most infamous serial patent aggressors and reducing the incentive to settle with a payment out of court



  15. Links 16/10/2014: New Android, SSL 3.0 Flaw

    Links for the day



  16. How the Corporate Press Deceives and Sells Microsoft Agenda

    Various new examples of media propaganda that distorts or makes up the facts (bias/lies by omission/selection) and where this is all coming from



  17. Vista 10 is Still Vapourware, But We Already Know It Will Increase Surveillance on Its Users and Contain Malicious Back Doors

    The villainous company which makes insecure-by-design operating systems will continue to do so, but in the mean time the corporate press covers only bugs in FOSS, not back doors in proprietary software



  18. Links 15/10/2014: KDE Plasma 5.1 is Out, GOG Reaches 100-Title Mark

    Links for the day



  19. With .NET Foundation Affiliation Xamarin is Another Step Closer to Being Absorbed by Microsoft

    Xamarin is not even trying to pretend that separation exists between Microsoft and its work; yet another collaboration is announced



  20. The EPO's Protection Triangle of Battistelli, Kongstad, and Topić: Part VI

    Jesper Kongstad, Benoît Battistelli, and Zeljko Topić are uncomfortably close personally and professionally, so suspicions arise that nepotism and protectionism play a negative role that negatively affects the European public



  21. Corporate Media Confirms the Demise of Software Patents in the United States; Will India and Europe Follow?

    It has become increasingly official that software patents are being weakened in the United States' USPTO as well as the courts; will software leaders such as India and Europe stop trying to imitate the old USPTO?



  22. Links 14/10/2014: CAINE 6, New RHEL, Dronecode

    Links for the day



  23. Microsoft's Disdain for Women Steals the Show at a Women's Event

    Steve Ballmer's successor, Satya Nadella, is still too tactless to lie to the audience, having been given --through subversive means -- a platform at a conference that should have shunned Microsoft, a famously misogynistic company



  24. SCOTUS May Soon Put an End to the 'Copyrights on APIs' Question While Proprietary Giants Continue to Harass Android/Linux in Every Way Conceivable

    Google takes its fight over API freedom to the Supreme Court in the Unites States and it also takes that longstanding patent harassment from the Microsoft- and Apple-backed troll (Rockstar) out of East Texas



  25. Patent Lawsuits Almost Halved After SCOTUS Ruling on 'Abstract' Software Patents

    The barrier for acceptance of software patent applications is raised in the United States and patent lawsuits, many of which involve software these days, are down very sharply, based on new figures from Lex Machina



  26. Links 13/10/2014: ChromeOS and EXT, Debian Resists Systemd Domination

    Links for the day



  27. Links 12/10/2014: Blackphone Tablet, Sony's Firefox OS Port

    Links for the day



  28. Links 9/10/2014: Free Software in Germany, Lenovo Tablets With Android

    Links for the day



  29. Links 8/10/2014: A Lot of Linux+AMD News, New ROSA Desktop Is Out

    Links for the day



  30. Lawyers' Propaganda About Software Patents and a New AstroTurf Entity Called Innovation Alliance

    Patent propaganda and deception from patent lawyers (among other parasites such as patent trolls) continues to flood the Web, intersecting with reports that prove them totally wrong


CoPilotCo

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

CoPilotCo

Recent Posts