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. Team UPC Calls Critics of the UPC Idiots, Deletes Their Comments, and Blocks Them

    A new low for Team UPC, which is unable to cope with reality and has begun literally mocking and deleting comments of people who speak out truths



  2. How the Opposition to CRISPR Patents at the EPO Sent Shockwaves Through the Industry

    Additional reports/coverage on the EPO (European Patent Office) revoking Broad Institute's CRISPR patent show that the issue at hand isn't just one sole patent but the whole class/family of patents



  3. Unified Patents Says That RPX, Which Might Soon be Owned by Patent Trolls, Paid Patent Trolls Hundreds of Millions of Dollars

    Unified Patents, which helps crush software patents, takes note of RPX’s financial statements, which reveal the great extent to which RPX actually helped trolls rather than stop them



  4. IAM Together With Its Partner, IIPCC, is Lobbying the USPTO to Crush PTAB and Restore Patent Chaos

    Having handled over 8,000 petitions (according to Professor Lemley's Lex Machina), PTAB champions patent quality at the USPTO, so front groups of the litigation 'industry' creep in and attempt to lobby the likely next Director of the USPTO (inciting him against PTAB, as usual)



  5. Software Patents Are Still Dropping Like Flies in 2018, Thanks to Alice v CLS Bank (SCOTUS, 2014) and Section 101 (USPTO)

    Section 101 (§ 101) is thriving in the sense that it belatedly throws thousands of patents -- and frivolous lawsuits that depend on them -- down the chute; the patent trolls and their allies in the patent microcosm are very furious and they blame PTAB for actually doing its job (enforcing Section 101 when petitioned to do so)



  6. Patent Troll Finjan Looks Like It's About to Collapse, But Patent Maximalists Exploit It for Software Patents Promotion

    Patent trolls are struggling in their use of software patents; few (if any) of their patents are upheld as valid and those that miraculously remain in tact become the subject of fascination if not obsession among trolls' advocates



  7. The Attacks on PTAB Are Slowing Down and Attempts to Shield Oneself From Inter Partes Reviews (IPRs) Are Failing

    The Patent Trial and Appeal Board (PTAB) reapplies patent eligibility tests/guidelines in order to squash likely invalid patents; The litigation 'industry' is not happy about it, but its opposition to PTAB is also losing steam



  8. Links 21/1/2018: Wine 3.0 Coverage, KaOS 2018.01, Red Hat Among 'Admired Companies'

    Links for the day



  9. Blockchain Patents Are a Catastrophe in the Making as Trolls and Aggressors Accumulate Them

    As patents pertaining to blockchains continue to be granted -- even in defiance of Alice/Section 101 -- it seems likely that patent wars will sooner or later erupt, involving some large banks, IBM, and patent trolls associated with the notorious Erich Spangenberg



  10. Qualcomm/Broadcom/NXP Combination Would Become a Disastrous Patent Thicket Which Benefits Nobody

    Worried by the prospect of mega-mergers and takeovers which would put far too much market power (and monopoly through patents) in one place, governments and corporations speak out



  11. Patent Litigation in East Asia: Huawei, Samsung, HTC, Nintendo and COLOPL

    A quick look at some high-profile cases in which large Asian firms are embroiled; it seems clear that litigation activities have shifted eastwards (where actual production is done)



  12. Patent Litigation in the US is Down Sharply and Patent Trolls' Demise Has Much to Do With It

    Docket Navigator and Lex Machina both show a significant decline in litigation -- a trend which is likely to carry on now that TC Heartland is in tact (not for just half a year but a whole year) and PTAB completes another record year



  13. Cheating the US Patent System is a Lot Harder After TC Heartland

    Some new examples of tricks (and sometimes cheats) attempted by patent claimants and their representatives; it does not go as well as they hoped



  14. RPX Might Soon be Owned by Patent Troll Erich Spangenberg

    RPX, whose top executives are leaving and business is gradually dying, might end up as another 'asset' of patent trolls



  15. Patent Quality (Not Numbers) as an Asset: Oppositions, Appeals and Rejections at the EPO

    Benoît Battistelli wants a rubber-stamping operation (like INPI) rather than a functional patent office, but oppositions at the Office prove to be fruitful and many erroneously-granted patents are -- by extrapolation -- already being revoked (affecting, in retrospect, Battistelli's so-called 'results')



  16. Links 19/1/2018: Linux Journalism Fund, Grsecurity is SLAPPing Again

    Links for the day



  17. The EPO Ignores This Week's Decision Which Demonstrates Patent Scope Gone Awry; Software Patents Brought Up Again

    The worrisome growth of European Patents (EPs) — a 40% jump in one year in spite of decline in the number of patent applications — is a symptom of the poor judgment, induced largely by bad policies that impede examiners’ activities for the sake of so-called ‘production’; this week's decision regarding CRISPR is another wake-up call and software patents too need to be abolished (as a whole), in lieu with the European Patent Convention (EPC)



  18. WesternGeco v ION Geophysical (at the US Supreme Court) Won't Affect Patent Scope

    As WesternGeco v ION Geophysical is the main if not sole ‘major’ patent case that the US Supreme Court will deal with, it seems safe to say that nothing substantial will change for patent scope in the United States this year



  19. Links 18/1/2018: MenuLibre 2.1.4, Git 2.16 Released

    Links for the day



  20. Microsoft, Masking/Hiding Itself Behind Patent Trolls, is Still Engaging in Patent Extortion

    A review of Microsoft's ugly tactics, which involve coercion and extortion (for businesses to move to Azure and/or for OEMs to preload Microsoft software) while Microsoft-connected patent trolls help hide the "enforcement" element in this whole racket



  21. Patent Prosecution Highway: Low-Quality Patents for High-Frequency Patent Aggressors

    The EPO's race to the bottom of patent quality, combined with a "need for speed", is a recipe for disaster (except for litigation firms, patent bullies, and patent trolls)



  22. Press Coverage About the EPO Board Revoking Broad's CRISPR Patent

    Even though there's some decent coverage about yesterday's decision (e.g. from The Scientist), the patent microcosm googlebombs the news with stuff that serves to distract from or distort the outcome



  23. Links 17/1/2018: HHVM 3.24, WordPress 4.9.2

    Links for the day



  24. No Patents on Life (CRISPR), Said EPO Boards of Appeal Just a Few Hours Ago

    Broad spectacularly loses its key case, which may soon mean that any other patents on CRISPR too will be considered invalid



  25. Only Two Weeks on the Job, Judge Patrick Corcoran is Already Being Threatened by EPO Management

    The attack on a technical judge who is accused of relaying information many people had already relayed anyway (it was gossip at the whole Organisation for years) carries on as he is again being pushed around, just as many people predicted



  26. EPO Board of Appeal Has an Opportunity to Stop Controversial Patents on Life

    Patent maximalism at the EPO can be pushed aback slightly if the European appeal board decides to curtail CRISPR patents in a matter of days



  27. Links 16/1/2018: More on Barcelona, OSI at 20

    Links for the day



  28. 2018 Will be an Even Worse Year for Software Patents Because the US Supreme Court Shields Alice

    The latest picks (reviewed cases) of the Supreme Court of the United States signal another year with little or no hope for the software patents lobby; PTAB too is expected to endure after a record-breaking year, in which it invalidated a lot of software patents that had been erroneously granted



  29. Patent Trolls (Euphemised as “Public IP Companies”) Are Dying in the United States, But the Trouble Isn't Over

    The demise of various types of patent trolls, including publicly-traded trolls, is good news; but we take stock of the latest developments in order to better assess the remaining threat



  30. EPO Management and Team UPC Carry on Lying About Unified Patent Court, Sinking to New Lows in the Process

    At a loss for words over the loss of the Unitary Patent, Team UPC and Team Battistelli now blatantly lie and even get together with professional liars such as Watchtroll


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