Bonum Certa Men Certa

Eben Moglen: “We Will Not Between Now and 2020 [Face] a Copyright Crisis But the Patent Crisis is Not Going Away.”

Eben Moglen portrait



Summary: Here are just some among many takes on a talk about software patents and the Bilski case, courtesy of Professor Eben Moglen

Paula Rooney: Moglen: Bilski decision set back patent reform for more than a decade

Moglen said companies and individuals are now comfortable with open source licenses and doing hundreds of billions of dollars of commerce but the industry won’t be able to eradicate trollers for at least 10 years.

“We will not between now and 2020 [face] a copyright crisis but the patent crisis is not going away. We learned this from the United States Supreme Court,” Moglen said during his keynote. “What we know is that in the U.S., clarity on the relationship of patents to software is not coming any time soon and if there’s no clarity in the U.S., there’s no clarity in the world anytime soon.”


Ryan Paul: OSS and software patents: if you can't beat 'em, join 'em

At the Linux Foundation's annual LinuxCon event this week, Columbia University law professor and Software Freedom Law Center founder Eben Moglen explained that the prospects for software patent reform are bleak and that the time has come for the free software community to start finding ways to solve its patent problems by using the patent system itself.

The rapid proliferation of broad patents that cover software methods has turned the technology industry into a litigation minefield. It's difficult for a startup to develop a new product without treading on patents held by incumbent industry giants. Software patents are especially problematic for open source software because patent licensing is largely incompatible with the principles of unrestricted redistribution that are inherent to open source software licenses.


Brian Proffitt: Moglen Targets Patents, Compliance and Innovation as Key Challenges for Free Software

The patent crisis is not going to go away," Moglen stressed. This summer's Bilski ruling from the US Supreme Court confirmed as much for Moglen, who related to the audience that before the decision was handed down, he feared that the Court would hand down a ruling to the effect of: "You can't patent this, and here are five incoherent reasons why... and that's exactly what happened."

Moglen is concerned that without clarity from the US regarding patents, there will be not international clarity, and patents will remain a constant threat.

"We going to have to deal with this slowly and carefully," Moglen reiterated, using such patent defense organizations such as the Open Invention Network as one potent method of defense against patents.

It won't be easy: "The patent system is built for secrecy, obscurity, complexity... and troublemaking." Nonetheless, the challenge will remain for some time.


Recent Techrights' Posts

Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
If You Value Privacy, Follow the Likes of Eben Moglen, Phil Zimmermann, and Richard Stallman, Not Back Doors' Boosters Who Mislabel Themselves as Security Experts
Signal is not really secure
Writer's Block is Not a Problem to Us, Only a Lack of Time
Or timewasting by aggressive militants who try to silence us [...] People who experience writer's block very often find it depressing (it feels unproductive) and sometimes come to the conclusion that perhaps writing isn't for them
March Plans for Techrights
next month we plan to start the series about how the SRA failed
 
If You Want More Verifiable (Auditable) Security, Use GNU Linux-Libre
GNU/Linux will never be 100% secure
Microsoft XBox Can't Stop Talking About Slop
Will we see more "prepared" (under embargo) Microsoft propaganda released simultaneously at 9PM tonight?
Rust Will Not Inherit the Earth, It Barely Deserves a Place on the Planet
Rust - like Haskell and many other short-lived fetishes - will come and go
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026
[Video] "New RMS [Richard Stallman] Positive Media" Reaches Millions of Viewers This Week
Assuming 5+ million people will watch this on the first week, that's good publicity for the Free software movement
Another Quiet Slop Day Passes By
the number of slopfarms we can locate/track is fast decreasing
Gemini Links 26/02/2026: Sending a Thesis and Lupa/Onion ("Lupa now lists Gemini .onion addresses")
Links for the day
Links 26/02/2026: Bcachefs Man Bonkers, "Seven Journalists Convicted for Taking Photos at Courtroom"
Links for the day
Links 26/02/2026: "Peak Mental Sharpness" and "The Whole Economy Pays the Amazon Tax"
Links for the day
"Community" Site Deleted by Jeffrey Epstein-Connected 'Linux' Foundation Had Interview Where Eben Moglen Spoke of GPLv3 and of DRM, Back Doors Etc.
Deleting what happened or what was said two decades ago
Richard Stallman (Free Software Foundation) and Eben Moglen (Columbia Law School) Explained 25 Years Ago That Proprietary Software (and Proprietary Firmware) Would Lead to Back Doors
a fortnight after the 9/11 terror attacks in the US
Giving to the Community Versus Taking From the Community (or Worse, Attacking the Community)
some people bring no contributions, only harm
LLM Slop Will Try to 'Rewrite' History of UNIX and GNU/Linux
We occasionally see slopfarms spreading misinformation about UNIX, GNU, and Linux
Where Does the Solicitors Regulation Authority (SRA) Stand on Machine-Generated Legal Documents and Copy-pasting One Client's Lawsuit to Start Another (for American Serial Strangler)?
Now that many law firms cheat (copypasta, paper DOoS, LLM slop, breaches of rules, even defaming the other side) the SRA cannot keep up
Of Course Android is Not Free Software
That Android is not about freedom should not be so shocking
Talking About Blackboxes
Having just reposted a couple of articles from Alex Oliva
Microsoft Slop is Already Killing XBox
Microsoft will fail at alleviating such concerns
Two Weeks Have Passed and It Looks Like Conde Nast's Ars Sloppica Sacked "Senior" "AI" "Reporter" Benj Edwards But Did Not Remove All His LLM-Produced 'Articles'
the editorial standards at Conde Nast's Ars Sloppica are a joke
Alex Oliva (GNU Linux-Libre): Stricter is Less Popular
Reprinted with permission from Alex Oliva
Fraud and Crimes at Microsoft
A lot of these American companies simply cheat and even bribe
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 25, 2026
IRC logs for Wednesday, February 25, 2026
FSF's Alex Oliva on Hardware Black Boxes
Reprinted with permission from Alex Oliva
What Microsoft Hides Underneath
In recent years a lot of this shell game was played via "Open" "AI" [sic]
A Lot of Slopfarms Died, Google News Feeds the Few Which Survived and Still Target "Linux"
Many just simply died
Links 25/02/2026: Fifth Year of War in Ukraine, Dihydroxyacetone Man Looking to Start More Wars
Links for the day
Gemini Links 25/02/2026: Retired a Year, Illness, Losing a Lung, and "Back to Gemini"
Links for the day
The Register MS Published a Ponzi Scheme-Boosting Fake Article This Morning. It Mentions "AI" 30 Times.
Will credibility be left after the bubble pops entirely?
They Try to Ruin Linux, Too ("Attestation" in GNU/Linux)
In the context of Web browsers, this isn't unprecedented and we wrote a lot about it
Mozzarella Company: All Our Cheese Comes With Mold Now, But You Can Ask the Seller to Remove the Mold
If you reject and oppose slop, do not download/use Firefox
Stallman Was Right About Back Doors
I had some conversations with Dr. Stallman about security and back doors
Australian Signals Directorate ex-employee sold back doors to Russia
Reprinted with permission from Daniel Pocock
IBM Debt-Loading and Liability (Toxic Asset) Offloading
One can hope that IBM will be subjected to the same attention Kyndryl received, but this boils down to politics
Links 25/02/2026: 'Hybrid Warfare' and "Boycott the State of the Union"
Links for the day
IBM (and Red Hat) Can Disappear in the Coming Years, Along With Kyndryl (Debt Twice as Big as Its 'Worth')
No wonder Red Hat workers tell us they hate IBM
Software Freedom is Science, But It Also Sustains Life
In some sense, Software Freedom can be explained in the context of nourishing people
“Xbox, like a lot of businesses that aren’t the core AI business, is being sunsetted."
There has been a lot of narrative control lately, including at 9PM on a Friday
3,300 Capsules Known to Lupa and Currently Accessible
Gemini Protocol turns 7 this summer
When it Comes to Firmware, the FSF and Its Founder RMS Won the Argument (But Not the Fight, Yet)
The "whataboutism" tactics are physiological manipulation means of discouraging those who move in the correct direction
Austria Tackles Digital Weapon Disguised as "Social" and/or "Media"
Are we seeing the end days of Social Control Media?
Nothing Over the Horizon for XBox
XBox is not even being sold in many places anymore
Solicitors Regulation Authority (SRA) Contradicting Itself: You Can Use Slop to Cheat Clients, But You Can Also Face Disciplinary Actions Over Slop
Where does the SRA stand on the matter?
In Praise of Eben Moglen
Hopefully Professor Moglen will be with us for many decades to come and become an active speaker on issues such as Software Freedom
Sunsetting IBM (for the Benefit of Few Corrupt Officials and Wall Street Speculators)
IBM will not (and cannot) survive for much longer [...] The issue is bad leadership, not any particular nationality/race
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 24, 2026
IRC logs for Tuesday, February 24, 2026
Gemini Links 25/02/2026: Rise of Solar in 2025 and Smallnet Protocols
Links for the day