Eben Moglen: “We Will Not Between Now and 2020 [Face] a Copyright Crisis But the Patent Crisis is Not Going Away.”
- Dr. Roy Schestowitz
- 2010-08-12 19:06:14 UTC
- Modified: 2010-08-12 19:06:54 UTC
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
- Daniel Pocock as Independent Candidate, Now in The London Standard
- "Daniel Pocock is an independent candidate."
- Andy Burnham as National Leader Would be Excellent for Techrights
- Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
- In Defence of Courts' Privacy Policies
- If you want friends, go offline. Meet real people and share real experiences.
- Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
- I am told by people who stayed that it has only gotten worse
- EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
- antisemitism inside the EPO
- Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
- By-election - code name "Pocock-on-Sea"
-
- In Free Software, Nobody Gets Fired
- Way to own one's code and project
- PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
- Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
- Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
- Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
- Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
- Links for the day
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Friday, July 17, 2026
- IRC logs for Friday, July 17, 2026
- Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
- Links for the day
- IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
- What a week for IBM!
- Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
- Links for the day
- Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
- Links for the day
- Farage Out, Daniel Pocock in?
- Can Pocock beat his previous voting record?
- Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
- Microsoft is in a really bad shape
- One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
- If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
- “Why Open Source Misses the Point of Free Software”
- As Dr. Richard Stallman once put it
- GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
- Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
- 27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
- several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
- ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
- PD44 has historically been the oppressor at the EPO
- IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
- Its stock it set to open 2.82% in the red
- IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
- there's a risk of criminal action against executives
- Tux Machines Moving Onwards and Upwards
- "...tasks expand to fill the time available"
- The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
- One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
- "Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
- GNU/Linux is still measured at 8% by statCounter
- GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
- Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
- Teaser: Daniel Pocock is About to Go Mainstream Again
- Stay tuned, Pocock has something in store
- Microsoft Has Just Been Sued Over Layoffs
- If the rumours are true, there is yet another wave of layoffs at Microsoft
- Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
- Notice that he already spoke a lot about politics
- Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
- Links for the day
- Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
- Windows TCO
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Thursday, July 16, 2026
- IRC logs for Thursday, July 16, 2026
- Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
- Links for the day
- Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
- Links for the day
- GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
- It is difficult to ignore the gains made by GNU/Linux this month
- Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
- we see anonymous leakers or whistleblowers in the media today
- Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
- Links for the day
- Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
- If many more Microsoft layoffs are formally admitted next week we will not be surprised
- Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
- Fridays are now recommended “anchor days" for EPO strikes
- Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
- Public Interest News Foundation shows that we should be deeply concerned
- Illusions of Choice
- Choices can be differently bad or equally bad
- Windows Down to 10% in India
- Windows is a "burning platform"
- One Year Has Passed
- Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
- Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
- Working against us (instead of with us) has historically been a bad strategy
- No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
- Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
- IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
- Don't rush to call us "sensationalist" over it
- Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
- Links for the day
- Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
- Links for the day
- Rebellion Brewing at Microsoft
- As always, we welcome Microsoft whistleblowers
- Technology Against Human Nature
- Losing a sense of what it means to be alive
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Wednesday, July 15, 2026
- IRC logs for Wednesday, July 15, 2026