Bonum Certa Men Certa

Eclipse Foundation Director: “Software Patents Are Basically a Bad Idea”; IBM Still Celebrating Patents

Eclipse 3.6 Helios



Summary: Mike Milinkovich is unhappy about software patents and at IBM it's business as usual (more software patents)

UNREST over the issue of software patents is growing. Developers are as mad as Hell as they're not gonna take this anymore. OK, maybe it's not that serious, but very few developers actually support software patents. Support for this curse comes mostly from lobbyists of large companies such as Microsoft, as well as their lawyers, who simply profit from software patents. In the next post we'll cover some developments around the world and in this post we'll present some opinions of developers who speak out.



OMG!Ubuntu, which typically avoids anything 'political', has just made an exception. There is an unusual story from this site, courtesy of Dave Lane from Christchurch, NZ. "Why Software Patents are worse than useless" is the headline of the post which also dares to criticise Microsoft (yes in OMG!Ubuntu, believe it or not!):

But here’s the clincher: MS had tried to submit the same patent in New Zealand after the applications were denied by the US, Europe, South African, and Japanese patent offices for being obvious and subject to prior art. They thought they could count on the incompetence of the NZ patent assessors – and they would’ve been right had it not been for our challenge! It was a disgusting and highly unethical move by Microsoft. But if we had only caught one, how many other trivial software patents (or those subject to prior art) had already been passed? How many were waiting for some unethical kiwi patent troll (or worse yet, one of the multinational corporations who hold approximately 90% of NZ patents) to decide to start sabre rattling?

The Microsoft Patent FUD Threat Bomb

And then in May 2007, it began: Microsoft accused Linux and open source software of infringing on 235 of its patents.

Not only did Microsoft not bring a lawsuit against anyone, Microsoft’s General Counsel Brad Smith and licensing chief Horacio Gutierrez simply stated didn’t even mention which patents Linux and other FOSS software infringed.

Microsoft, with the best lawyers money can buy, felt that they could derail the entire FOSS software movement simply by threatening the possibility of suing for patent infringement. Clearly their goal with the statement was to strike fear into businesses with deep pockets (who, surprise surprise, are most often the targets of patent infringement suits) who were toying with the idea of investing in and/or adopting FOSS. Of course, similar threats could be just as effective against proprietary software users.

To me, not only was that unethical – and exceeding immature (I would’ve been embarrassed to death if I was either of those two Microsofties making that claim on the record): “yes, we think you’re infringing on our patents… but we won’t tell you which ones! Nee nar nee nar.” It also illustrated for me the fundamental wrongness of software patents. Let me try to explain.

If I, or my colleagues, are cutting code to solve a problem, it was almost certain that the use case we were codifying had been seen by someone else, somewhere in the world. And perhaps some component of it was patented. The odds were almost 100% that software we were incorporating into our customer’s solutions from the cornucopia of FOSS could arguably been seen to infringe on someone’s software patent somewhere. How could we ever hope to know?

The answer is: we wouldn’t. Not until we (or, more likely, our customers) received an infringement notice.


Despite IBM's influence over Eclipse, Mike Milinkovich slams software patents (IBM is in favour of software patents). Watch what he says in response to the questions: "Are you worried about the Red Hat settlement with Acacia? And what about patent trolls in general?"

I’m not worried about the Red Hat ruling. Software patents are basically a bad idea. There might even be an occasional software patent that is a good idea, but the pace at which software has been patented over the last 15 years and the sheer number of patents tells you that the implementation of software patents is bogus. There is no excuse for the software patents that are out there, and most of the patents I have read do not strike me in any way as innovative. We have a problem, and there is no way the open source community can stick its head in the sand and pretend it does not exist. I think Red Hat coming up with a solution is actually important for them. Yes, it would be lovely if we could make the US government agree that software patents should just go away. The companies which are big supporters of the open source community… I’m not sure it’s fair to criticise them for making the best of a bad situation. It’s up to them to make the best of a bad hand. I don’t fault Red Hat for resolving the suit. None of us knows what’s in that agreement, but I would not be surprised if they managed to write the agreement with some protections for their downstream consumers.

It’s an incredibly complex issue. I don’t think it’s going to go away. I don’t think somehow pretending open source is somehow immune from patent trolls or patents in general is a very wise course of action.


That's a bold thing to say. One must remember the shadow of IBM, which is the largest patentor. There is more of that baggage from IBM but none from Novell in this new roundup of Utah patents, which starts with:

Risk assessment within an aircraft, patent No. 7,885,908, and risk assessment between airports, patent No. 7,885,909, invented by Robert Lee Angell of Salt Lake City, Robert R. Friedlander of Southbury, Conn., and James R. Kraemer of Santa Fe, N.M., assigned to IBM Corp. of Armonk, N.Y.


Despite the mischiefs of Samsung, IBM has also just signed a patent deal with it. Among the early articles about it [1, 2, 3, 4, 5, 6, 7, 8, 9] we found out that the patent lawyers community called it "[t]he biggest cross-licensing deal the world has ever seen" (yes, Samsung too is one of the top patentors). With a deal like this they are leaving everyone else outside, uncovered by a massive pile of patents. Here is how they puts it in their press release:

Over the past several decades, IBM and Samsung have built strong patent portfolios covering a wide range of technologies including semiconductors, telecommunications, visual and mobile communications, software and technology-based services. This cross-licensing agreement enables the two companies to innovate and operate freely while using each other's patented inventions to help keep pace with sophisticated technology and business demands.


Well, these two companies could also "innovate and operate freely" without having patents at all. Creating all these market barriers is simply a way of impeding small companies. IBM can be selfish about it as long as it serves shareholders' interests, i.e. as long as it causes no PR damage.

Recent Techrights' Posts

Google 'Search' is Fast Becoming No Better Than Social Control Media Infested With Bots
Google emerged almost 30 years ago as a company looking to organise the Web and direct people towards informative pages. That Google is dead.
Before the OSI Was Bribed and Hijacked by Microsoft via GitHub and Compromised Management...
The OSI isn't even remotely "woke"
The OSI Has Been Silent for Over 3 Weeks, It Has a Severe Trust Issue After Promoting Microsoft and Proprietary GitHub
OSI took a lot of money from Microsoft to become a Microsoft lobbyist
Bribery is OK If You Work for Microsoft (No Punishment Expected)
It's very troubling and a symptom of a broken society/system when particular laws or rules are applied and enforced against some people but not against others
Someone Should Remind Microsoft Lunduke That Microsoft Hires Many Sexual Criminals and Pedophiles as Well
Microsoft Lunduke on an "expedition" to find one or more perverts, then generalise to everyone in the "community"
Cash Machines (ATMs) Make Mistakes and They're Proprietary Software
Correcting mistakes is a colossal challenge
Yes, Microsoft is the Problem
"I am no MS shill."
Another Failed Use Case for Chatbots (LLM): Legal Advice and Analysis
They're just some self-discrediting toy that costs way too much to operate
 
Not Owning Mobile Phones
It's not about resistance; it's common sense
PCLinuxOS Had Functional Backups Before the House Fire, the Site Will be Restored in New Webhost
This is the direction we want for GNU/Linux, not some IBM sales strategy
Gemini Links 30/07/2025: Two Sides of Me and "Hooked on Cosmic Voyage"
Links for the day
Microsoft Will Continue Resorting to Crimes in Order to Keep GNU/Linux Usage Down
It is a real problem and we'll revisit it later this week
GAFAM 'Revolving Doors' at The Register and a "Bribe Price List"
"an analyst at Microsoft"
Microsoft Rapidly Shrinking (No, It's Not About Efficiency, It's About Unbearable Debt)
We'll soon see how much debt grew in the past quarter
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 29, 2025
IRC logs for Tuesday, July 29, 2025
Corruption is the Standard Operating Procedure at the European Patent Office (EPO)
The EPO is a dictatorship that stains Europe
Local Staff Committee Munich (LSCMN) at the European Patent Office (EPO) Requests an Urgent Meeting to Avoid Abolishing the Office
This is dictatorship led by the most corrupt
Slopwatch: Fake 'Linux' 'Articles' and Spamfarms/Slopfarms
at least 5 fake articles in one day
Gemini Links 29/07/2025: Wayland Unfit for Use and LLM Slop Faking One's Language Skills With Robot Communications
Links for the day
Nailing the "Hey Hi" (AI) Hype Bubble
So-called "hey hi" as they define it now is all about large companies or regimes remotely controlling the processes running on your machine and even your very own behaviour on your machine, which is in effect no longer your machine but some remotely controlled apparatus
"Four decades; Four freedoms; For all users" Now as a T-shirt
That's shown along the sidebar
Links 29/07/2025: Bad Climate and "Fair Software Licensing" Blasts Microsoft
Links for the day
Links 29/07/2025: Data Brokers Gone Wrong/Rogue and "Copyright Thicket"
Links for the day
Slopwatch: Linuxconfig.org, Linuxsecurity.com, Fagioli, The Register
Today's "Slopwatch" isn't the first article about LLM slop
We Cover Topics Other Sites Are Too Afraid to Cover (Even When They Know the Facts)
It's not that they doubt the truth, they just realise there may be consequences for talking about it
They Try to Tell Us the Free Software Foundation Inc is Dying, But Its Revenue Doubled Since the Dot-Com Bubble Burst
Being in "Activism" is never easy; but it does positive things for society
It's About the Cost of Workers, Not the Fictional Skills Shortage (That Does Not Exist, the Media Spreads False and Sometimes Self-Fulfilling Narratives)
This issue isn't limited to computing, some dub it "globalism"
Links 29/07/2025: More Pushbacks Against Slop and More Praises of Tom Lehrer
Links for the day
Gemini Links 29/07/2025: Purple Yarrow and Understanding Op Amps
Links for the day
This Monday WebProNews Absolutely Flooded the Web With Fake (LLM Slop) 'Articles' About "Linux", Google News Promoted Them as Legitimate
All of the following are fake articles attributed to pseudonyms or authors that don't exist; the images are also slop. Why does Google promote these?
Linuxiac is Not a Slopfarm, But at Least Some of Its Articles Are Machine-Generated Fakes
what we said about it was correct
Expect More Microsoft Layoffs
"Are more job cuts coming?"
Microsoft Behaving Like It's Running Out of Money to Pay Salaries
Does that seem like the behaviour expected from a company which claims it is "worth" trillions?
LWN Downtime Due to Linode, Not LLM Bots
"I’ve received an email letting me know that there is a potential for data loss."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 28, 2025
IRC logs for Monday, July 28, 2025
Nonfree Software in My Bank, by Richard Stallman
Updated 8 hours ago
Links 28/07/2025: Science, Health, and Conflicts
Links for the day
Gemini Links 28/07/2025: Healthy Self-Image With Autism and a "New Life"
Links for the day
Links 28/07/2025: COVID-19 Sped up Brain Aging, "Circumvention is More Popular Than Compliance"
Links for the day
Richard Stallman is Usually Right Because He Thinks "Outside the Box"
he is able to observe society (mores and norms) as somewhat of an outsider
LWN Has Been Down for a Long Time, Another Casualty of LLM Bots?
Time will tell. How much time though?
Slopfarms Versus 'Linux' (and Against People Who Write Real Articles About GNU/Linux)
LLM slop in slopfarms by Brian Fagioli and Redazione RHC
Gemini Links 28/07/2025: Bila Yarrudhanggalangdhuray and Running pkgsrc in a FreeBSD Jail
Links for the day
Microsoft Turns News Sites Into Spamfarms
Is the site The Register MS the next IDG?
The Register MS/The Register US
On Saturday I contacted them for a comment (before issuing criticism)
Hacking revelations at Vatican Jubilee of Digital Missionaries
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 27, 2025
IRC logs for Sunday, July 27, 2025