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

06.23.11

The Linux Foundation Needs a Rethink About Software Patents Stance (Currently Represents Multinationals, Not GNU/Linux Users/Developers)

Posted in Finance, GNU/Linux, IBM, Kernel, Microsoft, Patents at 11:00 am by Dr. Roy Schestowitz

Jim Zemlin

Summary: The stance of the Linux Foundation resembles that of the OIN and Peer-to-Patent, which makes it a peril to real progress in the fight against software patents

OIN and LF (Linux Foundation) are tightly related entities whose position on patents we wrote about a few years ago. Not much has changed since then, except that we have a lot more evidence to validate and solidify this relationship this year (the older post is from 2008).

Those who have followed this site for a while would probably know that we are sceptical of the OIN because rather than abolish software patents it is validating a strategy of getting more software patents to ‘cancel out’ those of enemies of GNU and Linux (more of the latter). Peer-to-Patent takes a similar approach in spirit. We have just found out that Peer-to-Patent liaised with patent lawyers. Are they wasting students’ time and legitimising patents? Read the following from a UK-based patent lawyers’ blog:

Last week’s Peer-to-Patent (P2P) seminar, organised by the IPKat and kindly hosted in Olswang LLP’s cosy rooftop nest in Holborn, is gone but not forgotten. For one thing, this blog is privileged to have some notes from one of those present, Dr Roger J Burt (a European and Chartered Patent Attorney with huge experience of software-related patents).

[...]

There is a particular hope that university students, particularly computer science students for the present pilot, may take part and benefit from learning about the patent system and how it works”.

What a silly idea. If anything, British students need to be taught to reject the patent system and antagonise companies that lobby for software patents. These companies are enemies of their prospective occupation. They are monopolising the field and reducing the number of available jobs in computer science. We were even more saddened to see Jim Zemlin closing his latest interview with the following brow-raising statement:

Zemlin: I think we were speaking around patent reform. I think everyone in the tech industry related specifically to software would like to see a higher bar in terms of quality for patents issued around software because the lack of quality leads to a lot of needless litigation.

The problem is not “quality for patents issued around software”, the problem is “patents issued around software,” right? The head of the FFII interprets this as “Zemlin of LinuxFoundation a supporter of swpats [software patents]” and given the OIN’s approach, it is not exactly shocking. Both the OIN and the Linux Foundation are a bit like front groups for large supporters of Linux, especially the big companies that engage in kernel development for their own benefit. If the LF is a front to software patents proponents like IBM and like Intel, then we need to reassess our take on the LF’s position regarding patents, not just the OIN’s position (which we never truly supported, with exceptions). IBM’s Rob Weir tweets about fake patent 'reform' which goes under the nose of the IBM veteran-led USPTO (Kappos):

Fascinating congressional patent reform bill debate on CSPAN.. Debating first-to-invent versus first-to-file

That’s not the reform we should focus on. The real reform people want and need would stop monopolies like IBM from getting ‘ownership’ of algorithms. Let us remember that IBM and Intel — not just Microsoft — are behind the push for software patents in NZ — an important subject at this moment because US-based Web sites try to impose their power upon the kiwis, e.g. by claiming “widespread criticism of proposed exclusion and examination guidelines”. This is an utter falsehood. The only criticism comes from US-based giants, their few partners in NZ, and patent lawyers. The population of NZ rightly retests the idea of software patents in this country. To quote the part that is true:

The future of software patents in New Zealand remains in doubt following an almost unanimous rejection of a proposal to exclude computer-implemented inventions from patentability in a recent public consultation.

Let us hope it stays this way. Patent cartels would just love to validate their monopolies in NZ, which would in turn put NZ-based programmers in a position of needing permission from the US to just write simple computer software, however original.

Software patents never made sense, but they made a lot of money for those who produce the least. To insist on the burial of existing software patents (in the US) is not to be armed revolutionists or rebels; it’s just the only rational, progressive thing to do. Developers like yours truly are being assaulted with sanctions so that monopolists can improve their profit margins.

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

7 Comments

  1. NotZed said,

    June 23, 2011 at 10:26 pm

    Gravatar

    “Both the OIN and the Linux Foundation are a bit like front groups for large supporters of Linux, especially the big companies that engage in kernel development for their own benefit.”

    I’m confused. They’re not ‘a bit like front groups’. They are openly and obviously front groups for big business. That is what they were always for and the only reason they exist.

    ‘foundations’ are just another name for lobbyists, they are created to perform marketing in their members interest. And given that the linux business is such a BIG business, that’s whose interest any ‘linux’ foundation would lobby for.

    twitter Reply:

    You could say the same about the Free Software Foundation but it would not be correct. Foundations should be independent and pursue the goals and interests of their members and the FSF does a good job at that.

    A defense of software patents would be an insult to Linux Foundation members that would harm the organization’s credibility. The Linux Foundation is supposed to promote Linux and standardization. Software patents are a direct threat to both and the Linux Foundation should reject them. There is a broad consensus opinion among developers that software patents should not exist. Even Bill Gates knew it was a bad idea. Roy is right to call the Linux Foundation on this and to hope for a credible response.

    The “first to file” rule should be tracked because it would make the already insane USPTO even worse. “First to file” legitimizes idea patents by allowing people to file without first making a working device, aka an invention. This promotes lawyers at the expense of actual inventors in a system that has already left the tracks in that direction. First to file moves the US closer to official government monopolies on business methods that some big business favors. If you want to know what that does for innovation, study the history of the USSR.

    Dr. Roy Schestowitz Reply:

    I don’t think my post was rude, was it?

    twitter Reply:

    I don’t think so. You have tied things together in a way that is rational and the concerns are legitimate. PJ probably wishes that you had made your arguments about Novell more forcefully.

    The Linux Foundation has taken a defeatist and ineffective stand on software patents in the past.

    Q. I think software patents are evil. Shouldn’t we focus on eliminating them instead of trying to help the USPTO improve their approval process?
    A. No, that’s beyond the scope of this project, which is about how to handle problems presented with the status quo given that software patents aren’t going away anytime soon. The USPTO must implement whatever the US legislature dictates — they have been assigned the daunting task of reviewing software patent applications and issuing patents when legal requirements have been met. Faced with problems finding prior art, they contacted IBM and reached out to OSDL and others in order to get help in doing their job better. Whether or not you’re a fan of software patents, everyone can agree that the state of issued software patents is not good. By developing ways to help the USPTO find prior art, and making Open Source Software more available as prior art, fewer software patents will issue. The project’s basic goal is improving accessibility to the very creative, innovative code developed by the open source community as a source of prior art. Everyone wins, proprietary and open source developers and businesses alike, because fewer bad patents are issued.

    There are so many software patents out there that even a complete stop of new ones would make little practical difference. All of them are patents on ideas, methods and math and should be eliminated, as members of the Linux Foundation have advocated.

    Dr. Roy Schestowitz Reply:

    I am not sure to what extent Andy Updegrove speaks for the Linux Foundation (it’s his blog post) and I am not sure it is one of his clients anymore (Microsoft too became his client, whereupon for all I can say he stopped criticising the company).

    Microsoft Florian actually told me that he liked this post as one of the items I can agree with him on is that the Linux Foundation harbours some software patents proponents (then again, they also help fund the FSF).

    twitter Reply:

    My point was not that Andy speaks for the Foundation, it was that the Foundation should speak for Andy. Approval of software patents, as can be seen in the frequently asked questions, is a minority opinion and it is strange that a few proponents would be able to set policy.

    Florian would know about patent proponents, especially when they ape his own talking points. I’m sure the people paying him would be happy if all of the organizations associated with the Linux foundation would vanish. I’d rather those organizations made up their mind to get rid of software patents instead.

    Dr. Roy Schestowitz Reply:

    He uses this for another angle — to insinuate that FOSS has patents (thus the name FOSSpatents IMHO) and that it should therefore be subjected to extortion using software patents. He legitimises unjust taxation, even by patent trolls.

What Else is New


  1. The Moral Depravity of the European Patent Office Under Battistelli

    The European Patent Office (EPO) comes under heavy criticism from its very own employees, who also seem to recognise that lobbying for the UPC is a very bad idea which discredits the European Patent Organisation



  2. Links 26/9/2016: Linux 4.8 RC8, SuperTux 0.5

    Links for the day



  3. What Insiders Are Saying About the Sad State of the European Patent Office (EPO)

    Anonymous claims made by people who are intimately familiar with the European Patent Office (from the inside) shed light on how bad things have become



  4. The EPO Does Not Want Skilled (and 'Expensive') Staff, Layoffs a Growing Concern

    A somewhat pessimistic look (albeit increasingly realistic look) at the European Patent Office, where unions are under fire for raising legitimate concerns about the direction taken by the management since a largely French team was put in charge



  5. Patents Roundup: Accenture Software Patents, Patent Troll Against Apple, Willful Infringements, and Apple Against a Software Patent

    A quick look at various new articles of interest (about software patents) and what can be deduced from them, especially now that software patents are the primary barrier to Free/Libre Open Source software adoption



  6. Software Patents Propped Up by Patent Law Firms That Are Lying, Further Assisted by Rogue Elements Like David Kappos and Randall Rader (Revolving Doors)

    The sheer dishonesty of the patent microcosm (seeking to bring back software patents by misleading the public) and those who are helping this microcosm change the system from the inside, owing to intimate connections from their dubious days inside government



  7. Links 25/9/2016: Linux 4.7.5, 4.4.22; LXQt 0.11

    Links for the day



  8. Patent Quality and Patent Scope the Unspeakable Taboo at the EPO, as Both Are Guillotined by Benoît Battistelli for the Sake of Money

    The gradual destruction of the European Patent Office (EPO), which was once unanimously regarded as the world's best, by a neo-liberal autocrat from France, Benoît Battistelli



  9. Bristows LLP's Hatred/Disdain of UK/EU Democracy Demonstrated; Says “Not Only Will the Pressure for UK Ratification of the UPC Agreement Continue, But a Decision is Wanted Within Weeks.”

    Without even consulting the British public or the European public (both of whom would be severely harmed by the UPC), the flag bearers of the UPC continue to bamboozle and then pressure politicians, public servants and nontechnical representatives



  10. Released Late on a Friday, EPO Social 'Study' (Battistelli-Commissioned Propaganda) Attempts to Blame Staff for Everything

    The longstanding propaganda campaign (framing staff as happy or framing unhappy staff as a disgruntled minority) is out and the timing of the release is suspicious to say the least



  11. Links 23/9/2016: Latest Microsoft and Lenovo Spin (Now in ‘Damage Control’ Mode)

    Links for the day



  12. White Male-Dominated EPO Management Sinks to New Lows, Again

    Benoît Battistelli continues to make the EPO look like Europe's biggest laughing stock by attempting to tackle issues with corny photo ops rather than real change (like SUEPO recognition, diverse hiring, improved patent quality, and cessation of sheer abuses)



  13. Journalism 102: Do Not Become Like 'Managing IP' or IAM 'Magazine' (the Megaphones of the EPO’s Management)

    Another look at convergence between media and the EPO, which is spending virtually millions of Euros literally buying the media and ensuring that the EPO's abuses are scarcely covered (if ever mentioned at all)



  14. Journalism 101: Do Not Believe Anything That Benoît Battistelli and the EPO's Management Say (Also Don't Fall for the UPC Hype)

    A survey/review (or an overview) of recent articles about the EPO and why they're wrong (mostly because they parrot the official lies from Battistelli's department)



  15. Patent Law Firms, David Kappos, and IAM 'Magazine' Still Shelter Software Patents by Cherry-Picking and Lobbying

    Amid the gradual collapse of software patents in the United States there are disingenuous efforts to bring them back or maintain a perception that these patents are still potent



  16. Microsoft-Connected Patent Trolls Going Places and Suing Microsoft Rivals, Microsoft Wants More 'Linux Patent Tax'

    Microsoft-connected patent trolls like Larry Horn's MobileMedia are still attacking Microsoft rivals and Microsoft wants more money from Korea, after it attacked Linux with software patents over there (notably Samsung and LG)



  17. Links 22/9/2016: Linux Professional Institute Redesign, Red Hat Upgraded

    Links for the day



  18. Links 22/9/2016: Red Hat's Latest Results, GNOME 3.22 Released

    Links for the day



  19. The Patent Law Firms in the US Relentlessly Lobby for Software Patents Resurgence by Placing Emphasis Only on Rare Outcomes

    Decisions against software patents continue to be ignored or intentionally overlooked by patent law firms, which instead saturate the media with the few cases where courts unexpectedly rule in favour of software patents



  20. Links 21/9/2016: Lenovo Helps Microsoft Block GNU/Linux Installations

    Links for the day



  21. Like Big Tobacco Lobbyists, Benoît Battistelli and Team UPC Are Just Chronically Lying and Manipulating Politicians With Their Lies

    Benoît Battistelli and Team UPC continue to meddle in politics and mislead the public (through the press) about patent quality as well the UPC, which is now in effect sunk inside the ashtray of history



  22. The EPO's 'Investigative' Function is Totally Out of Control and Continues to Get Bigger, Whitewashed by So-called 'Review'

    An update on the situation which still causes great unrest at the European Patent Office (EPO), namely abuse of staff by the so-called Investigative Unit (Eponia's equivalent of unaccountable secret services)



  23. Microsoft and Patent Law Firms in the United States Can't Stop Writing About McRo in a Coordinated Push to Resurrect Software Patents

    Microsoft is pursuing more Linux 'patent tax' (using software patents) and patent law firms are preoccupied flooding the media with their shameless self-promotion which is also software patents promotion



  24. For Abuse Like Plagiarism and Malpractice, the US Patent System is Still World Champion

    Low patent quality, abusive litigation (e.g. by patent trolls) and various other elements that globally discredit the USPTO are only symptoms of a wider problem, which is a greedy system motivated by neo-liberal values rather than professionalism and servitude



  25. Links 20/9/2016: GNOME 3.22 Preview, Absolute 14.2 Released

    Links for the day



  26. Links 19/9/2016: Linux 4.8 RC7, KDevelop 5.0.1

    Links for the day



  27. Patents Roundup: Disclosure Requirements, Mobile Patents, Patent Lawyers' Plagiarism, USPTO Getting Sued, and Corporate Domination of the Patent System

    The unwanted elements of the patent system (as it stands at present) illuminated by very recent news and patent court cases



  28. With or Without the UPC (Which Will Probably Never Happen) Battistelli is Crushing the EPO and Ejects Experienced Staff, a Future Without Examination Possible

    A pessimistic but probably realistic take on what is happening at the European Patent Office (EPO), which is undergoing a silent transformation so wide-ranging that stakeholders deserve to know about it



  29. When EPO Liar-in-Chief Benoît Battistelli Defamed His Staff in Parliament, Comparing Them to Nazis and Criminals

    A reminder of the audacity of Benoît Battistelli, who in his capacity as a politician -- a problem in its own right -- slanders EPO staff



  30. After McRO v Namco Case (at CAFC) the Patent Microcosm Works Overtime to Produce Pro-Software Patents Propaganda, Smear the Supreme Court

    Increasingly desperate to convince people to pursue software patents and/or use their software patents to initiate growingly risky lawsuits (high risk of losing), the patent microcosm hugs McRO v Namco while distorting the complete record of the Court of Appeals for the Federal Circuit (CAFC) on this subject


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