Bonum Certa Men Certa

Software Industry Abducted by Patent Lawyers

Present



Summary: The passage of wealth from scientists to litigators, whose confiscation of a once-thriving industry leaves Linux in a bit of a limbo

FOLLOWING our polite proposal/message to Google (thanks to all those who helped) we have received DiBona's response, which we haven't asked for permission to quote here, so we won't. But the general message is that Google is unable to distance itself from reports about intentions to buy software patents. it is probably just a matter of time. DiBona, for those who do not know yet, is their FOSS manager, so asking others in the company is unlikely to give more reassuring answers. It is a little troubling. There is more business forming around software patents because companies like Google offer top bucks for these. Who is left then to fight the good fight and actually do what's right about patents? The legalese folks are marching in to the sound of software patents (going where they smell money). FUD about licensing tends to come from these people too. FUD and confrontation is a gold mine to them (copyright disputes).



Based on a report from New Zealand (where the patent situation received a lot of coverage recently), the legalese folks are passing patents around like "property" as explained in this new report:

The Aptimize assets that will pass into the hands of Riverbed include patents and at least one software development going through application for patent in New Zealand. The latter is in a race against the New Zealand Patents Bill, which is set to ban patents on software in this country.

“Riverbed has acquired all the assets of the company including the patents,” says a Riverbed spokesman. “Further patent processing will be handled at corporate level.”

The patents relate to software for improving the efficiency of web-page access.

The present text of the bill says “a computer program is not a patentable invention”. A finer series of tests are being crafted by the Intellectual Property Office of New Zealand according to which patents may be granted for software that has a “physical effect” outside the computer on which it runs; but it is doubtful that a patent would be granted for software to improve the efficiency of the computer it runs on.

The Riverbed takeover is likely to pitch the patent application into the equally uncertain territory of US law. This has no explicit exclusion or inclusion of software in the realm of patent, while the relevance of recent decisions on patentability of business methods to general software patent criteria is disputed.

The spokesman offers no comment on whether Riverbed will consider it worth pursuing more New Zealand patents.

Commentators on previous Computerworld stories have questioned both the existence of prior art (the previous development of a similar idea by someone else) and the obvious process of the innovation claimed in Aptimize’s existing patents.

“Aptimize's patent #566291 represents a simple compilation of existing techniques such as JavaScript aggregation, CSS aggregation and CSS sprites into a convenient proxy server,” wrote Jonathan Hunt, in response to a story earlier this year.

“Each of those [is a] well established technique. Adding them together is not inventive, and should not be worthy of a patent,” he further claimed, in a comment on the Computerworld website.


Is that not amazing? Some companies would rather disregard the law and pretend that their asset is a mere idea written on paper. Isn't that what trade secrete are for? Implementations are already protected by copyrights.

We previously wrote about the state of software patents in India as well. It is reassuring to learn that patents are generally declining over there, which doesn't mean that Indian firms won't file for patents in the USPTO and then troll a lot of companies as we saw last week. Anyway, in India developers seem to be safer:

The Indian patents system, having its seeds laid in the British era (1852) and undergoing sporadic replantations (the 1912, 1970, 2005 Patents Act & amendments), was appearing to grow tall and bear fruits until a noticeable downfall last year. It was surprising and interesting to note the sudden decline in the patents filed, examined and granted with the Indian Patent Office as highlighted in the Annual Report 2009-10 of the Intellectual Property Office India.


This might further justify hiring Indian software developers. The USPTO is just doing harm to north America.

Going back to Google, although it expands in India (I was interviewed for a Google job in India or Ireland 5 years ago), the headquarters are still in the US, so Google is being attacked from many directions for selling a Dalvik/Linux distro. Groklaw has this update on the case and IDG claims that there is breakthrough as both companies get criticised for the following reasons:

According to a Reuters report, the judge also criticised Oracle when it appeared hesitant about discussing financial details in court. "This is a public proceeding. You lawyers and companies are not going to handcuff the court. This is not a wholly owned subsidiary of Oracle Corp".

The court has also been hearing about various deals that were on the table between Sun and Google. In 2006, Google says it rejected a $100M three year deal to work with Sun to jointly build Android. Judge Alsup asked why the company had discussed a licence with Sun and was told by Google's attorney, Robert Van Nest, that there was no specific discussion of patents. Van Nest also noted that while a few lines of code in Android are "identical" to Java, that code probably came from a third party. A 2007 letter from a Google executive to Andy Rubin, Google's Android project leader, was cited by the judge as saying "We conclude we need to negotiate a licence for Java". Van Nest said Google's position remained that there was no infringement and therefore no wilful infringement.


More links derived from the above are to be found here and here. We may expand on that over the weekend, time permitting (I will be away most of next week). The short story is, Sun wanted to be paid for something it oughtn't be paid for. In the world of software patents, making something which merely resembles another (in software) can be viewed as a violation that merits a fine. We must reverse those ludicrous laws.

Recent Techrights' Posts

Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
 
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024