Bonum Certa Men Certa

TechBytes Episode 72: Richard Stallman on News Sources Bias, GPL.next Misinformation, and Software Patents

Techbytes 2012
Direct download as Ogg (12:12, 4.8 MB)



Summary: The fourth part of our interviews series with Richard Stallman covers software patents opposition for the most part

TODAY we turn our attention to software patents for the most part. Here is the transcript.




Dr. Roy Schestowitz: How do you judge the reliability of a news source and which one or ones do you favour?

Richard StallmanDr. Richard Stallman: Well, how do I judge the reliability? To a large extent I look at the story, and I try to judge based on the other things I know whether this looks like it's bullshit or possible truth. Because there are news sources that I know often slant things, but that doesn't mean that I think that their statements of facts would wrong, because I expect that they would be caught if were wrong. I don't know of any news sources that I could say "that's a good one", because they all have their positions, they all want to say some things and not others. The question is, does it seem plausible that they would say falsehoods about facts? Because there is some embarrassment involved in getting caught in saying... in giving some news that wasn't true.

Many places are not likely to say things that are just false, but they may draw conclusions that don't really follow, or that reflect bias.

My next question is about the GPL. More recently there has been some exposure for what's known as the GPL.next, which Richard Fontana...

"Richard Fontana was interested in exploring some ideas, so he started a project to get suggestions about what to put in a copyleft licence."No, no, it isn't [called that] anymore. Basically, Richard Fontana was interested in exploring some ideas, so he started a project to get suggestions about what to put in a copyleft licence.

That name was not very nice because it implied that it would be the replacement, and of course for anyone to say "my work is going to replace your work" is a somewhat unfriendly thing to say, but that's not what he seems to really mean, so I hope that he finds some interesting ideas through this.

My next question is, what do you consider to be the most effective strategy for elimination of software patents in the United States and worldwide as well?

"If the US trade representative is visiting, or there are a thousand reasons to protest the visit of the US trade representative, what he wants is good for business and bad for people in every country including the US."Well, it depends on the country, because this is a matter of political activity and how to do that effectively varies from country to country. So I can't give authoritative advice to people in other countries; if I can even do so in the US, it wouldn't apply to other places. I can suggest possible approaches to try, you know, meet with officials, organise and make a protest in the street, have protests at events if any officials from that part of international agencies that favour software patents are coming, protest them. If the US Trade Representative is visiting -- there are a thousand reasons to protest the visit of the US Trade Representative; what he wants is good for business and bad for people in every country including the US. How you influence politics in your country, you'll know probably a lot better than I do. That's what it involves, very likely. But it may also involve legal action, if your country's courts could rule that software patents are not valid; that's very important. But what you need is to find a lawyer to argue that case.

Now, in the US, when an appeal is being heard, anyone can send a friend of the court brief, which is published presenting arguments to be considered. If you are in a country which has a practice like that, that can be helpful.

But there is one point about which direction is going to be useful.

If the country does not have software patents, then it will work simply to make it clear and firm that software patents are not allowed, and put this into legislation so that the patent office can't betray it. And you have to work hard making it ironclad, so that the patent office can't find an excuse to betray it. For instance, there are countries in which computer programs can't be patented, But the patent offices say, "we're not issuing patents on computer programs, we're issuing patents on techniques that can be used in computer programs." Now, we think that those treaties and laws were meant to prevent that, but the patent offices reinterpret them in a way that means that [law or treaty] becomes effectively void, and doesn't prevent any kind of patent that anyone would actually want to apply for. So you've got to be careful, you've got to study from a point a view, how could the patent office try to twist this?

"Congress can't legislate the existing patents into non-existence."However, there are countries which already have software patents, and in those countries restricting the issuance of software patents would still leave you with maybe hundreds of thousands of existing software patents. Well, if the courts ruled that software patents were never valid, they would all disappear. So there is some hope that that may eventually happen. But what could Congress do?

Congress can't legislate the existing patents into non-existence. What it could however do is legislate that patents are not infringed by developing, distributing or running software on general-purpose computer hardware if the hardware itself doesn't infringe. That way these patents would remain valid, and they could be applicable to hardware devices but not to software.

You see, patent systems don't generally divide patents into software patents and hardware patents; it's rather the patent would cover a certain idea, and maybe that idea is typically implemented in software, but the patent would also cover implementing it in hardware. My definition of a software patent is a patent that can prohibit programs. Because patents are not intrinsically labelled as software patents or hardware patents, you can't just say "we are going to prohibit software patents", you've got to define clearly what it is that's not going to be issued, or else legislate about where patents apply and where they don't apply.




The next and last part will be published in a few days.

We hope you will join us for future shows and consider subscribing to the show via the RSS feed. You can also visit our archives for past shows. If you have an Identi.ca account, consider subscribing to TechBytes in order to keep up to date.

As embedded (HTML5):







Keywords: softwarepatents uspto monopoly gpl gplnext gnu fsf richardstallman

Download:

Ogg Theora



Past shows in this series:



Show overviewShow title
Episode 66: Tim and RoyTechBytes Episode 66: First of the Second Series
Episode 67: Tim and RoyTechBytes Episode 67: Nokia Down, Android Up
Episode 68: RoyTechBytes Episode 68: Solo With Patents, Apple Bans, and Android World Domination
Episode 69: Roy and Richard StallmanTechBytes Episode 69: Richard Stallman on Restricted Boot (UEFI), Coreboot, GRUB, and Boot Freedom
Episode 70: Roy and Richard StallmanTechBytes Episode 70: Richard Stallman on How Browsers and Social Networking Sites Facilitate Surveillance
Episode 71: Roy and Richard StallmanTechBytes Episode 71: Richard Stallman on Surveillance, the NSA, and Mobile Phones

Recent Techrights' Posts

Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
 
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role