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

Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
The Cyber Show Has "Exciting Guests Coming" and a Gemini Capsule
"Site development is ongoing but now settling into a more stable form"
Banning Things Versus Teaching People the Reason/s to Shun/Boycott Those Things
Prohibition has its limits
 
Brett Wilson LLP Reported to Police for Trying to Throw Large Parcel Into Our Home
This morning the campaign of intimidation...
GAFAM Bots Are Not "Good Bots"
There's nothing "Good" about Google
Links 08/06/2026: Criticism of Microsoft Trying to Criminalise Pointing Out Bug Doors, TikTok Now "Climate-Denying Social Media App"
Links for the day
GNU/Linux Measured at 10% in Liechtenstein This Month
it seems like statCounter wrongly classified some GNU/Linux clients as Mac clients and is now issuing a correction
Communicating With Freedom - Part III - Quibble Envisioned as a New and Easily Accessible Communications Platform Based on LibreJS
the FSF really needs to become more active if not proactive in promoting those sorts of things
Clownflare Says Majority of Web Traffic is Now Bots, But the Net is Another Story
Bots are to Clownflare what lawsuits are to lawyers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 07, 2026
IRC logs for Sunday, June 07, 2026
The Strikes at the European Patent Office Planned to Carry on for the Entire Year, Maybe Future Years as Well
There's a cautionary tale somewhere
Number of Patent Grants Has Plunged 23% Amid Strikes at the European Patent Office, Today There Are More Strikes (Strike Participation at Over 3,000, More Than Doubled Since Winter)
There is a growing crisis at the European Patent Office
E.E.E. Still Ongoing, the War on Copyleft/GPL Enables That
It also imperils security.
Gemini Links 07/06/2026: Lynx in the 'Modern' Web and 'Overcooked' (Plagiarised by LLM) Code
Links for the day
Links 07/06/2026: Java Needs Seawall, Egypt Blasted for Arbitrary Detention of Activists
Links for the day
SLAPP Censorship - Part 100 Out of 200: Interlude and Outline of the First Half, 3+ Months That Got Us Death Threats Connected to Brett Wilson LLP (and Cyber Attacks That Are Difficult to Attribute)
This week we plan to have a good time
Links 07/06/2026: NASA's Mars Maven Declared Dead, Telegram Founder Pavel Durov Bemoans Russia's Crackdown
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 06, 2026
IRC logs for Saturday, June 06, 2026
Gemini Links 07/06/2026: How to Train Your Dragon (2010) and "Six Days of Play"
Links for the day
Links 06/06/2026: 'Epstein Problem' in Board of Directors of Microsoft, Surveillance Giant Google Under Legal Threats for Online Misuses
Links for the day
Software Freedom Takes a Lot More Than Coding
some of the roles in the Free software community that don't receive (m)any grateful words
Ubuntu is Losing to Other GNU/Linux Distros
"Linux Mint"
Old Articles Explaining That Patents - Especially Software Patents - Are Bad for Innovation
We've omitted more than 50% of the articles we had gathered as candidates for inclusion
European Patent Office (EPO) Crisis: Huge EPO Strikes, Profound Corruption, and Cocaine Use by Managers Tolerated
These strikes won't be ending any time soon
Why GNU and FSF Will Choose AV1 Over AV2 (It's More Widely Supported)
for the foreseeable future they'll stick with AV1
Mass Layoffs (RAs) and PIPs (Excuses to Sack) at IBM: Insiders Tell No Relation to Actual Performance
If many thousands are impacted by this, then certainly it is newsworthy
Links 06/06/2026: LinkedIn Infested With Spies, Ethernet WiFi Router On Pi Pico 2W
Links for the day
25 Years With PalmOS
That my Palm PDA still works in 2026 (not in mint condition but close to that) says a lot about the "build quality" of gadgets 20+ years ago
Why We Dumped Online Shopping (Groceries)
subsidies kept the "online" stuff artificially cheap
Microsoft Fell to All-Time Low in Monaco Last Month
So says statCounter anyway
Lawsuits That Don't Work
Not as expected anyway
SLAPP Censorship - Part 99 Out of 200: Graveley and Garrett Seem to Have Crashed Brett Wilson LLP (Worse Than Taking Russian Oligarchs as SLAPP Clients)
a state of disarray
Microsoft Has Spent Months Preparing Lists of People to Cull in Massive Wave of Layoffs (Allegedly Start of July)
There is some consensus that we're weeks away from mega-layoffs at Microsoft
Gemini Links 06/06/2026: "Competing" With LLMs and "Automation of Any Kind"
Links for the day
Links 06/06/2026: 'Linux' Foundation Openwashing Slop on Microsoft's Payroll, Ukraine Wants Permanent Ceasefire With Russia
Links for the day
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026