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

07.31.12

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

Posted in TechBytes at 1:30 am by Dr. Roy Schestowitz

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

What Else is New


  1. Links 19/2/2018: Linux 4.16 RC2, Nintendo Switch Now Full-fledged GNU/Linux

    Links for the day



  2. PTAB Continues to Invalidate a Lot of Software Patents and to Stop Patent Examiners From Issuing Them

    Erasure of software patents by the Patent Trial and Appeal Board (PTAB) carries on unabated in spite of attempts to cause controversy and disdain towards PTAB



  3. The Patent 'Industry' Likes to Mention Berkheimer and Aatrix to Give the Mere Impression of Section 101/Alice Weakness

    Contrary to what patent maximalists keep saying about Berkheimer and Aatrix (two decisions of the Federal Circuit from earlier this month, both dealing with Alice-type challenges), neither actually changed anything in any substantial way



  4. Makan Delrahim is Wrong; Patents Are a Major Antitrust Problem, Sometimes Disguised Using Trolls Somewhere Like the Eastern District of Texas

    Debates and open disagreements over the stance of the lobbyist who is the current United States Assistant Attorney General for the Antitrust Division



  5. Patent Trolls Watch: Microsoft-Connected Intellectual Ventures, Finjan, and Rumour of Technicolor-InterDigital Buyout

    Connections between various patent trolls and some patent troll statistics which have been circulated lately



  6. Software Patents Trickle in After § 101/Alice, But Courts Would Not Honour Them Anyway

    The dawn of § 101/Alice, which in principle eliminates almost every software patent, means that applicants find themselves having to utilise loopholes to fool examiners, but that's unlikely to impress judges (if they ever come to assessing these patents)



  7. In Aatrix v Green Shades the Court is Not Tolerating Software Patents But Merely Inquires/Wonders Whether the Patents at Hand Are Abstract

    Aatrix alleges patent infringement by Green Shades, but whether the patents at hand are abstract or not remains to be seen; this is not what patent maximalists claim it to be ("A Valentine for Software Patent Owners" or "valentine for patentee")



  8. An Indoctrinated Minority is Maintaining the Illusion That Patent Policy is to Blame for All or Most Problems of the United States

    The zealots who want to patent everything under the Sun and sue everyone under the Sun blame nations in the east (where the Sun rises) for all their misfortunes; this has reached somewhat ludicrous levels



  9. Berkheimer Decision is Still Being Spun by the Anti-Section 101/Alice Lobby

    12 days after Berkheimer v HP Inc. the patent maximalists continue to paint this decision as a game changer with regards to patent scope; the reality, however, is that this decision will soon be forgotten about and will have no substantial effect on either PTAB or Alice (because it's about neither of these)



  10. Academic Patent Immunity is Laughable and Academics Are Influenced by Corporate Money (for Steering Patent Agenda)

    Universities appear to have become battlegrounds in the war between practicing entities and a bunch of parasites who make a living out of litigation and patent bubbles



  11. UPC Optimism Languishes Even Among Paid UPC Propagandists Such as IAM

    Even voices which are attempting to give UPC momentum that it clearly lacks admit that things aren't looking well; the UK is not ratifying and Germany make take years to look into constitutional barriers



  12. Bejin Bieneman Props Up the Disgraced Randall Rader for Litigation Agenda

    Randall Rader keeps hanging out with the litigation 'industry' -- the very same 'industry' which he served in a closeted fashion when he was Chief Judge of the Federal Circuit (and vocal proponent of software patents, patent trolls and so on)



  13. With Stambler v Mastercard, Patent Maximalists Are Hoping to Prop Up Software Patents and Damage PTAB

    The patent 'industry' is hoping to persuade the highest US court to weaken the Patent Trial and Appeal Board (PTAB), for PTAB is making patent lawsuits a lot harder and raises the threshold for patent eligibility



  14. Apple Discovers That Its Patent Disputes Are a Losing Battle Which Only Lawyers Win (Profit From)

    By pouring a lot of money and energy into the 'litigation card' Apple lost focus and it's also losing some key cases, as its patents are simply not strong enough



  15. The Patent Microcosm Takes Berkheimer v HP Out of Context to Pretend PTAB Disregards Fact-Finding Process

    In view or in light of a recent decision (excerpt above), patent maximalists who are afraid of the Patent Trial and Appeal Board (PTAB) try to paint it as inherently unjust and uncaring for facts



  16. Microsoft Has Left RPX, But RPX Now Pays a Microsoft Patent Troll, Intellectual Ventures

    The patent/litigation arms race keeps getting a little more complicated, as the 'arms' are being passed around to new and old entities that do nothing but shake-downs



  17. UPC Has Done Nothing for Europe Except Destruction of the EPO and Imminent Layoffs Due to Lack of Applications and Lowered Value of European Patents

    The Unified Patent Court (UPC) is merely a distant dream or a fantasy for litigators; to everyone else the UPC lobby has done nothing but damage, including potentially irreparable damage to the European Patent Office, which is declining very sharply



  18. Links 17/2/2018: Mesa 17.3.4, Wine 3.2, Go 1.10

    Links for the day



  19. Patent Trolls Are Thwarted by Judges, But Patent Lawyers View Them as a 'Business' Opportunity

    Patent lawyers are salivating over the idea that trolls may be coming to their state/s; owing to courts and the Patent Trial and Appeal Board (PTAB) other trolls' software patents get invalidated



  20. Microsoft's Patent Moves: Dominion Harbor, Intellectual Ventures, Intellectual Discovery, NEC and Uber

    A look at some of the latest moves and twists, as patents change hands and there are still signs of Microsoft's 'hidden hand'



  21. Links 15/2/2018: GNOME 3.28 Beta, Rust 1.24

    Links for the day



  22. Bavarian State Parliament Has Upcoming Debate About Issues Which Can Thwart UPC for Good

    An upcoming debate about Battistelli's attacks on the EPO Boards of Appeal will open an old can of worms, which serves to show why UPC is a non-starter



  23. The EPO is Being Destroyed and There's Nothing Left to Replace It Except National Patent Offices

    It looks like Battistelli is setting up the European Patent Office (EPO) for mass layoffs; in fact, it looks as though he is so certain that the UPC will materialise that he obsesses over "validation" for mass litigation worldwide, departing from a "model office" that used to lead the world in terms of patent quality and workers' welfare/conditions



  24. IBM is Getting Desperate and Now Suing Microsoft Over Lost Staff, Not Just Suing Everyone Using Patents

    IBM's policy when it comes to patents, not to mention its alignment with patent extremists, gives room for thought if not deep concern; the company rapidly becomes more and more like a troll



  25. In Microsoft's Lawsuit Against Corel the Only Winner is the Lawyers

    The outcome of the old Microsoft v Corel lawsuit reaffirms a trend; companies with deep pockets harass their competitors, knowing that the legal bills are more cumbersome to the defendants; there's a similar example today in Cisco v Arista Networks



  26. The Latest Lies About Unitary Patent (UPC) and the EPO

    Lobbying defies facts; we are once again seeing some easily-debunked talking points from those who stand to benefit from the UPC and mass litigation



  27. Speech Deficit and No Freedom of Association at the EPO

    True information cannot be disseminated at the EPO and justice too is beyond elusive; this poses a threat to the EPO's future, not only to its already-damaged reputation



  28. No, Britain is Not Ratifying 'Unitary' Anything, But Team UPC Insinuates It Will (Desperate Effort to Affect Tomorrow's Outcome)

    Contrary to several misleading headlines from Bristows (in its blog and others'), the UPC isn't happening and isn't coming to the UK; it all amounts to lobbying (by setting false expectations)



  29. The EPO's Paid Promotion of Software Patents Gets Patent Maximalists All Excited and Emboldened

    The software patents advocacy from Battistelli (and his cohorts) isn't just a spit in the face of European Parliament but also the EPC; but patent scope seems to no longer exist or matter under his watch, as all he cares about is granting as many patents as possible, irrespective of real quality/legitimacy/merit



  30. Andrei Iancu Begins His USPTO Career While Former USPTO Director (and Now Paid Lobbyist) Keeps Meddling in Office Affairs

    The USPTO, which is supposed to be a government branch (loosely speaking) is being lobbied by former officials, who are now being paid by private corporations to help influence and shape policies; this damages the image of the Office and harms its independence from corporate influence


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