Bonum Certa Men Certa

Software Patents: Incompatible With and Antithetical to GNU/Linux

When patent monopoly extends beyond physical devices to the realms of costless copies of copies

Invention



Summary: Some thoughts about the role of patents in FOSS and why software patents need more vocal opposition

OVER the years I have composed several thousands of posts about software patents. A lot of GNU and Linux advocates lose sight of what clearly became the #1 impediment to adoption of platforms such as Android and webOS. Patents are harming these Linux-powered platforms in ways that are scarcely understood by the outside world because a lot of bickering over patents happens behind the scenes.



Notable among the secret deals was the 2006 Microsoft/Novell deal and prior to that a deal with Sun Microsystems. The goal is to impose barriers on the distribution as Free (as in freedom) software.

Merriam-Webster defines antithetical as "being in direct and unequivocal opposition," which is exactly what software patents are to copyleft-based software -- software on which the only restriction is that sharing should require modified distributed copies to be made available using the same licence, hence ensuring the preservation or endurance of a program's freedom.

When copyright (or copyleft) are further encumbered by abstract notions of ownership/monopoly such as patents, the same principles no longer apply. One can, for instance, distribute copyrighted code without restriction on the number of copies made, but when a per-unit patent licence is introduced, distribution of a program is impeded.

No Open Source licence provides a one-size-fits-all solution to this cleverly-crafted riddle or discriminatory-by-design maze.

Without delving into the reason software patents -- like several other classes of patents (e.g. genetics, business methods) -- are outrageous, impractical to enforce, and economically unsound, let us recognise that trying to pretend Free/Open Source software (FOSS) is compatible with patents (as proprietary software lobbyists like to do) is worse than deceitful; it is malicious.

Software patents are basically what an insipid mind would conceive as an evil plot to kill FOSS at a litigious level. The strategy which more recently embedded software patents and FOSS-hostile stings in policies (law) is RAND or FRAND -- basically the vain contention that it is "fair" and "reasonable" to tax FOSS (i.e. software) based on patents (i.e. software patents), even in places like China and in continents like Europe where software patents "as such" (open to interpretation due to ambiguity) are not legal.

More GNU/Linux advocates should pay attention to the debate about software patents. It's not just a question of cost but a question of market viability. It determines if proprietary legacy becomes the financial leech on FOSS.

Professor Donald Knuth, a notable computer scientist and perhaps the leading algorithms guru, once wrote: “I find a considerable anxiety throughout the community of practising computer scientists that decisions by the patent courts and the Patent and Trademark Office are making life much more difficult for programmers.”

The issue of software patents is not just a problem to FOSS developers but to all developers. This is why proprietary backers of Linux too should join the debate and rid the world of software patents. This should include companies like IBM, which -- contrary to common belief -- is strongly in favour of software patenting, still.

Originally posted in Linux Advocates

Recent Techrights' Posts

Twitter (X) is Dying, Now It's Just Like a Mafia-Type Operation of the Man Who Does Nazi Salutes in Public
a form of extortion
The Price of Exposing Corruption in Poland (and Elsewhere)
It's easier to participate in corruption than to merely do the right thing and oppose it
Abuse Inside the Polish Patent Office (UPRP) - Part IX: Minimum Wages For You (Experienced Scientist), Alicante/EU Paydays For Me (Unproductive, Corrupt Official)
Does UPRP maladministration extend to the false belief that qualified and experienced scientists can play the role of circus clowns?
"The Liberating Power of Simply Telling People the Truth."
'polite' bullying
Who Imitates Who? Plagiarist as Client (From Microsoft), 'Plagiarism' at the Law Firm?
let's revisit the subject
 
Links 13/06/2025: US Reduces Nonessential Staff at Baghdad Embassy Ahead of Strikes in Iran, Invasion of California Debated
Links for the day
X11 is Free Software
Whether you agree (e.g. on politics) with the person/s forking it doesn't matter
The More Time Passes, the Better Our Advice on Social Control Media Seems
At the end of the day, any platform you do not control yourself is working for someone else
UK High Court Blasts Brett Wilson LLP for Misusing "GDPR" After Failed Efforts to Censor Critics Using 'Libel' Claims
No wonder this firm is rapidly shrinking
Recent Blunders in Microsoft GitHub (e.g. Slop-Generated Bug Reports or GPL Violations 'as a Service') Taking Their Toll?
Put bluntly, if you still use Microsoft GitHub, then you're slave to Microsoft
American Imperialism and Microsoft Plagiarism
Techrights will therefore do what Microsoft does not want it to do: it'll write even more about Microsoft
When They Have Nothing Left to Help Advance Abusive Litigation for Microsoft People... Other Than Throwing ~500 Pages of Someone Else's Work Into a PDF
Microsoft is having a very tough year
Slopwatch and Yet More Holes in 'Secure Boot' (as Usual!), Promoted Inside Linux by the Man We Are Suing
Today's Slopwatch will be short
Gemini Links 13/06/2025: People You've Left Behind, Life Update and OS Changes
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 12, 2025
IRC logs for Thursday, June 12, 2025
Links 12/06/2025: Portland Homeless Deaths Quadruple, COVID Cases Surge in Asia
Links for the day
EPO's Gareth Lord Asked About "Quality and Productivity" or, Put Another Way, Why the EPO Keeps Granting So Many Invalid/Illegal Patents
letter to Lord
EPO's Central Staff Committee (CSC) Scrutinises the Man Who Illegally Grants (and Forces Others to Illegally Participate in Granting) Software Patents in Europe
EPO compels examiners to break the law in the name of obeying illegal "rules" or "orders"
The Latest Rumour Says The Next (as Correctly Predicted Before) Wave of Layoffs at Microsoft is 3 Weeks Away, "Larger Than the First Wave"
Step 2
TV Licensing Used to SPAM Your Postbox, Now It Does the Same to E-mail
First they ask for your E-mail address; then they start nagging you via E-mail
The Toxic Playbook
Either you support Prince Mohammed bin Salman or you're a nazi
It's Possible That BetaNews Got Cracked, But Nobody Talks About It, The Site Contains an Outdated Old Image, No Activity
It's possible that they will never explain what happened to the site and users' accounts
Links 12/06/2025: Beach Boys’ Brian Wilson Dies
Links for the day
Gemini Links 12/06/2025: Video Game Diegesis and Steam Next Fest
Links for the day
Why the Militants Have Lost Every Battle Since 2022 (When Attacking My Wife and I in Various Ways, Even Attacking Our Employers)
This takes patience, sure, but at the end most evildoers face the consequences for their actions
Our Priority is Still Tackling Software Patents and Corruption in Patent Offices
Meanwhile we got compliments on our recent articles, which means that they are effective
Politics Will Impact Software Choices
Will those systems respect users' freedom?
EPO: Neglecting Children to Promote American Monopolies by Shielding Them From European Competition
Yesterday the Central Staff Committee at the EPO spoke about another "reform" at the Office
Slopwatch: Another Day, Another Slopfest, LLM Slop Scrapers Slow Down Our Site
We too have some slop issues; this past day this site and the sister site had to answer about 2.5 million requests (not counting Gemini Protocol) and it's slowing things down for everybody
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 11, 2025
IRC logs for Wednesday, June 11, 2025
Links 11/06/2025: More Vulnerabilities Found in 'Smart' Phones, China Extends Reach in the Pacific
Links for the day
Gemini Links 11/06/2025: Grain and Steam Next Fest
Links for the day
Links 11/06/2025: "Quantum" Hype From IBM, US Closer to Martial Law, and “The Nation” Celebrates Milestone
Links for the day
IBM's CEO Roasted, Sizzled and Grilled for Dumb and Inconsistent Vapourware Promises
It looks like being a chronic liar is what it takes to lead the company once synonymous with computing
IBM's Goal Is Not (and Never Was) Computer Users' Freedom
More than 1.5 decades ago I found IBM to be an "ally of convenience" because of OpenDocument Format (ODF)
Wayland Shows the IBM/Red Hat Way of Doing Things
IBM is trying to 'kill' X
GitHub is Proprietary, Controlled by Microsoft, and GPL Violation Warehouse
"IRS tax filing software [will be] released to the people as free software" ... In general this is good news
Slopfarm Catastrophe
Seems like BetaNews (or BetaNoise) has just suffered a major data loss and restored the site from a week-old backup
Abuse Inside the Polish Patent Office (UPRP) - Part VIII: Illegal Working Conditions
How many people need to die for these people to get their massive salaries?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 10, 2025
IRC logs for Tuesday, June 10, 2025