04.11.13

Gemini version available ♊︎

Fighting the Patents Industry Which Focuses on Software

Posted in Patents at 1:58 pm by Dr. Roy Schestowitz

Shield of transparency

Shield of transparency

Summary: A general and short piece about who to target when working to abolish software patents

Patents are the Nemesis of Free (as in freedom) software. But who is it that’s really behind patents? There is the systemic component (institutional) and the corporate component. The latter, which relies on the former, is also the one which lobbies the former. One might say that, in the United States in particular, large corporations such as IBM and Microsoft reinforce the patent system for the sake of protectionism*. Rackspace, a smaller company, says the patent system is “legally sanctioned extortion”, so we know that the USPTO is serving neither small nor medium-sized companies. One can identify the system as benefiting lawyers, patent trolls, and large corporation which can afford to use the other two groups (trolls are sometimes used as a litigation proxy by larger entities to whom this investment and risk are worthwhile).

I advocate aiming for change in the system, not those who exploit the system. The problem is, those who write the law which makes the system (through lobbyists) are the same entities which exploit it. It is a problem of political entryism — one that we find in the copyright world as well. Monsanto too made it infamous. The bottom line is, based on my experience battling software patents for nearly a decade, you should always fight at both levels. If you assume that the patent office is controlled by corporations — which is correct — then battle that office while also battling its enablers and those whose extortion it enables.

What makes me worried is that patent lawyers have taken over much of the public debate while developers remain apathetic or passive. There is a sense of defeatism. The ills of a system which facilitates government-granted monopolies on abstract ideas which are reducible to mathematics are not to be underestimated. Customers — not just developers (irrespective of how they develop software) — should be up in arms over it, but they are not. Well, to be fair, some of them became active after Apple had won the billion-dollar case against Samsung — a case which has been rotting since then, due to jury/foreman misconduct and crucial patents that get invalidated upon re-examination, proving incompetence at the USPTO.

Unless we fight against software patents, the many patent lawyers who are vocal about it will have the stage dominated by their views. It’s not too late to beat software patents in the US, preventing them from spreading further.

___
* IBM and Microsoft also lobby at the EPO (EU) and IPONZ (New Zealand) as multinationals whose interests they believe supersede those of the locals. The EPO and IPONZ enjoy profit from glorification of patents, as seen today right here.

Originally posted in Linux Advocates

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 23/1/2022: MongoDB 5.2, BuddyPress 10.0.0, and GNU Parallel 20220122

    Links for the day



  2. A Parade of Fake News About the UPC Does Not Change the General Consensus or the Simple Facts

    European Patents (EPs) from the EPO are granted in violation of the EPC; Courts are now targeted by António Campinos and the minions he associates with (mostly parasitic litigation firms and monopolists), for they want puppets for “judges” and for invalid patents to be magically rendered “valid” and “enforceable”



  3. Welcome to 2022: Intentional Lies Are 'Benefits' and 'Alternative Facts'

    A crooks-run EPO, together with the patent litigation cabal that we’ve dubbed ‘Team UPC’ (it has nothing to do with science or with innovation), is spreading tons of misinformation; the lies are designed to make the law-breaking seem OK, knowing that Benoît Battistelli and António Campinos are practically above the law, so perjury as well as gross violations of the EPC and constitutions won’t scare them (prosecution as deterrence just isn’t there, which is another inherent problem with the UPC)



  4. From Software Eating the World to the Pentagon Eating All the Software

    “Software is eating the world,” according to Marc Andreessen (co-founder of Netscape), but the Empire Strikes Back (not the movie, the actual empire) by hijacking all code by proxy, via Microsoft, just as it grabbed a lot of the world’s communications via Skype, bypassing the world's many national telecoms; coders need to fight back rather than participate in racist (imperial) shams such as GitHub



  5. Links 22/1/2022: Skrooge 2.27.0 and Ray-Tracing Stuff

    Links for the day



  6. IRC Proceedings: Friday, January 21, 2022

    IRC logs for Friday, January 21, 2022



  7. Peak Code — Part II: Lost Source

    "Debian and Mozilla played along. They were made “Yeoman Freeholders” in return for rewriting their charters to “work closely with the new Ministry in the interests of all stakeholders” – or some-such vacuous spout… because no one remembers… after that it started."



  8. Links 22/1/2022: Ubuntu MATE 21.10 for GPD Pocket 3, MINISFORUM Preloads GNU/Linux

    Links for the day



  9. Computer Users Should be Operators, But Instead They're Being Operated by Vendors and Governments

    Computers have been turned into hostile black boxes (unlike Blackbox) that distrust the person who purchased them; moreover, from a legislative point of view, encryption (i.e. computer security) is perceived and treated by governments like a threat instead of something imperative — a necessity for society’s empowerment (privacy is about control and people in positions of unjust power want total and complete control)



  10. Peak Code — Part I: Before the Wars

    Article/series by Dr. Andy Farnell: "in the period between 1960 and 2060 people had mistaken what they called "The Internet" for a communications system, when it had in fact been an Ideal and a Battleground all along - the site of the 100 years info-war."



  11. Links 21/1/2022: RISC-V Development Board and Rust 1.58.1

    Links for the day



  12. IRC Proceedings: Thursday, January 20, 2022

    IRC logs for Thursday, January 20, 2022



  13. Gemini Lets You Control the Presentation Layer to Suit Your Own Needs

    In Gemini (or the Web as seen through Gemini clients such as Kristall) the user comes first; it's not sites/capsules that tell the user how pages are presented/rendered, as they decide only on structural/semantic aspects



  14. The Future of Techrights

    Futures are difficult to predict, but our general vision for the years ahead revolves around more community involvement and less (none or decreased) reliance on third parties, especially monopolistic corporations, mostly because they oppress the population via the network and via electronic devices



  15. [Meme] UPC for CJEU

    When you do illegal things and knowingly break the law to get started with a “legal” system you know it’ll end up in tears… or the CJEU



  16. Links 20/1/2022: 'Pluton' Pushback and Red Hat Satellite 6.10.2

    Links for the day



  17. The Web is a Corporate Misinformation/Disinformation Platform, Biased Against Communities, Facts, and Science

    Misinformation/disinformation in so-called 'news' sites is a pandemic which spreads; in the process, the founder of GNU/Linux gets defamed and GNU/Linux itself is described as the problem, not the solution to the actual problems



  18. Links 20/1/2022: McKinsey Openwashing and Stable Kernels

    Links for the day



  19. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



  20. Links 20/1/2022: Linuxfx 11.1 WxDesktop 11.0.3 and FreeIPMI 1.6.9 Released

    Links for the day



  21. Links 19/1/2022: XWayland 22.1 RC1 and OnlyOffice 7.0 Release

    Links for the day



  22. Links 19/1/2022: ArchLabs 2022.01.18 and KDE's 15-Minute Bug Initiative

    Links for the day



  23. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  24. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  25. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  26. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  27. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  28. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  29. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  30. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day


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

Recent Posts