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

03.03.14

Open Source Initiative, Free Software Foundation, SFLC, Red Hat and Others Fight Against Software Patents at SCOTUS Level

Posted in America, FSF, Law, OIN, OSI, Patents, Red Hat at 5:58 am by Dr. Roy Schestowitz

Summary: The debate about software patents in the United States is back because many Free software advocacy groups and companies (not Open Invention Network though) are getting involved in a Supreme Court (SCOTUS) case

OVER THE past 6 months or so there have not been many debates about software patents. There were debates about trolls and other such distracting debates; many of them were ‘pre-approved’ by corporations and covered by the corporate press. We had highlighted this appealing trend several dozens of times before pretty much abandoning this debate and giving up on involvement; generally speaking, providing coverage for these debates is basically helping those who create obstacles for small players (monopolies/oligopolies) just shift the public’s attention away from patent scope.

Debates about software patents returned about a week ago. The Open Invention Network (OIN) was mentioned in the article “Software patents should include source code”, but it’s such an offensive idea because it helps legitimise software patents, which is what the Open Invention Network often does anyway. To quote the article: “Computer-implemented inventions that are patented in Europe should be required to fully disclose the patented invention, for example by including working, compilable source code, that can be verified by others. This would be one way to avoid frivolous software patents, says Mirko Boehm, a Berlin-based economist and software developer working for the OpenInvention Network (OIN).”

Why on Earth does the Open Invention Network get involved in pushing the idea of software patents in Europe? Source code or not, software patents are not legal in Europe and the same goes in most of the world, including India where lawyers’ sites still try to legitimise them.

In another blog post, one from a proprietary software company, the ludicrous notion of “Intellectual Property” is mentioned in the context of Free software and patents. The author is actually pro-Free software, but the angle he takes helps warp the terminology and warp the discussion somewhat. To quote him: “My usual response to the question, “Do I have to worry about patent trolls and copyright infringement in open source software?” is another question, “Does your proprietary vendor offer you unlimited liability for patent trolls and copyright infringement and what visibility do you have into their source code?” In the proprietary world I think you’d be hard-pressed to find a vendor who provides unlimited liability for their products against IP infringement, or even much over the cost of the products or services rendered. How often do you review their source code and if given the opportunity are you able to share your findings with other users. In open source that’s simply table stakes.”

Contrary to all the above, the Software Freedom Law Center, together with the FSF and the OSI (Simon Phipps and Luis Villa) actually fight the good fight. To quote Phipps: “How important are software patents? We know they’re a threat to the freedom of developers to collaborate openly in communities, chilling the commercial use of shared ideas that fuels engagement with open source. We know that the software industry was established without the “incentive” of software patents. But the importance of the issue was spotlighted yesterday in a joint action by two leading open source organizations.”

Here is how Phipps concludes his article at IDG: “I endorse and welcome this joint position calling for firm clarity on software patents. (I was obviously party to the decision to take it, although I’m not writing on OSI’s behalf here.) With 15 years of history behind us, there’s far more that unites the FSF and the OSI than divides us. We’ve each played our part in the software freedom movement that has transformed computing. Now all of us in both communities need to unite to end the chilling threat of software patents to the freedom to innovate collaboratively in community.”

Red Hat too is joining this battle and announcing this to shareholders, making some press coverage in the process amid many articles about SCOTUS in the post-Bilski case era (see some coverage in [1, 2, 3, 4, 5, 6, 7, 8, 910]).

Software patents are finally in the headlines again (not much sympathy for them), but there is also some focus on trolls, courtesy of companies like Samsung and Apple. Other recent reporting about patents covered patent lawyers’ business, the role of universities in patents (they help feed trolls these days), and also USPTO reform (that was a fortnight ago). None of this dominated the news, however, as much as the debate was on software patents. So, perhaps it’s time to get back to covering patents on an almost daily basis.

Software patents are the most important issue as they are the biggest barrier to Free software. We just need to have the subject of software patents and their elimination publicly discussed.

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 17/10/2017: KDE Frameworks 5.39.0, Safe Browsing in Epiphany

    Links for the day



  2. Judge Bryson Rules Against Allergan After It Used Native American Tribes to Dodge Scrutiny of Patents (IPRs); Senator Hatch Does Not Understand IPRs

    Having attempted to dodge inter partes reviews (IPRs) by latching onto sovereign immunity, Allergan loses a key case and Senator Hatch is meanwhile attempting to water down IPRs albeit at the same time bemoaning patent trolls (which IPRs help neutralise)



  3. Rumours That António Campinos Initially Had No Competition at All (for Battistelli's Succession) Are Confirmed

    Succession at the EPO (mostly French) shows that there's little room for optimism and Battistelli's people are too deeply entrenched in the upper echelons of the EPO



  4. EPO Stakeholders Complain That the New Chairman Does Not Grasp the Issues at the EPO (or Denies These)

    Some information from inside the EPO’s Administrative Council, whose Chairman is denying (at least to himself) some of the core issues that render the EPO less competitive in the international market



  5. Another Misleading Article Regarding Patents From Rana Foroohar at the Financial Times

    In an effort to promote the agenda of patent maximalists, many of whom are connected to the Financial Times, another deceiving report comes out



  6. Monika Ermert's Reports About the Crisis at the EPO and IP Kat's Uncharacteristically Shallow Coverage

    News from inside the Council shows conflict regarding the quality of European Patents (granted by the EPO under pressure from top-level management)



  7. Patent Troll VirnetX a Reminder to Apple That Software Patents Are a Threat to Apple Too

    VirnetX, a notorious patent troll, is poised to receive a huge sum of money from Apple and Qualcomm is trying to ban Apple products, serving to remind Apple of the detrimental impact of patents on Apple itself



  8. Links 16/10/2017: Linux 4.14 RC5, Debian 9.2.1, End of LibreOffice Conference 2017

    Links for the day



  9. The Systematic Erosion of Workers' Rights and Holidays at the EPO Goes Years Back

    The legitimacy of the staff's concerns at the EPO, having seen basic labour safeguards being shredded to pieces by Battistelli for a number of years (predating even the escalation of the conflict)



  10. Articles in English and German Speak About the Decline in Quality of European Patents (Granted by the EPO)

    Heise and The Register, two sites that have closely watched EPO affairs for a number of years, speak about the real problem which is declining patent quality (or rushed examination) -- a recipe for frivolous litigation in Europe



  11. Software Patents and Patent Trolls Not a Solved Issue, But the US is Getting There

    A media survey regarding software patents, which are being rejected in the US in spite of all the spin from law firms and bullies such as IBM



  12. US Patent Trolls Are Leaving and the Eastern District of Texas Sees Patent Cases Falling by More Than Half

    The decline of patent aggression in the US and the patent microcosm's response to Justices, having ruled in TC Heartland, curtailing patent trolls



  13. Qualcomm's Nightmares Are Getting Worse as Antitrust Questions Are Raised and Assessed

    Qualcomm is getting itself deeper in trouble as fines pile up and its multi-billion dollar dispute with Apple isn't getting it anywhere



  14. Forget About Apple; Two of the Leading Phone Makers (Samsung and Huawei) Are Bickering Over Patents

    Massive Android OEMs, Huawei and Samsung, are in a big patent dispute and this time, for a change, China is a legal battleground



  15. Tim Heberden From the Glasshouse Advisory is Throwing Stones in a Glasshouse to Create Patent Litigation

    IAM's latest lobbying, aided by the patent microcosm, for a climate of feuds and disputes (to line the pockets of the litigation 'industry')



  16. Access to Medicine is More Important Than Patents

    Some of the latest news about patents that impede/deny access to crucial medication; strategic litigation from the generics sector, seeking to invalidate patents and then offer low-cost alternatives



  17. Links 14/10/2017: Windows Breaks Dutch Law, Wine 2.19 Released

    Links for the day



  18. The Patent Trial and Appeal Board (PTAB) Supported by Congress, a Federal Judge, Soon to be Supported by the Supreme Court Too?

    The Patent Trial and Appeal Board is still widely defended, except by the patent microcosm which likes (and profits from) patent trolls and litigation Armageddon



  19. Patents Are Turning BlackBerry and Nokia, Which Used Android, Into Anti-Android Fronts That Tax Android OEMs

    The Canadian BlackBerry has sued BLU in the US only to compel it to pay 'protection' money; Nokia's patents are being scattered to trolls, which are doing something similar (without risking litigation themselves)



  20. The Unified Patent Court (UPC) is Rotting Like the European Patent Office

    The Unitary Patent litigation pipe dreams (or prosecution/trolling fast lane), which Battistelli's EPO long relied on, turn out to be the road to nowhere



  21. Lying and Faking Now a Standard Procedure at the European Patent Office

    The European Patent Organisation (EPO) under the leadership (or chairmanship) of Christoph Ernst continues to relay lies from Battistelli's Office, SUEPO rejects these, the Office lies about SMEs, prioritises Microsoft (again), and probably buys fake Twitter "followers"



  22. Links 13/10/2017: X.Org Server 1.19.5, pfSense 2.4, Final Stages of Ubuntu 17.10

    Links for the day



  23. Truly Terrible 'Journalism' About António Campinos Boils Down to Lobbying and Agenda-Pushing

    The expectedly shallow coverage of the appointment (succession) of Battistelli's French pick, which will likely change nothing of significance at the European Patent Office (EPO)



  24. Under Christoph Ernst, the Council is Just a Megaphone of Battistelli's EPO, Including on Patent Quality

    The Administrative Council of the EPO does not appear to be interested in a serious, adult, scientific debate about the quality of European Patents (EPs) and is instead relaying lies from Benoît Battistelli



  25. Links 12/10/2017: Cutelyst 1.9.0, Qt Creator 4.5 Beta

    Links for the day



  26. The Hogwash Begins: Patent Microcosm's Media Pretends Campinos is Anything But Battistelli's French Succession Plan

    A survey of media coverage regarding António Campinos, the French person whom Benoît Battistelli selected as his successor at the EPO



  27. Patent Quality at the EPO (European Patents) is Slipping While Battistelli's Office Boasts “Expansion of Early Certainty” (Even Worse)

    The EPO is staring down the abyss as high-level EPO management, quite frankly as usual, looks for new ways to further exacerbate patent quality (for superficial gains in the number of granted patents) rather than improve it



  28. Former Microsoft Employee Explains Why Microsoft 'Embrace' of GNU/Linux and Free/Libre Open Source Software is Like W3C Entryism

    Microsoft's latest moves are "EEE" that "concern" him, according to this new video



  29. Links 11/10/2017: Krita 3.3.1, KDE Plasma 5.12 Plans

    Links for the day



  30. China is Getting Full of -- and Fed Up With -- Patent Trolls

    In China too, as expected, local companies are becoming rather disgusted by a wave of patent trolls, enabled by misguided officials and bad advice from the likes of IAM (which sets up events in China at the behest of the patent microcosm)


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