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

05.17.14

Copyrights and Not Just Patents Become a Threat to Free Software, Making Mono More Urgent to Avoid

Posted in Mono, Oracle, Patents at 6:24 am by Dr. Roy Schestowitz

Summary: Now that a relatively high court in the US views APIs as a recognised monopoly we face new risks and Mono is on very shaky ground

The other day when we wrote about patents as an issue with huge implications to FOSS we took note of Microsoft- and Oracle-backed tools such as CPTN (Novell’s patents), which OIN is quite pointless against. OIN is wrongly assuming a particular strategy of patent litigation will develop, even though companies like In Microsoft and Nokia dodge to proxies like MOSAID. Here is a new piece about OIN which focuses on hardware:

The next big intellectual property battle has been forming over hardwired and programmable chips made for mobile devices that leverage Linux code. However, the Open Invention Network has strategically deployed forces to keep Linux-powered smartphones, tablets and other computer technologies out of harm’s way. Its goal is to create a patent litigation no-fly zone around embedded Linux.

OIN does not appear too have done much — if anything at all — to stop litigation of this kind. To make matters worse, look what members like Oracle have been doing, leveraging copyright to attack other OIN members.

Here is Glyn Moody’s new take on this matter. He writes:

Last week, that “idea/expression dichotomy” was dealt a serious blow by a US court. Significantly, it is the same court – the Court of Appeals for the Federal Circuit (CAFC) – that is largely responsible for the software patent mess in the US.

Indeed, CAFC has been quite notorious for this. It is worse than even SCOTUS. Well, citing this older article, Mike Masnick explains that we should all be “recognizing that APIs shouldn’t be covered by copyright…as it makes people programming on your platform more valuable since they have more options and more flexibility. The big companies who don’t like this are being short-sighted. They’re trying to lock in developers, by forcing them to only develop for their platform, but in doing so, are inherently making their own platform less valuable.”

Now we are stuck in a mess of copyrights APIs, Jose warned us about such stuff years ago, in relation to Mono. Whatever Dalvik means to Java (Oracle) Mono may mean to .NET (Microsoft). We will revisit and expand on this another day.

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. EPO 'Business' From the United States Has Nosedived and UPC is on Its Death Throes

    Benoît Battistelli and Elodie Bergot further accelerate the ultimate demise of the EPO (getting rid of experienced and thus 'expensive' staff), for which there is no replacement because there is a monopoly (which means Europe will suffer severely)



  2. Links 17/11/2017: KDE Applications 17.12, Akademy 2018 Plans

    Links for the day



  3. Today's EPO and Team UPC Do Not Work for Europe But Actively Work Against Europe

    The tough reality that some Europeans actively work to undermine science and technology in Europe because they personally profit from it and how this relates to the Unitary Patent (UPC), which is still aggressively lobbied for, sometimes by bribing/manipulating the media, academia, and public servants



  4. Links 16/11/2017: WordPress 4.9 and GhostBSD 11.1 Released

    Links for the day



  5. The Staff Union of the EPO (SUEPO) is Rightly Upset If Not Shocked at What Battistelli and Bergot Are Doing to the Office

    The EPO's dictatorial management is destroying everything that's left (of value) at the Office while corrupting academia and censoring discussion by threatening those who publish comments (gagging its own staff even when that staff posts anonymously)



  6. EPO Continues to Disobey the Law on Software Patents in Europe

    Using the same old euphemisms, e.g. "computer-implemented inventions" (or "CII"), the EPO continues to grant patents which are clearly and strictly out of scope



  7. Links 16/11/2017: Tails 3.3, Deepin 15.5 Beta

    Links for the day



  8. Benoît Battistelli and Elodie Bergot Have Just Ensured That EPO Will Get Even More Corrupt

    Revolving door-type tactics will become more widespread at the EPO now that the management (Battistelli and his cronies) hires for low cost rather than skills/quality and minimises staff retention; this is yet another reason to dread anything like the UPC, which prioritises litigation over examination



  9. Australia is Banning Software Patents and Shelston IP is Complaining as Usual

    The Australian Productivity Commission, which defies copyright and patent bullies, is finally having policies put in place that better serve the interests of Australians, but the legal 'industry' is unhappy (as expected)



  10. Patent Trial and Appeal Board (PTAB) Defended by Technology Giants, by Small Companies, by US Congress and by Judges, So Why Does USPTO Make It Less Accessible?

    In spite of the popularity of PTAB and the growing need/demand for it, the US patent system is apparently determined to help it discriminate against poor petitioners (who probably need PTAB the most)



  11. Declines in Patent Quality at the EPO and 'Independent' Judges Can No Longer Say a Thing

    The EPO's troubling race to the bottom (of patent quality) concerns the staff examiners and the judges, but they cannot speak about it without facing rather severe consequences



  12. The EPO is Now Corrupting Academia, Wasting Stakeholders' Money Lying to Stakeholders About the Unitary Patent (UPC)

    The Unified Patent Court/Unitary Patent (UPC) is a dying project and the EPO, seeing that it is going nowhere fast, has resorted to new tactics and these tactics cost a lot of money (at the expense of those who are being lied to)



  13. Links 15/11/2017: Fedora 27 Released, Linux Mint Has New Betas

    Links for the day



  14. Patents Roundup: Packet Intelligence, B.E. Technology, Violin, and Square

    The latest stories and warnings about software patents in the United States



  15. Decline of Skills Level of Staff Like Examiners and Impartiality (Independence) of Judges at the EPO Should Cause Concern, Alarm

    Access to justice is severely compromised at the EPO as staff is led to rely on deficient tools for determining novelty while judges are kept out of the way or ill-chosen for an agenda other than justice



  16. Links 14/11/2017: GNU/Linux at Samsung, Firefox 57 Quantum

    Links for the day



  17. Microsoft: Sheltering Oneself From Patent Litigation While Passing Patents for Trolls to Attack GNU/Linux

    Another closer look at Provenance Asset Holdings and what exactly it is (connection to AST, part of the cartel Microsoft subsidises to shield itself)



  18. The Patent Trolls' Lobby is Losing the Battle for Europe

    The situation in Europe is looking grim for patent trolls, for their policies and the envisioned system (which they lobbied for) isn't coming to fruition and their main casualty is the old (and functioning) EPO



  19. Unitary Patent (UPC) is Dead to the EPO and ANSERA is Not the Answer as Patent Quality Declines and Talented Staff Leaves

    EPOPIC comes to an end and the EPO does not mention the UPC 'content' in it; ANSERA, in the meantime, raises more questions than it answers and IP Kat makes a formal query



  20. Why Honest Journalism on Patent Matters Barely Exists

    Media coverage in the area of patent law is still appalling as it's dominated if not monopolised by those who benefit from patent maximalism



  21. Patent Maximalism Around the World

    A roundup of stories or spin observed over the past week, mostly favouring those who profit from patents rather than creation of anything



  22. Links 13/11/2017: Samsung’s DeX Revisited, Linux Kernel 4.14 Released

    Links for the day



  23. Time for the Court of Appeals for the Federal Circuit (CAFC) to Disregard Rulings From the Eastern District of Texas

    A look at the latest developments at the Federal Circuit and some bits about Microsoft's extortion using software patents (even after Alice)



  24. Alice (De Facto Ban on Software Patents) Remains Untouched in 2017 and Likely in 2018 As Well

    The patent microcosm (people like Dennis Crouch) is trying to find cases that can contradict Alice (at the higher levels, especially the US Supreme Court) but is unable to find them; as things stand, suing anyone with a software patent seems like a losing/high-risk strategy



  25. The USPTO's Joe Matal (Interim Director) Sounds Serious About Improving the Patent Quality and Services

    An expressed desire to improve the US patent system rather than treat is like a money-making machine, as illuminated in recent days by Patently-O



  26. Patent Trial and Appeal Board (PTAB) Defends Firms From Bogus Patents and US Congress Hears About How PTAB Dodgers Misuse Immunity

    The debate about PTAB is being lost by the patent microcosm, whose attempt to dodge and demonise PTAB merely serves to reinforce PTAB's importance and continued success



  27. Links 11/11/2017: Mesa 17.2.5 and Wine 2.21 Released

    Links for the day



  28. Benoît Battistelli Gives Power to Željko Topić, Not Just to António Campinos

    Topić still derives power from Battistelli, who treats him like his right-hand man



  29. Next EPO President Will Continue a Cooperation Which Does Not Exist

    Kluwer Patent Blog is nitpicking the words of António Campinos and expressing scepticism about progress to be made by Campinos



  30. More Microsoft AstroTurfing by Association for Competitive Technology (ACT) and Mingorance

    ACT, now led by Morgan Reed rather than Zuck, is still meddling in European policy (software patents agenda) and other familar front groups appear at the scene in an effort to influence DG Competition


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