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. █