Bonum Certa Men Certa

Software Patents Are Still Menacing to Free Software: OIN Expands Scope, HEVC Adds to MPEG-LA Burden/Tax, Google and Facebook Give in on Patents

Making distribution of software strictly contingent upon payments

Wealth



Summary: A look at recent news about software patents and especially Free/libre software, which is inherently incompatible with them

SOME time ago the OIN announced that it was extending its 'coverage' of 'protection' for Linux-related packages. "For this update," is said, "115 new packages will be added to the Linux System, out of almost 800 proposed by various parties. Key additions are the reference implementations of the popular Go and Lua programming languages, Nginx, Openshift, and development tools like CMake and Maven. This update will represent an increase of approximately 5% of the total number of packages covered in the Linux System, a reflection of the incremental and disciplined nature of the update process."



It's a shame that they don't mention GNU at all, but let's not get too pedantic about words and 'brands'. Simon Phipps from the OSI covered this almost a week later (the technology media largely ignored the OIN's announcement), writing that "Docker, Puppet, LibreOffice, and the Go language are the latest additions to the Open Invention Network's extensive patent nonaggression umbrella" (patent pool may be more accurate a term than nonaggression umbrella).

"Out of nowhere," the inventor and developer of Ogg wrote some weeks ago, "a new patent licensing group just announced it has formed a second, competing patent pool for HEVC that is independent of MPEG LA. And they apparently haven't decided what their pricing will be... maybe they'll have a fee structure ready in a few months."

So a new patent troll emerges to attack Free software in multimedia, adding its weight (and tax) to that of MPEG-LA, a patent troll that's already viciously criticised by Simon Phipps. It's not getting much better, is it? The OIN has no way to protect against such patent trolls. If they are non-practising, then there is no way to retaliate with a defensive lawsuit, is there? That's just why we deem OIN not part of the overall solution, just a sort of duct tape. The OIN does not lobby for patent reform that involves elimination of software patents. The OIN was founded and first run by proponents of software patents (it was initially managed by a man from IBM, perhaps the leading or biggest proponent of software patents).

"It is somewhat understandable that Google fears destruction by patents given all the patent attacks against Android, multimedia codes that are FOSS (VP8/9), etc."Meanwhile we have noticed (last night) that Google goes deeper into the patents mess. "Google is a large company that has plenty of technology and many innovations," says the report, "and in turn they hold plenty of patents on those technologies, but they still fell behind other big name tech companies last year for the biggest earners of U.S. patents. According to Fortune though, Google did rise up the list to reach being the company with the 8th largest amount of U.S. patents being awarded to them last year, gaining around 38% more patents in 2014 than they had the previous year which totaled a number of 2,566 U.S patents in all. With such a large portfolio it must seem like a daunting task to keep up on all the information related to patents in Google’s portfolio, and that may be true, but Google’s legal team has more than a few tools at their disposal to get the job done and one of those is an analytics software called PatentIQ."

It is somewhat understandable that Google fears destruction by patents given all the patent attacks against Android, multimedia codes that are FOSS (VP8/9), etc. Companies like Microsoft, Apple, Oracle and numerous smaller trolls that they are feeding (Rockstar Consortium and MPEG-LA, to name just a couple, let alone Intellectual Ventures, CPTN, MOSAID/Conversant, and Acacia) are usually behind it.

"Kudelski Group and Google Enter Into Patent Cross License Agreement," said this headline very recently, adding not many details except this: "The Kudelski Group, a leading independent provider of media protection and value-added service technology, and Google, today announced they have entered into a multi-year patent cross licensing agreement."

There is clearly a systematic issue here and unless we manage to get rid of software patents in the US, this issue won't just go away.

Simon Phipps wrote another related article recently. Titled "Facebook gives in on patent grant", the article explains how occasional patent bully Facebook tries to appease its critics:

Late Friday, Facebook announced it's finally giving in to pressure from the open source community and fixed its open source patent grant. While most people felt the intent was good and welcomed the original version of the grant, it was worded in such a way as to give Facebook a significant legal advantage in any open source community where it was the initiator.

While current versions of modern open source licenses, such as the Apache License, the Mozilla Public License, and the General Public License, all include coverage to patent rights associated with the copyrights the licenses cover, older licenses like BSD and MIT include no explicit patent grants. Facebook was following common practice by giving a full license to any patents necessarily infringed by users of code in Facebook projects that incorporated the grant under those licenses.


For the Free/Open Source software world the patent situation has become very tricky, so in the coming few posts, spread across the coming few days, we are going to explain where we're at when it comes to patent law. It's not looking too good because large corporations diverted the entire public debate to "patent trolls". The corporate media helps them do this.

Recent Techrights' Posts

Windows in Åland Islands: From 100% to Less Than Half
Åland Islands lost the sense of urgency to move to GNU/Linux
Not Just Slow News But Also Late News (Julian Assange Landing in Thailand)
Why did AP take so long (nearly a week) to release these?
[Meme] Smart Alec Poettering
How many Microsofters can the Debian Project withstand?
Getting Rid of Microsoft Does Not Go Far Enough
Microsoft already has many problems. One day Microsoft won't exist anymore. But that does not guarantee users' freedom.
Alyssa Rosenzweig's LibrePlanet Talk About Freeing the Apple GPU
Alyssa Rosenzweig is the graphics witch behind the reverse-engineered drivers for the Apple GPU. She previously led Panfrost, the free drivers for Arm Mali GPUs powering devices like the Pinebook Pro. She graduated in 2023 with a Computer Science degree from the University of Toronto and now writes free software full-time.
Links 30/06/2024: LLMs Under Fire and Dictatorship of the Old
Links for the day
[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
 
Wikipedia Co-Founder (Not Wales) Expresses Support for Wikileaks Founder Julian Assange, Says Assange Will Probably Continue
probably exactly the sort of thing that the US prosecutors did not want
Marco Calegaro on Hacking Art Into a Community
talk by Marco Calegaro
Links 01/07/2024: Chokecherry Leaf and Agile Manifesto
Links for the day
Johannes Åsgård on Making the Raspberry Pi More Free With librerpi
Johannes (also known as dolphinana)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 30, 2024
IRC logs for Sunday, June 30, 2024
200 This Week
Monday started with 40 articles/pages and this is #200
Press Complicity and Public Apathy All Along Enabled 14 Years of Illegal, Arbitrary Detention and Coercion Into Plea Bargain of Julian Assange on Brink of Death
They basically blackmailed him into letting the US 'win' the argument
At the End Journalism a Crime (If It Involves Accessing or Gaining Access to Documents Marked "Confidential" or "Classified" by Those Looking to Hide Their Misconduct/Crimes)
At least in the US, especially where the imperialism is at stake
Links 30/06/2024: Tensions in Korea and Japan, Criminalisation of Sleeping Outdoors
Links for the day
100% Slop/Spam From linuxsecurity.com
This is the kind of stuff that's killing the Web faster
Gemini Links 30/06/2024: Murdoch and Ideal OS
Links for the day
In the First 6 Months of 2024 Thailand Moved to GNU/Linux, Not to Windows Vista 11
maybe users moved from Vista 10 and 11 to GNU/Linux, seeing where Microsoft was heading with forced hardware "upgrades"
Eko K. A. Owen, New Outreach and Communications Coordinator for the FSF
Nice to see many new additions to the FSF's team
Microsoft Has Slaves and Enablers, Not Partners
Obligatory meme too
Tobias Platen Covered Freedom-To-Play Games in LibrePlanet 2024
Freedom-To-Play games using Taler
[Meme] Opening a 'Webapp' With 'Only' 4 GB of RAM
Until 2020 none of my PCs ever had more than 2 GB of RAM
Destination 'Five Percent'
We reckon GNU/Linux can break the 5% barrier some time by the end of this year, even without counting Chromebooks
A Crisis of Online Journalism
Almost a week ago a journalist was forced to plead guilty for an act of journalism
Germany One of Many Countries Where Microsoft's Bing Lost Market Share After All That LLM Nonsense (Bing Chat and Further Rebrands/Renames)
openai.com traffic plunged 60% last month
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024