Bonum Certa Men Certa

The Free Software Foundation (FSF) Belatedly Comes Out in Defence of 35 U.S.C. ۤ 101/Alice

It did so before, but it was a long time ago

Freedom



Summary: It's reassuring to see that the home of GNU and of Free software (free in as freedom, libre) has decided to weigh in again on patent policy -- something it has not done for a very long time

THE Free Software Foundation (FSF) is very important to us. We agree with it almost all the time, but for a number of years it has barely said anything about 35 U.S.C. ۤ 101; in fact, it hardly even bothered getting involved in the patent battles. It never commented on Campinos/Battistelli scandals or even Andrei Iancu, whose name it never uttered.



In the US there has been this push (since 2017) to eliminate or water down 35 U.S.C. ۤ 101/Alice (SCOTUS). Watchtroll, which is connected to this push (and the person who leads this push), keeps leveraging the European Patent Office (EPO) and has repeatedly done so lately to promote software patents in Europe and in the US. "Mistakes to Avoid When Filing Computer-Implemented Invention Patents at the EPO" was published yesterday and we often feel rather alone if not lonely in challenging this toxic agenda, which isn't only illegal but serves to inspire U.S. Patent and Trademark Office (USPTO) policy.

"We certainly hope that this is the first of several similar waves from the FSF; in recent years it was mostly the EFF and very rarely the FSF tackling the problem."Some hours ago the FSF belatedly wrote against the STRONGER Patents Act, which is a misnomer. To quote:

The Free Software Foundation (FSF) has long been opposed to the ways in which US and international patent law have been misused to allow for so-called "software patents." As these patents are not held over a particular piece of software, but rather any principle that can be used in its design, it is more accurate to describe them as software idea patents. Software idea patents are a grave threat to free software developers because they severely limit the scope of what they can or cannot implement, and also expose them to legal harassment from any group that has enough resources to enforce their unjust claim over a programming idea. Litigation on a software idea patent can spell financial ruin for developers and an abrupt end to any free software project. An upcoming bill in Congress would leave the free software community much more open to these kinds of attacks.

Despite its failure to pass in 2017, a bill with the appropriately Orwellian title of "Support Technology and Research of Our Nation's Growth and Economic Resilience" (STRONGER) Patents Act was reintroduced into Congress on July 10th, 2019. If passed, the Act would make software idea patents much more easily claimed and enforceable against developers in the free software community. Whatever its effects on other types of patents may be, the fact that it will prop up software idea patents is reason enough to reject it. As we have seen before, it is an attempt to patch a broken system. The proposed bill never bothers to question the validity of these patents as a category. To protect our community, it is our duty to inform Congress and legislators that the only remedy for the problem posed by software idea patents is to dismantle them entirely.


We certainly hope that this is the first of several similar waves from the FSF; in recent years it was mostly the EFF and very rarely the FSF tackling the problem. This is the kind of thing that motivated some of our readers to say that the FSF is asleep at the wheel. This, we believe, is one of the very biggest threats to Software Freedom.

Recent Techrights' Posts

The Free Software Foundation is Looking to Raise Nearly Half a Million Dollars by Year's End
And it really needs the money, unlike the EFF which sits on a humongous pile of oligarchs' and GAFAM cash
 
Links 19/11/2024: War on Cables?
Links for the day
Gemini Links 19/11/2024: Private Journals Online and Spirituality
Links for the day
Drew's Development Mailing Lists and Patches to 'Refine' His Attack Pieces Against the FSF's Founder
Way to bury oneself in one's own grave...
What IBMers Say About IBM Causing IBMers to Resign (by Making Life Hard/Impossible) and Why Red Hat Was a Waste of Money to Buy
partnering with GAFAM
In Some Countries, Desktop/Laptop Usage Has Fallen to the Point Where Microsoft and Windows (and Intel) Barely Matter Anymore
Microsoft is the next Intel basically
[Meme] The Web Wasn't Always Proprietary Computer Programs Disguised as 'Web Pages'
The Web is getting worse each year
Re-de-centralisation Should Be Our Goal
Put the users in charge, not governments and corporations in charge of users
Gemini Links 19/11/2024: Rain Music, ClockworkPi DevTerm, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 18, 2024
IRC logs for Monday, November 18, 2024
Links 18/11/2024: Science News and War Escalations in Ukraine
Links for the day
Gemini Links 18/11/2024: Degrowth and OpenBSD Fatigue
Links for the day
Technology: rights or responsibilities? - Part VII
By Dr. Andy Farnell
BetaNews is Still 'Shitposting' About Trump and Porn (Two Analysers Say This 'Shitposting' Comes From LLMs)
Probably some SEO garbage, prompted with words like "porn" and "trump" to stitch together other people's words
Market Share of Vista 11 Said to be Going Down in Europe
one plausible explanation is that gs.statcounter.com is actually misreporting the share of Vista 11, claiming that it's higher than it really is
Fourth Estate or Missing Fourth Pillar
"The term Fourth Estate or fourth power refers to the press and news media in explicit capacity of reporting the News" -Wikipedia on Fourth Estate
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 17, 2024
IRC logs for Sunday, November 17, 2024
LLMs Are Not a Form of Intelligence (They Never Will Be)
Butterflies are smarter than "chatGPT"
Business Software Alliance (BSA), Microsoft, and AstroTurfing Online (Also in the Trump Administration Groomed by BSA and Microsoft)
Has Washington become openWashington? Where the emphasis is openwashing rather than Open(Source)Washington?
Windows at 1%
Quit throwing taxpayers' money at Microsoft, especially when it fails to fulfil basic needs and instead facilitates espionage by foreign and very hostile nations
Links 17/11/2024: Pakistan Broke, Tyson 'Crashes' or Knocks Over Netflix
Links for the day
Gemini Links 17/11/2024: Nachtigall Planned, Exodus at Twitter
Links for the day
Links 17/11/2024: China's Diplomacy and Gazprom Setback
Links for the day
Sudan Has Reached a State of Android Domination (93% Market Share, All-Time High According to statCounter)
countries at war buy fewer laptops?
[Meme] Just Do It?
'FSF' Europe (Microsoft) and FSF
Microsoft Front Groups Against the FSF, Home of GPL, GNU, and Free Software
Much of the money (not all of it) comes from the criminals at Redmond
Centralisation is Dooming the Web, RSS is One Workaround (But Not "Planets")
At least Gemini Protocol rejects centralisation
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 16, 2024
IRC logs for Saturday, November 16, 2024
Links 17/11/2024: Wars, Bailouts, and Censorship
Links for the day
Gemini Links 17/11/2024: Changing Interests and HamsterCMS
Links for the day