Bonum Certa Men Certa

Software Patents and FOSS Revisited

ERROR #000000F6: incompatible with freedom

Michael TiemannThe cost of Free software may still depend on the ability to keep software patents away. But companies such as Sun Microsystems cannot resist talking about software patents, having been granted quite a few of them. It's a case of obligation to their investors. or so they would openly argue and have you believe.

We recently mentioned Simon Phipps' powwow with Michael Tiemann about software patents and Open Source. Don Marti summarises:

Simon Phipps proposes a hard problem: expanding the definition of 'open source' to include patents.

The easy part is dealing with any patents that are actually licensable by the person or company who is licensing the code. To get to a new "definition" you could say that copyright licenses that don't also grant a patent license must be accompanied by a patent license grant.


The correspondence there mentioned the term "patents" very loosely. A couple of days ago we were reminded by a reader that it is crucial to make the clear distinction between patents and software patents. To quote:




"...could you correct the reference to 'patents' to say instead 'software patents' in the cases where it fits?

That is of utmost importance and I wish we could get Slashdot to tag its articles accordingly as well.

People have been trained for decades to get the warm and fuzzies for 'patents' which are touted as the ultimate metric for productivity in the private sector. Going against 'patents' has that barrier to overcome.

However, as we all know everything, even the rules of economy and physics, are completely different ;) for software.

So headway can be made iff (if and only if) the debate is properly framed. That requires that new concepts be given new names."




To get an idea of how software patents are treated around the world, consider this new comprehensive text. To get an idea of the harms, just watch the news. On the face of it, a new AJAX patent threat is looming and it could affect the entire Web, regardless of whether you're a programmer of not. We gave recent examples of this, showing that everyone would suffer from software patents and be sensitive to lawsuits.

In supporting documentation it is claimed that pretty much the whole of the web uses this method to operate AJAX-based applications. Google, Yahoo, Microsoft, Apple and eBay are identified as among those whose products "potentially" infringe on the patent.


The software patent problem is further complicated by scale, as demonstrated in this short article from CNET.

Under the law, the public is deemed to have constructive notice that something is patented if that something has a patent number on it. The idea behind the law apparently is that if one sees a patent number, one has the ability to look that patent up, read it, and maybe even understand what it says. For the corrugated sleeve, it was simple enough for me--albeit a little geeky--to take a look at the '473 patent and understand how the sleeve works to make the heat from my latte more bearable.

But many times, the patents behind products marked with patent numbers are not as easily understandable. For example, the notice on Adobe Reader v. 8.1.2 lists over 60 different patents. I'm pretty sure that most of those patents are far more complex than the '473 patent. But, assuming the numbers are properly listed, the law says that I and the rest of the public are on notice of whatever it is those patents cover.


Breadth and scale aside, trolling is probably the most severe problem. Remember the patent troll Acacia [1, 2, 3, 4, 5, 6, 7, 8, 9]? It's keeping very busy, having just made some more money yesterday (probably after threats of litigation).

Diagnostic Systems Corp., a subsidiary of Acacia Research Corp. (NASDAQ: ACTG), has entered into a license agreement with SAS Institute Inc. covering a portfolio of patents that apply to rule-based monitoring.

The subsidiary has also entered into a license agreement with BMC Software Inc. (NYSE: BMC), covering a portfolio of patents that apply to rule-based monitoring. This resolves a dispute that was pending in the District Court for the Central District of California.


GNOME WMVThe patent number is not listed, but go ahead and figure what "rule-based monitoring" actually means. Watch what Bill Gates said before Microsoft became a monopolist (and claimed that Linux, its #1 threat, infringes on its software patents):

“If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today... some large company will patent some obvious thing... take as much of our profits as they want.”

--Bill Gates

Recent Techrights' Posts

Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
10 Out of 10: RMS Attracts Massive Audience in Göteborg, Sweden (All Seats Occupied, Some People Standing)
a 55-second clip of his talk
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
Slopwatch: Plagiarism and "Linux" Articles by Bots
Sites that do this won't survive; many of them rely on slop services (suppliers) that will cease to exist after the bubble bursts
 
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025
Geminispace is Very Large
The word continues to spread and the number of participants grows
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Another Wave of Microsoft Layoffs, This Time During National Day Holiday
This time it's China again
Staying Happy in Times of Crackdowns on Civil Society
Optimism in this sort of "new reality" or "new normal" seems like something for the irrational person
"Nobel" Exploited Posthumously for "AI" Hype, Now They Do the Same With "Quantum"
ere have been many jokes about "Nobel" for peace (often granted to pro-war people) and a fake one for "Economics" (establishment propaganda)
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
Links 10/10/2025: Putin Admits Russia Downed Azerbaijan Airlines Jet, More New Heat Records
Links for the day
Noteworthy Claim That IBM is Firing a Lot of Lawyers This Week (RAs in the Legal Department)
A lot of what they do is patent 'trolling' or lawyering up against their own staff (e.g. HR disputes)
Links 10/10/2025: US Judge Bars Attacks by ICE On Journalists and Protesters; “We Took The Freedom of Speech Away” Says the President
Links for the day
Slopwatch: Serial Sloppers, Google News Gifting Slopfarms, and Fake News/Plagiarism About "Linux"
Google itself is a slop pusher these days
Qualcomm, the New Owner of Arduino, Blasted for Its Software Patents Tax on 'Smartphones'
A lot of Qualcomm's patents are on software. We wrote about this in prior years.
XBox Layoffs Rumours, Downtime, and Criticism From XBox Co-Founder
"everyone is ditching the xbox."
Links 10/10/2025: Honoring The Legacy Of Robert Murray-Smith, Many Articles on the Hey Hi (AI) Bubble
Links for the day
Gemini Links 09/10/2025: October Gothic and Reading Middle Earth Role Playing; C and Ada
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 09, 2025
IRC logs for Thursday, October 09, 2025
Links 09/10/2025: Farewell to Jane Goodall, California Bans Algorithmic Price-Fixing
Links for the day
Gemini Links 09/10/2025: Lost Wages and a Saga Of Continuing To Use Palm PDAs
Links for the day
Richard Stallman's Talk in Helsinki is Done. Tomorrow Göteborg.
There are scarce details in Finnish about Dr. Stallman's talk
New XBox Leaks Probably Serve to Confirm XBox's Collapse (Many More Layoffs)
It's very much consistent with what many other sites have reported lately
The Slop Song
The train wreck marches on
LLM Slop/Advanced Plagiarism Flooding the Zone With Capital That Does Not Exist
Many publishers out there still participate in this bubble instead of calling it what it is
Links 09/10/2025: Sacked Microsoft Workers Make "Sackbird", IBM Taps CockroachDB for PostgreSQL
Links for the day
"Happy Hacking Day" Richard Stallman Talk This Afternoon (From 14:00 to 16:00) at Haaga-Helia University in Pasila
Richard Stallman in Helsinki, Finland
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 08, 2025
IRC logs for Wednesday, October 08, 2025
Links 09/10/2025: Impact of Microsoft Layoffs, More Data Breaches
Links for the day
Gemini Links 09/10/2025: Autumn Blues and C IRC Bot
Links for the day