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

Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
 
Links 23/02/2025: Apple Back Doors, Ukraine Updates, and Gemini Leftovers
Links for the day
Recent Improvements in Techrights
minimalism works fine when the main goal is to relay information
Slopwatch: Brian Fagioli, Brittany Day (linuxsecurity.com), and Microsoft Misinformation, False Marketing
Serial Sloppers
Censored: Debian Zizian transgender vigilante comparisons in open source Linux communities
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 22, 2025
IRC logs for Saturday, February 22, 2025
Links 22/02/2025: OpenAI Plans to Possibly Abandon Microsoft, Facebook Doubles Execs' Bonuses While Sacking Thousands
Links for the day
Gemini Links 22/02/2025: Weekend Chill and Programming Thoughts
Links for the day
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.
Links 21/02/2025: Linux Foundation Openwashing, Microsoft Copilot Goes Down
Links for the day
Links 21/02/2025: Doomscrolling and European Ham Radio Show
Links for the day
Free University of Bozen-Bolzano Proud to Host Free Software Talk by Richard Stallman
ahead of Monday's talk
Slopwatch: Anti-Linux Machine-Generated FUD (LLM Slop) From GBHackers, CybersecurityNews, and Guardian Digital, Inc (Google News Promotes Slop Plagiarism, Misinformation)
Companies that lie try to drown out the signal with falsehoods
Links 21/02/2025: TikTok Layoffs, WebOS Software Patents in Bad Hands
Links for the day
Gemini Links 21/02/2025: Web Browsers, Mechanical Shortcuts, and Internet Hygiene
Links for the day
Richard Stallman 'Only' Founded the FSF
there's no reason to be upset at the FSF for keeping their founder in the Board
Techrights Disconnected From the United States Two Years Ago
Did people really need to wait for the US government to become this hostile towards the media before recognising the threat?
Before Trying Censorship by Extortion the Serial Strangler From Microsoft Literally Begged Us to Delete Pages
This is very clearly just a broad campaign of intimidation
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025