Bonum Certa Men Certa

The Software Patents Situation and How It Affects Free Software

Free Open Source Software



In this latest summary of reports, we concentrate mainly on the effect of the current patent terrain on FOSS. One of the bigger developments last week was Mozilla's decision to add native Ogg Vorbis and Theora support to the build of Firefox 3.1, which is still buggy at this early alpha stage. Watch what they heroically said on the issue of patents.

[T]here is a risk to bundling even an open source codec like Theora because of the possibility of submarine patents -patents nobody knows about until a product that unknowingly infringes it, succeeds, becoming a target for the patent owner who will seek monetary compensation and a good licensing agreement. This is why the HTML 5 spec doesn’t recommend any encoder so vendors don’t have to choose between taking this kind of risk or not complying with the standard.

During today’s announcement at the Products and Technology Roadmap Mozilla Summit session, Mitchell Baker commented that Mozilla would be a bad target as it is a project with a product a lot of people cares about.

Mike Shaver, interim Mozilla’s VP of Engineering, also commented “Somebody had to do it. It’s good it was us”.


Prior to this, Opera was probably the main pusher towards it. In the case of Firefox, there's good reach (penetration) into many PCs, so it's truly a turning point. Other Web browsers might follow suit.

GNU/Linux



Proprietary media codecs are one ugly beast because each company tries to spread its own codecs to gain control. Standards that are patents-free are insufficient in this area, and regardless, with the attempt to pass files through the Web or among peers, there's a need to get quite a pile of non-free codecs. There are ways of addressing this problem. Digital Majority diverts attention to the explanation from Medibuntu:

Medibuntu is a packaging project dedicated to distributing software that cannot be included in Ubuntu for various reasons, related to geographical variations in legislation regarding intellectual property, security and other issues:

* patentability of software, algorithms, formats and other abstract creation * legal restrictions on freedom of speech or communication * restrictions on the use of certain types of technical solution, such as cryptography * legal restrictions on imports of software technology, requiring for example specific permissions * etc.


The sad reality is that codecs are one of the main issues and barriers to FOSS (this goes back to an older discussion). In order to limit their damage, software patents must be abolished and not spread to more countries.

Patent Trolls



Those with nothing to lose and those who haven't assets to defend are some of the more dangerous creatures out there. Ray Niro was mentioned here before [1, 2, 3, 4, 5, 6, 7, 8, 9] and he wants the world to know, just like Nathan Myhrvold, that he wishes to abuse the industry peacefully, without being denounced or criticised.

Ray Niro doesn't like the term "patent troll," and has taken umbrage when that pejorative is used against his clients. It's not unusual for patent enforcers to ask judges to ban that term from court (as Rambus did recently.) Indeed, it's increasingly common for courts to police the use of "hot button" words generally.

Now we learn Niro doesn't care for the term "shell entities" either; court documents filed last month lay out his novel attempt to re-align the patent patois.


If policing "JPEG on a Website" [1, 2] seems acceptable, why not wish lists?

Europe's Back Door



The 'wish list' plague has already reached Europe, demonstrating the fact that software patents can be described in a way that makes them patentable in Europe. It's a loophole which 'artistic' patent solicitors can get away with it. [via Digital Majority]

During the impassioned debate over a proposed European directive on software patents, opponents of software patents mounted a graphic demonstration of the problem, entitled the Patented European Webshop. The website showed that despite official proscription of patents on "computer programs as such" in Europe, patents were nonetheless granted for common website functions. This propaganda coup elicited anxiety among small businesses and played an important in defeating the directive, which would have legitimized those patents.


These poor software patents need to be destroyed before they are put up for auction and then abused by the likes of Sheldon Goldberg. It seems like another patent troll.

In the late 1990s, few would have predicted the internet would become the giant artery we use today for our commerce, entertainment and daily activities. However, back in the late 1990s, there were patents floating around for many of the tools we use on the internet…and someone bought them.

Over the last 10 months the patent buyer, Sheldon Goldberg, has filed suit against some of the largest websites out there: Careerbuilder, Blockdot, CNet, Jabez Networks, The Washington Post, The Weather Channel, The New York Times and Rochester-based eBaum’s World. Goldberg himself is based on the west coast and is known for buying patents on a variety of inventions.


Microsoft



We now know that Microsoft uses its patents offensively and it's not reluctant to get aggressive.

Some months ago, Mark Shuttleworth told us that he was not worried about Microsoft going litigious. He was more worried about patent trolls. What Pamela Jones said in response to this was: "What Shuttleworth may not understand is that a patent troll can be a proxy for someone else who does have something to lose."

Microsoft may already be using some patent trolls against GNU/Linux [1, 2, 3, 4, 5, 6, 7, 8, 9, 10], but nobody knows for sure because there is no solid evidence. At the same time, based on the news, Microsoft is likely to continue to suffer from them.

Tucson-based Research Corporation Technologies said today it has won a reversal of a federal court decision that denied the local company's charges of patent infringement against computer giant Microsoft Corp.

In what RCT called a "stunning decision" Friday, the U.S. Circuit Court of Appeals reversed a decision of the U.S. District Court for the District of Arizona which had held that six patents held by RCT for digital imaging technology were unenforceable due to inequitable conduct.


Even if the patent trolls had vanished overnight, this would not prevent Microsoft from funding the likes of SCO.

Comments

Recent Techrights' Posts

Brett Wilson LLP "Takes it Personal" (Character Assassination, Not Professionalism). Everybody Can See That.
On behalf of violent men
Pissing Contests and Pissing Off Everyone
people who came from Microsoft are trying to vex and divide the community
Microsoft Repeats the Mistakes Made by the EPO After We Exposed a Major Microsoft/EPO Scandal 10 Years Ago
That scandal was all over the media, not just in English
Turns Out LLMs for Code Don't Save Time and Don't Improve Quality
Neither legal nor useful
 
Adoption of Gemini Protocol Still Growing
Gemini Protocol is being obscured by the media - it doesn't help that Google 'hijacked' the word "Gemini" - but people still manage to find out about it, download a client, and use it
Links 14/07/2025: Arresting Photographers, Threats to Revoke US Citizenship Over Criticism
Links for the day
More EPO Leaks on the Way
We hope that Mr. Rowan will actually try to refute what we say and show, not merely point the finger at the messengers
Decommodification is a Corporate Strategy Against Communities
systemd is led by Microsoft and hosted by Microsoft
People Who Assault Women Are Not Victims of "Distress"
It seems like an American tradition. In a country with almost 50 presidents, not even one was a female.
copyleft.org 'Hijacked' by the People Who Attack the Person Who Created Copyleft
So far there's nothing "tasteless" in copyleft.org, but that can change at any time in the future
Asking People to Take Down Articles and Videos Only Makes These More Popular and "Viral"
If you do something bad, one of the worst things you can possibly do it try to silence those who speak about it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 13, 2025
IRC logs for Sunday, July 13, 2025
Two-Thirds Towards FSF Goal, Richard Stallman to Give Talks in Europe
There are 67 left before reaching the target
Gemini Links 14/07/2025: Politicised Tech and "Leaving GitHub"
Links for the day
The Demise of LLMs
We've just checked BetaNews again. They've dropped all the slop and went back to human authors.
Gemini Links 13/07/2025: Sonpo Museum of Art and FCEUX
Links for the day
Links 13/07/2025: UnitedHealth's Censorship Campaign, Australia Wary of China
Links for the day
Firing Away With Nonsense
Or fighting fire with fire
Links 13/07/2025: Climate Crisis, GAFAM Poisoning the Water
Links for the day
The Microsofters Will Have an Obligation to Compensate Us
This story isn't just about Microsoft. It's also about corruption, there are many women victims, there is abject "abuse of process", and many more scandals to be illuminated in years to come.
Reproducing at the EPO Instead of Producing Monopolies for Foreign Monopolies With Their Price-Fixing Cartels
Does the EPO recognise the need of well-educated Europeans to bear kids?
Valnet Inc. Dominates Real (Not LLM Slop) GNU/Linux Coverage in 2025
And likely in prior years, too
Free Software Foundation (FSF) Fund Raiser Goes on
Later this month we'll expose another OSI scandal
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025
Plunder at the Second-Largest Institution in Europe
cuts, neglect, health problems, even early deaths
Links 12/07/2025: Political Developments, Attack on Opposition, Climate Actions
Links for the day
Gemini Links 12/07/2025: Melodic Musings and Small Web July
Links for the day
Links 12/07/2025: Jail in China for Homoerotica, South Korea Discriminates Against Old Workers
Links for the day
If Only Everything Was Rewritten in Rust, We'd Have No More Security Issues?
Nope.
Links 12/07/2025: Birdwatching and Fake/Misleading Wall Street 'Valuation' Figures
Links for the day
Gemini Links 12/07/2025: How to Avoid Writing, Apps for Android
Links for the day
Using SLAPPs to Cover Up Sexual Abuse and Strangulation
The exact same legal team of the Serial Strangler from Microsoft and Garrett already has a history fighting against "metoo"
EPO Staff Committee on Harassment in the Workplace
slides
Adding the Voice of Writers to UK SLAPP Reform
The journey to repair antiquated (monarchy era) laws will likely be long
EPO Takes More Money From Staff for Speculation (Pensions), Actuarial Study Explains the Impact
"The key change in this year’s Actuarial Study, due to cascading the new “risk appetite” from the financial study, is a significant increase of the total pension contribution rate of 5.7 percentage points, up to a total of 37.8%. This is driven by an unprecedented decrease in the discount rate of 105 bps down to 2.2%."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 11, 2025
IRC logs for Friday, July 11, 2025