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

Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
Government Sites That Use Centralised CAs Are Still Remotely Controlled by MElon and GAFAM at the Oval Office
Even governments outside the US
Eternal Vigilance
I too received more death threats than I can recall over the years
Asking Journalists to Pay for Merely Reporting Violent Abuse Against Women (and Telling Them to Kill Themselves)
As regular readers are likely aware by now, for material we published years ago some likely broke man without a proper job (except in a company made up or invented by him) wants money
Judgment translated to English in FINMA & Debian trademark fiasco
Reprinted with permission from Daniel Pocock
The Brigading (in Social Control Media) Did Not Silence the Creator of GNU/Linux
there are no impending talks at the moment
 
Links 25/02/2025: US Backs BRICS at UN, Ukraine's Defence Enters 4th Year
Links for the day
Gemini Links 25/02/2025: Marginalia and LOWWIRE
Links for the day
New Richard Stallman Interview Published by Free University of Bozen-Bolzano a Day After His Talk There
We're not seeing any difficult or controversial questions
The Musk Slipped, Countries Need Digital Independence
What's happening in Germany this month might result in quicker adoption of Free software
Spanish Version of the Free Software Foundation's Book "Introduction to the Command Line"
The "GNU Press Shop [is] temporarily closed"
Dr. Andy Farnell Publishes Second Part of Series About Freedom Fighters (It Started With Richard Stallman)
A few minutes ago Dr. Farnell published the second part
Things That Were Presumed Public Enemy #1 (or Foremost Threat)
The world's most powerful military is now governed by clowns who don't know what the heck they're doing
Microsoft is Admitting That It Has No Viable Business Model, Starting to Experiment
Microsoft's proprietary spyware with ads cannot really compete with Calligra and LibreOffice
Bluewashing: IBM Replaces Red Hat With IBM (Bobby Leibrock) at the Top
Based on his education, Bobby is just some suit; he thinks of money, not tech
Links 25/02/2025: Mass Layoffs at Starbucks, Kaspersky Banned on Australian Government Systems
Links for the day
Links 25/02/2025: Strawberry Lemonade, Introducing Fiss, and YouTube Acting Aggressive
Links for the day
UK: Twitter Falls to Lowest Traffic Levels in 5 Years (Start of Lockdowns), Down From More Than 37% to Only 6.5%
Months ago Twitter (aka "X") was blasted by the British government for inciting right-wing violence
Confirmed: IBM Layoffs Will Strike Consulting Quite Hard
the flagging of staff is a way to signal to them it's time to go or get the boot
Sami Tikkanen Explains What Happened to Computer Science Education in Finland and Elsewhere
The 'broligarchs', a collective which typically created anything of their own, do not want the general population to possess skills that let it be anything other than passive consumers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 24, 2025
IRC logs for Monday, February 24, 2025
Truth is Not About Appeasing the Feelings of Men Who Hurt Women
True information is just what it is
Links 24/02/2025: Compromised Laptops and EU Shift to the Right (Boosted by Social Control Media Interventions)
Links for the day
Gemini Links 24/02/2025: Politics, Monarchy, and AuraRepo Prism VCS Suppor
Links for the day
Links 24/02/2025: Germany Looks to Distance Itself From US, Environment at Risk, Mass Layoffs at Zendesk
Links for the day
[Meme] It's Over, Microsoft
an obligatory meme
Even Worse Than LLM Slop and Linkspam From UNIXMen
UNIXMen is basically a defunct spamfarm at this point (the author is "sarwarSEO")
Proprietary Software is Bad for Your Health, Not Just Your Finances, Privacy and So On
It would be interesting to see some charts, based on some long-term study, comparing the general health (blood pressure, BMI etc.) of people who use proprietary stuff and people who do not
Gemini Links 24/02/2025: Osiris 0.1.0 Release (File Sharing in Gemini Protocol), NetBSD 10.1 on the Pi
Links for the day
Microsoft Admits Business Perils as Windows Continues to Fall
‘Microsoft missed the biggest business model…’
Technical Specifications at Times of Tyrannies
Specifications (specs) must evolve with the times
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 23, 2025
IRC logs for Sunday, February 23, 2025
In Case Rust Censors It (Rust Has Long Been All About Censorship), Here's a Critical Look at Rust's Goals
In the case of Rust, instead of "the liberation of the digital society" we have empowerment of Microsoft GitHub and of GAFAM in general. Guess who funds this...
Gemini Links 23/02/2025: Respectful Platforms Manifesto and Internet Archive
Links for the day
The Significance of the Timing of the Ridiculous Letters From Brett Wilson LLP, Acting on Behalf of People From Microsoft
A preliminary look at the timeline and what it tells us
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)?
The So-called 'IT' Industry Became Somewhat of a Fraud Where People Equate Usage and Power Wasted With "Value" or "Success"
When did 'IT' become a weapon rather than technology/science?
Things to Like About London
Many important or "powerful" people leave near there
Links 23/02/2025: Democracy Backsliding and German Election
Links for the day
Joining APRIL(.org), AGM weekend, Paris, 15-16 March 2025
Reprinted with permission from Daniel Pocock
Links 23/02/2025: Zuckerberg Despised, US Government Does Not Obey Judges, France Grapples With Terrorism
Links for the day
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