Bonum Certa Men Certa

Reader's Proposal for Combating Free Software-hostile Patents

Slashdot seems to have broken the news about CueCat being patented. For those who are not familiar with it, here is the Wikipedia article, which tells an unfortunate story. There is also this bit of analysis that compares patent trolling to car rentals.



I was at an event this morning where the subject of so-called "patent trolls" came up (see also an earlier posting). Trolls are creatures who live under bridges and demand payment from travelers who wish to cross the bridge. Patent trolls are companies and/or individuals who buy patents for the purpose of making money off of infringement claims (rather than for the purpose of marketing/developing the invention). As such, trolls are a subcategory of (and take the organizational form of) the patent holding company. A good example of a patent holding company is Royalty Pharma, which makes its money off of the royalty stream. However, defining a troll, and differentiating it from a holding company, is sometimes tricky.


This brings us to the main subject of this post, which is an idea that our reader Jose has had for defending Free software from patents in general, not just patent trolls (which would be hard). Here it goes.




What about a license/terms of use/etc where people work on a project or simply contribute to a project (and keep copyrights) under the following condition:



Basically, I want to try and harvest patent law (the monopolies it provides) for our benefit, perhaps along the lines of something like the GPL.

If we can't beat patent law, at least leverage it for good cause. The issue is that patents aren't granted automatically as are copyrights. You have to write them up. If we add *lubrication* as suggested above, we can have legal and patent-minded individuals contribute to the community while those that simply want to code things up and not deal with patents, also go forward.

[Note, US laws gives you one year from time of publishing implementation or whatever... to submit the patent.]

“If we can't beat patent law, at least leverage it for good cause.”As things are, if we make an "invention" (and don't patent it), we open it up to the world to use (like BSD), but if Microsoft creates one (and patents it), we can't use theirs. In both cases, a person stood on shoulders of giants, but only one of these "inventors" allowed others to stand even higher... and it was the nice inventors (FOSS) that ended up with the short end of the stick! That is bad way to reward innovation -- a fundamental screw-up of patent law.

Of course, I am all against patents. They go too far (assuming copyrights are just fine themselves), but if we can find a practical way to leverage those PUKE laws, we increase the chances of patents not becoming an obstacle to FOSS.

As an example result, mono could "prove" themselves (or not) based on the patents they draw up. Similarly, patent-controversial projects can pay for themselves (redeem themselves) through patents. The coders don't even have to be the ones drawing them up.

[Note, for the purposes of this mono example, I'll pretend the patent issue is the only issue.]

troll dollOf course, this all stinks -- patents do -- but might this approach just described have some legs?

The GPLv3 already helps.

The GPL is a compromise. I'd actually like something stronger -- like FOSS platforms required in order to use GPL apps.

I am conscience that if the GPLv3 was held back from having more teeth, that maybe what I am suggesting above will also not garner enough support. In fact, maybe what I am suggesting would be but a clause to the GPL.

And to attack patent trolls, say that if you enforce a patent against project X (maybe X needs to be of wide scope... like "any FOSS project"), then that person loses protection from that patent... so if they use any software that could violate one of these FOSSy patents, then they are in trouble (that might be a weakness of trolls today as well except that we FOSS crowd don't have many patents). In short, something like the OIN protections would be implicit in this sort of FOSS contribution contract but perhaps apply automatically to all FOSS (and not just to Linux).

In short, we can work to accelerate MAD.. we can also make sure we own a bigger stake, to decrease chances of a change in patent laws leaving us behind.

Maybe we don't need anything beyond what IBM and others contribute. Maybe patents won't be a real problem for FOSS/business in practice.

Thoughts?

Comments

Recent Techrights' Posts

Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
 
The FSF Board and FSF Beard
So the FSF's Board has grown
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day
The Calling
Persist and persevere, justice will come your way
So Far Every BetaNews 'Article' is LLM Slop, So BetaNews is Officially Just a Slopfarm
They just don't seem to value what they have
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day