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

Microsoft in Freefall in Finland
Can Finland eradicate Windows from all its infrastructure, including core operations that are sensitive to sabotage by cracking?
Google's Chrome Passes 70% and Web Standards Are Dying
The Web is quickly becoming devoid of any standards
Slopwatch: Plagiarism and Ponzi Scheme, Bubble About to Burst Entirely, Admits Goldman Sachs
the hype that Google News and The Register MS actively participate and profit from
The Register MS Says "AI Web Crawlers Are Destroying Websites", So Why Does The Register MS Help 'AI' Companies? (Spoiler: Money)
People need to call out The Register MS on its hypocrisy
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
Why We Publish Information About the SLAPPs (But Not About the Legal Process), an Abuse of Process by Americans Trying to Silence Critics of Their Employer, Microsoft
It doesn't take thousands of pages to explain something simple
 
Gone With the BRICs (or BRICS): "Linux 8" in Cuba
GAFAM must be worried
Telecompaper Reports Microsoft to Reduce the Workforce by Another 10% (in France)
Imagine what this will do to staff's morale
India is Back to Windows 8 (Market Share Down to 8%) as Android Soars to a New Record High
For Microsoft, India is a runaway market
Links 02/09/2025: SCO Summit and Russia Suspected Of Jamming GPS
Links for the day
Gemini Links 02/09/2025: Mediterranean Marriage and Staying Connected at 35,000 Feet
Links for the day
Links 02/09/2025: Attacks on Unions, Microsoft TCO, and DDoSing a Growing Problem
Links for the day
Internet Relay Chat Didn't Fall Off a Cliff
IRC will turn 40 in less than 3 years from now
The UEFI 9/11 - Part V - This is Not a Drill (Disable "SecureBoot" Now)
A "9/11" Coming
There's No Obligation to Speak to Anybody
The very fact that "bkuhn" is till spending time in social control media says a lot about his poor judgment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 01, 2025
IRC logs for Monday, September 01, 2025
Microsoft Trying to Force People to Resign (Amid Mass Layoffs) a Strategy That Takes Its Toll
Microsoft seems to be circling down the drain and the "final flush" will be the moment the "hey hi" (AI) bubble implodes completely
Google Simply Cannot Be Trusted
Only fools would trust GAFAM
Admission That a Third Party (or Parties) Funds the SLAPPs Against Techrights
This can end up costing them over a million dollars
Modifying and Writing One's Own Computer Programs is Not a Crime (or: Google Proves That Stallman Was Right)
We're generally gratified to see so many positive mentions of him
Why We Stopped Publishing Videos (for Now)
We'll probably get back to videos one day, but it's hard to say when or to what extent
What Animal Rights Activism Teaches Us About Sympathy and Focus
It's possible to believe that the planet is warming, that we must do something about it, and still eat eggs and butter
When You Turn Web Sites About Tech Into Political Sites
A lot of people fall into the trap of catering only for particular groups
Gemini Links 02/09/2025: ROOPHLOCH 2025 and Lagrange 1.19 Released
Links for the day
Gemini Links 01/09/2025: News Corp. WSJ and A Month With NixOS
Links for the day
“Sideloading” Never Killed Anybody
There are many online discussions this week about the misnomer "sideloading"
Slopwatch: Google News as FUD Vector Against Linux and Plagiarism Enhancer, Serial Slopper (SS) Uses LLMs to Googlebomb "Linux"
Slop destroys the Web not just by screwing with search engines and helping plagiarists. It's also responsible for de facto DDoS attacks...
Links 01/09/2025: "Attacks on Science" and China's "Soft Power" Grows
Links for the day
Links 01/09/2025: Fresh Backlash Against Slop and "Norway’s Electricity Crisis is About to Hit Britain"
Links for the day
Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
Links 01/09/2025: Catching Up (Mostly via Deutsche Welle), "Windows TCO" Effect in UK
Links for the day
Gemini Links 01/09/2025: Linguistic Barriers and "Web 1.0 Hosting"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 31, 2025
IRC logs for Sunday, August 31, 2025
Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
The UEFI 9/11 - Part IV - External Interference
They all seem to be playing a role in crushing Software Freedom and self-determination for users
Links 31/08/2025: Baggage Claim Scams, an Insurrectionist’s War on Culture, and a Sudden Robotics Hype
Links for the day
Gemini Links 31/08/2025: Reviewing Netsurf and Slightly Less Historic Ada Design
Links for the day
IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
This is What Google News Has Become
Moments ago