Bonum Certa Men Certa

Economics, Trolls, and Software Patentability Revisited

Patents Versus Economics or Patents Versus the Economy?



THIS is a continuing discussion about the patent crisis and what can be done to end it (end the broken system to end the crisis). Digital Majority found this new academic paper which explores the economic effects that patents in general may have, so it's worth a look.



Today one of the most controversial issues in economic policy is that of patent law. Is a patent just an extension of property rights to the realm of ideas? Or is it an unwarranted interference by the government into the rights of individuals who have purchased goods and services to use them as they see fit? Should the Western system of patents be extended worldwide? Or should we get rid of patents entirely? Is the patent system responsible for modern miracle drugs? Or is it to blame for the millions dying of HIV in Africa? Do patents lead to greater innovation and economic growth? Or do they kill the goose that lays the golden egg?

[...]

Even the modern controversy over the current effort of the Free Software Foundation to limit software patents through the General Public License Version 3 finds reflection in the earlier Cornwall experience. Familiar with the negative impact of the Watt patents on innovation, Cornwall mine engineers were reluctant to patent their inventions. From 1781 to 1852 Cornish residents took out a grand total of 15 patents on steam technology—against 994 patents on steam technology in all of England during that period. Will it surprise you to learn that the area with the fewest patents also was the area that contributed the most to the innovation and development of steam technology?


Companies are clearly complaining about the patent system, which is increasingly abused. Even large companies like Cisco are among the complainers.

Later in the day, the chief judge of the Federal Circuit Court of Appeals, which has jurisdiction over all patent appeals, said that neither Congress nor the executive branch should be actively involved in overhauling intellectual property.

[...]

Cisco Vice President Mallun Yen said that the number of patent lawsuits against the company has quadrupled over the past five years. “The patent system overvalues patents, particularly weak ones, and thereby suppresses innovation,” she said.

Yen disagreed with Peter N Detkin, founder and vice chairman of Intellectual Ventures, who attempted to recast the patent debate as one between big players, like Cisco and IBM, against individual inventors.

[...]

All panellists agreed, however, that the global patent marketplace had changed considerably since 2002-2003, in particular by the trend that Intellectual Ventures had pioneered by seeking to make the marketplace for patents more liquid. The panellists also agreed that more data about private licensing of intellectual property is necessary to help make the marketplace friction-free.


So Microsoft "pioneered" massive-scale trolling? Where can it pick up the trophy?

Linux Defenders Revisited



In this previous post about OIN and Linux Defenders (aka "let the little people play games and offer free labour to big corporations"), we covered some of the more glaring issues with the chosen approach. Here is the welcoming page and an associated page in OIN's Web site.

OIN is actively seeking to address problems that arise from patent trolls and industrial companies whose business models and behaviors are antagonistic to Linux and true innovation. If your company is being victimized by any entity seeking to assert its patent portfolio against Linux, please contact us so that we can aid you in your battle with these dark forces.


Yes, it says "dark forces" and shows an image only to be associated with children's cartoons. This is so corny that it's hardly even funny. It also requires the proprietary Flash plug-in. They market this thing as an anti-Microsoft initiative [1, 2].

IBM could assist more effectively by fighting software patents as a whole, but it relies too heavily on imaginary property that keeps its investors hopeful yet deluded.

There is a page in FFII's Web site which explains why IBM's approach is flawed. Basically, patent trolls are the key issue, the question of software patentability to be left aside.

Microsoft can 'proxify' its patents (hand them over to an aggressor) and harass Linux via a this proxy. There is nothing that OIN can do about it other than to denounce the system or the legitimacy of patents, including its own (Novell, by the way, is among the members of OIN).

It is very surprising that the SFLC supports this initiative [3] because they should invest their money in building a coalition against software patents, not waste their time trying to "finding prior art" in binary code.

___ 1. Consortium launches 'LinuxDefenders'

"Our activities by their very nature are a deterrent to Microsoft or any other company to engage in hostile action or rhetoric," he said. "We didn't acquire our existing patent portfolio by accident."


2. Linux, Open Source Get Patent Protection Program

"The open source community is getting an IP rights tool that will limit distractions created from organizations that like to play the FUD [fear, uncertainty, doubt] game," he said. "We enthusiastically encourage the Linux and open source communities to contribute to Linux Defenders."


3. Web site launched to safeguard against patent trolls

I guess the concern of patent trolling gives these companies a common enemy. The Linux Foundation and the Software Freedom Law Center are co-sponsoring this as well.


Piggy bank OIN

Comments

Recent Techrights' Posts

There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Unless a Third of All Microsoft Layoffs Worldwide Are in Redmond (Washington) Alone, Microsoft Has Just Lied to Everyone Via Jordan Novet in CNBC (i.e. the Usual Any Time There's Mass Layoffs and Novet Weighs in With False Numbers)
Maybe when Microsoft said 3% it meant ~6,000 or more in the US alone
As Expected, Microsoft Uses Media Operative (Jordan Novet) to Downplay the Scale of Mass Layoffs
here we go
 
Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025
Gemini Links 13/05/2025: Apocalyptic Future and More
Links for the day
McKinsey (McK) is Killing IBM, It's All About Killing This Goose, "National Sales Team 80% on PIP Now" (Preceding Layoffs Without Severance)
PIPs are not based on performance
Links 13/05/2025: Microsoft Breaks Windows Very Badly Again, Mass Layoffs Reported (But False Figures, It's a Lot Higher)
Links for the day
2025 Will be a Big Year For GNU/Linux on Desktops/Laptops
with an economy like this, people who don't live in rich countries won't turn to Apple
Signs of Trouble: Microsoft Job Openings for Jobs That Do Not Exist!
Keeping up appearances?
"Special Place in Hell" for Women Who Help Violent Microsofters From Another Continent Attack Local Women Who Did Nothing Wrong, They Just Got Bullied and Deserve Sympathy or Compensation
Nothing says "Brat" like men who attack women, right?
The Numbers Game: 50,000-60,000 Microsoft Workers Laid Off in 2.5 Years? And Debt Still Tripled Under Nadella.
under Nadella Microsoft's debt trebled
The Slow Death of Windows Will Mean the Inevitable Demise of Microsoft
Once people stop using Windows, it'll be hard for Microsoft to sell anything to them
Last Week's Public Talk by Richard Stallman Well Attended and Covered in Technical News Sites
and we're looking at about 60,000 Microsoft layoffs in 3 years
Gemini Links 13/05/2025: Shopping is an Exasperating Nightmare and Making Phones Minimal
Links for the day
23,000 More Microsoft Layoffs by the End of June If the Estimates Are Correct (In Addition to About 6,000 Layoffs So Far This Year)
There's no questions about many layoffs happening this month. It got leaked already. The only question is when (and also how many).
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 12, 2025
IRC logs for Monday, May 12, 2025
Major Microsoft Layoffs This Week (Discussed Online)
later we can expect a lot of spin, even misinformation
What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025