Bonum Certa Men Certa

How Software Patents Impede Standards and GNU/Linux Development

ISO in moneyLatest evidence from the news

THERE IS NOTHING MORE compelling than fresh examples which demonstrate the severity of the issues, so here are some reports and opinions that emerged this morning.



Patents Can't Mix with Standards



In a free society, standards and patents mix as well as water and sand. They just don't. We stressed this point last week and one new discussion from India re-highlights the threat of software patents to many different aspects of life.

Report on Free Software Free Society, 2008.



[...]

But this revolution is being threatened by monopolists who wish to control the generation and dissemination of knowledge. Venkatesh Hariharan, Eben, Mishi and Marco gave presentations on the current state of that stupid idea called software patents.


Glyn Moody says more on the same subject, with emphasis on so-called standards (which only the wealthy are permitted to support and comply with).

For if anything other than royalty-free terms are adopted, open source is effectively locked out – something that Microsoft knows full well, which is why it has pushed for “Reasonable and non-discriminatory licensing” (RAND). At first sight, this appears fair enough – after all, if it is non-discriminatory, what's not to like?

But the point is that it is not possible for free software programs to support even nominal licensing fees, since the unlimited, unchecked distribution of code makes it impossible to monitor how much should be paid.


We wrote about this subject many times before [1, 2, 3, 4, 5, 6] and Rambus is a good example of the problems involved [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17]. Andy Updegrove, who is personally involved with that case, has got some new things to say about it.

This has made its stockholders particularly partisan, as its stock has risen and fallen in synchrony with its fortunes in court, and its detractors particularly irate, because they view Rambus not only as a patent troll, but also as one that has gamed the standards development process during the creation of a universally adopted SDRAM memory standard. Hundreds of millions, and perhaps billions, of dollars of royalties are at stake.


Software Patents Can't Mix with Freedom



Apple's software patents definitely harm GNU/Linux [1, 2] and it turns out that a GPL violator known as VMware is doing the same thing. This might not be deliberate, but it's having the same effect. Despite the fact that VMware is a fairly new member of the Linux Foundation, this offers no peace of mind. VMware is now led by a Microsoft lackey [1, 2, 3, 4, 5, 6], who fought Microsoft's rivals in all sort of nasty ways.

Here is the seminal analysis of the latest problem, which has just become visible to non-subscribers of LWN.

On the kernel page a few weeks ago, we took a look at KSM, a technique to reduce memory usage by sharing identical pages. Currently proposed for inclusion in the mainline kernel, KSM implements a potentially useful—but not particularly new—mechanism. Unfortunately, before it can be examined on its technical merits, it may run afoul of what is essentially a political problem: software patents.


Heise gives the shorter and simpler version of this story.

A report from LWN.net suggests that there may be a patent problem with KSM, a memory management technology that is a candidate for inclusion in a future version of Linux. KSM attempts to extend the idea of sharing memory pages between processes from just managing shared libraries, to any identical memory pages, such as running multiple copies of the same program, or virtualised guest operating systems.


The threat affects KVM, which is now owned by Red Hat, the largest contributor to Linux. Quoting from the above, "The folks behind the KSM project are some of the kvm hackers from Qumranet—which is now part of Red Hat."

Well, Red Hat has already expressed its support for the Linux Defender project, which it also helps fund. From Red Hat Magazine:

“The idea is to create a defensive patent shield or no-fly zone around Linux,” says Keith Bergelt, the chief executive officer of Open Invention Network, the consortium launching the site. The core members of that group, formed in 2005, are IBM, NEC, Novell NOVL, Philips, Red Hat RHT and Sony.


We previously wrote about this initiative in [1, 2, 3, 4]. More could be done to topple the broken system rather than abide by and obey its rules.

"Fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria."

--Richard Stallman

Comments

Recent Techrights' Posts

Microsoft's Attack Dogs Have Failed. Now What?
It would be utterly foolish to assume that Microsoft has any intention of changing
All Your "Github Projects" Will be Gone One Day (Just Like Skype)
If you have code you wish to share and keep, then start learning how to do so on your own
Fedora Already Lost Its Soul Under IBM
Fedora used to be very strict compared to many other distros and it had attracted very bright volunteers
Links 17/04/2025: Calling Whistleblowers at Microsoft, Slop Doing More Harm Everywhere
Links for the day
 
Gemini Links 17/04/2025: Role of Language and Back to Mutt for E-mail
Links for the day
"Sayonara" (さよなら), Microsoft
Windows had fallen below iOS in some countries
Links 18/04/2025: Layoffs at Microsoft Infosys and Qt Becoming Increasingly Proprietary (Plus Slop)
Links for the day
Google News is Dying
treating MElon's algorithmic/biased site as a source of verified news
To Understand Who's Truly Controlling You Follow the Trail of Censorship (or Self-Censorship)
Do not let media steal and steer the narrative; CoCs are not about "social justice", they're about corporate domination
Microsoft is Still Attacking GNU/Linux and the Net
Microsoft bribed the government using money that did not even exist
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 17, 2025
IRC logs for Thursday, April 17, 2025
Gemini Links 18/04/2025: Pinephone Pro and Linux is too Easy
Links for the day
Links 17/04/2025: Russian Bot Farms Infect TikTok (Which US Government and SCOTUS Decided to Block January 19), US Hardware Stocks Crash Due to Tariffs
Links for the day
Gemini Links 17/04/2025: Sticking to Free Software, Smolnet, and Counting the Reals
Links for the day
Open Source Initiative (OSI) Privacy Fiasco in Detail: In Conclusion and Enforcement Action Proceeds Against OSI at the California Privacy Protection Agency (CPPA)
There's too much to cover in one single part
When You Fail to Filter Your Clients You End Up SLAPPing Reporters on Behalf of Bad People From Microsoft in Another Continent
“American Psycho”
Links 17/04/2025: LayoffBot and Tesla Cheats Buyers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 16, 2025
IRC logs for Wednesday, April 16, 2025
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day