Bonum Certa Men Certa

New Software Patents for Novell

Hypocrites

Is Novell antagonising software patents? Clearly it does not. In the pipeline Novell still has many more, including this latest:

Administration of protection of data accessible by a mobile device, patent No. 7,478,420, invented by Michael Wright of Sandy, Peter Boucher of Orem, Gabe Nault of Draper, Merrill Smith of Riverton, Sterling K. Jacobson of Saratoga Springs, Jonathan Wood of Orem, and Robert Mims of West Valley City, assigned to Novell Inc. of Provo.


It has been only one week since we last mentioned Novell's attitude towards software patents. It's problematic in the Free software world, especially since Novell uses these patents to create fear of non-SLE* GNU/Linux distributions.

TechDirt has this good post about the desire of lawyers to have excessive patentability, whereas engineers don't need or want this (a point that was stressed before, using evidence).

The Cultural Gulf Between Lawyers And Technologists On Patent Law



On Wednesday I attended the Brookings Institution's conference on "The Limits of Abstract Patents in an Intangible Economy." The conference was organized by software patent skeptics, so that perspective has been well represented. But I was struck by the dramatic differences between the views of lawyers on the one hand (who made up the majority of the panelists and audience members) and the handful of technologists on the other.


Over at Linux Today, Carla has just called Intellectual Monopolies "a mental illness" -- a point that she explains thusly:

This whole "intellectual property" mania is a mental illness that deserves its own entry into the Diagnostic and Statistical Manual of Mental Disorders. It's like that great movie, "Aguirre: The Wrath of God." Give yourself a treat and watch it; it's a wonderful film that takes place after the fall of the Incan empire. Lope de Aguirre, played by the perfectly mad Klaus Kinski, leads a band of Spanish conquistadors on a quest for El Dorado, the legendary City of Gold. The quest is doomed, of course, as they struggle through hostile terrain and hostile locals, pushed onward by their own greed and ruthlessness.

[...]

The tech industry is notorious for thuggish Tony Soprano tactics. How did this come about? Pepsi doesn't make you agree to a EULA. DeWalt doesn't tell you what you can and cannot do with your own DeWalt tools that you have purchased. The fashion and automotive industries copy each other openly, and don't waste time suing each other for poaching ideas. Instead they stick to the business of trying to win customers the old-fashioned way-- by making cool things that people want to buy.

The proprietary software industry nearly succeeded in killing off the second-hand software market, and then had the two-faced gall to whine about copyright infringement-- they tolerate it when it opens new markets and shuts out the competition, but sooner or later those bad pirates have to pay up. Every other industry has a thriving second-hand market, instead of this loony game of wink-nudge "piracy", and it benefits everyone-- it opens new markets, and reduces the financial risks of early adopters and customers who buy new.

Microsoft has devoted considerable energy to trying to kill off the second-hand hardware market as well by going after schools and non-profits that use old, donated equipment, and forcing them to purchase new software licenses. Most OEM Windows PCs come with crippled versions of Windows that can't be moved to different PCs, but are locked to the original.


We saw a very major example of this yesterday.

"Small Software companies cannot afford to go to court or pay damages. Who is this software patent system for?" —Marco Schulze, Nightlabs Gmbh



Steve Ballmer license
Image from Wikimedia

Comments

Recent Techrights' Posts

'Dark Patterns' or a Trap at the European Patent Office (EPO)
insincere if not malicious E-mail from the EPO's dictators
There's an Abundance of Articles About the New Release of Kali Linux, But This One is a Fake
It can add nothing except casual misinformation (fed back into the model to reinforce lies)
IBM's Leadership Ruining Lives of People Who Thought Working for IBM Would be OK
Nobody gets fire-lined for buying IBM?
The United States' Authorities Ought to Become Enforcers of the General Public License (GPL) for National Security's Sake
US federal agencies ought to pursue availability of code and GPL compliance (copyleft), not bans
The Problem of Microsoft Security Problems is Microsoft (the Solution is to Quit Microsoft) and "Salt Typhoon" Coverage Must Name CALEA Back Doors
Name the holes, not those who exploit them.
A "Year of Efficiency"
No, we don't mean layoffs
 
LLM Slop Disguised as Journalism: The Latest Threat to the Web
A lot of it is to do with proprietary GitHub, i.e. Microsoft
Gemini Links 20/12/2024: Regulation and Implementing Graphics
Links for the day
Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
Links for the day
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024
Gemini Links 19/12/2024: Fast Year Passes and Advent of Code Ongoing
Links for the day
Twitter is Going to Fall Out of Top 100 Domains as Clownflare (DNS MitM) Sees It
evidence of Twitter's (X's) collapse
[Meme] Making Choices at the EPO
Decisions, decisions...
Large and Significant Error Correction in South America?
Windows now has less than half what Android achieved in terms of "market share"
Links 19/12/2024: Astronaut Record and Observer Absorbed
Links for the day
Links 19/12/2024: Seven Dirty Words and Isle Release v0.0.3 (Alpha)
Links for the day
Links 19/12/2024: Nurses Besieged by "Apps", More Harms of Social Control Media Illuminated
Links for the day
15 Countries Where Yandex is Already Seen to be Bigger Than Microsoft (in Search)
Georgia, Syrian Arab Republic, Cyprus, Moldova, Ukraine, Armenia, Azerbaijan, Kyrgyz Republic, Uzbekistan, Kazakhstan, Turkmenistan, Tajikistan, Belarus, Turkey, and Russia
Links 19/12/2024: Magnitude 7.3 Earthquake and Privacy Camp
Links for the day
Gemini Links 19/12/2024: Port Of Miami Explosion, TurboQOA, Gnus
Links for the day
Fake Articles About 'Linux'
Dated yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 18, 2024
IRC logs for Wednesday, December 18, 2024
FSF Has Made It Halfway to Its Target (Funding Goal) a Week Before Christmas Day
$400,000 definitely seems reachable now, especially if they extend the "deadline"
[Meme] The Master Churnalist
Speaking of press releases being passed off as "journalism"
Spamnil's TFiR: Still Pretending Press Releases Are 'Articles' (TFiR 'Originals' as Plagiarism or Fluff)
Same as last year
Links 18/12/2024: Zakir Hussain Dies, TuneIn Layoffs
Links for the day
Links 18/12/2024: Karate Love and Advent of Code
Links for the day
Windows (or Microsoft) Has Become the "One Percent" (Market Share) in Chad
How long before it falls below 1%?
Arvind Krishna, IBM's CEO, Will Eventually Suck Up to Donald Trump Like His Predecessor Did or the Watson Family Did With Adolf Hitler
Literally Hitler
Being a Geek Need Not Mean Being Sedentary
"In the past 18 months," Berkholz writes, "I’ve lost 75 pounds and gone from completely sedentary to fit, while minimizing the effort to do so (but needing a whole lot of persistence and grit)."
GAFAM Kissing the Ring of the Mafia Don
"resistance" to dictatorship and defenders of democracy?
Slop Spaghetti From the Chef, Second Time Today
Fresh slop ready out the oven!
IBM - Like Microsoft - Lies About the Number of People It's Laying Off (Several Tens of Thousands, Not Counting R.T.O. "Silent" Layoffs and Contractors/Perma-Temps)
How many waves of silent layoffs have we seen so far at IBM this year?
Links 18/12/2024: EU Launches Probe Into TikTok (At Last!)
Links for the day
Links 18/12/2024: Doha/Qatar Trafficking, Bloat Comfort Zone, and Advent of Code 2024
Links for the day
Saving What's Left of Decent and Independent Journalism on the Web
We increasingly (over time) try to make local copies (hosted on our server) of important documents; it's hard to rely on third parties
[Meme] Microsoft's Latest Marketing Pitch
"Stop Being Poor; buy a new PC with TPMs"
In South Africa, a Very Large Nation, Web Developers Can Already Ignore Microsoft Browsers (Edge Measured Below 3% in 55 Nations)
The dumb assumption you must naively test with Microsoft browsers is no longer applicable in a lot of places
Open Source Initiative (OSI) is the Voice of Bill Gates and Satya Nadella
Not hard to see what they've done with the money
Microsoft Boasts That Its (Microsoft-Sponsored) "Open Source AI" Propaganda Got Cited in Media (That's Just What the Money Did)
This is a grotesque openwashing campaign
In Many Places Around the World, Perhaps as Expected, Yandex is Nearly Bigger Than Microsoft (Like in Several African Countries)
Microsoft may soon fall to "third place" in search
Keeping Productive This Christmas
We've (pre)paid for hosting till almost January 2026 and fully back on the saddle
IBM and Canonical Leave Money on the Table Because Microsoft Pays Them Not to Compete and Instead Market Windows, WSL, Microsoft 'Clown Computing', and TPMs
Where are the regulators?
Other Editors Who Agree "Hey Hi" (AI) is Just Hype But Won't Say So Publicly as It Might Upset Key Sponsors
Some media would gladly participate in a scam to make money
Brian Fagioli's Latest "Linux" Article Appears to be Fake
Another form of plagiarism/ripoff using bots?
IBM (and Red Hat) is a Patent Troll, Still Leveraging Software Patents to Extract Money Out of Other Companies by Suing Them
Basically, when it comes to patents, IBM is demonstrably part of the problem, not the solution
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 17, 2024
IRC logs for Tuesday, December 17, 2024