Bonum Certa Men Certa

Software Patents Still Fought Against by Red Hat, Brad Feld

Jim Whitehurst
Credit: Red Hat @ Flickr



Summary: New evidence that Red Hat actively battles against RAND clauses; a venture capitalist opposes software patents

RED HAT'S Richard Fontana writes that "According to scotusblog.com, SCOTUS issues opinions in three cases, but no Bilski" (yet).



Separately, according to Red Hat employees in India (c/f Software Patents in India), there is an ongoing push against the RAND trick, which essentially puts software patents inside standards. Here is one relevant part which determines key stakes:

Section 4.1.2 of the policy states, “ The patent claims necessary to implement the Identified Standard shall be available on a Royalty-Free basis for the life time of the Standard. If such Standards are not found feasible then in the wider public interest, Fair, Reasonable and Non Discriminatory terms and conditions (FRAND) or Reasonable and Non Discriminatory terms and conditions (RAND) with no payment could be considered.”

We request that the following statement, “If such Standards are not found feasible then in the wider public interest, Fair, Reasonable and Non Discriminatory terms and conditions (FRAND) or Reasonable and Non Discriminatory terms and conditions (RAND) with no payment could be considered” be moved to the section 4.3 which deals with “Non-availability of Open Standard which meets all Mandatory Characteristics dealing with exceptions.” We strongly feel that this sentence is completely out of place, especially considering that it is currently housed in section 4.1 titled, “Mandatory Characteristics.”

We feel that section 4.1.2 is the heart of the Draft Policy and placing an exception statement in the very heart of the policy will send out wrong and conflicting signals. Also, in terms of sequence, the RAND/FRAND clause pre-empts the selection criteria listed in Section 4.4. It should also be noted that standards that are RAND/FRAND should be termed as “Interim Standards” and should NOT be termed as “Open Standards.”

For example, the H.264-encoded Internet Video format is currently free to end users until at least December 31, 2015. Once this period ends, MPEG LA, the licensing agency for H.264 may start charging royalties. Therefore, H.264 is a partially-royalty free standard, but cannot be considered an open standard because users do not have the freedom to encode and decode data and have to adhere to complex licensing conditions. Under the current wording of Section 4.1.2, H.264 may qualify as a suitable open standard for e-governance but this is clearly unacceptable in the long-term. For example, if Doordarshan uses H.264 to transmit a National Address by the Prime Minister of India over the web on 1st January, 2016, it may attract royalty that “...shall be no more than the economic equivalent of royalties payable during the same time for free television." Therefore, we suggest, once again, that this sentence be moved to Section 4.4 and be modified to read, "If such Standards are not found feasible then in the wider public interest, Fair, Reasonable and Non Discriminatory terms and conditions (FRAND) or Reasonable and Non Discriminatory terms and conditions (RAND) with no payment, AND NO RESTRICTIONS ON REUSE, could be considered.”


Going back to the United States, Brad Feld, who is a venture capitalist (VC), mails many copies of an explanatory film about software patents [1, 2, 3, 4, 5], as expected. He targets influential people in particular, including those who are close to the Bilski case. In his own words: [also republished in Technology Review]

On the eve of re: Bilski, the anxiously awaited Supreme Court decision on business method patents (with potential implications for software patents), I decided to collaborate with the End Software Patents coalition and send out 200 copies of the short movie they recently produced called Patent Absurdity about why software should not be able to be patented to a focused list of key people. The letter follows.


Furthermore, the "End Software Patents" Web site commends Mr. Feld, who helps software freedom even if it wasn't his primary intention.

Venture capitalist Brad Feld has mailed a copy of Patent Absurdity to 200 policy setters in the USA (see Who should see Patent Absurdity?). The 200 are influential people in companies, standards groups, academia, and the relevent political committees.


The man behind "End Software Patents" has put this story in Slashdot's front page, stating quite prominently that "Venture Capitalists Lobby Against Software Patents" (it's a generalisation, but other VCs publicly took the same stance on the subject).

ciaran_o_riordan writes "No matter which side the US Supreme Court's Bilski decision pleases, it will be just the beginning of the software patent debate in the USA — the other side will start a legislative battle. The lobbying has already begun, with venture capitalist Brad Feld arguing against software patents, mailing a copy of Patent Absurdity to 200 patent policy setters. As Feld puts it, 'Specifically, I'm hoping the film will bring you to an understanding of why patents on software are a massive tax on and retardant of innovation in the US.' The patent lawyers and big patent holders often tell us that patents are needed to secure investment, so it's interesting to see now that venture capitalists are refuting that. And Brad Feld isn't the only vocal one; there's a growing list."


Thanks to Mr. Feld for serving a good cause.

Recent Techrights' Posts

Wikipedia Can Lower Its Hosting Bill by Going More Static, Not Just by Caching, But It Would Not Solve Its Biggest Problems (Bribes and AstroTurfing)
For about 15 years we had a Wiki in this site
Urgent Need for SLAPP Litigation Transparency
Microsofters really want to shut us up
On Shutdowns and 2,000 More Layoffs at Microsoft (10,000 Microsoft Staff May Have Already Been Laid Off in 2025)
Microsoft tries to hide and belittle mass layoffs; its data centre business also flounders, so it issues puff pieces about some anniversary over and over again
Open Source Initiative (OSI) Privacy Fiasco in Detail: A "Deep Dive" Into the Complaint at the California Privacy Protection Agency
There are many facets to it and it may be the first complaint of several
Microsoft Problems in Europe Even Before the Cheeto Tariffs
The case of Romania, Europe's notorious Microsoft fan
Oman in 2025: GNU/Linux Growing to 5%
what can Microsoft do about it except sabotage the PCs?
Microsoft Shares Collapse Again (Down $101), Fifth Round of Microsoft Mass Layoffs in Less Than 100 Days in 2025
disaster
 
How Corporations Such as Microsoft Try to Crush Critics and Dissolve Activism
Stay focused
At 50, Microsoft Has Over 100 Billion Dollars in Debt and Less Than 25% "Market Share" (Windows)
statCounter basically sees less than a quarter of Web requests coming from Windows
linuxhint.com Died 12 Months Ago (After Adopting Image Slop)
Zombie sites
LLM Slop Will Eventually Stop Due to High Costs, Worse Training Sets (Polluted Models Ingesting Their Own Junk), and No Real Returns
This too shall pass
Courage is Contagious
I became a witness to acts of great courage from EPO examiners
Gemini Links 08/04/2025: Gabbro 0.1.4 and Disillusioned With Social Control Media
Links for the day
Microsoft Windows in Jordan: From 99% Down to 10%
This is becoming more "normal"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 07, 2025
IRC logs for Monday, April 07, 2025
Gemini Links 07/04/2025: Stock Market, Galène, and DMT Entities
Links for the day
During the Weekend We Said Fedora DEI Requires Proprietary Software, Now the Chat About It Is No Longer Accessible Over the Open Web
is this just a coincidence and an habitual change in Element?
Links 07/04/2025: US Measles Fatalities and China Launches HDMI and DisplayPort Alternative
Links for the day
Links 07/04/2025: More Cuts to Science Funding, Snail-speed Internet in Germany
Links for the day
Gemini Links 07/04/2025: Leasehold and Safe Gifts
Links for the day
In Some Countries, Laptops and Desktops Become a Dying Breed (Even Before Tariffs), Windows Has Nowhere to Go
expect more GNU/Linux on new and existing laptops
When the Credibility or 'Quality' of Clients Ceases to Matter, It's About Helping Rich Companies Like Microsoft Censor Critics (No Matter the Risks)
Bad ideas typically result in undesirable outcomes
UAE: GNU/Linux and Android at Record Levels, Windows at New Lows and Falling Below Apple
Even iOS is measured as bigger than Windows this month
Links 07/04/2025: Reddit Occupied (Social Control Media Controlled by Oligarchy), Demise of Globalisation Ongoing
Links for the day
Windows Has Fallen to All-Time Lows in Switzerland Since GNU Celebrated 40th Anniversary (GNU’s 40th Birthday in Biel, Switzerland)
GNU/Linux has been doing well in Switzerland
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 06, 2025
IRC logs for Sunday, April 06, 2025
Links 07/04/2025: Leaving Gemini/smolweb and Mastodon Migrations
Links for the day
In Iraq, Windows 3.1 (Percent)
There's also zero
One Person's Take on Jef Spaleta, the New Fedora Project Leader
"With a little searching, I wonder what else may be found regarding Microsoft."
Links 06/04/2025: Flood, Cool Gemini Capsule, and Long Form
Links for the day
Links 06/04/2025: Science, Politics, and Pricier Goods
Links for the day
LLM Slop Has Virtually Killed unixmen.com and Many Other Sites
There's no longer any incentive to write real articles in there
Sharp Declines for Microsoft Windows in Bangladesh (Pop. ~175,000,000), Big Gains for GNU/Linux
Microsoft Windows has been having a really hard time in poor countries
Links 06/04/2025: Fake Reviews, Privatisation Heists, and "AI" as Smokescreen for Impoverishing Humans
Links for the day
Taking a Moral Stand Against Strategic Lawsuits Against Public Participation (SLAPPs) and the Worst Offenders/Facilitators
Any other stance would sidle with moral depravity or moral hazard
Links 06/04/2025: Many New Acts of Repression and Elements of Financial Depression
Links for the day
In Qatar GNU/Linux Rose From Under 1% to Over 4% in Two Years (or Over 5% If Counting ChromeOS)
It's a big improvement compared to what we saw last year
LLM Scrapers Are a Nuisance, But They're Also a Reminder It's Time to Make Your Site Static
Perhaps the best protection is the ability to endure surges
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 05, 2025
IRC logs for Saturday, April 05, 2025
Links 06/04/2025: Attacks on Education, Fake Patents, and Fake (Illegal) Patent Courts
Links for the day
France: Apple and Microsoft Down, GNU/Linux Up to New Record Levels
How will tariffs against France impact things in the coming months?