Bonum Certa Men Certa

Patents Roundup: Call to “Abolish Software Patents”, FFmpeg Has No Patent Danger, and Patent WatchTroll Looks Like “Pure Satire”

FFmpeg



Summary: Many news items about software patents, mostly ones that reassure software patents are kept stuck in particular geographies, thanks in part to a lobby of lawyers like Gene Quinn (Patent WatchTroll)

IT'S TOO hard to ignore the Bilski decision, even a week and a half after its release. This decision applies to just one country, but its scope potentially goes beyond that of business method patents. Here is TechDirt extrapolating to better understand the impact on software patents:



Since it's been a week or so since the Bilski ruling, and as more people have had more time to look at and sift through the rulings in greater detail, some are realizing there may actually be a light at the end of the tunnel for those who dislike software patents. Contrary to the claims of the IEEE, the ruling did not, in fact, come out and say that software patents are legit.


The truth is, despite pressure from Stevens, SCOTUS kept the issue of software patents mostly off the agenda.

Other Web sites can be seen extrapolating to biomedical patents [1, 2]:

A day after reaching a decision in the business methods patent case Bilski v. Kappos, the Supreme Court this week remanded the diagnostic patent case Prometheus Laboratories v. Mayo Collaborative Services et al., to the Federal Circuit Court of Appeals with an order to revisit the case in light of Bilski.


Timothy Lee, a rebel against software patents who was also recently recruited by Google, says that "Justice Scalia’s indecision is a victory for the patent bar" and a new UK government Web site (crowd-sourced) may seek to ensure that software patents are kept at bay, at least in the UK. From the summary:

Software patent law must be simplified if not completely abolished. The concept that a routine or function is somehow "intellectual property" is ridiculous. How many times have you had an idea and found out someone else had the same idea? Patents were designed to prevent stealing of ideas but two independent people creating the same idea are not stealing from each other.


Richard Stallman wrote about video patents (purely software/mathematics) a day or so ago and Carlo Daffara wrote this good post to clarify and dismiss misconceptions that FFmpeg's implementation of WebM/VP8 might be infringing MPEG-LA patents.

I was recently reminded by Gregory Maxwell of Xiph about the new, non-Google implementation of VP8 done within the context of FFmpeg, and many commenters on Slashdot observed that the fact that the implementation shares lots of code with the H264 part is further demonstration that VP8 is infriging on MPEG-LA held patents.

Actually, there is nothing in the implementation that suggests this, only the fact that some underlying alogrithms are similar (but not identical). For example, the entropy coder is quite similar, and it certainly helps to reuse some of the highly optimized librarties that are within FFMPEG, this is however no indication of patent infringement.


Last but not least, TechDirt feeds Patent WatchTroll (Quinn) and claims that Quinn's arguments are so ridiculous that he was "pretty sure that Quinn's blog is pure satire":

We've already pointed out that the "don't look" advice is spread around widely and has nothing, specifically, to do with open source. Second, developers aren't looking to "do original work." They're looking to do useful work. Necessity is the mother of invention and all that. Innovation doesn't come from looking for something that "hasn't been done." Usually, it's in response to a need that you are seeing in the market place, and when you see that need, it doesn't matter if others are doing something already. The fact that you see a need that hasn't been fulfilled means that there's an opportunity.

In some ways, Quinn's mistake here is simply a restatement of the mistake many patent attorneys make in confusing idea and execution. He assumes that for innovation to occur you need to have an original idea, rather than just a better way of solving a market need. And, the idea that you have to do something "original" to attract investor attention suggests that Quinn doesn't spend much time in the venture capital world. It's pretty well known out here in Silicon Valley that if you come to investors with something truly original, you'll almost never get an investment. It's just too difficult. They can't fit that into the model they're working with. To get an investment you need one of two things -- neither of which is "finding some original space." No, you need a story about how you're doing something the VCs already understand, but better (i.e., the opposite of what Quinn suggests) or you've got a great track record of executing. That's because most good (successful) VCs recognize the difference between ideas and execution. And they'll bet on people who can execute over people with ideas every single time.

There's plenty more that's ridiculous in Quinn's post -- which is why I'm pretty sure that Quinn's blog is pure satire that had me fooled for many years, but I'll just respond to one more point, because it's so amusing:
I have a real philosophical problem with those who want to copy, whether it be intentionally or without knowing. We ought to want to find the open spaces and fill them. That is what Thomas Edison did, and many thousands of others throughout our history.
As anyone who's actually studied Thomas Edison knows quite well, pretty much all Edison did was copy others. Nearly all of his great "inventions" were actually invented by others first. Edison, on the other hand, was great at taking the inventions of others and innovating. That meant making minor tweaks to make the offerings more marketable, marketing the hell out of them... and, oh yes, using the patent system to try to wipe out any of the competition (even if they had much, much, much better products).


The best thing to do is probably not to feed Patent WatchTroll. That's just what he wants and maybe that's why he aggravates. Groklaw feeds him a lot.

Recent Techrights' Posts

Microsoft Windows Barely Exists in Haiti Anymore
This trend in Haiti is a "story in progress"
Free Speech Around the World is Curtailed in the Name of "Protecting Us"
We have spent many years speaking about how to combat this trend
 
Links 17/03/2025: Weather Changing and Connecting Docker to Localhost
Links for the day
The EPO Might Face Critical 'Brain Drain' (Abandonment by the Most Experienced Patent Examiners) This Year
"a number of colleagues might feel compelled to inform the Administration before the end of May 2025 of their intention to retire as of 1 December 2025."
Links 17/03/2025: Forced Labour and Memory on Tenstorrent
Links for the day
Links 17/03/2025: Live Nation’s DOJ Antitrust Battle Carries on, as Does the Demise of the "Hey Hi" Bubble
Links for the day
Links 17/03/2025: "Badly Misled About Covid" and "Gag of America"
Links for the day
The Lie or Half-Truth of Clownflare (or Equivalents) Improving Things
It may seem "cheap" (temporarily) and "fast", but that's just bait
Enshittification of Online Media
Now more than ever we must fight for independent press
War Readiness Means Removing Every Windows Installation and CALEA-Compliant Equipment
Finland is vulnerable for a whole bunch of reasons
Reporting Facts is Not a Privacy Violation
Techrights has long valued and defended privacy
In the Russian Federation (Russia), Microsoft Isn't Even the 1%
the government builds "homegrown" (not pertinent parts of them) distros with which to replace Microsoft, not just Windows
Gemini Links 17/03/2025: "Hack the Planet", Klingnauer Stausee, and Enshittification
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 16, 2025
IRC logs for Sunday, March 16, 2025
Slow News Cycles Are Part of a Trend, Technology Gravitating Towards Rich People's Interests
This issue isn't limited to the Web
Recent Site Changes and Looking Towards 2026
In November 2026 we turn 20
Mozilla Firefox is Probably Already Below 2% in the UK (United Kingdom)
LibreWolf identifies as "Firefox" by default
When You Don't Want to Tinker Much You Just Use GNU/Linux, Not Windows
With GNU/Linux upgrades are possible and, failing that, one can just back up the home directory and copy it "back into" the new OS
Facebook REALLY, REALLY, R E A L L Y Does Not Want You to Read This Book
It would be a CRIME to read it
Coming Soon, the Next Chapter About the Crisis of the Open Source Initiative (OSI)
We're far from done
Illuminating Microsoft's Code of Conduct (CoC) Hypocrisy
Oppressor victimhood? Leadership claimed by the worst offenders?
Planet Ubuntu - or Ubuntu Planet - Has an LLM Slop Problem (Called Faizul "Piju" 9M2PJU)
Does investigative reporting have any future at all?
Links 16/03/2025: Handwriting Comeback and "MElon’s Attack on U.S.A.I.D."
Links for the day
Gemini Links 16/03/2025: "Differences Distance" and "Dopamine-addicted Pigeon"
Links for the day
Expect GNU/Linux to Rise Sharply in China
But Red China won't trust Red Hat (IBM), which works for the Pentagon and keeps the "secret sauce" for its OS secret (just what Americans accused China of doing with its distros)
Links 16/03/2025: American Press Under Attack, "France Offers to Take in US Scientists"
Links for the day
Gemini Links 16/03/2025: Threats to Canada and How to Process News Online
Links for the day
Links 16/03/2025: Growing Tariff Hostilities and Social Media Surveillance
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 15, 2025
IRC logs for Saturday, March 15, 2025
Gemini Links 15/03/2025: Sleeping in March, Headless Raspberry Pi 4
Links for the day
Links 15/03/2025: Hey Hi (AI) Hype Waning, Microsoft and Apple Ridiculed for Vapourware
Links for the day
Many Reports About Microsoft Layoffs Are LLM Slop Based on Other LLM Slop (From Microsoft-controlled LLMs That Downplay the Layoffs or Give Badly Outdated Data)
The LLM slopfarms also dilute/derank actual news about Linux by pushing Microsoft Azure instead; it's a spamfest!
When You Expose Corporate Crimes, Misconduct and Lies They Harasses and Troll You. Then You Write About the Harassment and Trolling and They Allege It's "All Personal".
protect women's safety
Gemini Links 15/03/2025: Bandcamp and DST
Links for the day
Links 15/03/2025: Albania TikTok Ban, No Skinnerboxes in Danish Schools
Links for the day
Sierra Leone: Android Up to Record Highs, Windows Falls to Record Lows of Almost 5% (15 Years Ago It Was 100%)
This is what happens when about 83% of Web requests come from mobile
Margarita Manterola (marga, Google) & Debian DebConf13 Swiss venue intrigue
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 14, 2025
IRC logs for Friday, March 14, 2025