Bonum Certa Men Certa

Landmark Digital Services is an Aggressive Patent Troll, Attacks Amateur Programmer in Europe

Landmark Digital Services the troll



Summary: A Dutch developer's hobby comes under attack by software patents from the Nashville-based patent troll

ABOUT A day ago a reader sent us a pointer to this experience of a European programmer who met software patents:

Roy van Rijn writes "A couple of weeks ago, in a spare weekend, I wrote software that could recognise music through listening to the microphone, much like SoundHound and Shazam. After populair demand I was just about to release the code into the open source community when I got an email from Landmark Digital Services LLC. They claim my hobby project is infringing their patents. This took me on a journey to find out more about software patents and the validity of the requests I got from the company."


Based on its Web site, Landmark Digital Services has no products. It's a front.

From the original letter:

I am Darren Briggs, the Chief Technical Officer of Landmark Digital Services, LLC. Landmark Digital Services owns the patents that cover the algorithm used as the basis for your recently posted “Creating Shazam In Java”. While it is not Landmark’s intention to alienate those in the Open Source and Music Information Retrieval community, Landmark must request that you do not ship, deploy or post the code presented in your post. Landmark also requests that in the future you do not ship, deploy or post any portions or versions of this code in its current state or in any modified state.


This is similar to the story we saw leading to the destruction of a GIMP plugin and death of an Android application.

“Redcode software developer threatened by a software patent in NL...”
      --FFII president
"This is why patents are ****ing evil," said one of our European readers. "We are being ripped off of our free time creativity!" The president of the FFII writes: "Redcode software developer threatened by a software patent in NL, risk that Landmark Digital Services files a lawsuit"

Glyn Moody, a Brit, summarises the story by saying: "Free Software Coder Bullied over *Algorithm*"

As long-suffering readers of this blog will know, one of the many reasons I am against software patents is that software consists of algorithms, and algorithms are just maths, so a software patent is a patent on knowledge - the purest knowledge there is (a mathematician writes).

Sometimes defenders of software patents deny that software is just algorithms (don't ask me how, but some do). So I was particularly interested to read about this poor hacker being sued over - you guessed it - algorithms, pure and simple:
Landmark Digital Services owns the patents that cover the algorithm used as the basis for your recently posted “Creating Shazam In Java”. While it is not Landmark’s intention to alienate those in the Open Source and Music Information Retrieval community, Landmark must request that you do not ship, deploy or post the code presented in your post. Landmark also requests that in the future you do not ship, deploy or post any portions or versions of this code in its current state or in any modified state.
As you can see, there is no way of disguising the fact that this claims to be a patent on an *algorithm* - that is, on maths, which is knowledge and therefore unpatentable.

[...]

At every level, then, this is an obvious, algorithmic, mathematical approach. And yet someone in Holland - a country that doesn't recognise software patents at all - finds himself threatened in this manner for some code he wrote independently implementing that general, algorithmic mathematical idea.

Now explain to me how patents promote innovation, please...


BoingBoing has covered this too:

Roy van Rijn is a Dutch open source/free software developer who wrote a blog-post explaining some audio-fingerprinting algorithms he was experimenting with, along with a few code-fragments, and a promise to release all the source code. Unwisely, he called his post Creating Shazam in Java (Shazam is a commercial audio fingerprinting tool), and this attracted a notice from Darren Briggs, the Chief Technical Officer of Landmark Digital Services, LLC, which holds the patents used in Shazam.

Briggs said that van Rijn's post violated Landmark's patents (though Briggs had only seen the code fragments) He requested that van Rijn not "ship, deploy or post the code presented in your post. Landmark also requests that in the future you do not ship, deploy or post any portions or versions of this code in its current state or in any modified state."


Let's hope that Joaquín Almunia will change his mind and keep software patents out of Europe at all costs.

“Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.

“One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”

--Richard Stallman

Recent Techrights' Posts

"Many Applications Labelled as "Cybersecurity" and Given a Veneer of Legitimacy Are Really "Weaponised" and Abusive Code"
New from Dr. Andy Farnell
Security Advisory: Debian falls for social engineering hacks
Reprinted with permission from Daniel Pocock
The High Cost of Making Scepticism of Proprietary Voting Machines a "Trump" and "Conspiracy Theory" Territory
Time to get back to paper? Or read an old paper?
Today We Got an Early Birthday Gift
Exciting times
 
Links 08/11/2024: Strikes, Recessions, and Slowdowns
Links for the day
[Teaster] [Meme] New Ways of Wrecking (NWoW)
The EPO
Gateway for News and Blogs
In the long run, this site and its sister site (less overlap between them now) should hopefully become a popular destination for people who look for information, not chaff
Going Even Faster
We hope the site will be faster soon
Psychopaths Who Reaffirm Our Work's Value
Psychopaths and sociopaths lack empathy, so they're willing to go very far and stoop as low as they deem necessary
[Meme] How Low Can You Go at the European Patent Office?
Not just in terms of patent quality
More Cuts/End to Benefits for EPO Workers (Europe's Working Conditions Incompatible With the European Patent Convention)
"The Office is now reviving it but plans to introduce new cuts on benefits"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 07, 2024
IRC logs for Thursday, November 07, 2024
Gemini Links 08/11/2024: US Election, RetroChallenge 2024, and More
Links for the day
[Meme] Questioning Proprietary Software? Not OK...
A disaster long in the making
Links 07/11/2024: HTTP/3, Health Research, and Punditry
Links for the day
Gemini Links 07/11/2024: On Writing Publicly and Record Player Table
Links for the day
Open Source Security Foundation (OpenSSF) Hosted SOSS as Microsoft Propaganda Platform With Microsoft Front Group OSI
They essentially promote what they're attacking under false pretences [...] OSI is deeply corrupt. It's more toxic than arsenic.
Anti-Linux FUD, Now in LLM Form, Thanks to Brittany Day
They attack Linux with chatbots
[Meme] When You Discredit People Who Discredit Secret Code
proprietary systems with hundreds of millions of transistors (and hundreds of millions of lines of code)
Links 07/11/2024: Online Manipulation in Social Control Media, Election Deniers, and More
Links for the day
Gemini Links 07/11/2024: emacs-guix and File Hoarding
Links for the day
[Meme] Election Day at the European Patent Office
Less than 60 minutes left to cast your vote
Staff Union of the European Patent Office (SUEPO) Election Ending Today
In one hour
[Meme] When the Patent Office Does Illegal Things and Staff Speaks Out
many leaks received today
[Meme] Going Too Far to the Left Can Breed Militant Ideology
Some people can never be appeased because they prefer not to be appeased
Apple's Debt Has Skyrocketed While Gimmicks Like Vision Pro Failed
In Apple's case, the debt is almost double the "Cash on Hand", which isn't even cash
FSF Expressed No Preference Regarding Presidential Candidates (Its Founder Did)
Because he is a principled person, he does not prioritise loyalty to customers or employers (money)
A President Trump is Excellent News to Microsoft
His racist policies gave lots of contracts to Microsoft
Who Next on the Linux Foundation's 'Kill List'?
Remember that only about 2% of the "Linux" Foundation's budget goes to Linux
Links 07/11/2024: Facebook Scams, Journalists on Strike
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 06, 2024
IRC logs for Wednesday, November 06, 2024
Microsoft-Connected Publishers Want Us to Think That Linux is Some Sort of a Virus and a "Backdoor"
"The problem is with windows and the attack vector is via Windows"
We've Made it to 18! Here's to Another 18!
Going on for another 18 years means until some time at the end of 2042
Links 07/11/2024: Political Angst and Laptop Issues
Links for the day
Even LKML Subjected to Slop/SPAM by Guardian Digital, Inc (linuxsecurity.com)
They're really awful
Links 06/11/2024: BPF in RFC 9669, More Facebook Fines for Privacy Abuses
Links for the day
Gemini Links 06/11/2024: Political Shock and Hermaic Encouragement
Links for the day
Planet Debian Allows Politics (But It Depends on Your Opinions and Debian's Big Sponsors)
Planet Debian is OK with politics... as long as all your political opinions are the "correct" ones and you add cute animals
What Makes RMS Such an Attractive Target ('Discreditisation' Campaigns)
Don't be so easily fooled
The Biggest OEMs or Vendors of GNU/Linux Stopped Competing With Microsoft (Which Pays Them to Promote Windows, Too)
Where are the competition authorities (or regulators for that matter)?
Let's Encrypt Falls to a New Low of Only 0.6% of Gemini Capsules Known to Lupa
In Gemini Protocol, certificates for encryption are required, but centralised Certificate Authorities (CAs) aren't needed
Computer-Generator Crap Flooding the Web, the Latest Example About "Linux"
Here's today's example
Links 06/11/2024: Election Disinformation and Legal Actions
Links for the day
Gemini Links 06/11/2024: Stargazing and Death on Hallowe'en
Links for the day
Would You Trust a Liar?
Why lie about the authorship?
Mass Layoffs at Mozilla Announced During US Elections
Maybe nobody will notice?
[Meme] Announcing "Results" Before Everyone Even "Played"
There is a "tech" angle to otherwise political news
US Polls Close in One Minute (Social Control Media Does Not Care, Will Not Wait)
US election results will be known in about 2 days
Concentration and Centralisation Versus Aggregation or Syndication
KDE has a history of burying old sites
Social Control Media, Even Hours Before Polls Have Closed
Has social control media controlled by CPC (TikTok) and the Trumpmobile guy (Musk's "X") done enough to convince people not to even vote (based on presumptive "results", presented a long time before all polls have closed)?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 05, 2024
IRC logs for Tuesday, November 05, 2024
Wayland Pains in Community-Led Distros of GNU/Linux
Few people and companies use Wayland; there's hardly any technical or practical reason to choose it
IBM Still Conflating Microsoft With 'Security'
As a meme
Sanctions Cause Fragmentation in Software
some Chinese Linux developers are already subjected to restrictions similar to Russians'
Web Failing With Slop, Even in 'Linux' Sites (LLM Spam)
Add SEO prompting to the mix and the Web becomes a pool of slop, not knowledge
[Meme] State of the World Wide Web and Online Journalism
Technically a failure (DRM) and cannot even get basic things right
Trump's signature policy, building a wall, copied from Irish-Australian student politician
Reprinted with permission from Daniel Pocock
Linus Torvalds' self-deprecating LKML CoC mail linked to Hitler's first writing: Gemlich letter
Reprinted with permission from Daniel Pocock
[Meme] Turning 18 in One Day
just one more day