Eben Moglen: “We Will Not Between Now and 2020 [Face] a Copyright Crisis But the Patent Crisis is Not Going Away.”
    
     - Dr. Roy Schestowitz
 
     
      - 2010-08-12 19:06:14 UTC
 
      - Modified: 2010-08-12 19:06:54 UTC
 
     
    
   
 
Summary: Here are just some among many takes on a talk about software patents and the Bilski case, courtesy of Professor Eben Moglen
Paula Rooney: 
Moglen: Bilski decision set back patent reform for more than a decade
Moglen said companies and individuals are now comfortable with open source licenses and doing hundreds of billions of dollars of commerce but the industry won’t be able to eradicate trollers for at least 10 years.
“We will not between now and 2020 [face] a copyright crisis but the patent crisis is not going away. We learned this from the United States Supreme Court,” Moglen said during his keynote. “What we know is that in the U.S., clarity on the relationship of patents to software is not coming any time soon and if there’s no clarity in the U.S., there’s no clarity in the world anytime soon.”
Ryan Paul: 
OSS and software patents: if you can't beat 'em, join 'em
At the Linux Foundation's annual LinuxCon event this week, Columbia University law professor and Software Freedom Law Center founder Eben Moglen explained that the prospects for software patent reform are bleak and that the time has come for the free software community to start finding ways to solve its patent problems by using the patent system itself.
The rapid proliferation of broad patents that cover software methods has turned the technology industry into a litigation minefield. It's difficult for a startup to develop a new product without treading on patents held by incumbent industry giants. Software patents are especially problematic for open source software because patent licensing is largely incompatible with the principles of unrestricted redistribution that are inherent to open source software licenses.
Brian Proffitt: 
Moglen Targets Patents, Compliance and Innovation as Key Challenges for Free Software
 The patent crisis is not going to go away," Moglen stressed. This summer's Bilski ruling from the US Supreme Court confirmed as much for Moglen, who related to the audience that before the decision was handed down, he feared that the Court would hand down a ruling to the effect of: "You can't patent this, and here are five incoherent reasons why... and that's exactly what happened."
Moglen is concerned that without clarity from the US regarding patents, there will be not international clarity, and patents will remain a constant threat.
"We going to have to deal with this slowly and carefully," Moglen reiterated, using such patent defense organizations such as the Open Invention Network as one potent method of defense against patents.
It won't be easy: "The patent system is built for secrecy, obscurity, complexity... and troublemaking." Nonetheless, the challenge will remain for some time.
    
   
   
   
  Recent Techrights' Posts
  
 - What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
 
  - From LinkedIn (Microsoft)
 
 - "All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
 
  - This site is educational
 
 - Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
 
  - So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
 
 - Techrights Will Contact German Media About the EPO's Substance Abuse
 
  - This scandal won't "go to waste"
 
 - Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
 
  - Just to be very clear, search would not be unprecedented at Techrights
 
 - The Rumour Was True, Mass Layoffs at IBM Today
 
  - How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
 
  -  
 
 - EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
 
  - At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
 
 - Envy Makes People Do Self-Harming Things (and Harm to Others)
 
  - Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
 
 - Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
 
  - Consider adopting SSGs if you still use a CMS such as WordPress
 
 - But he Was Born in Manchester! (Origin Stories)
 
  - Borussia Dortmund does not exist!
 
 - GNU/Linux is American, Not Finnish
 
  - It started in Boston, not in Helsinki
 
 - 'Hacker' 'News' Makes Dumb Assertions Against Smart People
 
  - A logical fallacy
 
 - We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
 
  - Without free press, there won't be free society
 
 - Why I'm Always Proud of the Site I've Devoted My Life to
 
  - As a graffiti around the corner from our home says, "be a better person"
 
 - Standing Up or Standing for What's True But Inconvenient
 
  - Bad actors need to be called out
 
 - Media Coverage Regarding IBM is Vapourware and LLM Slop
 
  - With slop images, too
 
 - statCounter Says GNU/Linux Rose to 4% in the Russian Federation
 
  - Adoption of Vista 11 has been embarrassingly weak
 
 - Corruption is Not a Joke
 
  - we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
 
 - The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
 
  - Google News is slop
 
 - The Fall of IBM: What Happened?
 
  - Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
 
 - IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
 
  - Only days ago the CEO told a bunch of nonsense
 
 - Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
 
  - Links for the day
 
 - Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
 
  - Links for the day
 
 - Arch Linux Seems Like the New Debian
 
  - Arch users (btw!) are growing in relative and absolute share
 
 - Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
 
  - the data set is large
 
 - Holding Institutions Such as the EPO Accountable Through Public Information
 
  - Speaking truth to power is never easy
 
 - EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
 
  - How much more can the staff endure and generally tolerate?
 
 - Free Software Does Not Always Speak for Itself, It Needs Advocates
 
  - Legal matters that relate to sharing of code will be discussed
 
 - Over at Tux Machines...
 
  - GNU/Linux news for the past day
 
 - IRC Proceedings: Monday, November 03, 2025
 
  - IRC logs for Monday, November 03, 2025
 
 - The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
 
  - That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
 
 - IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
 
  - Many people say "software" people are impacted
 
 - Escaping Proprietary Software, Not Just Escaping Microsoft
 
  - To take control of your life adopt GNU/Linux
 
 - A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
 
  - If you see some headline about Microsoft's CEO making claims about hirings, look away
 
 - Techrights Turns 19 in Three Days
 
  - It would be nice to meet for a chat
 
 - Akira Urushibata on How Grokipedia Fails to Work
 
  - The Grokipedia article gives the wrong character for the "Ko" on "Koan"
 
 - Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
 
  - Links for the day
 
 - Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
 
  - Links for the day
 
 - Links 03/11/2025: Internet Anniversary
 
  - Links for the day
 
 - Two Years of Uptime
 
  - Reboots are seldom involuntary
 
 - Richard Stallman is Giving Another Talk in Less Than a Fortnight
 
  - in two weeks' time (13 days from now)
 
 - Windows Falls Below 20% in the UK
 
  - Many people choose to leave Windows altogether
 
 - Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
 
  - what can Microsoft sell other than shares in Microsoft?
 
 - Evidence Regarding Layoffs at Red Hat
 
  - Seems like IBM layoffs
 
 - Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
 
  - Hallmark of pseudo-economics
 
 - GNU/Linux as a Boarding Pass
 
  - being mostly analogue is still feasible
 
 - Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
 
  - Links for the day
 
 - Gemini Links 03/11/2025: Books in October and Change
 
  - Links for the day
 
 - Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
 
  - The Web has become monocultural
 
 - Debian is Non-Free
 
  - Devuan might be worth looking into
 
 - Slopwatch: Brian Fagioli and LinuxSecurity
 
  - This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
 
 - Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
 
  - Today we expect to be back to a more-or-less regular publication pace
 
 - Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
 
  - Links for the day
 
 - Over at Tux Machines...
 
  - GNU/Linux news for the past day
 
 - IRC Proceedings: Sunday, November 02, 2025
 
  - IRC logs for Sunday, November 02, 2025
 
 - Microsoft's Debt Has Skyrocketed by More Than 15 Billion Dollars in 6 Months or 8.2 Billion Dollars in the Past 3 Months Alone
 
  - The corporate media intentionally disregards - or merely turns a blind eye to - such data
 
 - Rumour: IBM Layoffs in Canada Starting Tomorrow
 
  - "RA (IBM's term for layoffs) Coming to Canada this week (Nov 3rd)"
 
 - Debunking False/Misleading Statements Made or Told to the High Court
 
  - People who try to cheat the system by gaslighting judges will end up discrediting themselves
 
 - Fear, Uncertainty, Doubt (FUD) by LLM Slop
 
  - The Web has become such a sordid mess that this FUD made by bots is what Google News deems to be "the news"
 
 - This Month's Analytics Show Vista 11 Down, GNU/Linux Up
 
  - After pulling the plug on Vista 10 we see losses - not gains - for Vista 11
 
 - Almost Fully Caught Up
 
  - The EPO series will continue very soon, maybe tomorrow or on Tuesday
 
 - Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
 
  - Links for the day
 
 - The Long-Coveted Milestone of 3,200 Active Gemini Capsules
 
  - Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
 
 - Five More Days Till Techrights Party
 
  - We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
 
 - Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
 
  - Links for the day
 
 - Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
 
  - Links for the day
 
 - Over at Tux Machines...
 
  - GNU/Linux news for the past day
 
 - IRC Proceedings: Saturday, November 01, 2025
 
  - IRC logs for Saturday, November 01, 2025