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
- Microsoft said “GitHub and its leadership team will continue its mission as part of Microsoft’s CoreAI organisation.” But it's just an empty shell created earlier this year.
- In short, it's not too clear what Microsoft has just done except dumping GitHub - i.e. mostly a Web site that loses a ton of money (it always lost money) - into some mysterious new bucket
- IBM Layoffs in MCC, or Marketing, Communications and Corporate Social Responsibility (CSR)
- IBM and Microsoft inflate their share price by circular financing
- The Register MS gets Lazy, Uses Slop
- Unlike 3-D renderings or "Classic" CG, slop images aren't quite original and definitely not fair use
- Overly Maximalist, Expensive, Localised Patent Law is Dooming Western Companies, Argue 3-D Printing Champions
- We've long warned (over 7 years already!) that China's approach to patents will impress WIPO by gaming the totals but will doom the West
- Microsoft's Windows in Gabon: Still Moving Down
- What is this Unknown? Who knows...
-
- Links 19/08/2025: "NASA Is Giving Up on Climate Change Science" and "Earth's Continents Are Drying Out at an Unprecedented Rate"
- Links for the day
- Phil Wyett evidence & Debian Zizian plagiarism, modern slavery tendencies
- Reprinted with permission from Daniel Pocock
- In Many Countries People Move Away From Vista 11
- Vista 11 has been available for download for 4 years already, but adoption has been poor
- Desktops/Laptops Fall to All-Time Lows in the UK, So Why Does British Media Quote a Famous Criminal on "End of the Smartphone Era"?
- mobile usage (for Web access) has never been higher, based on an Irish surveyor, statCounter
- The Groklaw Web Site Has Been Hijacked by Scammers
- Groklaw.net isn't a safe site to access at this time
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Monday, August 18, 2025
- IRC logs for Monday, August 18, 2025
- Online Safety Act Does Not Tackle the Worst (and Biggest) Culprits
- if our governments are serious about tackling online harms, then they need to look closely at GAFAM and social control media giants
- Chat Control (1 and 2) in the European Union Sends the Wrong Message
- This is an EU law
- Slopwatch: Google News and Serial Sloppers (Fake Articles About "Linux")
- Calling out the culprits
- Gemini Links 19/08/2025: Digital Legacy and Chat Control
- Links for the day
- English Law Misused by Americans and Irishmen Against Brits is Unfair
- There's always a way to improve existing laws
- Links 18/08/2025: "Microsoft Store" Gets Increasingly Hostile, "Cracking Abandonware DRM"
- Links for the day
- Gemini Links 18/08/2025: Summer "Gone" and Web Reposts in Gemini
- Links for the day
- Links 18/08/2025: LLM Reputation Damaged, Australia Catches Google Foul Play
- Links for the day
- Geeks Like GNU/Linux
- The technical community seems to be consolidating and rallying around GNU/Linux
- GNU/Linux is 486 in Ireland
- 4.86% that is
- End of Reliable Media
- it makes the world a worse place, it renders the Web a misinformation machine
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Sunday, August 17, 2025
- IRC logs for Sunday, August 17, 2025
- GitHub Won't Last Much Longer
- Many things at Microsoft are going to go the way of the Skype (or "dodo"). GitHub will be among those.
- We've Never Used Large Language Model (LLM)
- we just never used an LLM
- "Secure Boot" is a Security Problem, Not a Solution
- These people don't try to improve security but to undermine security
- Gemini Links 18/08/2025: Retro and Endless Escape from the WWW
- Links for the day
- Working Whilst Away From Home
- Decades ago being away meant all sorts of problems associated with workflows and connectivity
- The Next Version of Windows Will Always be the Best (for Microsoft)
- It's worse and slower over time
- "End of the Smartphone Era" According to Jeffrey Epstein's Key Enabler
- They call it "sour grapes"
- Links 17/08/2025: Strike Downs Air Canada, Postmortems of Putin's Red Carpet Summit
- Links for the day
- Links 17/08/2025: Slow Tools and Enshittification of YouTube
- Links for the day
- Don't Talk to Bullies
- This serious matter is still being examined by British authorities
- Links 17/08/2025: "The Performance of Power" and "My Undesirable Friends"
- Links for the day
- Growing Our Reach
- Our goal was never "hits"
- The Russian Vision of Technology
- Russia's surveillance is very extensive
- Sooner or Later Almost Everyone Will Know "AI" is Just a Go-To, Misused, Misapplied, and Grossly Overused Term of Liars and Con Jobs Who Ride a Ponzi Scheme
- At the expense of people gullible enough to "invest" in this or take salaries/bonuses in the form of "stock" (tied to a Ponzi scheme)
- The Register MS Has Begun Using Slop Images
- It's not clear when it started; but it's definitely getting worse [...] Worst of all are 'articles' about slop that are themselves slop
- Reddit Funded by Microsoft
- Reddit is merely a filter and we knows who controls that filter (using money)
- When It Comes to Technology, Mozilla and Firefox Are Illiberal
- Last month in Planet Debian we saw one more person explaining to everyone how to "turn off" DRM in Firefox and hide the pop-up/s
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Saturday, August 16, 2025
- IRC logs for Saturday, August 16, 2025
- The Open Source Initiative Has Many Scandals, We'll Try to Summarise Them All
- Open Source Initiative (OSI) hates facts
- Open Source Initiative (OSI), Wikipedia, Molly De Blanc, and Censorship/Reputation Laundering
- OSI is like SPLC. The old name remains, the mission changed
- Gemini Links 17/08/2025: Misunderstanding "Geminiverse" and Let's Encrypt
- Links for the day
- Links 17/08/2025: Breaches, Layoffs, and Scams
- Links for the day