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
- KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
- It only serves to distract from real articles
-
- Gemini Links 21/11/2024: Alphabetising 400 Books and Giving the Internet up
- Links for the day
- Links 21/11/2024: TikTok Fighting Bans, Bluesky Failing Users
- Links for the day
- Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
- Links for the day
- Richard Stallman Earned Two More Honorary Doctorates Last Month
- Two more doctorate degrees
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Wednesday, November 20, 2024
- IRC logs for Wednesday, November 20, 2024
- Gemini Links 20/11/2024: Game Recommendations, Schizo Language
- Links for the day
- Growing Older and Signs of the Site's Maturity
- The EPO material remains our top priority
- Did Microsoft 'Buy' Red Hat Without Paying for It? Does It Tell Canonical What to Do Now?
- This is what Linus Torvalds once dubbed a "dick-sucking" competition or contest (alluding to Red Hat's promotion of UEFI 'secure boot')
- Links 20/11/2024: Politics, Toolkits, and Gemini Journals
- Links for the day
- Links 20/11/2024: 'The Open Source Definition' and Further Escalations in Ukraine/Russia Battles
- Links for the day
- [Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
- Problems cannot be addressed and resolved if merely talking about these problems isn't allowed
- Links 20/11/2024: Standing Desks, Broken Cables, and Journalists Attacked Some More
- Links for the day
- Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
- Links for the day
- Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
- Reprinted with permission from Daniel Pocock
- Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
- Reprinted with permission from Daniel Pocock
- This Article About "AI-Powered" is Itself LLM-Generated Junk
- Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
- Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
- Reprinted with permission from Daniel Pocock
- Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
- Reprinted with permission from Daniel Pocock
- Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
- Links for the day
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Tuesday, November 19, 2024
- IRC logs for Tuesday, November 19, 2024
- Links 19/11/2024: War on Cables?
- Links for the day
- Gemini Links 19/11/2024: Private Journals Online and Spirituality
- Links for the day
- Drew's Development Mailing Lists and Patches to 'Refine' His Attack Pieces Against the FSF's Founder
- Way to bury oneself in one's own grave...
- The Free Software Foundation is Looking to Raise Nearly Half a Million Dollars by Year's End
- And it really needs the money, unlike the EFF which sits on a humongous pile of oligarchs' and GAFAM cash
- What IBMers Say About IBM Causing IBMers to Resign (by Making Life Hard/Impossible) and Why Red Hat Was a Waste of Money to Buy
- partnering with GAFAM
- In Some Countries, Desktop/Laptop Usage Has Fallen to the Point Where Microsoft and Windows (and Intel) Barely Matter Anymore
- Microsoft is the next Intel basically
- [Meme] The Web Wasn't Always Proprietary Computer Programs Disguised as 'Web Pages'
- The Web is getting worse each year
- Re-de-centralisation Should Be Our Goal
- Put the users in charge, not governments and corporations in charge of users
- Gemini Links 19/11/2024: Rain Music, ClockworkPi DevTerm, and More
- Links for the day
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Monday, November 18, 2024
- IRC logs for Monday, November 18, 2024