Bonum Certa Men Certa

IBM and Tandberg Abuse Software Patents by Using Them to Rip Off Real Innovators

IBM Netvista



Summary: Slashdot provides two new examples of why software patents are unjust and ripe for abuse

BIG BLUE (IBM), one of the causes of the software patents problem, is being accused of patenting some other developer's work. As Slashdot puts it:

"Back in 2001, I coded HeapCheck, a GPL library for Windows (inspired by ElectricFence) that detected invalid read/write accesses on any heap allocations at runtime — thus greatly helping my debugging sessions. I published it on my site, and got a few users who were kind enough to thank me — a Serbian programmer even sent me 250$ as a thank you (I still have his mails). After a few years, Microsoft included very similar technology in the operating system itself, calling it PageHeap. I had more or less forgotten these stuff, since for the last 7 years I've been coding for UNIX/Linux, where valgrind superseded Efence/dmalloc/etc. Imagine my surprise, when yesterday, Googling for references to my site, I found out that the technology I implemented, of runtime detection of invalid heap accesses, has been patented in the States, and to add insult to injury, even mentions my site (via a non-working link to an old version of my page) in the patent references! After the necessary 'WTFs' and 'bloody hells' I thought this merits (a) a Slashdotting, and (b) a set of honest questions: what should I do about this? I am not an American citizen, but the 'inventors' of this technology (see their names in the top of the patent) have apparently succeeded in passing this ludicrous patent in the States. If my code doesn't count as prior art, Bruce Perens's Efence (which I clearly state my code was inspired from) is at least 12 years prior! Suggestions/cursing patent trolls most welcome."


There are many comments in there. Glyn Moody asks, "so, IBM, which side are you on?" This is not the first such PR disaster for IBM and they probably deserve it. How long will it take for someone like Bob Sutor to do some damage control?

Our reader gnufreex told us about another Slashdot gem and remarked: "Companies are spying on mailing lists of Free Software projects and filing for patents"

Tandberg Attempts To Patent Open Source Code



"As if the current situation with software patents wasn't bad enough, it appears a new phenomenon is emerging: companies are watching the commit logs of open source projects for ideas to patent. In this case, Tandberg filed a patent that was step-by-step identical to an algorithm developed by the x264 project — a mere two months after the original commit. The particular algorithm is a useful performance optimization in a wide variety of video encoders, including Theora."


The Slashdot 'mob' has made this a major story and gave Tandberg lots of flak (there is also a big discussion in LWN). This got so serious that the original storyteller (the victim) felt compelled to post this update:

Update: Tandberg claims they came up with the identical algorithm independently: to be fair, I can actually believe this to some extent, as I think the algorithm is way too obvious to be patented. Of course, they also claim that the algorithm isn’t identical, since they don’t want to lose their patent application.

Also, stop harassing the guy whose name is on the patent: he’s just a programmer, not the management or lawyers responsible for filing the patent.

There’s been a lot of very obnoxious misuse of software patents in recent years. This ranges from patent trolls wielding submarine patents to overly-generic patents being used to scare everyone else out of a business. But at least in most of the cases, the patents were an original idea of some sort, even if that idea was far too general to be patented.


Jan Wildeboer from Red Hat wrote about it: "#EvilTrolling: Read Open Source commit logs, patent the commits, wait, PROFIT. How low can you go, Tandberg? http://is.gd/hOlF5 #swpat" (common shorthand for software patents). He later composed this blog post:

So according to the published information we have right now, it seems that Mr. Endresen filed a patent on something he didn’t create nor implemented. This could result in the true inventor being forced to remove his own code from his own software to avoid patent infringement. How weird is that?

This is patent business as usual. Unfortunately. While the politicians all across this planet are discussing stricter regulations on so-called plagiarism, infringement etc (think ACTA) this specific form of taking someone elses work and claiming to be its inventor is perfectly legal.


The Inquirer is more blunt, as usual. "Tandberg rips off an open source project" is the headline and the opening says:

PATENT TROLL Tandberg has ripped off an algorithm developed by the open source X264 project for encoding video streams by registering a patent application for the same code.

Companies that exist for the sole purpose of firing off lawsuits for patent infringement are bad enough, but it looks like Tandberg has gone a step further by pilfering patent claims from an open source project commit log.


Patents turn out to be not just an impediment to Free software development; patents are also being used to rip people off -- especially people who are honest enough to share their ideas. Petition for an end of software patents to stop this abusive madness.

Recent Techrights' Posts

[Video] Richard Stallman Questions and Answers Session in Google's YouTube or Invidious
From last night
Slopwatch: Anti-Linux Articles Published by Bots, Dominating Google News
So a lot of the Web is Microsoft chatbot-generated anti-Linux FUD
Macho Patent Office
At the EPO there's always room for women in top roles
Gemini Links 12/02/2025: "Bream Gives Me Hiccups", Making Chinese Tea, and More
Links for the day
This is Why Codeberg Issues an Apology Today
This response was clear and relatively swift
Destruction and Distortion of Information, Including Facts About Linux (Bonus: This is Destroying the Planet)
All that LLMs have going for them is hype, and moreover media that intentionally misrepresents them and their supposed capabilities
 
Still Waiting for the EU to Abolish the Illegal and Unconstitutional Court Linked to EPO Corruption and Lobbyism by the Patent Litigation Industry
Sadly, all the blogs that used to talk about those issues have been infiltrated and then completely hijacked by the very perpetrators of the illegality
Social Engineering of the Free Software Movement is a Corporate Takeover With Code of Conduct (CoC) to Drive Out or Expel Dissent
Richard Stallman (RMS) covered "cancel culture"
Links 13/02/2025: Mass Layoffs at Google (Disguised as "Buyouts"), Telecoms Price Hikes as Collusion/Price-Fixing
Links for the day
Gemini Links 13/02/2025: Broken Watches and Naming Types
Links for the day
Corrupt Bill Gates Worming His Way Into Richard Stallman Videos in Google's YouTube
Reputation laundering riding other people's names?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 12, 2025
IRC logs for Wednesday, February 12, 2025
Links 12/02/2025: Crytek Layoffs, Security Holes, and Giving Ukraine to Russia
Links for the day
Relaying GAFAM Talking Points and Lies Using GAFAM LLMs, or Slop Pasted in by Brittany Day
linuxsecurity.com is relaying slop, i.e. misinformation
Photos From This Evening's Talk by Dr. Richard Stallman in Torino, Maybe a Video Soon
The talk that Dr. Richard Stallman gave today (a few hours ago) was recorded and streamed
IlSoftware.it Covers Richard Stallman's Visit to Give Talks in Italy
The publication is in Italian, the talk was in English
EPO Staff Representatives Confront the President Who Says 'F--king' in Front of Female Workers Over Measurable Discrimination Against Female Colleagues
Central Staff Committee versus Lukashenko's sponsor
The Register Studies (to Affirm) Reports of IBM Layoffs "at the Finance and Operations business unit"
something about that specific unit
Links 12/02/2025: SSL FUD, DEI Phase-out, Felonies Committed by MElon (Data Breaches)
Links for the day
Italian Media Covers Richard Stallman's English Talk Ahead of Tonight's Public Appearance
article in La Stampa
Google Seems to Have Just Killed All Instances of Invidious
YouTube is rapidly becoming just "another Neflix"
Microsoft Skype in a Freefall: About 20% Decrease in Site Traffic in 3 Months (Amid Microsoft Phasing Out Credits)
Microsoft axing more services/features may mean that now they scrape the bottom of the barrel and Skype will simply die, discontinuing service (like ICQ) in a matter of years
Gemini Links 12/02/2025: Depression, Gabbro, WikiTok, and More
Links for the day
Links 12/02/2025: Health, Security, and Monopolies
Links for the day
Gemini Protocol is Increasingly Important to the Net
Gemini Protocol will turn 6 this summer
Former EPO Manager Warns That the Illegal 'Court' for "Unitary Patents" Enables “Law Shopping”
Daniel X. Thomas opposed the very existence of the UPC, which any honest person could recognise was both illegal and unconstitutional
Like GAFAM, the EPO is Passing the Financial Pains to Staff
the EPO is operating illegally at this point
Morale at Microsoft Ruined by the Company Labelling Thousands of Workers 'Low Performers', Sacking Them on the Spot and Denying Them Basic Benefits
people laid off as "low performers" go to social control media to bemoan the label
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 11, 2025
IRC logs for Tuesday, February 11, 2025
Links 11/02/2025: Current state of the Internet and Smallnet Information Services (SIS)
Links for the day
Conservative Estimate: Over 10,000 IBM Workers to Be Laid Off in the Next Two Waves
The morale is low and layoffs are expected soon, with mass layoffs likely happening next month and then again later
Links 11/02/2025: Trade Wars and "Crisis for American Universities"
Links for the day
Parasitic LLM Slop Sites Destroy the Ability to Find "Linux" News in Google News
Remember that Google News laid off lots of its workers
Richard Stallman's English Talk in Italy Less Than 24 Hours Away (Torino) and Then Another Talk in Italy Scheduled (University of Bozen-Bolzano)
He's active and he travels a lot in spite of his medical condition
IBM Layoff Rumours, Large-Scale Implementations Weeks Ahead (in March 2025)
There are some people corroborating
Links 11/02/2025: Nutritional Poverty, Closure of USAID, More Fictional 'Valuations' Around Buzzwords
Links for the day
Perl Programming Leftovers
recently in perl.org
Microsoft in Africa: From 98% to Less Than 10% in Just 16 Years
Microsoft being on less than 1 in 10 Web-connected devices in Africa is a very big deal
Almost as If MElon Reads Techrights
The joke we started appears to be spreading
Microsoft Blasted for Adding Insult to Injury: Workers Laid Off Without Prior Notice, Without Severance Payment and Basic Coverage (Like Health), Then Stigmatised as Bad Performers So They Cannot Find a Job Elsewhere
Such stereotypes end entire careers
Gemini Links 11/02/2025: NeoVim and Deploying Other People's Code
Links for the day
BetaNews is Still Publishing LLM Slop/SPAM About "Linux"
Assuming it is indeed LLM slop, it seems clear BetaNews has no intention of improving or is simply unable/unwilling to improve
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 10, 2025
IRC logs for Monday, February 10, 2025