Bonum Certa Men Certa

Why We Disagree With Peer to Patent's Approach

FOSS stamp



Summary: Why the strategy of reviewing software patents rather than tackle all of them through legislation only helps those who insist on legitimising them

THOSE who have read this site for while probably know that we do not endorse Peer to Patent. After some arguments over at Identi.ca [1, 2] it seemed reasonable to repeat an explanation that we gave here many times before, e.g. [1, 2, 3]. Glyn Moody explains that "it can't hurt if we squish a few software patents, can it?" He actually wrote a whole article in response to some of the latest developments in the UK-IPO. In it, Moody argues:



Anything that stops more bad patents being granted - particularly in the field of software - is to be welcomed. Once the site launches next week, you might want to take a look - and maybe even join in if you see something that deserves to be squelched. It's hard to say what impact this will have on the attempts to patent software, but it certainly can't hurt.


Our concern is that by giving attention to patent-busting schemes like those advocated by the EFF, Groklaw (currently run by Mark Webbink, who is very closely associated/affiliated with Peer to Patent) and other initiatives like Peer to Patent we take away from the efforts of those who strive to abolish all software patents at once. There are some companies out there which are still patenting 3-D maths and these patents might be harder to invalidate. They harm real science, including the field that I work in. In Europe we do not formally have software patents and it is important to keep it that way. The FFII warns about [1, 2] the latest schemes of Barnier, whom we wrote about in many older posts. There are people inside Europe -- people with a lot of power -- who work hard to bring software patents (importing them from the USPTO for example). They need to be stopped urgently. To start gardening the UK-IPO's monopolies arsenal with Peer to Patent is not good use of time and effort.

"To really abolish software patents, embrace the campaigns of the FFII, the FSF, ESP, and the FSFE."All the efforts to abolish software patents might in some sense be complementary, but we advise people to work 100% against software patents, not legitimise them with the OIN or with Peer to Patent (to whom the issue is the quality of patents, not software patents in general). Those latter two groups help the agenda of companies like IBM, but they do not do enough to help small companies and individuals without an employer boasting a warchest of around 50,000 patents. To really abolish software patents, embrace the campaigns of the FFII, the FSF, ESP, and the FSFE. Being a conformist does not help much.

"The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man." --George Bernard Shaw, Man and Superman (1903) "Maxims for Revolutionists"

Recent Techrights' Posts

Linux Foundation Has Found a New Business: Pyramid Schemes
Linus Torvalds should have known better
IBM's Total Debt is About to Hit Almost 80 Billion Dollars, the Company Can Only Raise $14.8 Billion Within 3 Months
Route towards insolvency, not just irrelevancy
IBMers Impacted by the Mass Layoffs (Which IBM Tries Not to Talk About) Are Livid as the CEO "Spends 11 Billion He Doesn’t Have"
IBM dooms both its brand and its future
Consumerism and Christmas
Many of us yearn for prior decades when December was about family, not shopping
 
IBM: We Lay Off Tens of Thousands of People the Very Same Week We Spend 11 Billion Dollars (Debt) on "AI" Fantasies, Hiring About 8,000 People at Cost of 1.3+ Million Dollars Per Employee
Seems like IBM is run by fools
Google Still Promotes Plagiarism From WebProNews and Prolific Slopfarms
Google News seems lost and hopeless sometimes
Links 09/12/2025: Tariffs Causing Great Harm and "How to Leave the U.S.A."
Links for the day
Links 09/12/2025: "After the Bubble" (of Slop), "The Internet Forgets"
Links for the day
Gemini Links 09/12/2025: Lunar Observations and Programming
Links for the day
They Won't Tell You This ("Revolution Won't Be Televised"), But the Slop Bubble Already Burst
We already wrote about it twice this morning
UbuntuPIT Started Experimenting With LLM Slop and a Month Ago It 'Died'
This is the typical trajectory of slopfarms
LibreWolf Will Turn Six in March, It Already (Probably) Has Millions of Users
It's not possible to know the number of users LibreWolf has
The Year of the New Dark Age
Something isn't right
Slopwatch May be Doomed
Slop isn't changing the world, certainly not in a good way anyway
BetaNews Still a Dodgy Site, It Seems to be Partly Run by Chatbots
The company that took over apparently tries to "monetise" the domain with slop
Tomorrow the EPO Administrative Council is Meeting to Discuss the EPO, Contact Your National Representative Today
Final versions of the EPO Administrative Council photo gallery
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 08, 2025
IRC logs for Monday, December 08, 2025
'Linux' Foundation 'Research' (Marketing) Has New Report About "Open Source" and It Was Made Using Proprietary Software and Not Linux
what 'Linux' Foundation 'Research' is
Links 08/12/2025: Cambodia-Thailand Air Raids, Japan/China Military Incident
Links for the day
The "Cut 10,000 Jobs" Clickbait and Microsoft Sites Now Speculating That Microsoft CEO Has Just Signalled More Mass Layoffs
by our tally, Microsoft had more than 30,000 layoffs this year, not 15,000
Canonical Outsourcing Ubuntu to Microsoft Results in Broken Ubuntu, Just as One Can Expect
State actors and Microsoft prefer it that way
Mocking a Software Developer for Using the Terminal or Programs Like Emacs
A decade ago someone asked RMS (Richard Stallman, founder of the free software movement) to send a screenshot
OpenAI Traffic Collapsing (for 3 Months in a Row About 20% Down Per Month), Bankruptcy Likely Soon
How much time has OpenAI got before its massive debt is too much for anyone to shoulder or bear?
IBM + NDA = Laid Off Workers Saying "Thank You" for the Layoffs
The important thing is, for now, more people become aware of it
Monsieur Claude Sahl, Part of the Administrative Council of the EPO (Which Fails to Administer the EPO), Has Been There For Over 30 Years
They have basically built themselves a very expensive palace in Bavaria (Germany), in which to grant European monopolies to billionaires and companies that aren't even European
Open Letter to the Administrative Council of the EPO Calls For Action as Salaries Decrease (Just Like Patent Validity)
Based on what I heard and spoke about with journalists, they accept there is a substance abuse problem at the EPO's management
Links 08/12/2025: "Leaving Intel" (Exodus Continues) and Ways "to Civilize Digital Life"
Links for the day
Gemini Links 08/12/2025: Earbuds and Offline 'Smartphones'
Links for the day
Books About Bubbles
calling things "AI" and "AIs" can mislead the reader
Links 08/12/2025: Slop Failing and Windows Users Won't 'Upgrade' Due to Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 07, 2025
IRC logs for Sunday, December 07, 2025
IBM's Mass Layoffs Will Continue Until Morale Improves
From recent hours
Links 07/12/2025: Political Catchup, Conflicts, Environmentalism
Links for the day
Gemini Links 07/12/2025: "Lazy Saturday" and Kubernetes With FreeBSD
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 06, 2025
IRC logs for Saturday, December 06, 2025