Bonum Certa Men Certa

Software Industry Abducted by Patent Lawyers

Present



Summary: The passage of wealth from scientists to litigators, whose confiscation of a once-thriving industry leaves Linux in a bit of a limbo

FOLLOWING our polite proposal/message to Google (thanks to all those who helped) we have received DiBona's response, which we haven't asked for permission to quote here, so we won't. But the general message is that Google is unable to distance itself from reports about intentions to buy software patents. it is probably just a matter of time. DiBona, for those who do not know yet, is their FOSS manager, so asking others in the company is unlikely to give more reassuring answers. It is a little troubling. There is more business forming around software patents because companies like Google offer top bucks for these. Who is left then to fight the good fight and actually do what's right about patents? The legalese folks are marching in to the sound of software patents (going where they smell money). FUD about licensing tends to come from these people too. FUD and confrontation is a gold mine to them (copyright disputes).



Based on a report from New Zealand (where the patent situation received a lot of coverage recently), the legalese folks are passing patents around like "property" as explained in this new report:

The Aptimize assets that will pass into the hands of Riverbed include patents and at least one software development going through application for patent in New Zealand. The latter is in a race against the New Zealand Patents Bill, which is set to ban patents on software in this country.

“Riverbed has acquired all the assets of the company including the patents,” says a Riverbed spokesman. “Further patent processing will be handled at corporate level.”

The patents relate to software for improving the efficiency of web-page access.

The present text of the bill says “a computer program is not a patentable invention”. A finer series of tests are being crafted by the Intellectual Property Office of New Zealand according to which patents may be granted for software that has a “physical effect” outside the computer on which it runs; but it is doubtful that a patent would be granted for software to improve the efficiency of the computer it runs on.

The Riverbed takeover is likely to pitch the patent application into the equally uncertain territory of US law. This has no explicit exclusion or inclusion of software in the realm of patent, while the relevance of recent decisions on patentability of business methods to general software patent criteria is disputed.

The spokesman offers no comment on whether Riverbed will consider it worth pursuing more New Zealand patents.

Commentators on previous Computerworld stories have questioned both the existence of prior art (the previous development of a similar idea by someone else) and the obvious process of the innovation claimed in Aptimize’s existing patents.

“Aptimize's patent #566291 represents a simple compilation of existing techniques such as JavaScript aggregation, CSS aggregation and CSS sprites into a convenient proxy server,” wrote Jonathan Hunt, in response to a story earlier this year.

“Each of those [is a] well established technique. Adding them together is not inventive, and should not be worthy of a patent,” he further claimed, in a comment on the Computerworld website.


Is that not amazing? Some companies would rather disregard the law and pretend that their asset is a mere idea written on paper. Isn't that what trade secrete are for? Implementations are already protected by copyrights.

We previously wrote about the state of software patents in India as well. It is reassuring to learn that patents are generally declining over there, which doesn't mean that Indian firms won't file for patents in the USPTO and then troll a lot of companies as we saw last week. Anyway, in India developers seem to be safer:

The Indian patents system, having its seeds laid in the British era (1852) and undergoing sporadic replantations (the 1912, 1970, 2005 Patents Act & amendments), was appearing to grow tall and bear fruits until a noticeable downfall last year. It was surprising and interesting to note the sudden decline in the patents filed, examined and granted with the Indian Patent Office as highlighted in the Annual Report 2009-10 of the Intellectual Property Office India.


This might further justify hiring Indian software developers. The USPTO is just doing harm to north America.

Going back to Google, although it expands in India (I was interviewed for a Google job in India or Ireland 5 years ago), the headquarters are still in the US, so Google is being attacked from many directions for selling a Dalvik/Linux distro. Groklaw has this update on the case and IDG claims that there is breakthrough as both companies get criticised for the following reasons:

According to a Reuters report, the judge also criticised Oracle when it appeared hesitant about discussing financial details in court. "This is a public proceeding. You lawyers and companies are not going to handcuff the court. This is not a wholly owned subsidiary of Oracle Corp".

The court has also been hearing about various deals that were on the table between Sun and Google. In 2006, Google says it rejected a $100M three year deal to work with Sun to jointly build Android. Judge Alsup asked why the company had discussed a licence with Sun and was told by Google's attorney, Robert Van Nest, that there was no specific discussion of patents. Van Nest also noted that while a few lines of code in Android are "identical" to Java, that code probably came from a third party. A 2007 letter from a Google executive to Andy Rubin, Google's Android project leader, was cited by the judge as saying "We conclude we need to negotiate a licence for Java". Van Nest said Google's position remained that there was no infringement and therefore no wilful infringement.


More links derived from the above are to be found here and here. We may expand on that over the weekend, time permitting (I will be away most of next week). The short story is, Sun wanted to be paid for something it oughtn't be paid for. In the world of software patents, making something which merely resembles another (in software) can be viewed as a violation that merits a fine. We must reverse those ludicrous laws.

Recent Techrights' Posts

Brittany Day Can Rest and Let Microsoft/Chatbots Write Fake 'Articles' About "Linux" This Christmas
Who said people don't work on Christmas? Chatbots or plagiarism-as-a-service work 24/7, every day of the year except during Microsoft downtimes
 
[Meme] Time to Also Investigate Bill Gaetz
Investigation overdue
Microsoft Openwashing Stunts Initiative (OSI) is A Vulture in "Open" Clothing
it's quite telling that the OSI isn't protecting the Open Source Definition
IBM Has Almost Obliterated or Killed the Entire Fedora Community (Not IBM Staff)
Remaining Fedora insiders are well aware of this, but bringing this up (an "accusation" against IBM) might be a CoC violation
Links 25/12/2024: Fentanylware (TikTok) Scams and "Zelle Scams Lead to $870M Loss"
Links for the day
Links 25/12/2024: Windows TCO Brought to SSH, Terence Eden 'Retires'
Links for the day
Gemini Links 25/12/2024: Reality Bites and Gopher Thanks
Links for the day
Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day
Brittany Day Connects Windows Ransomware to "Linux" Using Microsoft LLMs (FUD Galore, Zero Effort, No Accountability)
FUD and misinformation made by Microsoft LLMs again?
Links 24/12/2024: Labour Strikes and TikTok Scrambling to Prop Up Radical Politicians That Would Protect TikTok
Links for the day
Where the Population is Controlled by Skinnerboxes Inside People's Pockets (or Purses)
A very small fraction of mobile users practise or exercise freedom/control over the skinnerbox
[Meme] Coin-Operated Publishers (Gaming the Message, Buying the Narrative)
Advertise (sponsor) to 'play'
Advertisers and Their Covert Impact on Publications' Output (or Writers' Topics of Choice, as Assigned or Approved by Editors)
It cannot be trivially denied that sponsorship in the form of "advertising" impacts where publishers go (or don't go, won't go)
Terrible Year for Microsoft Windows in Cyprus
down from 86% to 72% since January
[Meme] How to Kill Unions (Staff on Shoestring Budget Cannot Afford Lawyers)
What next for the EPO? "Gig economy"?
The EPO's Staff Union (SUEPO) Takes Legal Action to Rectify the Decrease in Wages (Lessening of Purchasing Power)
here is what the union published
Gemini Links 24/12/2024: Deedum Gemini Client Gets Colour Support, Advent of Code 2024
Links for the day
Microsoft Windows Slides to New Lows in Colombia
Now Windows is at an all-time low
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 23, 2024
IRC logs for Monday, December 23, 2024
A Strong and Positive Closing for the Year's Last Week
In a lot of ways this year was a good one for Free software
Feels Too Warm for Christmas
Christmas is here, no snow in sight
Links 23/12/2024: 'Negative Time' and US Arms Taiwan Again
Links for the day
Links 23/12/2024: The Book of Uncommon Beings, Squirrels, and Slop Ruining Workplaces
Links for the day
Links 23/12/2024: North Korean Death Toll in Russia at ~1,100, Oligarch Who Illegally Migrated/Stayed (Musk) Shuts Down US Government
Links for the day
The World's 'Richest Country' Chooses GNU/Linux
This has gone on for quite some time
Richard Stallman on Love
Richard Stallman's personal website includes a section that lists three essays on the subject of love
Apple's LLM Slop Told Us Luigi Mangione Had Shot Himself, BetaNews Used LLMs to Talk About a Dead Linus Torvalds
They can blame it on some bot
Microsoft, Give Me LLM Slop About "Linux" and "Santa", I Need Some Fake Article...
BetaNews is basically an LLM slop site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 22, 2024
IRC logs for Sunday, December 22, 2024