Bonum Certa Men Certa

Linux Heavyweights Speak Out Against Patents

Rob TillerSummary: Tiller and Zemlin join the movement against patent monopolies that impede development

QUITE a few Linux figures -- Torvalds included -- speak out against software patents this month. This becomes an urgent matter because of what happens in the market.



Firms whose main or only business is arms trade of patents make their appearance and patent battles go further by targeting increasingly abstract ideas. Consider this from the news:

Patent disputes are nothing new in the technology market, but they have typically centered around consumer product usability and design. Now, IBM partner BrightStar Partners (BSP) is under fire for its work on IBM Cognos analytics software--and the suit comes just as BSP is set to be snapped up by electronic component distributor Avnet. In a world where solving problems seems to always involve lawyers and courtrooms, what does this latest patent problem mean for midsize IT?



Rob Tiller, self-professed "Rock Star", asks about abolishing software patents -- an issue that he and Red Hat have been rather equivocal about (Red Hat follows IBM's lead). Tiller writes:

The paper by two distinguished professors of economics, Michele Boldrin and David K. Levine, is titled The Case Against Patents. Boldrin and Levine review some of the lamentable realities of the U.S. patent system, including the dramatic increases in issuance of patents that block future innovation, and in the quantity and cost of patent litigation. They also point out that patents are often detrimental to consumer welfare, as once-but-no-longer innovative companies use patents to block competitors.



The corporate press is promoting patents again, only to meet reality check:

CNN Counts Patents, Mistakes Them For Inventiveness



For many years, we've pointed out that the research shows that patents are not a proxy for innovation. In fact, they're not even clearly correlated. There is no link between the amount of innovation and the number of patents received. The only thing that patents seem to spur is... more patents. But... because patents are often falsely associated with innovation and because they're easy to count, it's a very easy way for the lazy press (and politicians) to assume that they're showing how innovative a certain geographic region might be. We've actually called CNN out on this lazy trope before, but it hasn't stopped them from coming right back and posting a silly article about the "most inventive states" based entirely on patent counts.


Patent maximalists infiltrate patent panels, only to be called on it:

We've been talking a fair bit about the UN's International Telecommunications Union (ITU) -- the legacy group that's been around in one form or another for over a century and a half, trying to regulate how telco systems work across national borders. Much of the concern has been about its plans to expand its purview over the internet.


Wired is to start a whole series of articles about the patent problem:



We already know the patent system is broken. And it desperately needs to be fixed: Patents affect and will continue to affect nearly every technology business or product we use. So for the next few weeks, Wired is running a special series of expert opinions – representing perspectives from academia to corporations to other organizations — proposing specific solutions to the patent problem.


Patents are on their agenda as an alternative form of protectionism. Now that Free software is under attack from patents we must make it a priority to tackle this whole issue. Apple is trying to ban Android devices around the world while Google (Motorola) is battling Microsoft in court. Usefully enough, despite funding from IBM, Intel and other promoters of software patents, Mr. Zemlin speaks out against patents (he abstained from that several years ago):



The innovation and collaboration inherent in Linux and open source technologies can also fuel scientific breakthroughs and a burgeoning economy, but that innovation and collaboration is being threatened by a culture of paranoia and exploitation of the U.S. patent system. A recent New York Times story reported that Apple and Google are spending more on patent litigation than on research and development (R&D). The story also pointed to data from Stanford University: $20B has been wasted on patent litigation and patent purchases in just two years - in just the smartphone market.

This starts to illustrate why the U.S. has lost ground in the global science and technology space.

Most importantly and most disturbing, though, is how this culture of paranoia is discouraging our would-be entrepreneurs, the individuals who form the foundation of our economy, who are the most innovative among us, and who understand the power of collaboration. The same New York Times articles tells the story of Michael Phillips who, after spending three decades developing software that began to attract the attention of both Apple and Google, was targeted by a patent owner. At this point in any scenario like this, the options for the entrepreneur are limited: death by lawsuit (go bankrupt trying to pay fight the case) or succumb and turn over all your hard work. In Phillips’ case, he ended up selling his company to the patent holder.



How timely must this lawsuit be. Microsoft's slaves at Nokia are said to be making Android devices more retarded. There are workarounds though, as "[t]he word “mobile telephone” is mentioned four times in the Nokia patent, but obviously it says nothing about tablets. The wording of the Nokia patent could very well be why Google left the feature off of smartphones. If Android-based phones would have supported multiple users it could have opened up the door to a lawsuit, or even required Google and its partners to pay licensing fees to Nokia. Keep in mind this is just speculation at this point."

Microsoft's co-founder is also suing Android with some software patents. Here is the latest on that:



Interval Licensing's infringement suit against AOL, Apple, Google and Yahoo! moves forward, the stay pending the USPTO reexamination outcome having been lifted. Now it is on to claim construction, and not surprisingly the parties have highly divergent views of what the claims mean or if they mean anything whatsoever (i.e., they are ambiguous).



Watch what Apple has just patented:

Referred to as "Touch screen device, method, and graphical user interface for providing maps, directions, and location-based information," the patent, which was awarded by the U.S. Patent and Trademark Office, describes -- as one might expect from the title -- the way in which maps, directions, and location-based information are displayed on a touch-screen-equipped device.


Apple has already used such patents offensively. These can be assumed to be a weapon. Techrights will focus on the issue of patents until it's properly addressed by governments; the goal now is to educate people (voters). Many were smart enough to understand what Novell's deal with Microsoft was all about.

Recent Techrights' Posts

Free University of Bozen-Bolzano Proud to Host Free Software Talk by Richard Stallman
ahead of Monday's talk
Slopwatch: Anti-Linux Machine-Generated FUD (LLM Slop) From GBHackers, CybersecurityNews, and Guardian Digital, Inc (Google News Promotes Slop Plagiarism, Misinformation)
Companies that lie try to drown out the signal with falsehoods
 
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.
Links 21/02/2025: Linux Foundation Openwashing, Microsoft Copilot Goes Down
Links for the day
Links 21/02/2025: Doomscrolling and European Ham Radio Show
Links for the day
Links 21/02/2025: TikTok Layoffs, WebOS Software Patents in Bad Hands
Links for the day
Gemini Links 21/02/2025: Web Browsers, Mechanical Shortcuts, and Internet Hygiene
Links for the day
Richard Stallman 'Only' Founded the FSF
there's no reason to be upset at the FSF for keeping their founder in the Board
Techrights Disconnected From the United States Two Years Ago
Did people really need to wait for the US government to become this hostile towards the media before recognising the threat?
Before Trying Censorship by Extortion the Serial Strangler From Microsoft Literally Begged Us to Delete Pages
This is very clearly just a broad campaign of intimidation
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025
gbhackers.com is Not Hackers, It's LLM Slop Outputs (Fake 'Articles') That Attack 'True Hackers'
A site called linuxsecurity.com keeps doing this and now we see the slopfarm gbhackers.com doing the same
Gemini Links 20/02/2025: Law of Warming and Cooling, Health, and Devlog
Links for the day
linuxsecurity.com Continues to Spread Lies or Machine-Generated FUD (Microsoft LLMs Likely the Source) About OpenSSH and Linux
this LLM problem is global
Links 20/02/2025: Microsoft Infosys Layoffs and IRS Layoffs (Good News for Rich Tax Evaders)
Links for the day
IBM Layoffs in Europe Already Happening or Underway (UK and Spain). They Try Not to Call These "Layoffs".
"CIO" in particular was repeatedly mentioned lately, as was Consulting
People Who Came From Microsoft Demanding Removal of Articles About Them, About Microsoft, and About Microsoft GitHub is "Generous" (According to Them)
Imagine choosing a law firm that borrows money in the same year just to avoid overdraft in the bank!
Possibly a Third Round of Mass Layoffs at Microsoft in 2025 ("Cloud Solution Architects, Customer Roles"), Report Removed or Censored
This is literally the top story for "microsoft layoffs" right now
Instead of 'DoS Protection' Cloudflare is Allegedly Conducting 'DoS Attacks' on Users of Browsers Other Than Firefox and GAFAM's DRM Sandboxes (Chrome, Safari and Others)
If you value the Web, you will avoid Cloudflare
Mixing Real With Fake in One 'Article' (by "Director of Content, Help Net Security")
From what we can gather, he got machines to generate some slop for him
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 19, 2025
IRC logs for Wednesday, February 19, 2025