Bonum Certa Men Certa

With Software Patents Abound, Free/Open Source Software Loses, Patent Lawyers Gain

Time for programmers to get actively involved and put an end to software patenting

The tax on development



Summary: The tax on development -- or the cost associated with patent-related mess -- is rapidly increasing and in the case of Free software it by far exceeds the revenue gained from distribution, which is usually $0

THE US patent system is extremely hostile towards Free software, which is why all sorts of groups like OIN came into existence (even if they're ineffective in practice). Put rather bluntly, the USPTO and Free software cannot coexist unless or until the patent examiners stop granting software patents and PTAB (or equivalent) tosses away already-granted software patents (there is a very high invalidation rate there).



Law 360, a site with stubborn paywalls, has this news about a new high-profile decision. It is worth noting that in SRI International Inc. v. Cisco Systems Inc. it's Free software, the software created by Sourcefire, which is deemed infringing. To quote Law 360:

Cisco Systems Inc. infringed two network surveillance patents owned by SRI International Inc., a Delaware federal jury decided Thursday, ordering the California tech company to pay nearly $24 million in damages.

SRI’s lawsuit had targeted products like Cisco’s so-called Intrusion Prevention System and some services Cisco acquired when it bought Sourcefire Inc. (Credit: AP) The eight jurors unanimously agreed the San Jose-based Cisco willfully infringed the patents with its network intrusion prevention products and failed to prove the patents were invalid.


What next? Jabber? Cisco deserves some credit for fighting back, but it lost anyway. This is bad news for Free software and it demonstrates the problem with software patents. Cisco should appeal if it's possible; maybe Alice can help here.

"Software patents are silent killers and the mainstream media does little or nothing at all to highlight this problem."Over the years we have covered several examples of Free software projects (programs, apps, plugins) which were killed (removed from the Net overnight) due to patent aggression, either litigation or threats thereof. Software patents are silent killers and the mainstream media does little or nothing at all to highlight this problem. This apathy is only made worse when they decide to quote patent lawyers, not software developers, regarding software patents (at times even just letting them contribute a whole column/article).

Another new article from Law 360 speaks about the massive legal fees in patent cases. To quote: "That rate has now reached $2,000 per hour, according to research conducted by BTI Consulting Group, a significant increase from the previous high of $1,600 reached last year and nearly three times the average rate clients pay for outside legal work."

"59% of Companies Pay at Least One Law Firm $1000 per Hour," one patent attorney wrote, to which Benjamin Henrion responded with "I always said it was a parasitic profession."

"The media is besieged by patent lawyers."How many Free software developers can afford patent lawyers at these truly extortionate rates? Why aren't developers not up in arms? Where is the resistance? The media is besieged by patent lawyers.

The Hill, the lobbyists’ media, is now occupied by patent maximalists for patent maximisation (no surprise here). To quote the disclosure of this latest propaganda piece: "Stoll is a partner and co-chair of the intellectual property group at Drinker Biddle & Reath and a former commissioner for patents at the United States Patent and Trademark Office."

And these people now pose as 'journalists'. Where are the software developers' voices? The proponents of software patents try to amplify Stoll's message with nonsense like: "Are patent decisions strangling our economy? Former Patent Commissioner Bob Stoll says yes."

"There is nothing that poses an existential threat to Free software (not the vendor captive FOSS) more than software patents and more involvement is needed from more programmers in order to put an end to that.""It's "his economy," Henrion pointed out. "Patent agents live off patents." Well, they also take over the media.

"DDR Holdings is no longer only point of hope for innovators and patent owners in software space," wrote another maximalist, "discussing Enfish" (which we have just covered).

As Henrion noted, is this "hope of the nightmare coming back?"

"Today we celebrate the anniversary of #MSFT's very 1st #patent," wrote a Microsoft account. "Cheers to 30 years of innovation & much more to come" (not innovation, blackmail, even against Free software).

As Henrion put it, "you mean the best nightmare for developers?"

We really need more developers -- not just Free software developers -- to get involved and counter these messages from patent lawyers, some of whom wish their way into more patents in Europe, including software patents that Germany is notorious for granting ("Are most patents in Germany valid after all?").

There is nothing that poses an existential threat to Free software (not the vendor captive FOSS) more than software patents and more involvement is needed from more programmers in order to put an end to that.

Recent Techrights' Posts

Microsoft Windows Falls to 19% in Congo, Only About 1 in 8 Windows Users (or 2-3% of Web Users) Are on Vista 11
The estimated share of Vista 11 fell sharply this past month
Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
 
Another Case Study Regarding Edge's Death
people adopt Chrome and a lot more people use obscure browsers than adopt the latest Edge
[Meme] A Question of Interests
'The Internet? We are not interested in it.' -Bill Gates, 1993
In the Romanian Browser Market, Microsoft is the 2% (Edge Down to 2.3%)
the Wintel era has ended
Gemini Links 17/08/2024: Selfishness and Offline BBSing
Links for the day
Frans Pop & Debian Day 2024: 31 years of deception and modern slavery
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 16, 2024
IRC logs for Friday, August 16, 2024
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024