Bonum Certa Men Certa

Red Hat Betrayed the Free Software Community With Its Software Patents' Stockpiling Drive and Then a Sale to the Biggest Software Patents Lobbyist

Even after the sale of Red Hat (Microsoft was entertained too as Red Hat considered a sale to Microsoft) IBM continues to shake down companies using a mountain of patents (to the point of filing lawsuits, just in case the defenseless companies don't shell out 'protection money'; Microsoft does the same)

Star Trek Klingon insults: 'Defensive' software patents for IBM blackmail: Red Hat commends its new masters for legitimising software patents



Summary: In 2020 Red Hat is little but a shadow of IBM, whose patent policy continues to threaten software freedom and whose lobbying for software patents (under the guise of "HEY HI") persists uninterrupted; this growing problem oughtn't be unspeakable

WE DULY apologise to readers who find our criticism of Red Hat (and by extension IBM) inconvenient, but we are being totally sincere. People who have read this site long enough are aware that for nearly a decade we've warned that Red Hat's patents would likely fall into untrustworthy hands. We even challenged Red Hat employees (like their legal team) on the matter and their responses weren't too convincing. Logical arguments just weren't on their side given the hypothetical scenarios presented to them (notably sale of Red Hat to a software patents proponent). This isn't the same Red Hat that publicly opposed software patents 15 years ago in Europe and even put money where its mouth was.



"People who have read this site long enough are aware that for nearly a decade we've warned that Red Hat's patents would likely fall into untrustworthy hands."Earlier this year we cited and even made screenshots of evidence (press reports) that IBM is still blackmailing small and large companies using a massive trove/portfolio of dubious patents, including if not primarily software patents. This has hardly changed since April. The new management, if it ever intends to put an end to this policy, will need to sack lawyers, not engineers.

"In-house counsel from IBM" was quoted the other day by Managing IP, which does yet more sponsored puff pieces (this one from Friday) for the litigation 'industry'. IBM has hardly changed its stance or its way. It's all rhetoric, marketing, soundbites and buzzwords. IBM is still a company of lawyers and it's a giant that pushes for secrecy and lousy software patents (by opposing 35 U.S.C. ۤ 101 and lobbying to water it down at the USPTO); remember that IBM also lobbies for software patents in Europe and falsely spoke 'for' "Open Source" (claiming that it had benefited from software patents -- clearly a deliberate lie).

"Sometimes they also tell us that "HEY HI" (or algorithms in that context) should be entitled to pursue patents -- in effect automatically-generated monopolies assigned to companies."And then there's all that proprietary nonsense like "Watson" and endless "HEY HI" (AI) nonsense. IBM isn't changing fast enough (if at all). We might note that a lot of the "HEY HI" media extravaganza was motivated by a patents gold rush. They try telling officials that "HEY HI" is so important and so innovative that "HEY HI" patents should be a priority and should be permitted. Sometimes they also tell us that "HEY HI" (or algorithms in that context) should be entitled to pursue patents -- in effect automatically-generated monopolies assigned to companies. It's as crazy as that sounds...

If the patent system is fast becoming a laughing stock, it's because of this "HEY HI" lunacy and the COVID-19 situation (patent offices try to spin it as 'proof' of patents' importance, but the public isn't gullible enough and it understands that the very opposite is true). If one looks at IBM's site, it's pretty much reducible to lots of "HEY HI" promises and brands like "Watson" (which they misuse the media to hail as some kind of marvel). They keep talking about COVID as if IBM is some kind of charity fighting for humanity.

Freshfields Bruckhaus Deringer LLP's Paul Abbott and Olga Sendetska have just written about this "HEY HI" hype (in relation to patents of course, as it has been a buzzword most exploited by patent maximalists) in Lexology and their site, which said:

For now at least, the “person skilled in the art” (PSA) is deemed to be a human (or team of humans), not a machine, despite having some machine-like characteristics – Jacob LJ’s oft quoted judgment in Rockwater v Technip describes the PSA as “a nerd” but “not a complete android”. However, the PSA may have the assistance of machines. The EPO’s Guidelines for Examination explain that the PSA is presumed to have “at his disposal the means and capacity for routine work and experimentation which are normal for the field of technology in question”. The factual question therefore is whether it was common to use AI in the relevant field at the time of the claimed invention.

In recent times, this may mean there is a gap between what the inventor had at their disposal (which might include, for example, quite advanced AI tools) and what the PSA is deemed to have (for example, only less sophisticated (or no) AI). Does that unfairly skew the system in favour of patent applicants? Or does it amount to a perfectly proper reward for those working at the cutting-edge of research using AI. We suggest the latter – there is no real distinction between this situation and the often-encountered situation of a well-funded laboratory making an invention by utilising equipment that has not yet become routinely available across the field.

This analysis works fine for AI-assisted inventions. But what about AI-generated inventions, in which the AI is fundamental to the core inventive concept? Assuming that patent protection should be permissible for such inventions, how can the traditional obviousness analysis be applied?


We've digressed somewhat, but "HEY HI" nonsense like this is not helping the legitimacy of the patent system. Au contraire. Even the patent offices know that. "First off, the USPTO handed down its decision in Re FlashPoint IP Ltd, where it had to consider whether AI can be an inventor under US law," wrote Jani Ihalainen the other day (post date modified to 5 days ago though it might go a couple of months back) in IP Iustitia, tackling the subject that "Artificial Intelligence Cannot be an Inventor of Patents," according to the world's major patent offices, including the EPO. To quote:

Artificial intelligence is a topic that is near and dear to this writer's heart, and something that has the potential to hugely impact the world of intellectual property law. Whether it is in relation to the possibility of copyright protection being afforded to copyright works by AI, or even inventions devised by the same, both the legislatures and judiciaries of the world will have to tackle these questions more deeply as the technology evolves and becomes more commonplace. However, recently many national governing bodies dealing with IP have handed down decisions relating to artificial intelligence and patents, which will undoubtedly shape the direction we will be heading.

First off, the USPTO handed down its decision in Re FlashPoint IP Ltd, where it had to consider whether AI can be an inventor under US law, and therefore could own patents for those inventions. The case concerned applications for a patent relating to devices and methods for attracting enhanced attention (Application No. 16/524,350), which was created by DABUS - an AI that was created by Stephen Thaler. DABUS was solely listed as the inventor for the invention in question (with Mr Thaler being listed as its representative and assignee for the rights). At first instance, the USPTO rejected the application due to a lack of an inventor, and Mr Thaler subsequently appealed the decision. The Commissioner of Patents then handed down its opinion earlier this Summer.


"HEY HI" has become an excuse for lowering the patent bar and also accepting all sorts of patents on algorithms (provided the code is framed as "HEY HI"). Since technical journalism is generally dying, we expect more of this "HEY HI" nonsense (they call almost everything "HEY HI" these days) to intensify or at least remain frequent. IBM will, as usual, play a big role in that. As for Red Hat? Well, Red Hat sold its soul to IBM. It doesn't have a say anymore. Red Hat is now Blue.

Recent Techrights' Posts

Shout-out to Christine From FOSSForce
Who noticed our short story
Apple's MacOS Shows Us the Vision of Computing That GAFAM Has for Us (Digital Prisons)
Freedom means "we the people" should be in control, not people being controlled by corporations (contemporary slaveowners)
GNU/Linux Users Are Not Cheaters
The bottom line is, most cheaters use Windows
 
Microsoft Lost Nearly Half of Its 'Cash Reserves' This Past Year
Is Microsoft (MSFT) the next Intel (INTC)?
The Year Isn't Over Yet, There Will be More Waves of Microsoft Layoffs
Nowadays Microsoft just tries to conflate/equate its energy waste with "value"
Saving the Planet With Honesty, Transparency, and Sharing (Not Only of Computer Code)
GAFAM is destroying the only habitat humans and other animals have and it'll only get worse
The Corporate Media Blasted Bitcoin for Destroying the Planet and Must Do the Same to Incite the Public Against the 'Great Rigging of Wall Street' (Under the Guise of "AI", the Latest Gold Rush)
"AI" is the next "metaverse" (trailing by a few months)
[Video] Richard Stallman is Back to Halo and Gown (in Peru) With 2+ Hours of a Public Talk
The globetrotting Richard Stallman gave many talks at the end of last month
Going Strong Against the Wind
the abuse serves to emphasise or affirm the importance of what we do
Links 04/11/2024: Squashing More Software Patents and Taiwan at Risk
Links for the day
Gemini Links 04/11/2024: Typing vs Writing and a Smol (Net) Pub
Links for the day
Links 04/11/2024: LibreOffice Had Adopted PeerTube, "Hey Hi" Hype is a Threat to the Energy Grids (Worse Than Fake-Coins)
Links for the day
[Meme] Social Control Telescreens With Microphone
Nineteen Eighty-Four
Not Boycotting Apple (Yet)?
"Apple Forces The Signing Of Applications In MacOS Sequoia 15.1"
statCounter This Month: Android Has Nearly Become Twice as Big as Windows
If it happened, it would be an unprecedented milestone
Why Technical Sites Need Not Make Political Recommendations or Endorsements
Except perhaps when it's for some purely technical role, e.g. FCC chief
[Meme] Apple Freedom
Freedom is... the ability to purchase as many 'i' things as you want
"Active" as in One URL, One Emoji, and 4 Words in One Week
Diversity community in Fedora
Apple Vision Pro Has Failed, Just Like "Metaverse"
Vision Pro lacks software
Things That Can Improve Election Integrity
the first two relate to "tech"
Rigging Elections is Difficult, Cheating a Little is Not
Avoid social control media, it is the biggest rigger of all
"People who live in glass houses shouldn't throw stones"
On throwing stones in a glass house
Our Stance on Electronic (or Digital) Voting Machines
The simple activity of voting and counting ballots does not require thousands of complex machines with hundreds of millions of transistors and hundreds of millions of lines of code
Microsoft and "Retrospective Re-writing of History..."
in YouTube anyone can make stuff up (as one goes along)
This Coming Week
Go exercise your right to vote
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 03, 2024
IRC logs for Sunday, November 03, 2024
Reddit is (Still) Lying and Faking
Don't fall for this phony idea that the above sites are grassroots or edgy; they're not
Links 04/11/2024: FCC, Broadband Industry Spar Over Net Neutrality; Software Patent Squashed
Links for the day
Gemini Links 03/11/2024: Official MyGemini.Space Announcement
Links for the day
Gemini Links 03/11/2024: Election Thoughts, Plagiarism, and LLM Slop
Links for the day
Links 03/11/2024: Deere 'Right to Repair' (RoR) and "Threads Bans Anyone For Mentioning Hitler"
Links for the day
[Video] "El Movimiento del Software Libre y el Sistema Operativo GNU" by Richard M. Stallman
The footage is a bit jittery (taken with a phone apparently, and there's no tripod available), but the sound is OK and the words (in Spanish) are comprehensible
Android at New Highs (47%), Windows at New Lows (24%), Suggests Latest Data From statCounter
So the market share of Android is about double that of Windows
[Video] Richard Stallman's Talk in Spanish (in Peru Last Week)
Alternative URLs too
The Media Focuses on the Wrong Scandal
The real scandal at MIT was Gates
Gemini Links 03/11/2024: Fantasy Life Day and Worship
Links for the day
[Meme] Write Us Drivers and GTFO!
When you realise sanctioning BRICS devs goes against the community
Decommissioning Copper Lines Makes Us Less Safe
We've essentially degraded the robustness or reliability of critical systems
Life of an Addicted Lolicon Who Can Also Code
Personal blog as an open diary
[Meme] Reporting Crime is Not a Crime
Obviously!
Manchester Party for Techrights
If you choose to come, of course we'll cover the cost of the food and treats (but not travel)
Privacy is Not a Crime (in Places Where It is a Crime the Regime is Typically Very Rogue)
Also, criminals lack "privacy rights" to hide their crimes from the public
GNU/Linux "Market Share" in Lebanon More Than Doubled in a Few Months
Maybe it's a reaction to something? Assassination in Haret Hreik was in July.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 02, 2024
IRC logs for Saturday, November 02, 2024
Nearly 40 Years Without Security Incidents
People who use Windows have come to sort of "accept" that security incidents are part of life or "normal"
[Meme] The Streisand Effect
Simon says, don't bother trying to suppress facts
Streisand Effect at IBM?
Trying to silence your workers isn't the best approach. It only makes colleagues even more curious.
Microsoft is a Gift That Keeps Giving (Future Stories to Techrights)
Microsoft has been trying to silence me using dirty tricks for nearly 20 years
Elon Musk Has Trashed Twitter for Ideological Reasons (and Propping Up Trump in Exchange for Financial and Political Favours Once in Public Office)
In case you didn't leave Twitter already, consider the fact that Twitter's (or "X"... whatever!) future is uncertain
Wall Street Has Demoted Intel, Seeing There May be No Future to Intel
Intel's loss isn't a loss to us
Free Software Licence Compliance is About Security Too
Linux as de facto proprietary off-the-shelf platform
Links 02/11/2024: Many Fakes in Social Control Media
Links for the day
GNU/Linux Usage Surveys: Up to 6.8% (With ChromeOS, Based on StatCounter) in Desktops/Laptops and Above 2% in Steam
Today StatCounter starts releasing graphs based on data for November
Gemini Links 02/11/2024: Petscop, Jokes, and RetroChallenge
Links for the day
Links 02/11/2024: Temu EU Probe and Shorts Trademark
Links for the day
The "Luddite" Complex
Sometimes simplest is best and sometimes "modern" is designed not with the buyers' interest in mind
SCO's Darl McBride Dead at Age 64
There's hardly any information about it, except we know he reached bankruptcy and 3 years later he died at a relatively young age
The 'Turning-Free-Code-Proprietary Foundation' (Linux/Microsoft Foundation)
LF will basically become just as sinister as its corporate sponsors
[Meme] Python Knows Its Bosses
Microsoft strings attached
Python Software Foundation is 'Cancel Culture' Rehomed
Python isn't grassroots and it doesn't really tolerate grassroots
DeVault "Closes Down His Mailing Lists Every Time There's a Scandal" and Also Censors Messages
Censorious code hosting platform
[Meme] Debt of About $20 Per Active User
Facebook isn't laying off tens of thousands for "efficiency" but for survival
What Social Control Media Really Is
Social Control Media, in a nutshell, isn't just bad if its controller is some foreign or hostile nation
Taking Ethics Lectures From Drew
Projection tactics
Links 02/11/2024: Facebook Stock Falls (Soaring Debt), Apple’s Quarterly Profit Down
Links for the day
Gemini Links 02/11/2024: Burnout, Emacs Bookmarks, and Smooth Migration
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 01, 2024
IRC logs for Friday, November 01, 2024