In case you haven’t seen it yet, the fourth episode of Kirby Ferguson’s “Everything is a Remix” series went live in mid-February on Ferguson’s site. As in the previous three episodes in the series, Ferguson examines modern attitudes toward “intellectual property” and how these attitudes rather counterintuitively stifle creativity rather than fostering it.
Part 4 of “Everything is a Remix” deals largely with the contentious subject of software patents, a subject we’ve covered many times here at TUAW. According to Ferguson, 62 percent of all patent lawsuits are now over software patents, and he estimates the total wealth “lost” (read: siphoned off from “infringing” companies and individuals towards patent holders and their lawyers) at half a trillion dollars.
“We’ve always been shameless about stealing great ideas.”
Just because you had what it takes for a good Linux-related job a decade ago, it doesn’t mean that you have what it takes today. The Linux landscape has changed a lot, and the only thing that’s really stayed constant is that a love of learning is a requirement.
What employers want from Linux job seekers is a topic I’ve spent a lot of time thinking about, but this post by Dustin Kirkland got me to thinking about just how drastically things have changed in a very short time. The skills that were adequate for a good Linux gig in 2002 may not be enough to scrape by today.
Google is working with Adobe to keep its proprietary Flash player alive on Linux. The two companies have been working closely to develop a single modern API for hosting plugins within the browser (one which could replace the current Netscape plugin API being used by the Flash Player).
Adobe today said that it would stop offering direct downloads of Flash Player for Linux, telling users to move to Google’s Chrome browser, which bundles Flash with its updates.
Today’s demotion of Flash Player on Linux to Chrome-only was the second time in the last three months that Adobe has withdrawn some or all support from a version of the popular media software: In November, Adobe announced it was abandoning development of Flash for mobile browsers, including the new Chrome for Android.
Adobe has issued a statement this morning that they will effectively be abandoning Flash Player support on Linux. After Flash Player 11.2 they will no longer be providing updates for Linux users but just maintaining the 11.2 release. Google is expected to take over with a Flash Player implementation based upon a new API, but only for Google Chrome-based web-browsers.
Hitting my inbox this morning was Adobe and Google Partnering for Flash Player on Linux. The statement is brief but basically it says Google and Adobe have been working to develop a modern API for web-browser plug-ins. The result of this collaboration is PPAPI (codenamed “Pepper”) and is designed to be work for different web-browsers and operating systems. The Pepper Plug-In API is something that Google has been working on for at least the past three years to replace NPAPI (the Netscape Plug-In API).
Linux is dead on the desktop…and it died long ago. Who hasn’t heard that?
Apparently, the 1,500 school children whose happy faces could not hide the illusion of using a laptop for the first time didn’t. They just received their own Linux-powered computers…wow! That’s a lot of dead computers!
True…1,500 dead PCs is far too modest to worry about…but the total number of Linux computers that the government will give to students for educational purposes is 25,000! Whoa! Now, that is more than enough to call it a zombie apocalypse!
A set of open source designs for the RECS Compute Box, a high density server developed by German start-up Christmann Informationstechnik, will also be created. It is hoped that these designs will allow other projects or commercial data centre operators to build on the research conducted by the CoolEmAll project.
The Btrfs and MD code offers new ways to change RAIDs while keeping data intact. Ext4 filesystems can now be expanded more quickly. The kernel also gained a driver for an upcoming storage device interface.
When running some tests on the latest Mesa 8.1-devel Gallium3D code-base for the “R600″ Radeon Gallium3D driver, I was surprised by some of the results.
Coming up in the next few days will be benchmarks of Radeon Gallium3D using Mesa 8.1-devel compared to the recently-released Mesa 8.0.1 and the previous releases of Mesa going back for as long as the R600 Gallium3D driver has functioned. While Mesa 8.1 has just been in development for about one month, there’s already some interesting improvements for at least Radeon Gallium3D.
About 10 years ago I decided I didn’t feel comfortable running a proprietary operating system on my computer anymore and made the leap to Linux, and like many converts, I had to give up PC gaming. I moved over to the next best thing, joining the legion of console gamers, but once and awhile there would be that one big PC game that I would miss out on.
The OnLive MicroConsole promises to change all that. With this device, it’s now possible to play some of the hottest titles on the PC…without the PC. For those of us running free and open source operating systems, this little device can get you back in the game (literally), and it even runs Linux!
Plasma Active looks so nice in so many of the details, but there is one place that sticks out like sore thumb an which we really haven’t been able to get replacement artwork for: those icons in the upper right corner.
The Home icon is nice enough and looks like it belongs. It won’t be there on all Plasma Active devices either: on Spark we have a Home hardware key and so will probably be using that exclusively instead of an icon in the panel.
In the middle of cold January, the team behind DigiKam met in Genoa, the sunny old port city in northern Italy. DigiKam is the award-winning KDE photo management application. Participants started gathering in the evening on Thursday 12 January, getting together over dinner to form new friendships and to find out how people’s lives were going. The next day, real work started.
François Dupoux proudly announced last night, February 21st, a major release of his popular SystemRescueCd Linux-based operating system for rescue and recovery tasks.
I am announcing the release of ConnochaetOS 0.9.1. This is a maintenance release. The ConnochaetOS 0.9.0 ISO was downloaded 20,000 times. The Free Software Foundation examined every package very closely and said, that we meet the FSF’ criteria at this point. So we consider that the ConnochaetOS project is a success.
The DragonFly 3.0 release is here! This release was delayed from our regular schedule for tracking down what appears to be a AMD CPU bug. As a pleasant side effect, the giant kernel lock has been removed from much of the system and this release performs significantly better on multi-core systems than previous DragonFly versions.
DragonFly 3.0.1 is now available! This release has superior multiprocessor support compared to previous versions. Speed has improved significantly. Binary packages from the 2011Q4 release of pkgsrc are available. Check the release notes for details.
The Mageia development team has announced the arrival of the first beta of version 2 of its Mandriva Linux community fork. This beta 1 release is aimed at developers and testers, and is based on the current stable 3.2.6 Linux kernel, which will be upgraded to Linux 3.3 before the final release.
Red Hat, Inc. (NYSE: RHT), the world’s leading provider of open source solutions, today announced that the Cornell University Institute for Biotechnology and Life Science Technologies is using Red Hat Storage, formally Gluster, technology to manage data-intensive research projects. With Red Hat Storage Software Appliance, the department is experiencing cost-effective, highly available and scalable storage, and using it for such projects as DNA sequencing. It has delivered flexibility and reliability that has allowed the Institute to achieve the growth needed to continue its research programs, while increasing researcher productivity due to the high availability of the data.
A representative told Linux User & Developer that there are currently no plans to release Ubuntu for Android on the Android Marketplace, but that they are in talks with phone manufacturers to include it with specific devices.
LINUX VENDOR Canonical will show off a Motorola Atrix 2 running its Ubuntu for Android Linux operating system to mobile phone vendors at Mobile World Congress (MWC).
Canonical’s Ubuntu Linux distribution is arguably one of the most popular consumer friendly versions of Linux available, and the firm will tip up at MWC with a Motorola Atrix 2 smartphone that when placed in a dock can run a full-blown desktop Ubuntu Linux installation. According to the firm, smartphones will be able to ship with Ubuntu for Android this year.
Canonical announced last evening, February 21st, the Ubuntu for Android product, allowing users to connect a multi-core Android phone to an Ubuntu desktop.
People in FOSS circles don’t like to talk about that kind of thing openly; making money is fine if it is done quietly, but pointing out that developing free or open source software can also be as crassly commercial an activity as, say, the activities of Microsoft, is considered to be, well, not kosher.
This week a new Raspberry Pi Fedora Remix has been launched providing a complete software environment for the new $35 Raspberry Pi computer which will soon be launched.
Samsung is using Wind River’s Android testing software and expertise to speed its smartphone development and test for Android software quality, performance and compliance.
Wind River Framework for Automated Software Testing (FAST) for Android and Wind River User Experience Test Development Kit are currently in use to rapidly and efficiently test Android software for Samsung smartphones. A global leader in high-tech electronics and digital media, Samsung Electronics is a top smartphone manufacturer worldwide.
Even though Amazon’s Appstore has far fewer wares on its shelves than Google’s Android Market, many developers of top apps have found Amazon’s platform to be more lucrative, according to a recent study. The hot-selling Kindle Fire seems to have played a part in driving Appstore sales. The curated nature of Amazon’s Appstore may also appeal more to users willing to pay a buck or two for their software.
Huawei‘s 10-inch MediaPad 10 tablet wasn’t expected to show itself until MWC 2102 next week, but that hasn’t stopped the Android 4.0 slate from sneaking out for a quick pre-show flaunt. The tablet – which reminds us of HTC’s Flyer with its combination of brushed metal and white plastic inserts – has been previewed by Hi-Tech Mail, who confirm the 8-megapixel camera and solid build quality.
Ford (and other automakers) envision future cars with high tech infotainment systems galore where car dashboards could have downloadable app’s just like todays smart phones and tablets. With the OpenXC platform Ford is creating a channel for open collaboration with 3rd party application developers, allowing them to use cars like the Ford Focus to prototype their gizmos.
I have been using OpenOffice.org and lately LibreOffice for years with no ill effects and plenty of benefits like working well with PDF and using proper open standard file-formats. The only problem the VA will have if it switches over is what to do with the bulk of archived documents in M$’s various formats. My recommendation is to convert as many of them as possible to PDFs and leave them as archives. They rarely have to modify old documents. They should be able to do that using their present software and some “print” function. The cost of the migration would largely be the cost of processing those archives. That cost should be chalked up as a mistake of the past because it will not be an on-going cost.
Inspired by the success of the open source development model, criminals are creating similar community models and, in doing so, opening up a new avenue for malicious software and malware incubation, industry insiders warn.
COSCUP is the largest Free software event in Taiwan and based on my experience from attending last year I can certainly say that it is one of the most well organized and vibrant F/OSS events in the world. It’s in the same category level as FISL in Brazil or Linux Conf Australia in my mind.
Enterprises are finding business-changing ways to put the power of Hadoop, an open source Apache project for storing and processing large amounts of data, to good use. They are using Hadoop and Big Data to reduce risks, better serve customers and even change the Internet.
Joomla is one of the most widely used open source content management systems available today. Though it’s not as popular as the MIGHTY WordPress, we are yet to discover the hidden treasures that lurk beneath. I am going to discuss the Pros and Cons of using Joomla in this article, so the next time you’re planning to invest on your online presence, you should have an idea where to spend and why!
In this entry I will briefly talk about how GNU Health can help the professional in making the best decision, and how to minimize mistakes.
I will focus in prescription writing and how we’re incorporating DS (Decision Support) to GNU Health.
GNU Health uses the WHO (World Health Organization) essential list of medicines by default, so you already have a very nice and updated set for your daily practice.
NASA has released an RFI (Request For Information) asking for help reimplementing the nasa.gov web site using open source software and open standards. With 600,000 unique visitors and over 1.29 TB of traffic a day, 140 different web sites and applications and over 700,000 web pages, the task is large. As the first stage of an acquisition process, NASA has therefore published the RFI looking for companies that, according to Nick Skytland, Open Government Program Manager at Johnson Space Center, are “visionary, that get open source, cloud computing, and citizen engagement using the latest online technology”.
Obviously security, supportability, and interoperability are among the factors the VA must take into consideration, so the department is only soliciting white papers right now. “The white papers should merely be focused on the per seat cost for services/tools provided, current state of the technology in terms of Office productivity suite benefits, supportability, security, ease of use, and interoperability with Microsoft based products,” the announcement says.
How confident are you in your knowledge of open source geospatial software? How about a quick introduction or refresher? Executive Editor Adena Schutzberg offers 10 points that are important to understand about open source software.
From the beginning, Civic Commons has been a dynamic community initiative. What began in January 2010 as a simple wiki of open government policies and practices (originally called “OpenMuni”, domains for which were simultaneously and independently obtained by Code for America and OpenPlans), grew into a partnership between the two organizations to support the growing open government technology movement, and is now an open community of civic hackers, government technologists, entrepreneurs and many others.
Regular Hypebot readers know how excited I get about Cash Music. It’s hard to imagine anything closer to what this blog is about than a non-profit group building free tools that help musicians to market and sell music online. That’s exactly what Cash Music is; and for one of the first time’s ever, they’re asking for help via a Kickstarter campaign.
Kotlin, the JVM-targeted programming language introduced last summer by development toolmaker JetBrains, is now open source. The Prague-based maker of the venerable code-centric Java IDE, IntelliJ IDEA has been developing Kotlin since 2010, and will continue to be a major contributor.
You have to hand it to Microsoft. Their latest attacks on Google Apps are at least an attempt at comedy, but when you peel back the humor, what you have is just good old-fashioned Fear, Uncertainty and Doubt (FUD), YouTube style.
I won’t discuss the irony of Microsoft going off on Google services using Google’s own YouTube channel. That’s fairly rich in itself, but as we shall see, Google has opened itself up to these attacks with its own behavior.
Late last week, the Washington Post reported that The Smithsonian had acquired “tapes, documentation, copyrights, and over 50,000 lines of code from V.A. Shiva Ayyadurai, who both the Smithsonian and the Washington Post insisted was the “inventor of e-mail.” There’s just one problem with this: It’s not actually true. Lots of internet old-timers quickly started to speak out against this, especially on Dave Farber’s Interesting People email list, where they highlighted how it’s just not true. As is nicely summarized on Wikipedia’s talk page about Ayyadurai, he was responsible for “merely inventing an email management system that he named EMAIL,” which came long after email itself.
Isabel Salas reported to the non-profit Cornucopia Institute (Cornucopia) the difficulties she faced when her infant daughter reacted badly to a set of additives present in most baby formulas: DHA and ARA oils. Containers of formula containing these additives say things like, “Our formula is proven in clinical studies to enhance mental development” and “as close as ever to breast milk.”
CDS are a form of derivative taken out by investors as insurance against default. According to the Comptroller of the Currency, nearly 95 percent of the banking industry’s total exposure to derivatives contracts is held by the nation’s five largest banks: JPMorgan Chase, Citigroup, Bank of America, HSBC, and Goldman Sachs. The CDS market is unregulated, and there is no requirement that the “insurer” actually have the funds to pay up. CDS are more like bets, and a massive loss at the casino could bring the house down.
Wisconsin Governor Scott Walker and Senate Majority Leader Scott Fitzgerald are pushing for radical changes in Wisconsin’s current mining law to benefit a single out-of-state company.
Gogebic Taconite, based out of Florida, has proposed a massive twenty-one mile long iron-ore strip mine in some of the most beautiful and pristine land in the northern part of the state. Walker and the GOP are promoting the mining bill as the most important “jobs bill” of the session. Since Governor Walker’s austerity budget kicked in on July 1, Wisconsin has lost jobs for six straight months, the worst record in the country.
Hanno alerts us to the news that Techdirt has apparently been deemed harmful to minors in Germany. The German Media Control Authority has apparently been pushing internet “youth filters” to protect kids from dangerous things online. So far, it has officially approved two internet filters. Hanno got his hands on one and discovered that Techdirt was one of many blocked sites (Google translation from the original German) — as the filter declares that Techdirt has pornographic images and depictions of violence. We do?
One of the things I’ve never liked about copyright is its potential to be the functional equivalent of censorship. Sometimes this censorship comes about because an author didn’t get permission to create his work in the first place (see: Richard Prince, JD California). While this unfortunately turns judges into cultural gatekeepers, it’s been deemed a necessary balance between copyright law and the First Amendment, and harm to the public is arguably lessened by the fact that we don’t know what we’re missing; because the censored work is never able to reach and impact us, we’ve only lost the potential of its cultural contribution.
Hockey may be Canada’s national pastime, but criticizing the Canadian Radio-television and Telecommunications Commission (CRTC) surely ranks as a close second. From the substitution of Canadian commercials during the Super Bowl broadcast to Canada’s middling performance on broadband Internet services, the CRTC is seemingly always viewed as the target for blame.
Prime Minister Donald Tusk of Poland sent a letter to his fellow leaders in the EU Friday urging them to reject ACTA, reversing Poland’s course with the controversial intellectual-property treaty, and possibly taking Europe with them.
“I was wrong,” Tusk explained to a news conference, confessing his government had acted recklessly with a legal regime that wasn’t right for the 21st century. The reversal came after Tusk’s own strong statements in support of ACTA and condemnation of Anonymous attacks on Polish government sites, and weeks of street protest in Poland and across Europe.
The European Commission just announced its intent to ask the European Court of Justice (ECJ) for an opinion on the conformity of ACTA with fundamental freedoms. Beyond the obvious intent to defuse the heated debate currently taking place, this move aims to make the ACTA discussion a mere legal issue, when the main concerns are political by nature.
So the European Commission thinks that tens of thousands of people on the streets somehow don’t reflect the wider community — presumably unlike the small band of negotiators and lobbyists behind closed doors that drew up ACTA in secrecy for years, who do represent the European Union’s 500 million people.
And the Commissioners are just shocked that the opponents of ACTA, who have been denied any meaningful transparency about what was being agreed to in their name during those now-concluded negotiations, are desperately trying to make their voices heard by the only institutions left that can listen: the EU nations that haven’t signed ACTA, and the European Parliament that must still ratify it.
Of course, other parts of De Gucht’s statement are pretty questionable. He talks about how the EU Council “adopted ACTA unanimously” leaving out that they did so by hiding it in an agriculture and fisheries meeting. He talks about how ACTA “will not change anything in the European Union” but is merely about “getting other countries to adopt” stricter laws. However, some EU countries have already noted that they would have to change their laws to comply with ACTA.
If one could show a decline in the percentage share of the GPL license family, what would that show? More free software overall! Even data on the other side shows absolute numbers in both GPL and non-GPL category increasing. More corporations doing free software and encouraging licenses that let them make proprietary software New software distribution structures – Apple’s App Store for example prohibits distribution of copyleft software. The first is a clear win. The second can still be a win, because the companies are making free software possibly instead of proprietary. The third is a problem.
John also shows us that GPL use is growing in Debian. Between 2005 and 2011, the proportion of GPL’d software went from 71% to 93%. If GPL3 drove developers away, it does not show in projects that matter.
“pro-business” parasites would have us believe that working for free for M$ and the like is just great for the world of IT. … The GPL is great for business, competition, startups, individuals and end-users. There is no downside to using the GPL in FLOSS.
due to the increase in browsing from mobile devices … earlier this month, analysts at Canalys reported two major shifts in computing trends: one, that smartphone shipments outpaced PCs for the first time ever, and two, that Apple has become the world’s largest PC maker, assuming iPads are counted as PCs.
the iPhone came. There was no Office. People got things done. Then the iPad came. There was no Office. People got things done. Android came. People got things done. All of those things that they, just a couple of years ago, were convinced they needed Office to do. They got them done without it. And thus, the truth was revealed. … Microsoft’s biggest miss was allowing the world to finally see the truth behind the big lie — they were not needed to get real work done. Or anything done, really.
With Ubuntu for Android, Ubuntu and Android share the same Linux Kernel on an Android phone. When you carry the phone with you, it acts just like a normal Android phone. Nothing special about that. However, when you connect the phone to an external monitor with keyboard and mouse Ubuntu OS boots and runs concurrently with Android. This allows for both mobile and desktop apps to run at the same time.
Polls show that more than 90% of Americans support mandatory labeling. Such near-unanimity in public opinion is rare. Please listen to the American public and mandate labeling of genetically engineered foods.
They are highly educated, interested in health and environment, and see not only the need – and the opportunity – for small-scale farming, but feel the pull to get personally involved and heed that call. … Part of what makes small-scale farming possible is CSA’s. CSA stands for Community-Supported Agriculture, and it is just that: community members purchase a share of the upcoming season’s crops, sort of like purchasing a subscription for fresh herbs and vegetables. Their advance money aids the small farm in purchasing the seed, supplies and labor they need for the season
two departments with overlapping jurisdictions responded to this complaint: One came at us based on a community policing approach where she walked up calmly, asked a few questions, and according to her report was satisfied and had begun to return to her shift until she heard on the radio APD was coming. By contrast, APD handcuffed first and asked questions later.
the giant energy companies are making so much money right now that they can’t stop gorging themselves. … As it happens, though, they’ve got a deeper problem, one that’s become clear only in the last few years. Put briefly: their value is largely based on fossil-fuel reserves that won’t be burned if we ever take global warming seriously. … a giant carbon bubble, whose bursting someday will make the housing bubble of 2007 look like a lark.
Oil should be used for composite materials, not burnt. It will continue to have value used that way, but perhaps not enough value to satisfy greedy oil companies.
Researchers attending one of the world’s major academic conferences ‘are scared to death of the anti-science lobby’ … university and government researchers are hounded for arguing that rising carbon dioxide levels in the atmosphere are changing the climate. Their emails are hacked while Facebook campaigns call for their dismissal from their posts, calls that are often backed by rightwing politicians.
This mirrors a case from last year, when both Sky and BT were ordered to block access to … link-sharing website Newzbin 2. This followed lobbying from the Motion Picture Association (MPA) in the US, which argued that the site facilitated the sharing of pirated movies.[sharing]
I removed propaganda terms from the quote for the sake of clarity.
The censorship of The Pirate Bay, which is slowly spreading to ISPs all around Europe, is designed to reduce the availability of unauthorized media, but the site also allows artists without a corporation-backed delivery mechanism to self publish to the world. However, since blockades are a blunt instrument, their work is being wiped out too. On this basis, the legality of a recent Pirate Bay blockade is now being questioned.
we found out that as long as a pregnant woman thinks she hasn’t been spied on, she’ll use the coupons. She just assumes that everyone else on her block got the same mailer for diapers and cribs. As long as we don’t spook her, it works
Path was crucified for a practice that has become an unspoken industry standard. Facebook, Twitter, Instagram, Foursquare, Foodspotting, Yelp, and Gowalla are among a smattering of iOS applications that have been sending the actual names, email addresses and/or phone numbers from your device’s internal address book to their servers
Richard Stallman notes, “So much for the idea that Apple’s total censorship will protect users. The only defense for users is to have control over the software they use: that is, to insist on free software.”
The Dutch government wants to change copyright law so new media users can continue to do “creative remixes” of protected content. The Hague will no longer wait for the European Commission to find a compromise.
EFF is pleased to announce that the [copyright suit against David Olsen and Paul Eggert's time zone database] was dismissed in February of 2012. Astrolabe has also apologized and agreed to a ‘covenant not to sue’ going forward, which will help protect the database from future baseless legal actions and disruptions.
“Copyright protection can never be a justification for eliminating freedom of expression or freedom of information. That is why for me, blocking the Internet is never an option” (and that’s her bold, not mine).
Proprietary giants and their trolls cut the Linux cake
Summary: Patent news which applies to Linux or other vital parts of the Free software world
THE hype of patents is everywhere in the news [1, 2] (more so than in prior years), but more and more cases are “[r]equesting a government evaluation of whether a patent was properly issued,” as part of a process “known as reexamination [which] is cheaper than a lawsuit and has an easier standard for discrediting a patent than what is allowed before a judge or jury. With a success rate of about 90 percent, companies have almost doubled requests in the past five years, turning the patent office into a reliable forum to shoo away competitors’ claims of patent infringement.”
What this tells us is that many patents get granted which should never have been granted in the first place. There is clearly a bubble. This system is not working, except for lawyers.
“This system is not working, except for lawyers.”According to this important bit of news, Oracle changed its tune because its patent assault is failing. This is covered here, citing Pamela Jones, who writes: “Oracle has told the court it wishes to withdraw its last claim of the ’476 patent, claim 14, no doubt having read Google’s letter to the judge asking for permission to file a motion for summary judgment of invalidity of claim 14. This is the last claim of that patent still in the case. The USPTO in December issued a final rejection of 17 of the 21 claims of this ’476 patent, anyway, including all seven of the patent’s independent claims, and while Oracle has until February 20 to appeal, the handwriting is on the wall. Whatever it decides about an appeal, claim 14, and hence patent ’476, is no longer in this litigation.”
Last Friday Google filed a motion to substantially strike both the third damages report submitted by Dr. Cockburn on behalf of Oracle and the conjoint analysis report submitted by Dr. Shugan on behalf of Oracle. (718 [PDF; Text]) If successful, this motion will virtually preclude the Oracle damages experts from testifying at trial. PJ did a fine job covering the flaws in these reports identified by Google. Now we consider the likelihood of success of the motion.
Oracle’s case against Android is not the only case, but many of the others involve Apple, Microsoft, and their patent trolls. They strive to elevate the cost of Android. Here is the unofficial Red Hat message regarding fix for the common troll (not for software patents in general)
First, create a compulsory licensing mechanism for patents whose owners are not making competitive use of the technology in those patents. Patent owners should be required to declare the areas or products that incorporate the patented technology. All other non-practiced areas should be subject to a compulsory license fee. (A non-practiced “area” would be a market or technology sector or activity in which the patent owner is not using or licensing the invention rights, though the owner may be using the patent in other “areas.”) Licensing rates for patents could be set by patent classification or sub-classification based on industry average licensing rates for each such technology. Again, this would only apply to applications where the patent is not being practiced or voluntarily licensed by the patent owner.
Given the vast number of patents issued, an accused party should have a reasonable, set time after receiving notice of a patent within which to pay for the license going forward. Compulsory licenses are authorized by the treaties we have entered into, and we have significant experience with compulsory licensing of copyrighted works from which to develop an analogous patent mechanism. Uniform rates could be set.
Second, cap past damages for trolls at $1 million per patent and eliminate the possibility of obtaining injunctive relief for infringement of patents that are not in use, or are not used commercially, by the patent owner.
Third, a mandatory fee shifting provision should be put in place where the plaintiff is required to pay the defendant’s reasonable defense fees if the plaintiff does not obtain a better recovery than what was offered by the defendant. (Presently, there is such a cost shifting mechanism in place; however, the relevant costs typically are a tiny fraction of the legal fees in a case.)
Fourth, for U.S. domestic defendants, require that suits be brought in the venue where the defendant’s primary place of business is located.
Fifth, if a party wants more than limited discovery from the opposing side, particularly for electronically stored information (ESI), the requesting party should pay the cost of production. For large technology companies, ESI production alone can cost into the seven figures.
A new software policy from the Debian Project seeks to minimize its exposure to patent litigation. But could the new policies create friction with other projects within the community?
At first, you might think a statement from the Debian Project denouncing software patents was as obvious as “the sky is blue,” or “Richard Stallman will make you write GNU/Linux 500 times if you call free software ‘open source,’” but nonetheless, I thought the policy itself was rather interesting.
The policy is rather brief, which makes it very clear and concise. Consisting of only five clauses, the policy outlines how the Debian Project wants to handle patents associated with software: namely, it wants nothing to do with them. The meat of the policy is in the first three clauses:
For users of Debian there is no indemnification, so it they don’t choose Red Hat, then they are left in a different legal position. SJVN has this new article advising CIOs in case of patent lawsuits:
The recent Bilski Supreme Court decision has made it far, far too likely that your company may face a patent lawsuit at some point.
You may think that the last thing on earth that could happen to your company would be that your business might be sued because it used a particular software program. You’d be wrong.
In the aftermath of the Bilski Supreme Court decision, the Supreme Court did nothing to stop software or business method patents. As a result, not only software development companies but all businesses are now in more danger from patent lawsuits than ever before.
The Bilski case affects the US and for the time being it is a different story for companies located (and operating) outside the US. We need to work hard to prevent software patents from spreading. █
Open Source Think Tank is to FOSS what Microsoft lobbyist Florian Müller is to FOSS
Summary: The “think tank” which claims to speak on behalf of Open Source is in fact organised and partly funded by foes of Open Source
CONTROLLING one’s opposition or competition is extremely powerful a tactic. In some industries, such as the beverages sector, companies use fake brands to make their own look more appealing or to drive up the prices, Sometimes a company might create or buy the anti-self so that even its opponents will become its own clients. In some circles, fake opposition is consciously used to make the opposed-to side look reasonable and reach an audience that otherwise would reject it as a matter of principle.
When Microsoft says that it “reaches out” to Open Source what it means to say is that it tries to change options that are “not proprietary” or “not Microsoft” to be both proprietary and Microsoft (or ‘open’ on top of proprietary). When Microsoft signed a deal with Novell it turned SUSE, a GNU/Linux distribution, into Ballnux, a distribution that makes Microsoft money. OpenSUSE is the marketing angle of this product (always less reliable and not suitable for production).
Last year we explained that something called a think tank for open source is in fact controlled by Black Duck with additional help from Microsoft. Those who promote it should be aware of it and perhaps add a cautionary disclaimer. Not that anyone does, as there are proxies at play:
Black Duck Software’s Olliance Group and DLA Piper have now announced core sponsors for the upcoming Open Source Think Tank 2012 conference. Adobe, Global Inventures, HP, Motorola, SAP and SugarCRM are all among the sponsors of the seventh annual conference, which promises to have some interesting keynotes and sessions. What’s more the event takes place in April, in Napa, California–one of the more beautiful locations for a conference. Interested attendees need to apply for invitations, which you can do here.
The “Open Source Think Tank” is not an Open Source event. It should not be treated as such, either. The name is deceiving.
Speaking of the hijacking of the term “Open Source”, recall what Microsoft didinside OpenStack and watch the Microsoft booster trying to promote proprietary Microsoft software inside this “Open” stack. They are polluting Open Source by means of deception and sooner or later we are left without a side — as the one that once existed is now occupied by FOSS foes. This way they win. They conquer both sides of the debate. █
Summary: Patent updates from Europe in particular, including commentary from sound figures of authority
TECHRIGHTS writes a great deal about the “Fraude das Patentes de Software” because this issue was identified as the #1 barrier to FOSS some time in 2006 when Novell went to Microsoft in order to use its software patents against Red Hat et al. Being mere monopolies, software patents impede competition in the software field.
“Software patents without a debate” is the title of the recent presentation slides from the FFII’s president. He chose this title because right now there are private (behind closed doors) discussions and the FFII’s president alleges that “RAND will become will EU law soon thanks to BSA.” The BSA is a Microsoft front group.
Andy Updegrove, whom Microsoft hired some time in the past (it helps pay critics and thereby gag them), has this new piece about FRAND and to quote his Q&A:
A: I think so. What the events of the last few weeks indicate is that perhaps it’s no longer necessary to define what “FRAND” means. Like open source software, more and more people recognize the value and importance of open standards. And just like open source software, you don’t necessarily have to have a narrow definition of what FRAND means. You simply know it when you see it, not by its individual characteristics, but by whether or not it offends the community.
And just like open source, if you take action against one user of open standards, you will increasingly be seen as taking an action against all users of open standards – in other words, against all users of technology. If you decide to do so nevertheless, then you’d better be prepared to answer to that wider audience as well.
If you think about it, you might say that’s not only fair, but reasonable, too.
Microsoft’s disgraced FRAND lobbyists like Florian Müller (whose output is just anti-Google propaganda for his client, Microsoft) take no day of rest. They are doing this on the payroll and cite one another. FRAND policies are for the monopolists, not for the people. Some people might pretend to work for the people or even call themselves “FOSS” something, but they work against the people, for their own bank account.
“The majority of FOSS enthusiasts seem to be unaware or ignoring FRAND” –Marti van LinMarti van Lin correctly points out that “[t]he majority of #FOSS enthusiasts seem to be unaware or ignoring #FRAND ? is.gd/jqyfRc or perhaps I’ve misinterpreted it!”
He is right. And moreover, there is a lot of FRAND propaganda going on. A lot of it is Microsoft-funded.
The “European Parliament To Exclude Free Software With FRAND” says this new headline from Slashdot. Quoting the submission in full:
First time submitter jan.van.gent writes “The European Parliament is on the verge of adopting a directive reforming standards, reform which would introduce FRAND patent licensing terms, an undefined term which has been seen as a direct attack on the fundamental principles of Free and Open Source software. The Business Software Alliance has been very active trying to get FRAND terms into the directive.”
Here is what the FFII’s press release says: “The European Parliament Consumer Committee is on the verge to reform the standardisation process in Europe. The reform recognises patented interface specifications which discriminate Free Software implementations. Royalties over standards create an unavoidable barrier of entry in the market for small software companies and independent developers.”
The Israeli patent registrar have reverted previous ruling regarding patents on software and published a draft for the procedures to accept such patents. The procedures are open to public comments for the next 30 days.
Later he added: “FFII should open a US branch, EFF is incapable of campaigning against software patents” (FFII comprises many engineers, unlike the EFF. Groklaw, which is typically people who are in the field of law and not engineering, takes a similar approach).
As shown here, “EFF still believes in software patents” based on phrases that it uses. Pieter Hintjens writes: “When someone pretentiously talks of “IP violations” I ask, “Patent? Trademark? Copyright? Ship hull design? Plant variety rights?”
“When someone pretentiously talks of “IP violations” I ask, “Patent? Trademark? Copyright? Ship hull design? Plant variety rights?” –Pieter HintjensHe is then told: “You are also missing semiconductor topography rights, design rights. Maybe “trade secrets” as well, M$ likens secrets == IP.”
One might argue that forbidding the sharing of ideas is, in general, a bad thing. That’s more like the FSF approach.
It ought to be mentioned that some of the backlash against Google patents is a PR campaign from Microsoft and its lobbyists, who call the kettle black and hammer on politicians to ensure that Ballmer and his gang can carry on with extortion (under the façade that others are doing it too). █
As we also showed some days ago, there is impact [1, 2, 3] on dentists. This was mentioned here some days ago when we stressed the human toll of patents. There are too many reports of software patents out there and they have a negative effect on the inclination to develop (this factor is rarely being taken into account in cost analyses). GCC and other examples of widely used Free software are always at the mercy of patent holders. This works well for those who can wield an axe while exploiting Free software – companies such as Apple, which hoarded KHTML and many other FOSS projects (before starting to attack FOSS with patent lawsuits).
It was only a matter of time really, especially given Apple’s arrogance. Watch what Apple is doing to CUPS right now. It’s not just technical sabotage but also legal sabotage. It helps nobody except Apple, the selfish company that promotes selfishness. “Software patents do create jobs for litigation lawyers and patent attorneys in Europe,” writes the FFII, which keeps emphasising that patents are not about innovation but about profit for very few people. Given Apple’s legal attacks on FOSS, lawyers’ blogs are providing tips for fellow patent lawyers. Paul Cole is not interested in innovation but only in ways of exploiting the EPO to extract money. To quote:
According to BBC News last Friday, Apple has succeeded in the German courts in enforcing a patent for a user interface feature for its mobile devices. The ruling demonstrates the value of European patents for “software” inventions where a “technical” effect can be demonstrated. The claims in the granted patents and the problems that they solve provide insight about what features of a user interface might be regarded as “technical” by the EPO. The advantages to a software developer of being able to patent innovative interface features that are important to the “look and feel” of the device and the software running on it are self-evident.
[...]
One take-away message for US applicants is the need to draft applications bearing in mind the exclusions under the EPC: stating as one of the main objects of the inventions “to provide more aesthetically pleasing operations” plays straight into the hands of an Examining Division or Appeal Board within the EPO and even if such objects can and should be stated, functional objects are best set out first. Another message is not to overlook the role of the human user in the invention: in the refused application the needs of the computer and the attractiveness of the micro-movie as a matter of shape were explained but what was necessary for the user to see the “micro-movie” and how long it should last were left unstated.
INTERNATIONAL LITIGATOR Apple could be faced with the prospect of a ban on its Ipads in China, after a lower court ruled in favour of Shenzhen Proview Technology.
Proview claims that it owns the rights to the Ipad name in China and wants a ban on sales of its rival’s device in the country. So far it has had some success in China, and now, according to a report at the Associated Press, it can claim another victory.
This is far from the first time Apple is accused of taking other companies’ names. But Apple and its followers just ignore the reality of inspiration and simultaneous discoveries/advancements. Apple created this illusion that it is a great innovator and that everything resembling an Apple product is just a ripoff, never mind prior art and Steve Jobs’ admission of copying others massively.
One thing that Android backers definitely did not copy from Apple is defective antennas, which even Apple with its hype machine can no longer cover up.
When I initially searched the U.S. Patent and Trademark Office database and Google Patents, I missed something very interesting in the war [1][2] between Apple, Inc. (AAPL) and Android’s “Big Three” — Google Inc.’s (GOOG) new acquisition Motorola, HTC Corp. (TPE:2498), and Samsung Electronics Comp., Ltd. (KS:005930) — regarding swipe-to-unlock intellectual property.
Neonode Inc. (NEON) appears to be the first to patent this technology, holding a claim I missed.
Apple raised the stakes in an intensifying global patent battle with Samsung Electronics by targeting the latest model using Google’s fast growing Android software, a move which may affect other Android phone makers.
Please boycott Apple and also explain to other people why Apple is an enemy of fair competition. There is nothing “magical” there. This sort of behaviour oughtn’t be tolerated, and not only because Android is based on Linux. This harms everyone in the market and outside of it (customers). █
Posted in Google, Microsoft at 11:58 am by Dr. Roy Schestowitz
Microsoft Corporation: disseminating lies.
Summary: Microsoft uses a baseless slur against Google in an attempt to discourage people from using Google
THE PATHETIC nature of Microsoft these days almost borders the comical. Several good folks in our IRC channels mentioned the latest slur from Microsoft, claiming that the monopolist had decided to become a major hypocrite for a day.
Steven J. Vaughan-Nichols has already written a good rebuttal, but that main point we would like to add is that since the days of iE7, all surfers on Microsoft Windows are being spied on by Microsoft (pages that they visit logged remotely by Microsoft). With that in mind read the following:
Yesterday, Microsoft accused Google of bypassing an Internet Explorer’s privacy policy. Today, Google declared that Microsoft’s claim were FUD and the Windows giant knows darn well that “Microsoft policy is widely non-operational.”
Of course. Microsoft too is non-operational because executives are fleeing too quickly for replacements to be appointed. Over time we turn more of our attention to other companies and stay focused on the core issues. Next up: more on patents. █
Free/Open Source software in the currency and trading world promised to emancipate us from the yoke of banking conglomerates, but a gold rush for software patents threatens to jeopardise any meaningful change or progress
To nobody's surprise, the past half a decade saw accelerating demise in quality of European Patents (EPs) and it is the fault of Battistelli's notorious policies
New trouble for Željko Topić in Strasbourg, making it yet another EPO Vice-President who is on shaky grounds and paving the way to managerial collapse/avalanche at the EPO
The utter lack of participation, involvement or even intervention by German authorities serve to confirm that the government of Germany is very much complicit in the EPO's abuses, by refusing to do anything to stop them
Another example of UPC promotion from within the EPO (a committee dedicated to UPC promotion), in spite of everything we know about opposition to the UPC from small businesses (not the imaginary ones which Team UPC claims to speak 'on behalf' of)
Uploaded by SUEPO earlier today was the above video, which shows how last year's party (actually 2015) was spoiled for Battistelli by the French State Secretary for Digital Economy, Axelle Lemaire, echoing the French government's concern about union busting etc. at the EPO (only to be rudely censored by Battistelli's 'media partner')
In violation of international labour laws, Team Battistelli marches on and engages in a union-busting race against the clock, relying on immunity to keep this gravy train rolling before an inevitable crash
A new year's reminder that the EPO has only one legitimate union, the Staff Union of the EPO (SUEPO), whereas FFPE-EPO serves virtually no purpose other than to attack SUEPO, more so after signing a deal with the devil (Battistelli)
Orwellian misuse of terms by the EPO, which keeps using the term "social democracy" whilst actually pushing further and further towards a totalitarian regime led by 'King' Battistelli
The paradigm of totalitarian control, inability to admit mistakes and tendency to lie all the time is backfiring on the EPO rather than making it stronger
An outline of recent stories about patents, where patent quality is key, reflecting upon the population's interests rather than the interests of few very powerful corporations
The role played by Heiko Maas in the UPC, which would harm businesses and people all across Europe, is becoming clearer and hence his motivation/desire to keep Team Battistelli in tact, in spite of endless abuses on German soil
The latest facts and figures about software patents, compared to the spinmeisters' creed which they profit from (because they are in the litigation business)
The US Supreme Court (SCOTUS) is planning to weigh in on a case which will quite likely drive patent trolls out of the Eastern District of Texas, where all the courts that are notoriously friendly towards them reside
The scope of patents in the United States is rapidly tightening (meaning, fewer patents are deemed acceptable by the courts) and Fitbit’s patent case is the latest case to bite the dust
Pretending there is a violent, physical threat that is imminent, Paranoid in Chief Benoît Battistelli is alleged to have pursued weapons on EPO premises