Eben Moglen: “We Will Not Between Now and 2020 [Face] a Copyright Crisis But the Patent Crisis is Not Going Away.”
- Dr. Roy Schestowitz
- 2010-08-12 19:06:14 UTC
- Modified: 2010-08-12 19:06:54 UTC
Summary: Here are just some among many takes on a talk about software patents and the Bilski case, courtesy of Professor Eben Moglen
Paula Rooney:
Moglen: Bilski decision set back patent reform for more than a decade
Moglen said companies and individuals are now comfortable with open source licenses and doing hundreds of billions of dollars of commerce but the industry won’t be able to eradicate trollers for at least 10 years.
“We will not between now and 2020 [face] a copyright crisis but the patent crisis is not going away. We learned this from the United States Supreme Court,” Moglen said during his keynote. “What we know is that in the U.S., clarity on the relationship of patents to software is not coming any time soon and if there’s no clarity in the U.S., there’s no clarity in the world anytime soon.”
Ryan Paul:
OSS and software patents: if you can't beat 'em, join 'em
At the Linux Foundation's annual LinuxCon event this week, Columbia University law professor and Software Freedom Law Center founder Eben Moglen explained that the prospects for software patent reform are bleak and that the time has come for the free software community to start finding ways to solve its patent problems by using the patent system itself.
The rapid proliferation of broad patents that cover software methods has turned the technology industry into a litigation minefield. It's difficult for a startup to develop a new product without treading on patents held by incumbent industry giants. Software patents are especially problematic for open source software because patent licensing is largely incompatible with the principles of unrestricted redistribution that are inherent to open source software licenses.
Brian Proffitt:
Moglen Targets Patents, Compliance and Innovation as Key Challenges for Free Software
The patent crisis is not going to go away," Moglen stressed. This summer's Bilski ruling from the US Supreme Court confirmed as much for Moglen, who related to the audience that before the decision was handed down, he feared that the Court would hand down a ruling to the effect of: "You can't patent this, and here are five incoherent reasons why... and that's exactly what happened."
Moglen is concerned that without clarity from the US regarding patents, there will be not international clarity, and patents will remain a constant threat.
"We going to have to deal with this slowly and carefully," Moglen reiterated, using such patent defense organizations such as the Open Invention Network as one potent method of defense against patents.
It won't be easy: "The patent system is built for secrecy, obscurity, complexity... and troublemaking." Nonetheless, the challenge will remain for some time.
Recent Techrights' Posts
- SLAPP Censorship - Part 30 Out of 200: The Time We Reported Abuse to Greater Manchester Police (GMP) and It Was Escalated to Its Cybercrime Unit
- he started trolling and harassing me for criticising his employers' monopolistic and users-hostile agenda
- Hardly Seeing Slopfarms Today, Even in Google News
- Google's adventures with slop increased its debt significantly
-
- Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
- Links for the day
- Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
- Links for the day
- Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
- Microsoft as a king or a kind of "religion" one cannot question
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Wednesday, April 01, 2026
- IRC logs for Wednesday, April 01, 2026
- 'Modern' Cars Not a Rosy Industry
- The current "modern" cars already have a shelf life similar to that of many toothpastes
- Wrongthink Detector and Filter in "Think About the Children" Clothing
- It is not about "age verification", it's a Trojan horse for social control
- IBM Facilities Now Deemed Legitimate (Military) Target, Along With GAFAM Bases
- Does IBM have any defences in place to protect against "downtime by explosions"?
- What Happens When Some Large News Sites Turn to Slop and Spew Out Nonsense
- LLM slop makes such grotesque mistakes abundant
- Links 01/04/2026: Quantum Hype (Turing and Google), "US Fuel Prices Surge Past $4 a Gallon"
- Links for the day
- Gemini Links 01/04/2026: "Sacred Week of Cycling" and Zenity for Scripts
- Links for the day
- Losing Debian: Sruthi Chandran election flop
- Reprinted with permission from Daniel Pocock
- French judgment: parasitisme by FSFE & Matthias Kirschner (CO23.002709)
- Reprinted with permission from Daniel Pocock
- Microsoft Uses April Fools to 'Joke' About Inserting "Age Verification" (Surveillance) Into Linux
- MinceR says the "lkml [message/page] one is April Fools or at least they're trying to pass it off as April Fools [however] the [GitHub] one was archived on the 8th and yesterday, so that probably isn't..."
- IBM "Headcount Reductions" by Early Retirement and Death
- The tragedy at IBM started 33 years ago on the first of April
- Red Hat: Latin-1 character set under threat from Bishop Michael Martin, North Carolina
- Reprinted with permission from Daniel Pocock
- Links 01/04/2026: Microsoft GitHub Now Pushing Ads Into People's Code/Commits, Earth Overshoot Day Draws Nearer
- Links for the day
- What IBM and EPO Workers Have in Common: European Media Not Covering Very Major News (Press Became Dysfunctional)
- Are IBM operatives working to scuttle the process of investigative journalism?
- Free Speech in the United Kingdom When "Chilling Effect" is Increasingly Prevalent
- If politicians cannot even use a term like "parasitic behaviour", then where do we as a society end up?
- Oracle Lays Off Because of Debt and Commercial Issues, Not Slop
- Like Scam Altman, Larry Ellison hangs around Cheeto King because he could use some bailouts in the form of government contracts or phony money with an incredible name like "Stargate"
- The Real Reason Many Sites and Forums Shun Microsoft Lunduke
- When forums say that they banned Microsoft Lunduke or don't want him mentioned it's probably because they are familiar with the "stench" that follows him around
- Gemini Links 01/04/2026: Hallucinations, Stitching, and Type Systems
- Links for the day
- Lots of Layoffs at IBM, "Media Blackout" About Mass Layoffs at IBM's HashiCorp and Confluent Last Month
- IBM is a dying company circling down the drain while manipulating or paying the media to pretend everything is fine
- Microsoft Under Investigation by the UK's Competition and Markets Authority (CMA) for Abusive Tactics
- What's noteworthy is that this is "set to begin in May"
- Sounds Like Red Hat (IBM) Layoffs in Slop Clothing
- This is an IBM policy. They try to justify staff cuts.
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Tuesday, March 31, 2026
- IRC logs for Tuesday, March 31, 2026
- In Time for April Fools (and Easter), 30,000 Oracle 'Pink Slips' While People Are Asleep
- Oracle probably has no choice but to fire a ton of people
- SLAPP Censorship - Part 29 Out of 200: Violent Language Won't Go Away When You Use It in Your Site, Blog, and Social Control Media
- abuse began in 2012 because I had politely and accurately criticised Red Hat
- Gemini Links 31/03/2026: Five Years on Gemini (Rob's Gemini Capsule), OFFLIFIRSOCH 2026, and More
- Links for the day
- Slopfarms Persist, But Google Seems to Have Delisted Many
- We are still checking
- Links 31/03/2026: More Energy Shortages Noted, Taylor Swift Faces Trademark Infringement Suit
- Links for the day
- Chaff, Slop and Spam Help Distract From Parallel Crises at IBM
- IBM seems very eager to undermine discussion about what goes on inside
- Lacking Business Model, Bluesky Has Become Slop and Gravitates Towards Plagiarism, Bots
- LLM slop/plagiarism under the guise of "Artificial Intelligence" (AI)
- IBM-Spawned Lexmark Sold, Then Came Mass Layoffs, Now the CEO Who Did This is Leaving
- IBM is really not a magnet for talent at this point
- Not April Fools But April First: Red Hat Staff Becoming "IBM"
- claims of mass layoffs set to kick off at IBM some time soon
- Gemini Links 31/03/2026: Antenna Packed Up, AuraGem and AuraSearch Maintenance
- Links for the day
- Links 31/03/2026: More Social Control Media Bans, BBC Now Run by GAFAM (US) Executive
- Links for the day
- 'Broligarchs' Don't Want Science, They Want Entertainers to Entertain Them (and Make Them Richer)
- Of course this will result in things getting worse in the sciences and everyone who relies on the sciences
- When Republics Turn From Democratic Governments Into Imperialistic Dictatorships
- What goes on in the US would require talking about politics
- Companies That Have Nothing Except Buzzwords and Promises Will Perish
- Dishonest media will perish along with the companies it is covering up for
- The Solicitors Regulation Authority (SRA) to be Grilled in Two Weeks' Time by the British Government for "Recent Regulatory Failures"
- we escalated to our politicians
- GNU/Linux Will Thrive as Long as It's Modular, Not Monolithic
- To IBM, it's all about money. Nothing else matters.
- EPO "Cocaine Communication Manager" - Part X - People Are Leaving
- "I was happy to be at the EPO in the beginning, but since I realized it's all a big mafia"
- IBM's 33 Years as a "Financial Engineering" (Accounting Tricks) Company
- In relation to Red Hat, this "financial engineering" involves culling many workers and trying to replace them with slop
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Monday, March 30, 2026
- IRC logs for Monday, March 30, 2026
- Links 31/03/2026: Rising Costs, Cyberattacks, Novo Patent Expiry
- Links for the day
- Gemini Links 31/03/2026: American Spring, Distributed Systems Simulator, and Calculus for Electronics
- Links for the day