05.13.11

Gemini version available ♊︎

Patent Defence Cartels Versus Abolishing Software Patents

Posted in GNU/Linux, OIN, Patents at 11:25 am by Dr. Roy Schestowitz

Summary: Why the “Defensive Patent License” is not part of the solution to the problem Free software is having

“Fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria,” Richard Stallman famously alleged. This is why all those patents boosters who claim to be gathering “defensive” patents are totally missing the point or simply lying to everyone. Consider Novell for example. One year it claims to be “defending” Linux with OIN and the following year it sells those patents to Microsoft. Yes, that’s “defensive” for you. Take Sun as another example. Those so-called “defensive” patents it had on Java are now being used to sue Google, which happens to share a seat with Oracle inside the OIN. What a failure. And then there are the Microsoft scams, which the company uses to pretend that it’s safe to step in Microsoft patents. Nathan Willis helps promote Mono software from a Novell employee despite the fact that Microsoft's MCP leaves legal holes. Legal analyses of that show it to be useless.

There is yet another one of those “defensive” pools and it calls itself (or its proposition) the Defensive Patent License (DPL), which was mentioned here before [1, 2, 3]. It has just given the following talk, as expected.

Direct link (TinyOgg could not do conversion to Ogg, unfortunately)

I have listened to the entire talk and it still falls short of actually eliminating software patents. The speakers are lovable people, but they unhelpfully speak about “Intellectual Property” and parrot some pro-patents talking points. They do not address the issue, or hardly ever do. It’s more like a defensive pool, of which there are already several. They try to find legal mechanisms to reduce risk without actually questioning the status quo, instead just taking for granted software patents. They also do not propose much of a solution to patent trolls. As we noted last night, Yahoo! managed to beat one such troll (who targeted Linux), but this is not a sustainable strategy. Linux is already being taxed by some software patents and Red Hat, for example, hides this fact. So did Novell. Software patents need to be eliminated urgently, without exceptions. The FFII, the FSFE and the FSF got it right all along.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 01/02/2023: Stables Kernels and Upcoming COSMIC From System76

    Links for the day



  2. IRC Proceedings: Tuesday, January 31, 2023

    IRC logs for Tuesday, January 31, 2023



  3. Links 31/01/2023: Catchup Again, Wayland in Xfce 4.20

    Links for the day



  4. Links 31/01/2023: elementary OS 7

    Links for the day



  5. Intimidation Against Nitrux Development Team Upsets the Community and Makes the Media Less Trustworthy

    Nitrux is being criticised for being “very unappealing”; but a look behind the scenes reveals an angry reviewer (habitual mouthpiece of the Linux Foundation and Linux foes) trying to intimidate Nitrux developers, who are unpaid volunteers rather than “corporate” developers



  6. Links 31/01/2023: GNOME 44 Wallpapers and Alpha

    Links for the day



  7. Free and Open Source Software Developers' European Meeting (FOSDEM) and KU Leuven Boosting Americans and Cancellers of the Father of Free Software

    The Free Software Foundation (FSF) and its founder, Richard M. Stallman (RMS), along with the SFLC one might add, have been under a siege by the trademark-abusing FSFE and SFC; Belgium helps legitimise the ‘fakes’



  8. Techrights in the Next 5 or 10 Years

    Now that I’m free from the shackles of a company (it deteriorated a lot after grabbing Gates Foundation money under an NDA) the site Techrights can flourish and become more active



  9. 60 Days of Articles About Sirius 'Open Source' and the Long Road Ahead

    The Sirius ‘Open Source’ series ended after 60 days (parts published every day except the day my SSD died completely and very suddenly); the video above explains what’s to come and what lessons can be learned from the 21-year collective experience (my wife and I; work periods combined) in a company that still claims, in vain, to be “Open Source”



  10. IRC Proceedings: Monday, January 30, 2023

    IRC logs for Monday, January 30, 2023



  11. Taking Techrights to the Next Level in 2023

    I've reached a state of "closure" when it comes to my employer (almost 12 years for me, 9+ years for my wife); expect Techrights to become more active than ever before and belatedly publish important articles, based on longstanding investigations that take a lot of effort



  12. The ISO Delusion: When the Employer Doesn’t Realise That Outsourcing Clients' Passwords to LassPass After Security Breaches Is a Terrible Idea

    The mentality or the general mindset at Sirius ‘Open Source’ was not compatible with that of security conscientiousness and it seemed abundantly clear that paper mills (e.g. ISO certification) cannot compensate for that



  13. Links 30/01/2023: Plasma Mobile 23.01 and GNU Taler 0.9.1

    Links for the day



  14. EPO Management Isn't Listening to Staff, It's Just Trying to Divide and Demoralise the Staff Instead

    “On 18 January 2023,” the staff representatives tell European Patent Office (EPO) colleagues, “the staff representation met with the administration in a Working Group on the project “Bringing Teams Together”. It was the first meeting since the departure of PD General Administration and the radical changes made to the project. We voiced the major concerns of staff, the organization chaos and unrest caused by the project among teams and made concrete proposals.”



  15. Links 30/01/2023: Coreboot 4.19 and Budgie 10.7

    Links for the day



  16. IRC Proceedings: Sunday, January 29, 2023

    IRC logs for Sunday, January 29, 2023



  17. [Meme] With Superheroes Like These...

    Ever since the new managers arrived the talent has fled the company that falsely credits itself with "Open Source"



  18. Not Tolerating Proprietary 'Bossware' in the Workplace (or at Home in Case of Work-From-Home)

    The company known as Sirius ‘Open Source’ generally rejected… Open Source. Today’s focus was the migration to Slack.



  19. The ISO Delusion: A Stack of Proprietary Junk (Slack) Failing Miserably

    When the company where I worked for nearly 12 years spoke of pragmatism it was merely making excuses to adopt proprietary software at the expense of already-working and functional Free software



  20. Debian 11 on My Main Rig: So Far Mostly OK, But Missing Some Software From Debian 10

    Distributions of GNU/Linux keep urging us to move to the latest, but is the latest always the greatest? On Friday my Debian 10 drive died, so I started moving to Debian 11 on a new drive and here's what that did to my life.



  21. Stigmatising GNU/Linux for Not Withstanding Hardware Failures

    Nowadays "the news" is polluted with a lot of GNU/Linux-hostile nonsense; like with patents, the signal-to-noise ratio is appalling and here we deal with a poor 'report' about "Linux servers" failing to work



  22. Microsofters Inside Sirius 'Open Source'

    Sirius ‘Open Source’ has been employing incompetent managers for years — a sentiment shared among colleagues by the way; today we examine some glaring examples with redacted communications to prove it



  23. Links 29/01/2023: GNOME 43.3 Fixes and Lots About Games

    Links for the day



  24. The Hey Hype Machine

    "Hey Hype" or "Hey Hi" (AI) has been dominating the press lately and a lot of that seems to boil down to paid-for marketing; we need to understand what's truly going on and not be distracted by the substance-less hype



  25. IRC Proceedings: Saturday, January 28, 2023

    IRC logs for Saturday, January 28, 2023



  26. Unmasking AI

    A guest article by Andy Farnell



  27. The ISO Delusion/Sirius Corporation: A 'Tech' Company Run by Non-Technical People

    Sirius ‘Open Source’ was hiring people who brought to the company a culture of redundant tasks and unwanted, even hostile technology; today we continue to tell the story of a company run by the CEO whose friends and acquaintances did severe damage



  28. Links 28/01/2023: Lots of Catching Up (Had Hardware Crash)

    Links for the day



  29. IRC Proceedings: Friday, January 27, 2023

    IRC logs for Friday, January 27, 2023



  30. Microsoft DuckDuckGo Falls to Lowest Share in 2 Years After Being Widely Exposed as Microsoft Proxy, Fake 'Privacy'

    DuckDuckGo, according to this latest data from Statcounter, fell from about 0.71% to just 0.58%; all the gains have been lost amid scandals, such as widespread realisation that DuckDuckGo is a Microsoft informant, curated by Microsoft and hosted by Microsoft (Bing is meanwhile laying off many people, but the media isn’t covering that or barely bothers)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts