Bonum Certa Men Certa

Patents That Companies Have Got to Protect Linux Devices

"Primary prevention is better than cure"

Free software is against the idea that software should be patentable. That said, Red Hat holds quite a few defensive patents (a promise was made not to use them offensively). As Linux.com reported a month ago, Linux patents indeed exist. Where does that leave Free software? Is this a case of hypocrisy? A chicken-and-egg scenario that hinders resolutions to a patent mess? How does OIN fit into all of this? Not everyone can afford to file for a patent.

”It is not just mathematical knowledge, but an actual physical product with physical designs.“Exceptions are made with regards to patentability. For example, when an instrument is involved which is an integral part of the software, then some patent systems consider that patentable. This may be fine and it also protects Linux devices where there is more than just code. It is not just mathematical knowledge, but an actual physical product with physical designs. This sometimes adds an element of art and creativity.

Embedded.com has just released an extensive (albeit not in-depth) survey which covers embedded Linux patents.

As an electrical engineer with an automotive background, when I think of Linux, I think of servers, PCs, supercomputers, and so forth. Embedded applications don't really come to mind when I consider Linux. However, Linux is used as an operating system for many phones, games, and other devices with embedded software.

[...]

You can search for patents by looking in the appropriate classes and subclasses if you can determine them. However, embedded Linux applications could be located in many different classes because they can be classified by the end system's application.

[...]

In summary, most of the patent documents related to embedded Linux located in this search were filed between 2002 and 2005. No one company dominates the list of assignees but, rather, several companies from across the world. The number of U.S. patent applications filed related to the subject has seen as generally upward trend over the last few years, indicating increased popularity. Finally, even though Linux is a free-software operating system, it would be wise to search the U.S. patent database before commercially using Linux in an embedded application. Of course, refer to a licensed patent attorney if there is any doubt.


GNU and LinuxThis may sound like unnecessary hassle. Google's Android (Linux-based platform/stack), for example, encountered release delays due to patent licensing issues. It remains unknown if this was related to Sun Microsystems or some other unnamed party/ies.

It is worth remembering that Microsoft itself has admitted in court that in order for software to be patentable, there must be a device. You see, deep down inside, Microsoft knows that software patent opposes are correct, but it's too selfish to admit it out in the open. Unless you go back to days when Microsoft was an underdog and spot the sheer hypocrisy...

Recent Techrights' Posts

Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day