Bonum Certa Men Certa

Memo to IBM: Enough with Software Patents, Please

In summary, to IBM, please join the fight against intellectual monopolies

IBM has begun marketing its GNU/Linux solutions (running proprietary Lotus) as "Microsoft-free", but not as "Free" because they are not. They try to 'outMicrosoft' Microsoft the Microsoft way.



IBM also builds its Maginot Line inside OIN, which is a software patents pool. It actively participates in this patents vs. patents cold war instead of just eliminating the weapon called software patents for the sake of everyone else (not just the large companies in possession of extensive portfolios). As we showed recently, even the man who drove IBM into Linux is still defending software patents.

WON'T J|OIN



IBM just won't join the cause against software patents. Fortune, the same magazine that ushered Microsoft's patent attack on GNU/Linux with its seminal report, sports a new post that seems as though it's almost ghostwritten by IBM et al.

Roger Parloff, who provoked opposers of SCO, has just published a very unhelpful thing. This informal article of his mostly echoes OIN's chief Keith Bergelt [1, 2, 3], the successor of IBMer Jerry Rosenthal (first OIN leader).

The idea is to create a defensive patent shield or no-fly zone around Linux,” says Keith Bergelt, the chief executive officer of Open Invention Network, the consortium launching the site. The core members of that group, formed in 2005, are IBM, NEC, Novell (NOVL), Philips, Red Hat (RHT) and Sony.

[...]

Although some factions of the free- and open-source community are ideologically opposed to the whole notion of software patents — most notably and passionately Richard Stallman, the founder of the Free Software Foundation (which is a client of Linux-Defenders co-sponsor Software Freedom Law Center, which, in turn, supports the End Software Patents organization) — neither Bergelt nor OIN fall into that camp.

“We’re not anti-patent by any stretch of the imagination,” says Bergelt. “More patents is fine with me, as long as they’re high quality. Quality is the drum we beat.


The comment from Benjamin Henrion hits the nail on the head. It says:

It won’t work against patent trolls. Competitors of the Linux-based OSes can put some patents in a troll company, and this kind of patent pooling won’t work, because you cannot countersue.

And what Mr Bergelt is dangerous, since a patent troll with a high quality software patent is much more complicated to invalidate:

“More patents is fine with me, as long as they’re high quality.”

Software cannot be protected by patents, as you always need someone’s else patent to sell or distribute your product. As a software producer, you are always subject to blackmail.


If IBM wants to help more effectively (OIN is not so helpful), then it should empower people's battle against software patents in the US and Europe, as opposed to giving credence to such patents. We wrote about this before. As this new article suggests, elimination of software patents is a high priority.

[T]he community has to help set a tone of 'openness' when working with companies and governments, and encourage these to adopt the same approach. In addition, the community must push for a stable legal system for software - and this includes standing firm against the idea of software patents.


Here is some text which was extracted from the comprehensive new report about Free software [PDF]:

The main threat to FLOSS currently in the area of legislation is software patentability. Software patents make innovation more rigid, reinforce dominant positions, and work against the four freedoms. In the United States, where the principle of software patentability was validated in 1998 by the software law, software patents have generated many costly procedures and trials, and the system actually turns out to be prejudicial to the software industry.


Europe Needs Help



There is a lot of work to be done in Europe. Digital Majority continues to identify new places where the Community patent rears its ugly head. The latest examples are the following four articles:

  1. Pharmaceutical Sector: EC Competition Rules ./. Patent System?
  2. Ministers give green light to Small Business Act
  3. The Small Business Act: a crucial element of Europe's economic recovery
  4. Commissioner Fígel': EU must unlock its ‘innovative capacity’


The Community patent is also seeing another window of opportunity, which is dangerous. Here are a couple of new articles about this:

1. EU seen edging towards deal on patents in 2009

A deal on a so-called community patent has long eluded the 27 European Union governments, due to spats over which languages to use and what sort of legal framework was needed.


2. French IP chief confident of European patent breakthrough in 2009, but we've heard it all before

As we all now know, the hoped for breakthrough under the French presidency did not happen. The reasons for this are basically those that I have already explained in previous blogs: problems over language and money for the national patent offices. However, Battistelli declared that, although there were still major difficulties to resolve in these two areas, as well as a number of specific technical problems to overcome with regard to the court, the glass was now 80% to 90% full. “I am optimistic that the forthcoming [Czech and Swedish] presidencies can build on this and that there will be good news in 2009,” he said.


One thing that can be tackled is the legitimacy of the reign at the EPO [PDF].

Why do you allow the European Patent Office to control the patent inflation and innovation of the EU, being a foreign institution to the EU?


A few months ago, Richard Stallman wrote that “staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.

"One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”

Alison Brimelow



Patent Abusers



In absence of careful quality control and supervision of standards, the world might end up with another Rambus-like ambush, which leads to embargoes. This is neither healthy to development nor to consumers.

Rambus Inc. (RMBS: News ), which develops and licenses chip interface technologies and architectures used in digital electronics products, said Thursday that the U.S. International Trade Commission has agreed to its request and instituted a probe regarding alleged infringement of nine of the company's patents by graphics chip maker NVIDIA Corp. (NVDA) and others whose products incorporate the disputed NVIDIA products.


The IEEE continues to mess things up by facilitating patents inside standards. Just in: "IEEE to Set up Patent Pools to Simplify Standards Adoption"

Would it not be better to deny patents in standards altogether, so as to accommodate free (as in Freedom) products? These two things -- patents and Freedom -- mix together like water and sand [1, 2] and Microsoft, for example, is exploiting this (along with the BSA).

It's pointed out by the Microsoft-friendly press (Seattle Times) that Microsoft continues hogging and hoarding monopolies on algorithms.

Microsoft received 1,649 U.S. patents in 2007, the most by far of any software company, according to the Patents Scorecard produced by IEEE Spectrum and released this week.


Microsoft wants to fight using patents, but it does not target giants like IBM. It targets smaller companies like Red Hat, Mandriva, and Canonical. IBM is able to change its way if so it desires. It's time to pick a side.

"Intellectual property is the next software."

--Nathan Myhrvold, Microsoft patent troll



Comments

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day