Bonum Certa Men Certa

IBM's Missed Opportunity to Help Free Software

When silence is consent

IBM Netvista



Summary: It's high time that people asked IBM to abolish software patents

IBM and its embodiment in other organisations like the Linux Foundation and OIN are no opponents of software patents, so it's always important to challenge IBM to 'pull a Bilski' on such patents. Without pressure, nothing will ever change.



IBM does not attack Free software using its patents, but it does use these as a marketing tool (indemnification and other perceived protections). This puts IBM in a position of considerable advantage and may not help Free software in the long term. Big Blue wants to keep the cake and eat it too.

“IBM does not attack Free software using its patents, but it does use these as a marketing tool (indemnification and other perceived protections).”IBM likes the Eclipse licence and while it subscribes a lot to Linux, it more of less distances itself from GNU, and particularly its philosophy. While IBM did offer its endorsement to the GPLv3, it did not oppose software patents in Europe and instead opted for some sort of a waffle. See its submission to the EBoA here (direct link requires session ID).

The reason for bringing this up is the possible appointment of an IBM person who might soon become the director of the USPTO. He could make more of farce of the USPTO, whose heads usually come from software patent proponents and/or the large patent holders (embracing maximal monopoly). Perhaps by contrast, the former USPTO Commissioner Bruce Lehman was recently quoted as saying that “The age of IP rights being at the forefront of American trade policy is over.”

The appointment of a person from IBM is far from final because there are other candidates, as IAM Magazine reports:

Three names have been in the frame for the job up to now: Todd Dickinson, David Kappos and James Pooley.


To say more about IBM, here is a new finding that came via Digital Majority.

Patent Thickets and Patent Trolls:



[...]

[T]his new definition would now include many corporations, such as IBM, which collect patents, not for manufacturing purposes, but to use them as a shield against patent infringement lawsuits. (Coincidentally, two commentators to my prior post on incremental invention mentioned IBM's practice of hoarding patents.) In sum, IBM, which has long been one of the largest owners of patents in the country, uses patents defensively. Its policy has been one of “mutually assured destruction,” i.e., if someone threatens to sue it for patent infringement, then it promises that it can find a patent in its massive patent portfolio with which to countersue for infringement. This policy has worked marvelously well for IBM, which has mostly avoided patent infringement lawsuits and has been left free to devote its time, energy and money to developing new products and services that it offers in the marketplace. But IBM's policy of hoarding patents is certainly "patent troll"-like behavior — patents are being used solely for litigation purposes and not for development of actual products sold in the marketplace.


If IBM cares about Free(dom) software, then it will put software patents to rest. Limiting their scope is not enough because they are inherently incompatible with software freedom, where code can be redistributed.

"IBM is proud of its patent portfolio, and the fact that they produce patents at a rate of 10 a day. With such an extensive arsenal of patents, backed by unlimited legal funds – what chances are left for the VC backed company? This is like the US going to war against Micronesia." —Daniel Cohen, Gemini Israel Funds

Comments

Recent Techrights' Posts

In Malawi, Windows Down to 10%, GNU/Linux Growing
it's not a small country
[Meme] Featuritis
Newer is not always better
 
Short Downtimes, Planned Maintenance
Hypervisor maintenance is planned
Links 13/06/2024: Ongoing Sharp Increases in Deaths, Mediterranean Diet Linked to 23% Lower Risk of Death in Women
Links for the day
Gemini Links 13/06/2024: Linuxing of the Dell Laptop and Deep Dive into the World of the OpenEarth Foundation
Links for the day
New Highs for Android in Haiti (Nearly 80%), Microsoft Windows at Only 4%
that's Android at another new high and very close to 80% (it now seems inevitable)
[Meme] How Stefano Maffulli (and Microsoft's Own OSI Insiders) Make Money
Milking what's left of the OSI by attacking its very mission - something that more people now recognise
Mobs Don't Get the Job Done (Mob Leaders Have Lost Credibility/Visibility, Job, or Both)
their demands weren't met
Montenegro: GNU/Linux "Proper" at Over 6%
Windows is down to record lows
Links 13/06/2024: Overpopulation Woes, Best Buy Lays Off More Employees
Links for the day
Nationwide Eventually Did Listen
Miles better than their original nonresponse
The Corruption of Open Source Initiative (OSI), a Front Group of Microsoft and GAFAM, Openwashing Proprietary Things and Even Plagiarism, GPL Violations
Stefano Maffulli (and Microsoft's staff that works with him) basically profits from anti-FOSS
"AI" Tech Bubble
How much "hype quotient" does this whole "hey hi" (AI) thing have left in it?
Links 13/06/2024: Science, Politics, and Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 12, 2024
IRC logs for Wednesday, June 12, 2024
Gemini Links 12/06/2024: The Rodent Revolution and Adding Twisty Puzzles
Links for the day
Links 12/06/2024: Ukraine War Updates and Many Patents Being Subjected to Squashing Bounties
Links for the day
Ireland Last to Report Election Results
Daniel Pocock's involvement in Australian politics goes back to his university days
Never Sleeps, Never Slumbers
We're going to try to improve not just in quantity but also in quality
[Meme] The Purpose of Life is to Find a Desk
dogs have desks
EPO Has Gotten So Bad That Workers Need to Ask to be Allocated a Desk (at Work)
Wow!!!! An “allocated workplace”!!
Tux Machines Parties Going Well Do Far
Cross-posted from Tux Machines
In Many Countries, Both Large and Small, Vista 11 is Losing Market Share (Despite New PCs Coming Preloaded With It)
One need not even consider large nations in isolation
By "Going Public" the Raspberry Pi Ensures It'll No Longer Serve the Public
It'll be owned and controlled by whatever people wish to control it
Dave Wreski Also Plays the Bot Game (Chatbot) at LinuxSecurity to Fake 'Articles' About "Linux"
How much longer can they fool search engines (SEO) and readers?
[Meme] Indisputable Success
MICROSOFT buys shares of MICROSOFT
Links 12/06/2024: 'Hey Hi' (AI) Bubble Imploding Already, Danish Media Threatens to Sue OpenAI
Links for the day
Links 11/06/2024: Floods in Germany and Brazil, Political Violence
Links for the day
Gemini Links 12/06/2024: Sketching Plants, OpenBSD Pubnix
Links for the day
"2025 the year of Linux on the Desktop"
Charlie Stross quote
In Bahrain, Historically Low on GNU/Linux Adoption, Things Change for the Better
They have some people who understand Free software
Daniel Pocock Received Twice as Many Votes as Andreas Tille (Debian Project Leader After 2024 Election)
From the media yesterday...
Debian is Built by Hundreds of Volunteers and 524 Irish People Voted for Daniel Pocock
524 in that area went to the polling station to vote Daniel Pocock (Ind)
[Meme] RMS is 'Too Old', Says Company Run by a Person 5 Years His Junior (Ginni Rometty) and 10 Years His Junior (Arvind Krishna)
Never again?
[Meme] Women in Computer Science
Grace Hopper, Ada Lovelace etc.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 11, 2024
IRC logs for Tuesday, June 11, 2024
Togo: GNU/Linux Growing Fast This Year, Now Measured at 6%
Sending Bill Gates with a suitcase to bribe African officials isn't enough anymore
Free Software Projects Need to Chase Away Men Who Attack Women Rather Than The Women Who Complain
A just society holds people accountable rather than covers up such blunders
Improving the Image of Women in Free Software by Hiring and Promoting the Proficient Ones
Million's shaman background isn't the problem, or even the superstitious ghost-chasing. The problem is that she has absolutely no background in Free software.
They Say Cash is King
People who value their freedom will pay with cash any time they can
'Team Microsoft' Wants to Leverage Our Popularity as a Weapon Against Us
In the past 2 days we published 64 articles and served over a million HTTP/S requests
[Meme] Microsoft Has Enough of Its Own Problems (Layoffs Abundant), It Won't Rescue IBM or Canonical
"It's OK, we're partners"
Know Your Allies, Know Your Enemies
The answer to censorship attempts is more speech, not less speech
Debian is Back to Taking Money From Microsoft, the Company That's Attacking Linux From the Inside
If Debian fails to understand what's wrong with it, that's a problem
Ghana: Windows Down From 97% to Just 15%
The doors are closing on Windows
Links 11/06/2024: Practice of Retaliatory Layoffs at Microsoft
Links for the day
Gemini Links 11/06/2024: GMID 2.0.5 and More
Links for the day
The United States Will Cut Off or Cull Firefox
It is only a matter of time
[Meme] Firefox Is Not an Alternative to Google, Only to Chrome (and It Has Become Proprietary or OSPS Like Chromium)
The illusion of remaining "choice" on the Web
No, the World Wide Web Isn't Open (and Hasn't Been for Years)
It's proprietary all the way now
The War on Free Software Reporters - Part VII - Groupthink, Censorship Demands, and Ultimatums
There's a lot of groupthink in the Free software community
Microsoft Told Us That LLMs Were a Boon for Azure and 'Clown Computing', But the Thousands of Layoffs This Month Prove That It Was a Lie All Along
Azure is collapsing
Why We Post Statistics About the Usage of Operating Systems Worldwide
We're hoping to see GNU/Linux at over 10% (on desktops/laptops) some time in the coming years
Winning Defamation Cases is Incredibly Difficult (for Plaintiffs), Even in the United States and the United Kingdom
SLAPP should always backfire
In Kuwait, Microsoft's Windows Fell From 97% to Just 15%
According to statCounter
GNU/Linux in Philippines Climbs to New Levels
This is an all-time high
Links 11/06/2024: Windows Outcry and Climate News
Links for the day
Tux Machines Was Always a Women-Run Site (the Real Voices of GNU/Linux, Not Political Props in Corporate Events)
Corporate "diversity" is more of a marketing/PR gimmick than real, genuine diversity
Macao: GNU/Linux Desktop/Laptop Operating System Market Share Rising Close to 7%
GNU/Linux Rises to Record High in Macao
FSF is Now 50% Female, Unlike Red Hat (Which Moaned About Lack of "Diversity" at FSF)
Isn't the hypocrisy just astounding?
Since COVID-19 Lockdowns Windows Fell From Almost 50% to Just 10% in Loas
According to statCounter
[Meme] Quantity Says Nothing About Worth, Value, or Quality
People will generally gravitate towards things of quality and reputation
Microsoft's Windows in Gabon: From 20% 'Market Share' Down to Around 10% in a Few Months
Gabon is not a small country
Meanwhile at canonical.com
Canonical knows exactly what Ubuntu users want
[Meme] Microsoft (and the NSA) Will Never Forget
The user trying to permanently disable 'recall'
Windows Falls Below 20% in United Arab Emirates This Month
According to statCounter
"Windows 11's Recall AI, known to take snapshots and recordings of user computers regularly, including key presses, was discovered to store all its information in an unencrypted local folder."
"You can copy the data from another user's "recall" folder as another user."
Fedora Week of Diversity (FWD) 2024 Outsourced to Proprietary Spyware of GAFAM
Need to use proprietary software to participate
IRC Proceedings: Monday, June 10, 2024
IRC logs for Monday, June 10, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] Clown Computing is Better For...
Clown: they said clown computing enhances security
One in a Thousand Voters Chose to Vote Daniel Pocock (as First Preference)
He got about 4 times more votes than what had him win FSFE elections
Daniel Pocock on Good Performance in His EU Election Campaign: Thanking the voters of Midlands-North-West, Ireland
Reprinted with permission from Daniel Pocock
The 'IT Industry' is Already in Ruins
The "powers that be" do not want the "hoi polloi" to possess skills and systems
Microsoft's Windows is Sliding Away Into Minority Platform Territories, Even in Rich Countries With Affluent Computer Users
We seem to be striking a nerve at Microsoft every time we say this
Self-Hosting Should be Taught and Embraced, Outsourcing Creates More Problems (or Risks) Than It Solves
One can control one's destiny...