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
- Early Retirement Age: Linus Torvalds Turns 55 Next Week
- Now he's almost eligible for retirement in certain European countries
- Gemini Links 22/12/2024: Solstice and IDEs
- Links for the day
- BetaNews: Microsoft Slop is Your "Latest Technology News"
- Paid-for garbage disguised as "journalism"
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Saturday, December 21, 2024
- IRC logs for Saturday, December 21, 2024
- Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
- Links for the day
- [Meme] Microsofters at the End of David's Leash
- Hand holding the leash. Whose?
- Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
- the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
- Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
- Links for the day
- American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
- the latest data plotted in LibreOffice
- [Meme] Brian's Ravioli
- An article per minute?
- Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
- Links for the day
- LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
- We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
- Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
- And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
- Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
- "managers want more LLM slop"
- Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
- started as a rumour about January 2025
- On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
- The future of newsrooms or another site circling down the drain with spam, slop, or both?
- "The Real New Year" is Now
- Happy solstice
- Microsoft OSI Reads Techrights Closely
- Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
- "Warning About IBM's Labor Practices"
- IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
- [Meme] The Easier Way to Make Money
- With patents...
- The Curse (to Microsoft) of the Faroe Islands
- The common factor there seems to be Apple
- Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
- One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Friday, December 20, 2024
- IRC logs for Friday, December 20, 2024
- Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
- Links for the day
- Links 20/12/2024: Security Patches, Openwashing by Open Source Initiative, Prison Sentence for Bitcoin Charlatan and Fraud
- Links for the day
- Another Terrible Month for Microsoft in Web Servers
- Consistent downward curve
- LLM Slop Disguised as Journalism: The Latest Threat to the Web
- A lot of it is to do with proprietary GitHub, i.e. Microsoft
- Gemini Links 20/12/2024: Regulation and Implementing Graphics
- Links for the day
- Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
- Links for the day
- Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
- Windows Update is obligatory, so...
- The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
- Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
- Microsoft's All-Time Lows in Macao and Hong Kong
- Microsoft is having a hard time in China, not only for political reasons
- [Meme] "It Was Like a Nuclear Winter"
- This won't happen again, will it?
- If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
- bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
- Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
- Microsoft barely has a grip on this country. It used to.
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Thursday, December 19, 2024
- IRC logs for Thursday, December 19, 2024