Bonum Certa Men Certa

Eclipse Foundation Director: “Software Patents Are Basically a Bad Idea”; IBM Still Celebrating Patents

Eclipse 3.6 Helios



Summary: Mike Milinkovich is unhappy about software patents and at IBM it's business as usual (more software patents)

UNREST over the issue of software patents is growing. Developers are as mad as Hell as they're not gonna take this anymore. OK, maybe it's not that serious, but very few developers actually support software patents. Support for this curse comes mostly from lobbyists of large companies such as Microsoft, as well as their lawyers, who simply profit from software patents. In the next post we'll cover some developments around the world and in this post we'll present some opinions of developers who speak out.



OMG!Ubuntu, which typically avoids anything 'political', has just made an exception. There is an unusual story from this site, courtesy of Dave Lane from Christchurch, NZ. "Why Software Patents are worse than useless" is the headline of the post which also dares to criticise Microsoft (yes in OMG!Ubuntu, believe it or not!):

But here’s the clincher: MS had tried to submit the same patent in New Zealand after the applications were denied by the US, Europe, South African, and Japanese patent offices for being obvious and subject to prior art. They thought they could count on the incompetence of the NZ patent assessors – and they would’ve been right had it not been for our challenge! It was a disgusting and highly unethical move by Microsoft. But if we had only caught one, how many other trivial software patents (or those subject to prior art) had already been passed? How many were waiting for some unethical kiwi patent troll (or worse yet, one of the multinational corporations who hold approximately 90% of NZ patents) to decide to start sabre rattling?

The Microsoft Patent FUD Threat Bomb

And then in May 2007, it began: Microsoft accused Linux and open source software of infringing on 235 of its patents.

Not only did Microsoft not bring a lawsuit against anyone, Microsoft’s General Counsel Brad Smith and licensing chief Horacio Gutierrez simply stated didn’t even mention which patents Linux and other FOSS software infringed.

Microsoft, with the best lawyers money can buy, felt that they could derail the entire FOSS software movement simply by threatening the possibility of suing for patent infringement. Clearly their goal with the statement was to strike fear into businesses with deep pockets (who, surprise surprise, are most often the targets of patent infringement suits) who were toying with the idea of investing in and/or adopting FOSS. Of course, similar threats could be just as effective against proprietary software users.

To me, not only was that unethical – and exceeding immature (I would’ve been embarrassed to death if I was either of those two Microsofties making that claim on the record): “yes, we think you’re infringing on our patents… but we won’t tell you which ones! Nee nar nee nar.” It also illustrated for me the fundamental wrongness of software patents. Let me try to explain.

If I, or my colleagues, are cutting code to solve a problem, it was almost certain that the use case we were codifying had been seen by someone else, somewhere in the world. And perhaps some component of it was patented. The odds were almost 100% that software we were incorporating into our customer’s solutions from the cornucopia of FOSS could arguably been seen to infringe on someone’s software patent somewhere. How could we ever hope to know?

The answer is: we wouldn’t. Not until we (or, more likely, our customers) received an infringement notice.


Despite IBM's influence over Eclipse, Mike Milinkovich slams software patents (IBM is in favour of software patents). Watch what he says in response to the questions: "Are you worried about the Red Hat settlement with Acacia? And what about patent trolls in general?"

I’m not worried about the Red Hat ruling. Software patents are basically a bad idea. There might even be an occasional software patent that is a good idea, but the pace at which software has been patented over the last 15 years and the sheer number of patents tells you that the implementation of software patents is bogus. There is no excuse for the software patents that are out there, and most of the patents I have read do not strike me in any way as innovative. We have a problem, and there is no way the open source community can stick its head in the sand and pretend it does not exist. I think Red Hat coming up with a solution is actually important for them. Yes, it would be lovely if we could make the US government agree that software patents should just go away. The companies which are big supporters of the open source community… I’m not sure it’s fair to criticise them for making the best of a bad situation. It’s up to them to make the best of a bad hand. I don’t fault Red Hat for resolving the suit. None of us knows what’s in that agreement, but I would not be surprised if they managed to write the agreement with some protections for their downstream consumers.

It’s an incredibly complex issue. I don’t think it’s going to go away. I don’t think somehow pretending open source is somehow immune from patent trolls or patents in general is a very wise course of action.


That's a bold thing to say. One must remember the shadow of IBM, which is the largest patentor. There is more of that baggage from IBM but none from Novell in this new roundup of Utah patents, which starts with:

Risk assessment within an aircraft, patent No. 7,885,908, and risk assessment between airports, patent No. 7,885,909, invented by Robert Lee Angell of Salt Lake City, Robert R. Friedlander of Southbury, Conn., and James R. Kraemer of Santa Fe, N.M., assigned to IBM Corp. of Armonk, N.Y.


Despite the mischiefs of Samsung, IBM has also just signed a patent deal with it. Among the early articles about it [1, 2, 3, 4, 5, 6, 7, 8, 9] we found out that the patent lawyers community called it "[t]he biggest cross-licensing deal the world has ever seen" (yes, Samsung too is one of the top patentors). With a deal like this they are leaving everyone else outside, uncovered by a massive pile of patents. Here is how they puts it in their press release:

Over the past several decades, IBM and Samsung have built strong patent portfolios covering a wide range of technologies including semiconductors, telecommunications, visual and mobile communications, software and technology-based services. This cross-licensing agreement enables the two companies to innovate and operate freely while using each other's patented inventions to help keep pace with sophisticated technology and business demands.


Well, these two companies could also "innovate and operate freely" without having patents at all. Creating all these market barriers is simply a way of impeding small companies. IBM can be selfish about it as long as it serves shareholders' interests, i.e. as long as it causes no PR damage.

Recent Techrights' Posts

Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
 
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025