Bonum Certa Men Certa

The Linux Foundation Needs a Rethink About Software Patents Stance (Currently Represents Multinationals, Not GNU/Linux Users/Developers)

Jim Zemlin



Summary: The stance of the Linux Foundation resembles that of the OIN and Peer-to-Patent, which makes it a peril to real progress in the fight against software patents

OIN and LF (Linux Foundation) are tightly related entities whose position on patents we wrote about a few years ago. Not much has changed since then, except that we have a lot more evidence to validate and solidify this relationship this year (the older post is from 2008).



Those who have followed this site for a while would probably know that we are sceptical of the OIN because rather than abolish software patents it is validating a strategy of getting more software patents to 'cancel out' those of enemies of GNU and Linux (more of the latter). Peer-to-Patent takes a similar approach in spirit. We have just found out that Peer-to-Patent liaised with patent lawyers. Are they wasting students' time and legitimising patents? Read the following from a UK-based patent lawyers' blog:

Last week's Peer-to-Patent (P2P) seminar, organised by the IPKat and kindly hosted in Olswang LLP's cosy rooftop nest in Holborn, is gone but not forgotten. For one thing, this blog is privileged to have some notes from one of those present, Dr Roger J Burt (a European and Chartered Patent Attorney with huge experience of software-related patents).

[...]

There is a particular hope that university students, particularly computer science students for the present pilot, may take part and benefit from learning about the patent system and how it works".


What a silly idea. If anything, British students need to be taught to reject the patent system and antagonise companies that lobby for software patents. These companies are enemies of their prospective occupation. They are monopolising the field and reducing the number of available jobs in computer science. We were even more saddened to see Jim Zemlin closing his latest interview with the following brow-raising statement:

Zemlin: I think we were speaking around patent reform. I think everyone in the tech industry related specifically to software would like to see a higher bar in terms of quality for patents issued around software because the lack of quality leads to a lot of needless litigation.


The problem is not "quality for patents issued around software", the problem is "patents issued around software," right? The head of the FFII interprets this as "Zemlin of LinuxFoundation a supporter of swpats [software patents]" and given the OIN's approach, it is not exactly shocking. Both the OIN and the Linux Foundation are a bit like front groups for large supporters of Linux, especially the big companies that engage in kernel development for their own benefit. If the LF is a front to software patents proponents like IBM and like Intel, then we need to reassess our take on the LF's position regarding patents, not just the OIN's position (which we never truly supported, with exceptions). IBM's Rob Weir tweets about fake patent 'reform' which goes under the nose of the IBM veteran-led USPTO (Kappos):

Fascinating congressional patent reform bill debate on CSPAN.. Debating first-to-invent versus first-to-file


That's not the reform we should focus on. The real reform people want and need would stop monopolies like IBM from getting 'ownership' of algorithms. Let us remember that IBM and Intel -- not just Microsoft -- are behind the push for software patents in NZ -- an important subject at this moment because US-based Web sites try to impose their power upon the kiwis, e.g. by claiming "widespread criticism of proposed exclusion and examination guidelines". This is an utter falsehood. The only criticism comes from US-based giants, their few partners in NZ, and patent lawyers. The population of NZ rightly retests the idea of software patents in this country. To quote the part that is true:

The future of software patents in New Zealand remains in doubt following an almost unanimous rejection of a proposal to exclude computer-implemented inventions from patentability in a recent public consultation.


Let us hope it stays this way. Patent cartels would just love to validate their monopolies in NZ, which would in turn put NZ-based programmers in a position of needing permission from the US to just write simple computer software, however original.

Software patents never made sense, but they made a lot of money for those who produce the least. To insist on the burial of existing software patents (in the US) is not to be armed revolutionists or rebels; it's just the only rational, progressive thing to do. Developers like yours truly are being assaulted with sanctions so that monopolists can improve their profit margins.

Comments

Recent Techrights' Posts

Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
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
 
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"
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
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