Bonum Certa Men Certa

Open Source Initiative, Free Software Foundation, SFLC, Red Hat and Others Fight Against Software Patents at SCOTUS Level

Summary: The debate about software patents in the United States is back because many Free software advocacy groups and companies (not Open Invention Network though) are getting involved in a Supreme Court (SCOTUS) case

OVER THE past 6 months or so there have not been many debates about software patents. There were debates about trolls and other such distracting debates; many of them were 'pre-approved' by corporations and covered by the corporate press. We had highlighted this appealing trend several dozens of times before pretty much abandoning this debate and giving up on involvement; generally speaking, providing coverage for these debates is basically helping those who create obstacles for small players (monopolies/oligopolies) just shift the public's attention away from patent scope.



Debates about software patents returned about a week ago. The Open Invention Network (OIN) was mentioned in the article "Software patents should include source code", but it's such an offensive idea because it helps legitimise software patents, which is what the Open Invention Network often does anyway. To quote the article: "Computer-implemented inventions that are patented in Europe should be required to fully disclose the patented invention, for example by including working, compilable source code, that can be verified by others. This would be one way to avoid frivolous software patents, says Mirko Boehm, a Berlin-based economist and software developer working for the OpenInvention Network (OIN)."

Why on Earth does the Open Invention Network get involved in pushing the idea of software patents in Europe? Source code or not, software patents are not legal in Europe and the same goes in most of the world, including India where lawyers' sites still try to legitimise them.

In another blog post, one from a proprietary software company, the ludicrous notion of "Intellectual Property" is mentioned in the context of Free software and patents. The author is actually pro-Free software, but the angle he takes helps warp the terminology and warp the discussion somewhat. To quote him: "My usual response to the question, “Do I have to worry about patent trolls and copyright infringement in open source software?” is another question, “Does your proprietary vendor offer you unlimited liability for patent trolls and copyright infringement and what visibility do you have into their source code?” In the proprietary world I think you’d be hard-pressed to find a vendor who provides unlimited liability for their products against IP infringement, or even much over the cost of the products or services rendered. How often do you review their source code and if given the opportunity are you able to share your findings with other users. In open source that’s simply table stakes."

Contrary to all the above, the Software Freedom Law Center, together with the FSF and the OSI (Simon Phipps and Luis Villa) actually fight the good fight. To quote Phipps: "How important are software patents? We know they're a threat to the freedom of developers to collaborate openly in communities, chilling the commercial use of shared ideas that fuels engagement with open source. We know that the software industry was established without the "incentive" of software patents. But the importance of the issue was spotlighted yesterday in a joint action by two leading open source organizations."

Here is how Phipps concludes his article at IDG: "I endorse and welcome this joint position calling for firm clarity on software patents. (I was obviously party to the decision to take it, although I'm not writing on OSI's behalf here.) With 15 years of history behind us, there's far more that unites the FSF and the OSI than divides us. We've each played our part in the software freedom movement that has transformed computing. Now all of us in both communities need to unite to end the chilling threat of software patents to the freedom to innovate collaboratively in community."

Red Hat too is joining this battle and announcing this to shareholders, making some press coverage in the process amid many articles about SCOTUS in the post-Bilski case era (see some coverage in [1, 2, 3, 4, 5, 6, 7, 8, 910]).

Software patents are finally in the headlines again (not much sympathy for them), but there is also some focus on trolls, courtesy of companies like Samsung and Apple. Other recent reporting about patents covered patent lawyers' business, the role of universities in patents (they help feed trolls these days), and also USPTO reform (that was a fortnight ago). None of this dominated the news, however, as much as the debate was on software patents. So, perhaps it's time to get back to covering patents on an almost daily basis.

Software patents are the most important issue as they are the biggest barrier to Free software. We just need to have the subject of software patents and their elimination publicly discussed.

Recent Techrights' Posts

Free Speech Around the World is Curtailed in the Name of "Protecting Us"
We have spent many years speaking about how to combat this trend
Recent Site Changes and Looking Towards 2026
In November 2026 we turn 20
Mozilla Firefox is Probably Already Below 2% in the UK (United Kingdom)
LibreWolf identifies as "Firefox" by default
When You Don't Want to Tinker Much You Just Use GNU/Linux, Not Windows
With GNU/Linux upgrades are possible and, failing that, one can just back up the home directory and copy it "back into" the new OS
Coming Soon, the Next Chapter About the Crisis of the Open Source Initiative (OSI)
We're far from done
Expect GNU/Linux to Rise Sharply in China
But Red China won't trust Red Hat (IBM), which works for the Pentagon and keeps the "secret sauce" for its OS secret (just what Americans accused China of doing with its distros)
 
Links 17/03/2025: "Badly Misled About Covid" and "Gag of America"
Links for the day
The Lie or Half-Truth of Clownflare (or Equivalents) Improving Things
It may seem "cheap" (temporarily) and "fast", but that's just bait
Enshittification of Online Media
Now more than ever we must fight for independent press
War Readiness Means Removing Every Windows Installation and CALEA-Compliant Equipment
Finland is vulnerable for a whole bunch of reasons
Reporting Facts is Not a Privacy Violation
Techrights has long valued and defended privacy
In the Russian Federation (Russia), Microsoft Isn't Even the 1%
the government builds "homegrown" (not pertinent parts of them) distros with which to replace Microsoft, not just Windows
Gemini Links 17/03/2025: "Hack the Planet", Klingnauer Stausee, and Enshittification
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 16, 2025
IRC logs for Sunday, March 16, 2025
Slow News Cycles Are Part of a Trend, Technology Gravitating Towards Rich People's Interests
This issue isn't limited to the Web
Facebook REALLY, REALLY, R E A L L Y Does Not Want You to Read This Book
It would be a CRIME to read it
Illuminating Microsoft's Code of Conduct (CoC) Hypocrisy
Oppressor victimhood? Leadership claimed by the worst offenders?
Planet Ubuntu - or Ubuntu Planet - Has an LLM Slop Problem (Called Faizul "Piju" 9M2PJU)
Does investigative reporting have any future at all?
Links 16/03/2025: Handwriting Comeback and "MElon’s Attack on U.S.A.I.D."
Links for the day
Gemini Links 16/03/2025: "Differences Distance" and "Dopamine-addicted Pigeon"
Links for the day
Links 16/03/2025: American Press Under Attack, "France Offers to Take in US Scientists"
Links for the day
Gemini Links 16/03/2025: Threats to Canada and How to Process News Online
Links for the day
Links 16/03/2025: Growing Tariff Hostilities and Social Media Surveillance
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 15, 2025
IRC logs for Saturday, March 15, 2025
Gemini Links 15/03/2025: Sleeping in March, Headless Raspberry Pi 4
Links for the day
Links 15/03/2025: Hey Hi (AI) Hype Waning, Microsoft and Apple Ridiculed for Vapourware
Links for the day
Many Reports About Microsoft Layoffs Are LLM Slop Based on Other LLM Slop (From Microsoft-controlled LLMs That Downplay the Layoffs or Give Badly Outdated Data)
The LLM slopfarms also dilute/derank actual news about Linux by pushing Microsoft Azure instead; it's a spamfest!
When You Expose Corporate Crimes, Misconduct and Lies They Harasses and Troll You. Then You Write About the Harassment and Trolling and They Allege It's "All Personal".
protect women's safety
Gemini Links 15/03/2025: Bandcamp and DST
Links for the day
Links 15/03/2025: Albania TikTok Ban, No Skinnerboxes in Danish Schools
Links for the day
Sierra Leone: Android Up to Record Highs, Windows Falls to Record Lows of Almost 5% (15 Years Ago It Was 100%)
This is what happens when about 83% of Web requests come from mobile
Margarita Manterola (marga, Google) & Debian DebConf13 Swiss venue intrigue
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 14, 2025
IRC logs for Friday, March 14, 2025