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

Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
 
[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
[Meme] Money In, No Money Out (Granting Loads of Invalid European Patents)
EPO production?
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day