Bonum Certa Men Certa

Prior Art-based and Abolishment-based Methods of Stopping Software Patents

United around common goals

Hands in union



Summary: Another look at two complementary approaches that help defend Free software, one being deterrence based on the latter being reform-driven

THE patents landscape is being filled up with all sorts of extortion rackets that operate rather quietly. We previously mentioned several of these, including RPX which according to LWN the OIN keeps and eye on. To quote a very detailed article which is finally accessible to non-subscribers:



There are several defensive patent pools that have spent "billions to acquire patents". These include RPX, which has 100 members, and AlliedSecurityTrust (AST), which has 22 members, as well as OIN itself. OIN is a "very peculiar company" in that has six members but is "tasked with protecting the community". OIN and its members know that the community is "where new innovation is coming from", Bergelt said, and those innovations can be used to build billion dollar companies.

[...]

There is work to be done on mobilizing the open source software community to help fight these patents, he said. There is a "tremendous amount of prior art" that has not been identified, so OIN and others have been working on "structures" where developers can document their ideas in ways that can be used by the patent office. One of those is the "defensive publication", which is like a "patent without claims". OIN has spent "tens of thousands of dollars" to try to educate developers on how to defensively publish their ideas. In addition, there are opportunities for the community to identify existing prior art that can limit the claims or possibly invalidate patents that are in the examination process.


We generally choose appeasement with the OIN, despite some disagreements. United we stand stronger and we also have been engaging in correspondence with Groklaw. Tens of thousands of dollars could also be spent trying to eliminate software patents altogether, so the above approach leaves us somewhat sceptical. This is the goal of Techrights and several other sites of its kind, including Groklaw which has this new article on why software is reducible to mathematics. Quoting the introduction:

This article is a follow up on my previous article 1+1 (pat. pending)—Mathematics, Software and Free Speech. My original intent was to write a shorter and simpler explanation of the software is mathematics argument which would be accessible to laymen. This proved to be a too ambitious goal. This is about mathematics, software, computers and patents. This topic is inherently technical. I settled on the next best thing. I tried to assume as little knowledge of mathematics, computers and software as possible and still explain things properly. There are professions like journalists in the trade press and lawyers practicing in software related fields of the law whose members know more about computing than the ordinary folks but don't have the programming skills of Linus Torvalds. These people are the target audience.

The argument is based on the explanation of how software, hardware and data combine to implement functionality. When we have a complete picture of how functionality happens we can see clearly the parts played by the mathematical concepts of computation and algorithm. Once we have this knowledge it becomes clear in which sense and why software is mathematics.


The editor of Groklaw advocates two paths towards elimination of software patents, the latter of which is more conformist and to a certain extent aligns with the OIN's work. Perhaps a little bit of both would be best, at least for the time being as software patents exist in the US.

By the way, do not pay too much attention to this new parody of a patent 'reform' which has just been passed:

The Senate gave final approval to the first major overhaul of the nation’s patent law in more than a half century Thursday, sending the America Invents Act to President Barack Obama for his signature


America Invents Act... like Patriot Act, it's just a buzzword. We should all still demand a patent reform... a real patent reform.

Recent Techrights' Posts

Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
 
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter