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Patents Software Linux

Alan Cox on Patent Law and GPLv3 191

tykev writes "Linux kernel guru Alan Cox talks about kernel features, cooperation with hardware vendors, and software patents. From the interview: 'I don't think [Microsoft's patent threats] are the biggest danger. As Microsoft has been finding out recently it is the patent trolls, and organisations with buried patents in interesting areas that are the biggest threat in the USA. The real answer to that problem, however, is to pull the USA back into line with the majority of the world which simply does not recognize patents on software but respects them as literary works subject to copyright law.'"
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Alan Cox on Patent Law and GPLv3

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  • 'I don't think [Microsoft's patent threats] are the biggest danger. As Microsoft has been finding out recently it is the patent trolls, and organisations with buried patents in interesting areas that are the biggest threat in the USA.

    No s***. But "recently"? Part of Microsoft's stated reason for building up its patent collection over the past 15 years has been to defend against patent trolls Microsoft knew would be coming for Microsoft ASAP. (In fact, I think a near-dup Slashdot story in the past week ha

    • by Dan Ost ( 415913 ) on Sunday June 10, 2007 @09:57PM (#19461971)
      So, how exactly does a patent collection defend against patent trolls?

      The whole idea of the patent troll is that they don't have any business to defend so that they can use their patents offensively without worrying about (non-karmic) retaliation.
      • So, how exactly does a patent collection defend against patent trolls?

        If you are sued on patent violation claims, and you don't have your own patent collection, you are screwed. If you have a fat collection then you counter-sue, because the other party most likely is violating one of your patents; in the end you'll most likely end up cross licensing each other patents and move on.

        I know, is stupid as hell, but it's the way it works right now. Thank the US of A for the idiocy of the patent system.

        Of course,

        • by Eivind ( 15695 )

          How do you figure ? A patent-troll is a company that produces no product and offers no service. They exist *only* to extract money by threathening with their patent-portofolio. As such, there is little chance that they'll be violating any of your patents. How could they when they literally don't do or produce *anything* ?

          The principle you mention, a kind of Mutually Assured Destruction, works when two large companies, both with patents in eachothers fields clach. Microsoft certainly infringes IBM-patents,

    • by Eivind ( 15695 )
      Think before you type. A patent-troll is usually defined as a company that makes no product and offers no service, instead existing *only* to extract money from other companies by threathening them with patents. As such, owning a million patents will be no defense against a patent-troll whatsoever. Since they literally do nothing, there is little chance that they will be infringing any of your dear patents.
  • Ouch! (Score:5, Funny)

    by Anonymous Coward on Sunday June 10, 2007 @08:59PM (#19461691)
    pull the USA back into line with the majority of the world

    I thought the US is the majority of the world...

    At least my TV says so.
  • He's Right (Score:4, Insightful)

    by slimjim8094 ( 941042 ) on Sunday June 10, 2007 @08:59PM (#19461695)
    Microsoft simply can't sue individual OSS developers or users. And anyways, if Samba works the best with Windows, OSX, and Linux, people will still be using MS's "standard". Same goes for Kerebos and any other embraced and extended protocols.
    Linux (and OSS) needs to support Windows. To do that, (in theory) they need to infringe on MS patents. It really is in Microsoft's best interests to allow this to happen, as it keeps people on their protocols, and tied in to their software.
    The point of the threat was to scare commercial OSS users (the ones that can't take the PR hit of a lawsuit) into buying the Novellisoft "covenant" thingy that people have been bitching about. They never would have even sued those companies the Novell deal targeted. It just doesn't make sense, and would destroy their image even more.
    Their plan? They know the power of open-source software. They know how well it works together, and with proprietary software (I think you can even use a Samba server to be a PDC in a Windows domain). They just want to keep people using their software in some form, rather than not at all. (If I didn't want to get sued, I'd force Windows to work with NFS, not Linux to work with SMB, or become an all-ODF shop...) This way, they can still cling on.
    • Re:He's Right (Score:5, Insightful)

      by daeg ( 828071 ) on Sunday June 10, 2007 @09:09PM (#19461777)
      The stupid thing is that why should integrating with Windows infringe on patents at all? I paid for software, I should be free to do with it as I please. If they aren't ready to accept me tinkering with it, they should never have sold it in the first place.

      When I buy a car, I can take a sludge hammer to it. I can chop it up into tiny pieces and re-sell it. I can repaint it, put new seats in, I can even replace the engine. Why should software be any different? Are there any other industries protected by such a strong veil?
      • Why should software be any different? Are there any other industries protected by such a strong veil?

        Seeing the success of Microsoft, Ford and GM introduce EULAs for cars...
      • Re:He's Right (Score:4, Insightful)

        by r.jimenezz ( 737542 ) <rjimenezh.gmail@com> on Sunday June 10, 2007 @10:19PM (#19462073)
        I paid for software

        No, you didn't. You paid for the right to use software - for some very specific rights, actually; not even all you'd wish/can think of/consider are entitled to.

        • No, he didn't. He bought a shiny disk with lots of little encoded bits on it that happen to be useful to certain kinds of computing devices. He can use it to install the software, or he can use it as a frisbee. And he can do lots of other things with it, too. All he can't do is distribute copies of it without permission, because of copyright law.
        • by Eivind ( 15695 )

          Yes I did. It depends on your jurisdiction.

          You typically aquire software by doing something like the following:

          • Enter a shop. Pick a product from the shelves.
          • Walk to the counter. Say something like: "I'd like to buy this, please."
          • "That'll be $39.95, then, is that all ?"
          • Yes, thank you. Here you are. (cash changes hands)

          Notice that at -NO- point was there any mention of any kind of license, any set of specific rigths, or anything of the sort. It was a plain and simple sale, just like buying an apple

          • by AVee ( 557523 )
            You typically aquire books by doing something like the following:

            Enter a shop. Pick a product from the shelves.

            Walk to the counter. Say something like: "I'd like to buy this, please."

            "That'll be $39.95, then, is that all ?"

            Yes, thank you. Here you are. (cash changes hands)
            And from that point it is your book. You can tear it apart, burn it to stay warm, resell it to someone else. You might even read it should you want to.
            However, you cannot just start making (partial) copies of this book, the law put

            • Re: (Score:3, Insightful)

              by WNight ( 23683 ) *
              That used to be the case, until a specific exemption was made. Section 117 of the US Copyright Act allows for temporary copies of a work that are necessary for the using the work in its intended manner. (And for backup purposes as well.)

              In other words, software that runs from the HD can be installed to the HD. If it needs to be copied into RAM, it can be, etc.

              And, you do *own* your copy of software. You're allowed to sell it.

              The law in no way recognizes any of the rights software companies try to claim thro
      • Re: (Score:2, Insightful)

        When I buy a car, I can take a sludge hammer to it. I can chop it up into tiny pieces and re-sell it. I can repaint it, put new seats in, I can even replace the engine. Why should software be any different? Are there any other industries protected by such a strong veil?
        You're obviously [stealing cars and running a chop shop in your garage | a hacker destroying our computer systems]. Please wait while the police make their way to your house.
      • Nobody is stopping you to use a sludge hammer on the Windows CD (I even encourage you)
    • Re:He's Right (Score:4, Insightful)

      by grcumb ( 781340 ) on Sunday June 10, 2007 @09:57PM (#19461969) Homepage Journal

      Their plan? They know the power of open-source software. They know how well it works together, and with proprietary software (I think you can even use a Samba server to be a PDC in a Windows domain). They just want to keep people using their software in some form, rather than not at all.

      You were doing great until that last sentence. Microsoft wants everyone to use Microsoft software, everywhere and all the time. This latest round of manoeuvres on the patent front is simply one aspect of a concerted attempt to de-commodify software, standards and protocols.

      This is not news. We've known since the Halloween Documents [catb.org] first appeared in 1998 that they might do this:

      "OSS projects have been able to gain a foothold in many server applications because of the wide utility of highly commoditized, simple protocols. By extending these protocols and developing new protocols, we can deny OSS projects entry into the market."

      Protocols are by their nature immune to copyright protection, but not to patents. It seems clear that Microsoft sees patents as a necessary weapon in their fight against open standards. I think they're right. Software patents are anathema to open standards, and that's why software patents have to be stopped.

      For my part I find it a little disturbing that people who've been in the FOSS game for this long should so easily forget this. Microsoft's take on the patent issue seems to be that they're big enough to cope with the madness of patent litigation. They'll take some hits in the short term, but ultimately, they'll end up holding enough of the patent pie that they'll be unassailable.

      FOSS, however, suffers far more than Microsoft ever could. Even today, the presence of sharks in the patent waters might be enough to stop the next Linus Torvalds from sitting down and writing the Next Big Thing, or perhaps to convince the next Richard Stallman that the battle is already lost. The more they drive developers into the embrace of large corporations, the more they can influence - if not dictate - the directions software development takes.

    • by non ( 130182 )
      let me cover what is covered by another user who replied here [slashdot.org].

      They never would have even sued those companies the Novell deal targeted. It just doesn't make sense, and would destroy their image even more.

      really? thats funny, i could have sworn they were doing this by proxy through SCO via Baystar. if you don't know what i'm talking about then perhaps you should google 'autozone lawsuit'. over the course of the SCO lawsuit i have been constantly reminded of a humorous piece i saw some years back about the
    • You inflate the value of M$'s legacy code and misunderstand M$'s goals. This is evident when you say:

      Microsoft simply can't sue individual OSS developers or users.

      That's obvious, despite attempts to extort and control individuals by our slow learning, MAFIAA friends.

      They hope to control distribution and make money that way. Don't believe me? Ask Novel and Xandros.

      M$ is a patent troll and a very dangerous one. With M$, software has always been a tool to make money. They owned it, promoted it and

      • by init100 ( 915886 )

        The dangerous part is how such notions have warped morals and US government policies. "Owners" have convinced a large portion of the US government that "IP" is the way to tax the world, to become some kind of thought and idea owners and make everyone else do the dirty work.

        A while ago I read an interesting text about why this is the case. The argument was that the US and the rest of the western world have realized that it is only a matter of time before they will be out-competed by low-cost countries in the third world on all material goods. To survive, IP will be the new and only export of the western world. Since IP by its nature can be copied, the entire world has to enact incredibly harsh laws regarding IP, so that nobody will infringe, simply out of fear for their life

  • How to compete? (Score:5, Interesting)

    by rolfwind ( 528248 ) on Sunday June 10, 2007 @09:05PM (#19461741)
    We let manufacturing jobs slip into other countries, and are told to be reassured - we get to keep the good engineering jobs. Yet they also set up the system that does not promote innovation, but rather one that is stacked in favor of the big players but with "good" intentions came the unintended consequences - like how leechers game the system.

    How can people stay positive on an economy that seems neither ultimately market-based rather than litigation based and where what used to be virtues (hard work, creativity, taking a chance) are punished by the government and unworthy trolls/big_players get the gains instead?
    • we get to keep the good engineering jobs.

      They gave those away too.
    • How can people stay positive on an economy that seems neither ultimately market-based rather than litigation based and where what used to be virtues (hard work, creativity, taking a chance) are punished by the government and unworthy trolls/big_players get the gains instead?

      If we didn't stay positive about our economy, we'd have to face the reality of it. At that point, the only people that would have jobs would be psychiatrists.

      And it helps to have alcohol. Lots and lots of alcohol.

  • Satire (Score:5, Funny)

    by Cafe Alpha ( 891670 ) on Sunday June 10, 2007 @09:26PM (#19461851) Journal
    I'm looking to the satire loophole applying to software - that you can use code in order to make fun of it.
  • 20 years! (Score:4, Insightful)

    by farkus888 ( 1103903 ) on Sunday June 10, 2007 @09:59PM (#19461985)
    I don't think that patents are an entirely faulty method of protecting software that is innovative. the real reason I feel that they are horrible for software is their 20 year lifespan. compare that to Moore's law. a single lucky patent of the right idea can guarantee you a monopoly for generations of software. 20 years is likely enough to get you sole rights to an idea for all of its useful lifetime. imagine if the patent for the typewriter were to be set to expire next year? as society continues to advance at faster rates the lifetime of a patent needs to get accordingly shorter or it will stifle creativity and slow human advances to a rate set by the lifespan of the patent.
    • I don't think that patents are an entirely faulty method of protecting software that is innovative.

      Software ideas don't need to be "protected". They won't get hurt if someone else uses them.

  • The patent trolls are the silent enemies.

    Like in the forest, you look for the bears, but it's the snakes and cobras that ultimately get you. You don't see 'em until it's too late.

    Everyone looks and waits to be sued by Oracle, AMD, Ford, GM, Union Pacific, Amtrak, United, Fidelity, Morgan, Carnegie, Microsoft, IBM, Boeing, Raytheon, Intel, Nike, McDonalds, Disney, or any other household name.

    But it's some un heard of patent troll, some unknown law firm from the middle of nowhere, who will kill you at t

  • the following conditions are true:

    - Patents and copyrights must have a limited time frame, and can not be extended (don't make me talk about that mickey mouse thing)

    - All copyrighted materials must be registered at a central repository, and accessible to all for perusing. Otherwise, you don't the protection of the law. If you don't register, your work becomes public domain.

    - All patented "inventions" must be registered at a central repository, and accessible to all for perusing. If you are patenting softwar
    • Re: (Score:3, Insightful)

      by KarmaMB84 ( 743001 )
      Requiring registration will just lead to the required payment for registration being too high for anyone but the the people who are abusing patents right now to afford it.
      • I'm not sure I like the idea of requiring registration to get copyright protection, but even so, it could be made so that there would be no fees for registration, and that you could register in 5 seconds over the net. There could be a page saying "send in your work along with your name".

        There could be an issue with fake claims of copyright ownership, though, but I guess we already have that possibility.
    • by jareds ( 100340 )
      Copyrights that expire on death is nuts if you believe in copyright at all, particularly if the duration is only 20 years anyway. Such a proposal makes it so that authors make less money if they have health problems (beyond any intrinsic productivity issue the health problem might be causing). Exclusive rights to a book that are likely to expire in 5 years or so are less valuable than exclusive rights that are not likely to expire before 20 years. The problem might be more acute with software, where the
  • by stony3k ( 709718 ) <`moc.liamg' `ta' `k3ynots'> on Sunday June 10, 2007 @11:58PM (#19462471) Homepage
    Someone had earlier posted about the four different types of "intellectual properties" - patents, copyright, trademark and trade secrets. I always find it pretty amazing that software seems to be the only field where all 4 protections could be available on the same piece of code.

    A piece of code can be protected by patents, can be copyrighted, trademarked and even held a trade secret (closed source). What's so special about software that it mandates so much protection? I'd love to see just one protection available for software. For instance, if it's trade secret (closed source) then you don't get patent or copyright protection. If it's open source, then you get only copyright protection. For really core and non-obvious algorithms, you can get patent protection, but you will lose copyright protection in that case (say you will need to submit the code as part of the patent application, making it public domain).

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