» 
Arabic Bulgarian Chinese Croatian Czech Danish Dutch English Estonian Finnish French German Greek Hebrew Hindi Hungarian Icelandic Indonesian Italian Japanese Korean Latvian Lithuanian Malagasy Norwegian Persian Polish Portuguese Romanian Russian Serbian Slovak Slovenian Spanish Swedish Thai Turkish Vietnamese
Arabic Bulgarian Chinese Croatian Czech Danish Dutch English Estonian Finnish French German Greek Hebrew Hindi Hungarian Icelandic Indonesian Italian Japanese Korean Latvian Lithuanian Malagasy Norwegian Persian Polish Portuguese Romanian Russian Serbian Slovak Slovenian Spanish Swedish Thai Turkish Vietnamese

definition - Software_patents_and_free_software

definition of Wikipedia

   Advertizing ▼

Wikipedia

Software patents and free software

From Wikipedia

Jump to: navigation, search
Computer programs, software and
patent law
Topics

Software patent
Debate
Free software
List of patents

Treaties

TRIPS Agreement
Patent Cooperation Treaty
European Patent Convention

Countries

United Kingdom
United States

Case law

European Patent Office
United Kingdom

Related topics

Business methods

Opposition to software patents is widespread in the free software community. In response, various mechanisms have been tried to defuse the perceived problem.

Contents

Positions from the community

Community leaders such as Richard Stallman,[1] Alan Cox,[2] Bruce Perens,[3] and Linus Torvalds[4][5] and companies such as Red Hat,[6] and MySQL,[7] and community groups such as FSFE,[8] IFSO,[9] all believe that patents cause problems for free software.

Patent licensing

Patent holders can require infringers of their patents to take out a license to continue using an invention covered by the patent, which may or may not require payment of a fee. Otherwise, the infringer must stop infringing the patent, possibly by removing or modifying the patented feature so that the product no longer infringes. This possibility may be easier with software than other types of inventions since computer program often perform many different functions or a similar result may be achieved in a different, non-infringing manner. Nevertheless, the software may not be useful without the patented feature.

Benefits of free software

US patent attorney Dan Ravicher argues that free software's distributed development model which leads to fewer concentrations of wealth, plus free software's public benefit create economic and legal protections.[10]

Problems for free software

Free software projects cannot agree to patent licences that include any kind of per-copy fee. No matter how low the fee is, there is no way for a free software distributor to know how many copies are being made. Also, adding any requirements to pay or to notify someone each time a copy is made would make the software no longer free software.[11]

A patent licence that is royalty-free, or provides a one-time worldwide payment is acceptable. Version 2 of the GNU General Public License does not allow software to be distributed if that software requires a patent licence that does not "permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you".[12]

The 2004 OSRM study

In 2004, Open Source Risk Management commissioned a patent study, carried out by Dan Ravicher. For this study, Ravicher performed patent searches to estimate the patent-risk of the Linux kernel. His conclusion was:[13]

In conclusion, he found that no court-validated software patent isinfringed by the Linux kernel. However, Ravicher also found 283 issued butnot yet court-validated software patents that, if upheld as valid by thecourts, could potentially be used to support patent claims against Linux.

Techniques for opposing patents

Patent retaliation

"Patent retaliation" clauses are included in several free software licences. The goal of these clauses is to create a penalty so as to discourage the licensee (the user/recipient of the software) from suing the licensor (the provider/author of the software) for patent infringement by terminating the licence upon the initiation of such a lawsuit.

The Free Software Foundation included a narrow patent retaliation clause in drafts 1 and 2 of version 3 of the GPL, however, this clause was removed in draft 3 as its enforceability and effectiveness was decided to be too dubious to be worth the added complexity.[14]

Examples of broader clauses are those of the Apache License and the Mozilla Public License.

Patent pools

In 2005, IBM, Novell, Philips, Red Hat, and Sony founded the Open Invention Network (OIN). OIN is a company that acquires patents and offers them royalty free "to any company, institution or individual that agrees not to assert its patents against the Linux operating system or certain Linux-related applications".[15]

Novell donated the valuable Commerce One web services patents to OIN. These potentially threaten anyone who uses web services. OIN's founders intend for these patents to encourage others to join, and to discourage legal threats against Linux and Linux-related applications. Along with several other projects, Mono is listed as a covered project.

Lobbying for legislative change

Movements have formed to lobby against the existence and enforceability of software patents. The earliest was the League for Programming Freedom in the USA. Probably the most successful was the anti-software-patent campaign in Europe that resulted in the rejection by the European Parliament of the Proposed directive on the patentability of computer-implemented inventions which, the free software community argues, would have made software patents enforceable in the European Union. A fledgling movement also exists in South Africa.[16]

Promises from patent holders

Some software companies who hold significant patent portfolios have made non-aggression pledges to the free software community. These have varied in scope and have received a variety of responses. IBM,[17] Sun, and Nokia[18] are three examples. These have been described by Richard Stallman as "significant", "not really anything", and "next to nothing", respectively.[19]

Microsoft has pledged not to assert any claims against open source developers[20] which CEO Steve Ballmer called "an important step and significant change in how we share information about our products and technologies." [21]. This pledge has been accepted with some skepticism [22].

Infringement claims

Microsoft has claimed that free software such as OpenOffice.org and the Linux kernel violate 235 Microsoft patents and said that it will seek licence fees[23], but has so far failed to disclose which patents they violate.

In January 2008, Trend Micro accused Barracuda Networks of patent infringement for distribution of the ClamAV anti-virus software.[24][25]

Microsoft's patent deals

In November 2006, a highly controversial agreement was made between Novell and Microsoft that included patent licensing.[26] This led to much criticism of Novell by the free software community.[27]

In June 2007, Xandros announced a similar deal[28][29]

On June 13, 2007, a deal was reached between Microsoft and Linspire.[30] In return, Linspire would change its default search engine from Google to Live search.[31]

Ubuntu founder and director Mark Shuttleworth has said that Ubuntu will not be making any such deal,[32] as have Red Hat.[33] These have been joined by a weaker statement from Mandriva[34] that "we don’t believe it is necessary for us to get protection from Microsoft".

On October 2007, IP Innovation LLC, a company specialized in patent-protection, filed a suit for patent infringement against Red Hat and Novell[35][36][37]. However, IP Innovation LLC is a subsidiary of a company classified by some as a patent troll[38], and commentators suspect a strong connection between this company and Microsoft[35][36].

In December 2007, Microsoft granted the Samba project access to certain proprietary documents and must maintain a list of related patents for a one-time fee of 10,000 Euros [39].

See also

Free software portal

References

  1. "Transcript of Richard Stallman speaking about software patents". http://www.ifso.ie/documents/rms-2004-05-24.html. 
  2. "Alan Cox on software patents". 2005-08-01. http://www.linuxformat.co.uk/modules.php?op=modload&name=Sections&file=index&req=viewarticle&artid=15#patents. 
  3. /home/bruce/Patents.html
  4. "Linux Foundation Interview with Linus Torvalds, mostly talking about software patents". http://linux-foundation.org/weblogs/openvoices/linus-torvalds-part-ii/. 
  5. "Open Letter on Software Patents from Linux developers". http://www.effi.org/patentit/patents_torvalds_cox.html. 
  6. redhat.com | Red Hat Patent Policy
  7. MySQL AB :: MySQL Public Patent Policy
  8. FSFE - Software Patents in Europe
  9. Software Patentability & EU Directive COD/2002/0047
  10. Dan Ravicher. "Patents - Why Free/Open Source Software Might Have Less to Fear than Non-Free Software". http://www.groklaw.net/article.php?story=20040901004705872. 
  11. Richard Stallman. "The Dangers of Software Patents". http://www.ifso.ie/documents/rms-2004-05-24.html#licence. 
  12. "GNU General Public License version 2". http://www.gnu.org/licenses/old-licenses/gpl-2.0.html. 
  13. "OSRM PR: Results of First-Ever Linux Patent Review Announced" (PDF). http://www.osriskmanagement.com/press_releases/press_release_080204.pdf. 
  14. "Richard Stallman speaking about GPLv3 in April 2007". http://fsfeurope.org/projects/gplv3/brussels-rms-transcript#retaliation. 
  15. "Open Invention Network formed to promote Linux and spur innovation globally through access to key patents". Open Invention Network. November 10, 2005. http://www.openinventionnetwork.com/press_release11_05.php. Retrieved April 17, 2006. 
  16. "Freedom to Innovate South Africa". http://www.ftisa.org.za/. 
  17. "Top patent awardee donates 500 patents to open source". http://linuxdevices.com/news/NS9492990539.html. 
  18. "Nokia gives Linux bye on patents". http://linuxdevices.com/news/NS8236182857.html. 
  19. Richard Stallman. "Nokia's patent announcement next to nothing". http://www.linuxdevices.com/articles/AT4665245733.html. 
  20. Microsoft. "Microsoft Patent Pledge for Open Source Developers". http://www.microsoft.com/interop/principles/osspatentpledge.mspx. Retrieved 2009-12-07. 
  21. Microsoft. "Microsoft Makes Strategic Changes in Technology and Business Practices to Expand Interoperability". http://www.microsoft.com/presspass/press/2008/feb08/02-21expandinteroperabilitypr.mspx. Retrieved 2009-12-07. 
  22. George J. Weiss, Matthew W. Cain, Nikos Drakos. "Microsoft Declares Interfaces Accessible; Royalties May Apply". http://www.gartner.com/DisplayDocument?doc_cd=155733. Retrieved 2009-12-07. 
  23. Parloff, Roger (2007-05-14). "Microsoft takes on the free world". CNN. http://money.cnn.com/magazines/fortune/fortune_archive/2007/05/28/100033867/. 
  24. "Barracuda turns to open source users for patent research". http://www.linuxworld.com/news/2008/012908-barracuda.html. 
  25. "Legal Defense of Free and Open Source Software". Barracuda Networks. http://www.barracudanetworks.com/ns/legal/. 
  26. "The MS-Novell patent deal". http://www.microsoft.com/interop/msnovellcollab/patent_agreement.mspx. 
  27. "Bruce Perens's petition criticising Novell". http://techp.org/petition/show/1. 
  28. "Groklaw article on Xandros' Microsoft deal". http://www.groklaw.net/article.php?story=20070604183519938. 
  29. "Xandros community forums, first thread on this topic". Press release. http://www.microsoft.com/presspass/press/2007/jun07/06-04XandrosPR.mspx. 
  30. Linspire, Microsoft in Linux-related deal
  31. Slashdot | Linspire Signs Patent Pact With MS
  32. Mark Shuttleworth (2007-06-16). "No negotiations with Microsoft in progress". here be dragons. http://www.markshuttleworth.com/archives/127. Retrieved 2007-06-25. "We have declined to discuss any agreement with Microsoft under the threat of unspecified patent infringements." 
  33. "Ubuntu, Red Hat reject Microsoft patent deal". http://www.zdnet.com.au/news/software/soa/Ubuntu-Red-Hat-reject-Microsoft-patent-deal/0,130061733,339278741,00.htm. 
  34. "We will not go to Canossa". http://corp.mandriva.com/webteam/2007/06/19/we-will-not-go-to-canossa/. Retrieved 2007-06-20. 
  35. 35.0 35.1 Berlind, David (2007-10-11). "First patent suit against Linux has a Kevin Bacon-esque connection to Microsoft". zdnet. http://blogs.zdnet.com/Berlind/?p=833&tag=nl.e622. Retrieved 2007-10-12. "LLC is a subsidiary of Acacia Research Corporation... This past July Acacia hired Jonathan Taub away from his job as Director, Strategic Alliances for the Mobile and Embedded Devices (MED) division at Microsoft and then, just last week, it hired Brad Brunell away from his job at Microsoft where, among other jobs, he served as General Manager, Intellectual Property Licensing." 
  36. 36.0 36.1 "Patent Infringement Lawsuit Filed Against Red Hat & Novell - Just Like Ballmer Predicted". groklaw. 2007-10-11. http://www.groklaw.net/article.php?story=20071011205044141. Retrieved 2007-10-12. 
  37. The U.S. patent 5,072,412 concerns the desktop User Interface, see here
  38. "Patent-troll company attacks Novell and Red Hat". 2007-08-12. http://www.linux-watch.com/news/NS2013674721.html. Retrieved 2009-12-07. 
  39. The Samba Team (2007-12-20). "Samba Team Receives Microsoft Protocol Documentation". http://samba.org/samba/PFIF/index.html. Retrieved 2009-12-07. 

External links

 

All translations of Software_patents_and_free_software


sensagent's content

  • definitions
  • synonyms
  • antonyms
  • encyclopedia

Dictionary and translator for handheld

⇨ New : sensagent is now available on your handheld

   Advertising ▼

sensagent's office

Shortkey or widget. Free.

Windows Shortkey: sensagent. Free.

Vista Widget : sensagent. Free.

Webmaster Solution

Alexandria

A windows (pop-into) of information (full-content of Sensagent) triggered by double-clicking any word on your webpage. Give contextual explanation and translation from your sites !

Try here  or   get the code

SensagentBox

With a SensagentBox, visitors to your site can access reliable information on over 5 million pages provided by Sensagent.com. Choose the design that fits your site.

Business solution

Improve your site content

Add new content to your site from Sensagent by XML.

Crawl products or adds

Get XML access to reach the best products.

Index images and define metadata

Get XML access to fix the meaning of your metadata.


Please, email us to describe your idea.

WordGame

The English word games are:
○   Anagrams
○   Wildcard, crossword
○   Lettris
○   Boggle.

Lettris

Lettris is a curious tetris-clone game where all the bricks have the same square shape but different content. Each square carries a letter. To make squares disappear and save space for other squares you have to assemble English words (left, right, up, down) from the falling squares.

boggle

Boggle gives you 3 minutes to find as many words (3 letters or more) as you can in a grid of 16 letters. You can also try the grid of 16 letters. Letters must be adjacent and longer words score better. See if you can get into the grid Hall of Fame !

English dictionary
Main references

Most English definitions are provided by WordNet .
English thesaurus is mainly derived from The Integral Dictionary (TID).
English Encyclopedia is licensed by Wikipedia (GNU).

Copyrights

The wordgames anagrams, crossword, Lettris and Boggle are provided by Memodata.
The web service Alexandria is granted from Memodata for the Ebay search.
The SensagentBox are offered by sensAgent.

Translation

Change the target language to find translations.
Tips: browse the semantic fields (see From ideas to words) in two languages to learn more.

last searches on the dictionary :

4069 online visitors

computed in 0.094s

   Advertising ▼

I would like to report:
section :
a spelling or a grammatical mistake
an offensive content(racist, pornographic, injurious, etc.)
a copyright violation
an error
a missing statement
other
please precise:

Advertize

Partnership

Company informations

My account

login

registration

   Advertising ▼