Linked by Thom Holwerda on Sun 29th Jul 2012 10:48 UTC
Legal Groklaw nails it: "In other words, [Apple and Microsoft] want to disarm the companies that got there first, built the standards, and created the field, while the come-later types clean up on patents on things like slide to unlock or a tablet shape with rounded corners. Then the money flows to Apple and Microsoft, and away from Android - and isn't that really the point of all this, to destroy Android by hook or by crook? The parties who were in the mobile phone business years before Apple or Microsoft even thought about doing it thus get nothing much for their earlier issued patents that have become standards. Apple and Microsoft can't compete on an even field, because the patent system rewards the first to invent (or now, after the recent patent reform, the first to file). Neither Apple nor Microsoft got there first. Samsung was there, since the '90s." To illustrate: Apple is demanding $24 (!) per Samsung device for design patents, while at the same time, Apple also demands that Samsung does not charge more than $0.0049 per standards essential patent per device. This is absolutely, utterly, and entirely indefensible. And then Apple and its supporters have the nerve to claim Samsung is ripping them off. Yes, this pisses me off, and no, that's not because it's Apple doing it (Microsoft is just as guilty). It's because this is plainly, utterly, clearly, and intrinsically unfair.
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RE[3]: Comment by marcp
by galvanash on Sun 29th Jul 2012 17:29 UTC in reply to "RE[2]: Comment by marcp"
galvanash
Member since:
2006-01-25


"Just because something is F/OSS doesn't make it free from software-patents.

I can't understand how can you write such stuff. It would actualy mean you don't know the whole Free Software ecosystem. Closed source is all about the patents. Free Software is all about anti-patent system.
"

It doesn't matter "what it is about". I don't think you understand what was meant here... I myself am totally against software patents - but I cannot stick my fingers in my ears and chant la-la-la and magically make the patent system disappear.

In the US at least, software patents exist - it is the law of the land. There have been quite a few cases where patented code was found in open source software and the patent holder sued successfully and won. A few of them even involve Linux and other very high profile OSS projects. Happens all the time.

I'm not saying it is right, or that I agree with it... But saying that something being OSS makes it free of patents is completely naive.

Its practically impossible to make a software product that goes beyond trivial functionality and doesn't violate an existing patent - that is the whole damn problem... You can't "intend" to be patent free, you either are or aren't - and unless you hired lawyers and spent many thousands of dollars doing a clearance of the code you have more than likely violated a patent.

Ironically, the only real way to prove your code is free of other peoples patents is to patent it yourself. And thus we all go spinning down the rabbit hole...

Edited 2012-07-29 17:31 UTC

Reply Parent Score: 3

RE[4]: Comment by marcp
by marcp on Sun 29th Jul 2012 19:12 in reply to "RE[3]: Comment by marcp"
marcp Member since:
2007-11-23

In the US at least, software patents exist - it is the law of the land. There have been quite a few cases where patented code was found in open source software and the patent holder sued successfully and won. A few of them even involve Linux and other very high profile OSS projects. Happens all the time.


Oh, don't get me started on US law, and US patent law in particular. It is a huge pathology which tries to spread on the whole earth. It is unreasonable, it favors huge corporations, it allow existence od software patent trolls, it ruins creativity and it is generally way beyond its primary purpose.
People used to talk about OSS projects, just like they want to avoid FLOSS projects. People who support patent system tend to focus on OSS, others [who prefer freedom] focus on FREEDOM, also a freedom from patents.

Reply Parent Score: 5

RE[5]: Comment by marcp
by MollyC on Mon 30th Jul 2012 04:00 in reply to "RE[4]: Comment by marcp"
MollyC Member since:
2006-07-04

US does recognize software patents, but I've read that it's the EU that recognizes "design patents", of the sort that Apple is enforcing.

Also, I think individual EU countries recognize some software patents (Motorola's demands for 4 billion dollars a year to license four H.264 patents have been made and recognized in Germany, not the US).

Reply Parent Score: 2