Pinboard: bookmarks for sogrady tagged 'patents'

disagree with this more or less completely. the point is not that software can't be inventive, it's that a.) there is no system by which patents can be successfully vetted and granted, b.) it is self-evident that we have zero issues with the incentive for innovation (the nominal purpose for patents), and c.) if anything, the system is disincentive would be inventors b/c they have no way of knowing if what they're inventing is patented or not.

also, 7 years is far, far too long. consider the Apple/HTC issue presently. how does telling HTC they can release an Android handset in 2017 help, at all?

patents software
march 2010 by sogrady

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pmuellr: prior art

serving as a fact witness in a patent trial

patents priorart technology software pmuellr factwitness from delicious
march 2010 by sogrady

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Christopher Blizzard · HTML5 video and H.264 – what history tells us and why we’re standing with the web

i'm torn. i have to admit that my affection for the open web is warring with my pragmatism.

christopherblizzard mozilla opensource firefox patents flash analysis openstandards theora h.264 h264 codec openvideo html5 web licensing
january 2010 by sogrady

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Hacker News | Ask HN: Cases where software patents have prevented progress?

just for my later reference

patents software hackernews ip
january 2010 by sogrady

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Keith Bergelt: The Case for Market Based Patent Reform - CNBC Guest Blog - CNBC.com

"The foregoing dynamics underscore the need for legislative, regulatory and judicial patent reform coupled with market-led patent reform. Absent a joint market, industry and government effort that is comprehensive and seeks to resolve all of the challenges posed by today’s patent system, the result of legislative reform will be suboptimal."

patents system legislativereview regulation oin software
november 2009 by sogrady

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Red Hat tells Supremes: software patents stifle innovation - Business Exchange

couldn't agree more. i can't say it enough: there is no realistic process for processing and granting software patents, so allowing the current system to persist is borderline criminal.

software patents redhat scotus
october 2009 by sogrady

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Monomania | Tux Deluxe

Jeremy Allison on Mono, though, as @segphault observed, it's worth noting that the Samba devs have their own NDA history not discussed here

jeremyallison samba mono opensource patents
october 2009 by sogrady

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Health Check: Mono - The H Open Source: News and Features

pretty even handed look at the history and future of Mono

mono migueldeicaza patents richardstallman tomboy linux java sun microsoft foss
august 2009 by sogrady

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Law & Life: Silicon Valley » Top Ten Open Source Legal Developments: 2008

very useful list from Mark

2008 opensource legal developments foss sco gpl patents
january 2009 by sogrady

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Stefano’s Linotype » Blog Archive » Android, say thanks to Bilski

Stefano on Android and its potential patent implications vis a vis Java

android java stefanomazzocchi software patents sun
december 2008 by sogrady

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Practising Law Institute - Patent Practice Center - Federal Circuit Decides Software No Longer Patentable

has Luis written on this and i just missed it?

luisvilla software patents bilski
november 2008 by sogrady

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the legal thing... by Mike Dillon: Just one more thing.

more on the pending NetApp litigation from Sun

mikedillon sun netapp zfs litigation patents
october 2008 by sogrady

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the legal thing... by Mike Dillon: More on the NetApp litigation

Sun's general counsel on the ongoing NetApp legal matters

mikedillon zfs netapp sun litigation patents
october 2008 by sogrady

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The Permission Problem: Financial Page: The New Yorker

"Opportunities forgone aren’t always easy to see. The effects of overuse are generally unmistakable—you can’t miss the empty nets of fishing boats working overfished oceans, or the scrub that covers an overgrazed field. But the effects of underuse created by too much ownership are often invisible. They’re mainly things that don’t happen: inventions that don’t get made, useful drugs that never get to market." - one of the primary concerns with software patents

society rights reference property politics patents jamessurowiecki
august 2008 by sogrady

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Official Google Data APIs Blog: Google Data APIs patent license

"Well, those concerns end today as we are giving a no-charge, royalty-free license to any patents we have that you would need to implement Atom, AtomPub, or any of those extensions." - more of this, please

joegregorio api atom gdata google patents
april 2008 by sogrady

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MIX - Novell's de Icaza criticizes Microsoft patent deal - LinuxWorld

interesting to see Miguel this outspoken on the subject. one wonders if there are wider implications.

opensource migueldeicaza patents ip microsoft novell licensing
march 2008 by sogrady

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Boycott Novell » Mark Shuttleworth’s Stance on Mono Inside Ubuntu

Mark on the situation with respect to Mono and patents

markshuttleworth mono patents ubuntu
february 2008 by sogrady

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Intel, AMD, NVIDIA, others sued by Implicit Networks in patent brouhaha - Engadget

who doesn't love patents?

patents intel amd nvidia implicitnetworks
february 2008 by sogrady

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PC World - The Most Anti-Tech Organizations in America

AKA - the folks desperately trying to throttle useful innovation so that they are not compelled to adapt in any way, shape or form

business copyright culture patents technology drm via:randy
december 2007 by sogrady

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Joyeur: NetApp versus Sun, Sun versus NetApp, and Both versus Common Sense

unique perspective on the NetApp vs Sun conflict; worth a read

netapp sun joyent patents litigation zfs wafl nfs solaris jasonhoffman
october 2007 by sogrady

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Jonathan Schwartz's Weblog: ZFS Puts Net App Viability at Risk?

this should be fun to watch

zfs jonathanschwartz opensource netapp nfs litigation patents indemnification
october 2007 by sogrady

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Red Hat, Novell sued for patent infringment | The Register

here we go...

redhat novell patents litigation linux opensource
october 2007 by sogrady

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Luis Villa’s Blog / on joe on patents

"Which is why they are going after Linux users, most of whom have no patents of their own to retaliate with." - this is obviously possible, and Ballmer loves to imply it, but i think MSFT suing customers would be absolute brand suicide. i'd be surprised.

microsoft litigation linux steveballmer luisvilla patents
october 2007 by sogrady

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Microsoft aims patent guns at Red Hat - vnunet.com

"People who use Red Hat, at least with respect to our intellectual property, in a sense have an obligation to compensate us" - here we go again

steveballmer microsoft opensource innovation patents redhat via:jdub
october 2007 by sogrady

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Luis Villa’s Blog / Simon Phipps and Moonlight give me an excuse to post a cool picture

"License says ‘you can use it without restrictions…but the patent license says…as long as you get it from Novell.‘ If you...can live with that sort of uncertainty, go for it and use Moonlight; if you can’t, well, don’t say you weren’t warned

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Technology Review: A Haven for Patent Pirates

interesting background on the legal venue for NetApp's pending patent litigation vs Sun

legal patents litigation east texas sun netapp
september 2007 by sogrady

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IBM and patents at Pensieri di un lunatico minore

"IBM pledges access to patents covering 150 standards. This is a big deal, and should help with a lot of open source projects, as explained here." - Chris likes the IBM patent announcement

ibm chrispetrilli patents standards
july 2007 by sogrady

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Simon Phipps, SunMink: Welcome to GPLv3

Simon's take on GPLv3; consistent with what i've heard from him from day one, i think

gplv3 gpl opensource simonphipps webmink licensing patents sun
july 2007 by sogrady

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Luis Villa’s Blog / GPL v3, the Q&A: part 2- developers

part 2 in Luis' excellent GPLv3 analysis

luisvilla gplv3 Q&A analysis developers opensource licensing gpl fsf sflc patents drm
june 2007 by sogrady

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hello to you!: Microsoft's Silverlight on Linux via Novell

Daniel is not a fan, i take it

silverlight mono microsoft danielrobbins linux novell patents
june 2007 by sogrady

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Mark Shuttleworth » Blog Archive » No negotiations with Microsoft in progress

"We have declined to discuss any agreement with Microsoft under the threat of unspecified patent infringements." - just what i expected Ubuntu's position would be

microsoft ubuntu canonical distros legal license law patents
june 2007 by sogrady

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A Patent Lie - New York Times

tons of folks have already pointed to this, but it's worth another link; how many times do we need to explain why software patents don't work?

software patents economics microsoft ip copyright
june 2007 by sogrady

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Once More unto the Breach: Microsoft Messaging on Patents and Open Source Software

better piece than mine on patent messaging, marketing and so on

microsoft ibm sun patents marketing messaging ip R&D legal litigation
june 2007 by sogrady

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Novell worries that GPL 3 could foil Microsoft pact | CNET News.com

i'd be concerned too, if i was Novell

gplv3 novell microsoft patents royalties
may 2007 by sogrady

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Simon Phipps, SunMink: Seven Patent Reforms While We Wait For Nirvana

absolutely *phenomenal* patent post from Simon - absolutely outstanding; even the noted Sun critic Michael Dolan likes it

simonphipps patents software
may 2007 by sogrady

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ConsortiumInfo.org - Through the Patent Looking Glass with Microsoft's Brad Smith

insightful (as usual) commentary from Andy on Microsoft's recent patent FUD

patents blog business ip law legal andyupdegrove opensource microsoft
may 2007 by sogrady

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Mark Shuttleworth » Blog Archive » Microsoft is not the real threat

"Microsoft already spends a huge amount of money on patent settlements...That number will creep upwards until it’s abundantly clear to them that they would be better off if software patents were history." - a point i tried to make at NXT

nxt patents markshuttleworth microsoft software
may 2007 by sogrady

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Jonathan Schwartz's Weblog : Weblog

here's hoping his advice is heeded

jonathanschwartz litigation patents opensource
may 2007 by sogrady

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robilad: Power to the people

Dalibor's summary of JavaOne - was *excellent* to meet him, just sorry i didn't get to hang with mjw as well

dalibortopic javaone openjdk microsoft patents
may 2007 by sogrady

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Outrageous [dive into mark]

not a surprise - Mark's not a fan of patents; unfortunately, in today's system, vendors are more or less obligated to pursue them

markpilgrim patents ibm
may 2007 by sogrady

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Once More unto the Breach: The Microsoft Open Source Patent Gambit

brilliant response from Mr. Walli; would love to see the patent wiki idea take shape - anybody needs help with that, let us know

stephewalli microsoft patents licensing
may 2007 by sogrady

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More links on Microsoft's FOSS War « Shebanation

"Finally we have Steven O’Grady of Redmonk doing one of his trademark Q&A discussions. Its great stuff, and though he does try to walk a fine to not offend Microsoft (one of his customers)" - interesting, it apparently reads as less harsh than i thought

redmonk andrewshebanow microsoft patents fortune
may 2007 by sogrady

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rc3.org: Stephen O'Grady on Microsoft's patent assertions

Rafe agrees

RedMonk tecosystems rafecolburn microsoft patents
may 2007 by sogrady

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Greg Matter : Weblog

couple of folks pointed me to this, and they're right - it's a very useful, and very rational, take on patents and other mechanisms like copyright, trade secrets and so forth

gregpapadopoulos copyright ip opensource patents software sun tradesecrets
may 2007 by sogrady

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Patent Law Blog (Patently-O): Microsoft: FOSS Infringes Our Patents

"Microsoft refuses to state which particular patents are infringed in an attempt to avoid retaliation from FOSS advocates...The statements certainly put Linux and its users under a dark cloud -- potentially sufficient for a declaratory judgment action"

patents microsoft litigation opensource foss linux via:Digg
may 2007 by sogrady

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Microsoft takes on the free world (cont.) - May 28, 2007

"If push comes to shove, would Microsoft sue its customers for royalties, the way the record industry has? 'That's not a bridge we've crossed," says CEO Ballmer, "and not a bridge I want to cross today on the phone with you.' " - that's not a no <sigh>

microsoft patents royalties ip opensource litigation
may 2007 by sogrady

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The NOSE: Information Technology in Higher Education: Linux Kernel Violates 42 Microsoft Patents

Al's got the details for you; really wish this hadn't hit the week before i'm to speak at a Microsoft event - personally, i'm going to try and ignore this until they get more specific

microsoft patents linux oo.o X
may 2007 by sogrady

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Mark Shuttleworth » Blog Archive » Trademarks redux

good to see some creative thinking re: trademarks, as they are increasingly the bane of existence for many a project

trademarks markshuttleworth ubuntu copyright patents licensing
may 2007 by sogrady

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Oracle bands with open-source patent group | CNET News.com

Good news for the OIN, but it still seems like an unfortunate necessity

oin patents oracle
march 2007 by sogrady

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Open Sources | InfoWorld | UK reaffirms its stance on software patents ("Yankee patent system, go home") | February 27, 2007 09:28 AM | By Matt Asay

i've often thought that the UK's arms length attitude towards open source was perplexing, but at least they have a sensible attitude towards software patents

uk software patents
february 2007 by sogrady

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Ballmer repeats threats against Linux | CNET News.com

these threats are growing very tiresome; rumor has it this presentation wasn't well received, incidentally

steveballmer linux ip patents novell microsoft fud
february 2007 by sogrady

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Once More unto the Breach: Three Things Steve Ballmer (and Brad Smith) Get Wrong about Free and Open Source Software

i know there are folks within Microsoft - Matusow, Hilf, et al - that get it, but it's more apparent every day that Ballmer et al do not; Stephe explains why here

microsoft patents opensource ip freesoftware steveballmer
february 2007 by sogrady

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Mark Shuttleworth » Blog Archive » Clarification on Feisty’s proprietary drivers

"We have not been forceful enough about our policy on software patents and other, similar threats to software freedom. As a result, we have joined FFII and other organisations that are fighting software patents..." - Luis should be pleased

ubuntu patents ffii eff markshuttleworth freedom
february 2007 by sogrady

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The NOSE: Information Technology in Higher Education: Blackboard's Patent Pledge

potentially good news re: the Blackboard patent situation - will look for more from Al shortly

blackboard patents opensource
february 2007 by sogrady

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Groklaw - Digging for Truth

Novell is not exactly OO.o's best friend these days, what with Florian's reassignment, but i think this is piece is a reach

oo.o novell microsoft patents fork
december 2006 by sogrady

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Microsoft patent deal could leave Novell behind - Computer Business Review

my first though on hearing some of the GPLv3 saber rattling was that it wasn't likely due to the friction b/twn the kernel.org guys and the FSF, but this is a good reminder that there's more to Linux than the kernel

kernel linux gplv3 fsf gpl novell microsoft patents
november 2006 by sogrady

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» More on Microsoft's need to show (if it can) Linux's patent infringement | All about Microsoft | ZDNet.com

Mary Jo joins the call for MSFT to assert if they can

microsoft patents fud linux opensource
november 2006 by sogrady

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Groklaw - Novell Speaks - Updated

"In any case, the deal is falling apart, I'd say." - tough to argue with this position in light of the various corrections and clarifications that continue to emerge

groklaw microsoft novell ballmer partnership patents
november 2006 by sogrady

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Ballmer: Linux users owe Microsoft

"is important to us, because [otherwise] we believe every Linux customer basically has an undisclosed balance-sheet liability." - wow

ballmer microsoft patents novell suse ip litigation cio
november 2006 by sogrady

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Linux users to Microsoft: What 'balance sheet liability'?

"Like many IT executives, I took great offense to Ballmer's comments," Strasnick wrote in an e-mail. - so it wasn't just us analysts that think MSFT should step up if they've got something to say

ballmer linux strasnick citistreet cio novell microsoft patents fud via:michael
november 2006 by sogrady

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<savas:weblog/>

interest in Mono post-Microsoft deal from a 'Softie

via:trs81 mono microsoft novell partnership patents opensource
november 2006 by sogrady

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Log for November, 2006

Havoc's not happy w/ the Microsoft/Novell deal

pennington redhat novell microsoft opensource patents ip partnership copyright
november 2006 by sogrady

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Luis Villa’s Blog » more thoughts on MS and Novell (with a dash of Oracle, Sun, and Ubuntu)

Luis is speaking for a lot of people here; great points, and i'll hopefully have some follow up as well soon

microsoft novell partnership patents canonical ubuntu redhat villa linux
november 2006 by sogrady

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Novell and Microsoft Agreement - Frequently Asked Questions

Novell addresses additional post-acquisition questions; they needed to, questions are ripping around the various communities affected

novell opensource microsoft partnership ip copyright linux patents
november 2006 by sogrady

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GROKLAW

a bit of GROKLAW commentary on the IBM v Amazon suit

ibm amazon groklaw community reaction litigation software patents
october 2006 by sogrady

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Good Morning Silicon Valley: 1-Click Licensing is turned OFF for Jeff Bezos

this is exhibit A of why patents in this area are just a bad idea; i'll be very interested to see, however, whether or not Amazon is viewed sympathetically or not given their own past patent history

amazon ibm patents ip
october 2006 by sogrady

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United States Patent Application: 0060071122

umm...what? (via jwz)

funny humor teleportation patents
may 2006 by sogrady

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gregdek: Fedora and Mono and OIN -- clarifications

why did Red Hat finally put Mono in Fedora? b/c it feels the OIN is a sufficient patent shield; interesting