IP Insurance For Software
isn't my name writes "We all know that OSRM has come out to offer insurance against intellectual property claims for open source software. Recently, we've seen IBM open up 500 patents and SUN up the ante with 1600. But all of these moves are targeted at F/OSS software. There's an article at IPW that looks at the state of patent insurance for non-F/OSS."
Fair and balanced reading, I suppose. ;)
The owls are not what they seem
As soon as I sign up for this one, the only type of insurance plan that I will need which I don't already have will be insurance fraud insurance... and insurance fraud insurance insurance - just to be on the safe side.
I have 1 million monkeys on a million year contract to make me a better sig.
"We all know that OSRM has come out to offer insurance against intellectual property claims for open source software"
So, why then is this news if this is something "we all know?"
Dosen't anyone suspect that these patent releases could be somehow used against FOSS, in some way? I mean, even though IBM and Sun seem to like it now, who knows what dastardly plans lie just out of sight?
Sun released the patents only under their Creative OSI-approved license. The rest of the open source software, including GNU-based or MPL-based, is still in the air.
This creates the precedent to have open source GNU-based programs that violate the patents and Creative-based programs that are perfectly legal.
It certainly seems like a smart thing to do from Sun's point of view (trying to attract open source developers to their license scheme by giving access to software patents).
If people start to feel like IP insurance is something [i]necessary[/i] to participate in open source, Microsoft has already won
will it be until we all stand together and collectively tell the whole IP industry to FUCK OFF!? This kind of thing should be necessary as gambler's insurance. WE have the power to MAKE IT STOP! Use it, Dammit!
I suppose that lawyers are some kind of new predator on the food chain that's just a part of life now?
"Hey Johnny, don't think about anything without your IP insurance, never know when you might get jumped by a pack of lawyers."
Granted, I realize that insurance has always worked like this on the legal side, especially with Auto and Property insurance, but this is going a little too far don't you think?
All your base are belong to Google.
I can understand how an umbrella or general liability policy could protect you from this. Such policies have been around a long time and are heavily regulated by various state agencies.
I don't think you have any such assurance (no pun intended) with IP specific policies. I'd wait until the market matures a bit before considering such a policy or you might witness your insurance company disappearing once it comes time to file a claim.
I'm a big tall mofo.
What about just plain liability insurance for SW? Running SW is becoming a lot like driving a car. While mandatory insurance is probably some time away, it's not too early to consider carrying insurance against SW damage, especially while malware producers are unaccountable. We might see a day where your OS, or app server, will run only objects signed by an insurer acceptable to your insurer. The technology is already available, and the damage is being done. Economically, we're ready. Culturally, the mainstream society is ready. As usual, it's just we geeks behind the curve on the social engineering in a world of distrust and connivance.
--
make install -not war
The real prob is to find a system where you don't need to go to european countries with funny names to avoid jail or fine (if you can). AWx
Sig (appended to the end of comments you post, 120 chars)
It is truely a sad day when, "Patent infringement coverage is needed by anyone involved in the software business, whether it is proprietary or open source." The courrupt payoff from a courrupt system. Patents were never intended to be used in this manner. If something was worthy to be pantented it should have been innovative enough such that no one else would, for the duration of the patent, indenpendently develop the same product. The only time "patent infringement coverage" would be needed then, is when either a member of the team gets lazy and copies some source, or the idea is indenpendently developed, exposing that the patent being infringed upon was insufficent to be patented in the first place - patents such as 'mouse clicking' and 'a method of interacting with electronic devices' come to mind. Hopefully those in power will some day stop shelling out to corporate interests and actually move the system back into doing what it was intended to do. Unill then, at least there's Poland.
when you need to deploy such an insurance. With European Patent refactored, I hope we'll end with a system not requiring such an insurance. AWx
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They don't really care about open source.
If you listen to their PR people they claim that "the whole Linux thing" "wouldn't have happened" if they'd open soured Solaris ten years ago; they try to pretend that the Solaris open source thing is just something they should have done a long time ago, and Solaris will soon get all the benefits of open source community Linux has. As if open source is some kind of magical pixie dust that you sprinkle on software and bam! It's successful!
In reality what is happening is that the GNU operating environment and the Linux operating system beat Sun in the marketplace fair and square-- not because of some "open source" magical pixie dust, but because it's a better product-- and Sun knows this.
The reason Microsoft can never beat Linux is because they believe they're competing with RedHat when in truth they are competing with the GPL. You can't compete with the body of GPLed software the way you compete with a company; it isn't a single organization, it's millions of autonomous people working in concert. Knock out Redhat, something indistinguishable will rise up to take its place.
Sun has finally figured out how to compete with this. Instead of targeting a company, they've declared war on the GPL itself. For awhile they did quite a lot of laying groundwork by running around telling people that GPL is full of IP flaws and in the future you'll need patents to operate in the software industry. Now they're trying to push out a huge body of work under an open source license which has no particular distinguishing features except that it's incompatible with the GPL, and offered as candy all these patents to "open source projects" while conspicuously not offering any sort of protection to the GPL. Sun recognizes that the threat to them at this point isn't Linux the software program, it's the community; and that as long as the community remains solid, directed and internally compatible, they can't defeat it. So they're trying to splinter the community. And this may work.
Legitimate patent licensing for non-free software doesn't cripple the product unless it's trying to just rip off other people's work without adding extra value. Office supplies companies don't buy patent insurance - they just pay 3 cents a piece for items they ship. If royalties are too steep, there is an option to ask government for compulsory licensing. That is rarely used, but patent owners know it's there and generally negotiate based on value of their invention.
Instead of wasting money on insurance, concerned companies should pool funds for lobbying to reform patent and civil litigation laws.
The GPL explicitly states that you may not distribute GPLed software if there are patent encumbrances on it. If IBM were to start pursuing patent collections against open source products they'd have to stop distributing open source products themselves. This is bad because they make quite a lot of money from Linux. So no, as long as IBM still sells Linux, they can't turn on us from a patent perspective.
Sun however doesn't have a dependence on Linux and doesn't seem to be under any such obligations.
IP is one cause of inflation. You're "printing" your own money with these ideas. Then, you expect to sell it for real money. It doesn't take a marketing genius to see that IP affects the world market.
Earthlings are stupid. That's why I'm moving to Mars.
vicious, untreated political sewage...niche entertainment for the spiritually unattractive...worshipless pap
The culprit here is the USPTO. The ease of getting a patent approved by the USPTO is shockingly easy. (I'm sure that comment will get me flamed by all the patent-lawyers reading this). But patents should be above all things: extremely rare.
Innovation occurs in parallel. Period.
Its almost time for a class action suit against the USPTO.
------ The best brain training is now totally free : )
The OSRM thing basically comes down to "Open Source Insurance Company Claims Open Source Insurance Essential"
I mean seriously how many cases of "COMPANY CLAIMS OWN PRODUCT ESSENTIAL" do you take seriously, so why would you take this one seriously
Those 1600 patents can only be used to contribute to OpenSolaris or related projects, all of which must also be licensed under the CDDL. I'd hardly call that open, especially considering that they can't even be used in conjunction with the linux kernel (a.k.a one of the largest open source projects alive)
Regards,
Steve
IMHO, insurance is futile, you are better off hiring the best legal help you can find. If you are doing something that important you should consult with an IP law specialists about protecting your IP before you even start the project. Contrary to what most people believe the top law firms do a lot of pro bono work and are open to flexible payment arrangements. As someone with quite a bit of experience in the world of IP protection (I mean legal, not just firewalls), I can recommend the following law firms for IP protection pertaining to software, e-commerce and the Internet in general:
For further details on those law firms check out the largest 250 law firms in the U.S. Oh and I am in no way affiliated with any of those firms, of course.
Why is orsm offering insurance services?
Insurance like this is basically a scam. Even when the situation arises when you know the insurance should kick in, it doesn't, and you find yourself spending new money on a lawyer making sure the insurance provider upholds their part of the bargain. This is such a classic scam industry, it just feeds lawyers, and makes chumps of us all.
"We all know that OSRM has come out to offer insurance against intellectual property claims for open source software. Recently, we've seen IBM open up 500 patents and SUN up the ante with 1600. But all of these moves are targeted at F/OSS software."
Of course those are targetted at free software, because free software is the main force opposing software patents. Check out who is giving their patents to free software, and then check out who is the main pusher of software patents in EU. What we have to realise is that IBM is not giving us patents just because IBM is nice. IBM wants us to shut up while it is lobbying for software patents in the European Union. Hopefully, we are not fools, and we will see the big picture and understand that it is harmful in the long run. And quite frankly it is harmful for both proprietary and free software developers. It is dangerous for anyone who cannot afford an army of lawyers. IBM will be safe with its proprietary software and with its free software, but your mom and pop's software shop will be always vulnerable. Please people, let's not wet our pants because IBM gave us some miserable patents to keep us quiet. Anyone who remembers WW2 knows that this is hardly a company that does not evil, like Google. Let's wait and see what those patents will give us in the countries that have software patents, and meanwhile lobby against such patents in the countries that don't, as hard as we possibly can. It's also a good idea to sign the Thank you, Poland letter to show our support. There is more info on FSF website. The politicians have to know what we want, and they will do what we want, because they want to get reelected. This is the most important thing to understand in politics. "Hey, look, we've got 50000 letters from around the world from people who are strongly against software patents. We'll have have a lot of support and good publicity if we vote against software patents. Screw IBM." This is how it works, folks. It's time to learn it and it's time to start acting. Don't even waste your time on reading those patents, just lobby against them even if those particular patents are ours (with strings attached, of course), because it doesn't mean that we'll get every IBM's and Sun's patents in the future, and the future is what we need to worry about.
Sincerely,
Pan Tarhei Hosé, PhD.
"Homo sum et cogito ergo odi profanum vulgus et libido."
Something tells me that these IP insurance lawyers are the same people as the patent lawyers. I mean the skillset would appear to be the same right ?
Who's really suprised though? It's just lawyers creating work for themselves, i.e.: buisness as usual for them.
Here we have another article meant to stir Fear Uncertainty and Doubt from ip-wars, a website created, personally funded and administered by Jeff Causey - a certified Microsoft supporter.
... with Microsoft Internet Explorer for Windows)
ip-wars is just a thinly F/OSS-veiled FUD-incubator for the Microsoft camp populated by malcontents and morons.
Jeff Causey is the Chief Information Officer and Chief Financial Officer of Alamance County, North Carolina - a 100% Microsoft shop.
Jeff is the guy that has managed to keep Linux out of the Alamance County IT infrastructure despite having to upgrade to Microsoft XP at considerable expense from Microsoft NT4 servers and (98/2000) Windows desktops.
Jeff will tell you that he had no choice BUT he is the guy that is both Chief Information Officer and Chief Financial Officer of Alamance County, NC, so who did have a choice? Jeff Causey authored the budget that clearly protects Alamance County from the evils of F/OSS.
Jeff will claim he wasn't really aware of Linux - in 2003 Jeff wasn't aware of Linux BUT he mentions it on his graphs (Linux 0%) AND he is THE Chief Information Officer for Alamance County.
Jeff will tell you that he has learned better since then but he will also reveal that there is still no Linux in Alamance County.
No NT4's being replaced by Linux network services! No Linux/Samba file/print servers! No Linux/Squid proxy servers! No Linux/Apache webservers! Not even a Linux pilot program to negotiate a better licensing deal from Microsoft.
Don't even ask about Linux/KDE desktops! Alamance County is a Microsoft shop and the reason is Jeff Causey - The Microsoft Guy in F/OSS clothing.
What a coincidence - Jeff Causey, The Microsoft Guy is the chief architect of a site that routinely attacks Linux F/OSS allies.
Jeff even removed a document from the Alamance County website that clearly demonstrates his obvious prejudice against Linux F/OSS:
20032004BudgetProposedITPlan.pdf
Try and find it at www.alamance-nc.com* - it was 'moved' when Jeff was revealed as Microsoft Guy.
* (best viewed
When the BGEs (Bitter Groklaw Exiles) start a FUD-storm against a Linux F/OSS ally you will find the idea was incubated on ip-wars with Jeff pulling the levers behind the curtain.
Beware the counsel of Wormtongue.
Bar
Copyright © 2005 CD Baric. All rights reserved.
...there is a reason or two why this is not yet common knowledge amoung the public and probably a large percentage of software developers, proprietary and Open Source alike.
http://www.ip-wars.net/story/2005/1/7/143919/5252
-- TWZ
So software developers and publishers are able to purchase insurance against certain software patent infringements, and for purposes of this comment, we'll assume that's all well and good.
Thing is, it would appear that songwriters and music publishers would need an analogous form of insurance against copyright infringement claims, given that there exist a finite number of distinct melodies in the Western musical scale, and incumbent publishers like to sue startups for subconscious copying ( Bright Tunes Music v. Harrisongs Music ). Has any company announced plans to offer this kind of insurance?
How better to sow FUD than to freshly address a couple of inconsequential and indecisive articles covering the major fearpoint holding back Linux F/OSS advancement!
Microsoft could not have done a better job - wait a minute. Jeff Causey IS a Microsoft Guy!
Jeff Causey is instrumental in preventing Linux F/OSS adoption in Alamance County, NC - after all, Jeff is the Chief Information Officer AND Chief Financial Officer of Alamance County and that is a 100% Microsoft shop.
The ip-wars website is in fact an anti-F/OSS allie website cloaked in F/OSS clothing.
ip-wars is owned and operated by Jeff Causey - aka Microsoft Guy!
Bar
Copyright © 2005 CD Baric. All rights reserved.
Or you could go with Morrison & Foerster
/. before suing spammers, and they have a cool domain name!
#13 of the top 250, they've been mentioned on
455fe10422ca29c4933f95052b792ab2
sadly. :(
All your base are belong to Google.
more like it. Try wading through such gems as "PJ Reaches New Height of Hypocrisy". Or, if Grokwars bore you, check out Harlan Wilkerson bashing RMS, Moglen, Perens, Salus, etc Edifying!
...but it is time for Cecil to have his tea. I am always having to do this. He won't answer me. He sits in his room all day long in front of that computer. I don't know what's got into that boy. I have to go on the internet and use google or Yahoo to find him, and then reply to his posts, just to get his attention. I am so sorry about all of this. Today, I have had to create an ID, because if I go onto Slashdot without, I am an anonymous coward and they mod you down for that. And Cecil does need his tea and I think he might not see my post. Now, you will look after him while he's here won't you? He's not sliming anyone or causing trouble is he? He's a good boy really, and he doesn't mean any of it, but I do worry about him sometimes. Especially when he is on CKX or SCOX with those shills, yahoos and astroturfers. They frighten me, I don't know what could become of him. Now, Cecil, come on Mommy has to give you your tea, and then Mommy is going to put on her red dress and go out. You can play internet all evening after you have had your tea. Sorry about all of this. Please don't let him get into trouble or do any trolling. I would die of shame if he started trolling, he is so young for his age.
Mrs P J de Baric
Unfortunately, the "loser pays" rule means that nobody would dare bring suit against the big guys.
.sig to see how disgusted I really am.
Remember, AT&T was able to hold off the US Government for 30 years. Microsoft beat the US Department of Justice. Mere mortals (we) would never have a chance against the immortal corporations or government, since a large company has only to "discover" you to death to win. The only way the little guy can win is to get a large firm to take a case on contingency, and none would be willing if they risked having to pay hundreds of millions for losing.
Anyone reading this post and thinking I like the current system need only read my
hanzie.
********* sig: If you don't like the law, get filthy stinking rich, and buy a better one.
How about a little open-mindedness?
/. readers try s10 and recognise that while it may not better Linux in all markets, it is better in many. The day I'm happy running performant Solaris on my old x86 desktop and laptop here at home, that's when I'll stop using linux. Til then I'll use what's best for each job, including posting this from Windows because I need to grab the photos off my camera.
> In reality what is happening is that the GNU
> operating environment and the Linux operating
> system beat Sun in the marketplace fair and
> square-- not because of some "open source" magical
> pixie dust, but because it's a better product--
> and Sun knows this.
As a satan worshipping Sun engineer, I'd like to express my disagreement with this statement. We do not "know" that Linux is a better product. In fact, we most certainly do "know that Solaris is a better product than Linux". In many many arenas. Though unfortunately not all.
Let me tell you this as a Sun employee: I'm disappointed with our weak management who seem middle aged, middle of the road policies, and *average*, I'm sick of the pathetic marketing department (todo: must check to see if there is actually a marketing dept in org chart) who fail to get the message out about what *I know* is the best OS available today.
I'm disappointed in that because I do care. We build good stuff and I'm proud of that. Foolish as I may be, I believe that this is a company with integrity, honour, exceptional engineers and quality products.
I hope you some of the more open minded
So any zealots still with me... how many cpus does Linux scale to?
because their agreements tend to read as 'legally binding' and not just as 'agreements'. meaning they can't just pick up their sticks and then be like BWHAHA, PAY BITCHES! sun and ibm arn't trying to screw open source, they rely on open source for alot of things, and with releasing their patents for FOSS they get free advertising and popularity of their 'ideas' basically...a win-win for both sides look for the actual pdf file papers on the releases, and read through the wording, and it tends to be quite logical and simple and not able to be used to backstab FOSS
Following the same lines as Intellectual "Property," the government could create more business opportunities for the paper and money shuffling industries by making it illegal to step on a crack. There could be pole-mounted cameras eyeing cracks 24/7, face recognition software to identify violators, fully staffed monitoring centers, court-appointed private agents to issue citations and collect fines. There could be insurance policies for accidental crack stepping. Frequent walkers could set up speed-payment plans that automatically plead guilty and pay fines out of their bank accounts. Providing equipment and services for the crack-stepping enforcement industry would generate thousands of jobs. In fact, the more things we make illegal, the stronger our economy will become.
Offering insurance against softwarepatents is difficult. Ian Lewis of Miller Insurance company said at the Brussels' FFII conference that a company lost 3000 times the premium. For every pound premium it received, it had to pay out 3000 pounds.(74th minute)
I was not thinking about the 'plausible' aspect, I was considering the 'dangerous' statement.
IMO there is nothing more dangerous than a bigot.
Copyright © 2005 WC Harpic. All fights deserved.
My faith is expressed through Nihilism. Do you understand?
Is a Linux wannabe ... goes by the handle - Linux Mystic ... well known for trolling any place that is unmoderated so his crap will stick around for a while ... actually is a underemployed wannabe wuss.
F/OSS means Free / Open Source Software. The "Free" means, essentially, GPL and other compatable licences, where the freedom of the software is guaranteed by clauses in the licence that appear to be restrictive, but maintain the freedom over the long term (i.e. that prevent the software from being proprietized).