Slashdot Mirror
IEEE Supports Software Patents In Wake of Bilski
Mark Atwood points out this critical commentary on the IEEE's response to the outcome of In Re. Bilski, which points out the contrast between work done by IEEE luminaries like Donald Knuth and lobbying for software patents.
Where is today's huge breakthrough announcement?
slashdot: where everyone yells sarcastic metaphors to themselves to understand the issue
It was kind of surprising to see on Twitter that not only open source advocates such as Steven Vaughan-Nichols and Brian Proffitt considered that list a good summary but also ACT, a lobby organization that supports software patents all the way (we lobbied against each other several times). But ACT pointed out that they didn't agree with all I wrote. That didn't surprise me.
It appears that the case is: No one won, No one lost. Which is good for our copyleft cause, because for the first time in USA patent history, the judge questions the whole nasty patent troll system, and who knows, maybe there will some positive change? Or with other words: I have a dream, a world, without war.......and software patents.
I wish I could agree that the ruling is at least a draw, but unfortunately I can't. It clearly favors an expansive patent system, assuming that new technologies must fall within the scope of patentable subject matter unless there's legislation that sets limits (mentioned in this analysis, for an example). Such legislation is a long shot to say the least, given the lobbying power of all those favoring software patents.
Through my work on the NoSoftwarePatents campaign (which I founded and managed until 2005) I spent a lot of time with patent experts and policy-makers, so when I read a reasoning like the one in the Bilski case, I can tell when an expansive view prevails over a restrictive one. There's really nothing in the ruling (apart from minority opinions that don't really matter for the future) suggesting in any way that the Supreme Court might do away with software patents. In fact, the ruling made it clear that even straightforward business method patents aren't an endangered species for the time being, unless they're just too abstract, such as the Bilski application.
Donald Knuth, and many of the other top names from IEEE, have name-brand power comparable to the IEEE itself. A split is not entirely impossible. If that happens (and in all seriousness, I expect the announcement to be at least a threat of a split) and the rival has reasonable policies and ethics, it will likely capture a fair chunk of the income and PR of the IEEE. (Hell, I've seen arXiv mentioned more in the popular press than the IEEE.) That could cause a serious disturbance in the Force, not to mention a serious disturbance in boardrooms, where there's a heavy reliance on political leverage to get things done. It's extremely difficult to manipulate crusaders - it can be done, but the RIAA and MPAA don't have that kind of Machiavellian skill.
It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
It might not be news to you personally but there still may be a few people out there that need clued in.
If the PTO worked as it was supposed to, software patents would be far less of a problem.
However, that isn't the case and we have to deal with the highly non-ideal PTO and courts
that we actually have.
This is a classic case of the disconnect between theory and practice.
A Pirate and a Puritan look the same on a balance sheet.
You can read my submissions supporting Groklaw in the past (I have, what? Maybe 10 accepted SCO stories with Groklaw as a source? I don't remember any more.). I have trumpeted her site quite loudly for several years and cheered SCO's slow demise. I hope you're not going to lump me in with shills & astro-turfers. I honestly question how many of those there are, because PJ lumps *anyone* who disagrees with her in with them, or so it seems. I've also fought against Microsoft on OOXML and the rest and supported IBM's Rob Weir when discussing how much OOXML sucks ass (seriously, he's a good guy, his blog also has some information on wine making, if you're into that). If I'm some kind of shill who hates Groklaw or IBM for no reason, well, I must have been replaced by a doppleganger recently. Here are a few links that go allllll the way back to 2004, when hardly anybody knew who the hell Groklaw was and show me agreeing with and promoting the site. I've read her site daily since the RU days and remember when she had a hard time surviving a Slashdotting, before she moved to iBiblio. I think I contributed one or two of those early, hard-to-survive Slashdottings, for that matter.
That support is in the past, I'm afraid. PJ is a huge jerk, mostly in private, and you'll probably only see that if you disagree with her. I can give you her real email (it's close to the public email, pj@groklaw.net, which has more filtering), if you want me to prove that I've been in contact. I don't think it's a big deal to put that out here because she's more than capable of switching it if the spammers get hold of it.
She's had way more than three fallings-out, incidentally. But most of the people feel like they're the only ones. AllParadox is a good example because he wrote stories for Groklaw once upon a time. It's not like he's some nobody who lurked for a little while. It's more like almost anyone who worked with her closely got driven out. Except for Mathfox, I guess.
There are quite a few people she's parted ways with. Heck, ESR may be next on that list for saying that she "jumped the shark" when she attacked his friend, Jay Maynard (who got booted from Groklaw, even though he has nothing to do with TurboHercules the company; even if he's a friend of some of the founders thereof). His crime? Saying he felt threatened when IBM called the QPL-licensed Hercules emulator an "infringing platform." He's not Darl McBride. He's not a party to the EU complaint. He's a guy who dresses up in a Tron outfit and writes an emulator, for crying out loud. We're not talking "conspirator" here. But PJ sees "conspiracy" everywhere these days. I can't blame her, after SCO, but I won't agree, either.
You can read AllParadox's account of his departure here, incidentally.