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Tandberg Attempts To Patent Open Source Code

Posted by Soulskill on from the cut-and-paste-your-way-to-innovation dept.

An anonymous reader writes "As if the current situation with software patents wasn't bad enough, it appears a new phenomenon is emerging: companies are watching the commit logs of open source projects for ideas to patent. In this case, Tandberg filed a patent that was step-by-step identical to an algorithm developed by the x264 project — a mere two months after the original commit. The particular algorithm is a useful performance optimization in a wide variety of video encoders, including Theora."

5 of 187 comments (clear)

  1. Serious Accusation - Got Proof? by Compulawyer · · Score: 4, Interesting
    If you are alleging that Tandberg copied the idea from the x264 project, that is a very serious allegation. Title 35 of the US Code, Section 102(g) prohibits anyone from getting a patent on something that he (or she) did not themselves invent. It would also violate Rule 56 of the Rules of Practice of the USPTO which requires those involved with the preparation and prosecution of a patent application to disclose to the USPTO any reason known why a patent should not issue. Failure to do so is called "inequitable conduct" and is a basis for finding the patent permanently unenforceable. In some cases it can also be a federal crime.

    The US is not a first-to-file country but a first-to-invent country. That means that it is possible for an inventor to get a patent even thought they were not the first one to file an application at the USPTO but were the first to invent and were diligent in efforts to obtain a patent. Copying of this type is serious indeed. Theoretically, conduct of this type could also be a copyright infringement.

    I for one would like to see a *lot* more proof before reading about allegations like this. The mere fact that one event happened after another is far from sufficient. These are *very* serious accusations.

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    Laws affecting technology will always be bad until enough techies become lawyers.

    1. Re:Serious Accusation - Got Proof? by Rogerborg · · Score: 5, Interesting

      You know how you ghouls are always "Consult a lawyer before doing anything!!!!ELEVEN!!!" ?

      If you read the patent claim and compare it to the published assembly, it's identical.

      Oh, you don't speak assembly? Then consult a coder before spouting off your Class A Federal Alpha Constitutional wankspeak.

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      If you were blocking sigs, you wouldn't have to read this.
  2. Re:If you can't invent it... by gabrieltss · · Score: 4, Interesting

    Sure why not. I've seen MANY H1B workers (from India) that have done this sort of thing. We have sent several packing home because of it. They would go out, take code from an open source project and rip out the copyright then put their name to it and try to commit it to our SVN. Fortunately, because we have been burned by this in the past we instituted a "review before commit is allowed" process for ANY "outsource", "H1B", etc.. worker. They can't commit until we have reviewed. We actually take snippets of the code they want to commit and do searches to see if it came from an OSS project. You have to watch people these days.....

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    The Truth is a Virus!!!
  3. Thanks a lot, America by Dunbal · · Score: 4, Interesting

    You guys have really fucked everyone up with this "Intellectual Property" concept you invented and marketed to the rest of the world.

    Now everyone is arguing with everyone else because they somehow believe the delusion that they are the only fucking people in the world to ever have thought of something. And guess who is making a ton of money? The lawyers, of course.

    If you have the brains to market your idea (or negotiate with someone who can) then you deserve the profits you'll make. If you just want to be paid because you thought of something, go to hell.

    There's a big difference between having a flash of inspiration in the shower, and actually bringing a product to market. There's this notion that patents reward creative people - as if creative people were in short supply. Everyone is more or less creative. Those who get the reward, however, are the ones willing to make the effort to develop their ideas.

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    Seven puppies were harmed during the making of this post.
  4. Re:First to Invent by Elijah+Lynn · · Score: 5, Interesting

    Sounds like a great idea. That will be $10,000 (about the bare minimum to file a patent and prosecute it through issuance).

    Something that is much easier and much cheaper for open source projects/idea to do is to submit a Defensive Publication, I talked with Tom Tyson of the Open Invention Network (http://www.openinventionnetwork.com/) a while ago and he explained the beauty of Defensive Publications. Basically the patent offices scour defensive publications prior to issuing a patent and if they find anything then the patent gets rejected. Therefore making it unable to patent by anyone else. These are easy to write up and their lawyers review them and submit them. I will be submitting many of my idea this way so nobody can claim patents on them, it is free. The website is http://www.defensivepublications.org/