Welcome!

Linux Containers Authors: Elizabeth White, Yeshim Deniz, Liz McMillan, Pat Romanski, Jyoti Bansal

Related Topics: Open Source Cloud, Linux Containers

Open Source Cloud: Article

LinuxWorld 2006 Boston: Software Patents Discussed – Bruce Perens Holds "State of Open Source" Press Conference

"Boston just isn't working out as a venue for the Winter LinuxWorld"

"One of the largest problems faced by Open Source," claimed Bruce Perens (pictured here talking to SYS-CON.TV at last year's LinuxWorld in San Francisco) in a "State of Open Source" press conference he held at LinuxWorld Conference & Expo in Boston last week, "is the disparity in the ability to contest a patent claim through litigation."

According to the American IP Association's Economic Survey, it costs $3-5M to prosecute or defend a single case, Perens said, yet "Open Source participants are, in many cases, individuals who can not sustain a singleday in court but who should not be denied the right to practice technical development."

"Only by moving the process of contesting of a patent out of the courts," he continued, "does it appear that we can grant justice to the poor as well as the wealthy."

Perens used the "State of Open Source" press conference to propose a solution:

"The only option I see to get the Open Source developer off the hook today is post-grant opposition through the patent office, which is is heard or not arbitrarily depending on the pleasure of the director is, so far, very limited in its process, and doesn't seem to have deferred prosecution of high profile cases like RIM Systems."
Only in this way, according to Perens, will it ever be possible to prevent patent holders from stopping an Open Source project in its tracks "just by filing to sue."

Microsoft, for example - according to Perens - "could stop all new innovation in the Linux space by bringing suits using newer patents, at the cost of some survivable damage to themselves." (His theory, mind you, is that they won't do so until they get unified software patenting laws in Europe. "They won't create bad news that would sink their own legislative efforts.")

Perens reminded the audience how Steve Ballmer rattled the software patent sabre against Linux in Forbes magazine, but noted that "Every day that Microsoft doesn't file those suits, we get a better defense, because of the Doctrine of Laches."

Ths defense, he explained, works as follows: Laches says that if you hold off a patent suit waiting for the market to grow, you lose.

"Laches is an expensive defense to run and it's no sure thing," he added. "The standard interval for a Laches defense is 6 years, however Laches cases have been won witha period of as little as one year."

Never one to mince words, Perens then let rip on NTP vs. RIM:

"The NTP vs. RIM systems case has given us a new poster-boy forsoftware patent problems. First, the U.S. Patent Office declared the NTP patents invalid. Then RIM paid NTP $500M for an instant end to the case, because Treo sales were gaining on Blackberry due to the doubt the case created.

It's clear that justice was not done. A classical patent troll ran a legal extortion campaign, using patents confirmed not to embody any invention, and made a cool half billion from it.

This case sends a signal to get-rich-quick artists everywhere: it's not evennecessary for your patent to be valid. Become a troll, extort, litigate, be rewarded! When you're done, take 10% of your plunder and become a philantrophist for the tax shelter: the man on the street will consider you a hero and a leader."

Bruce Perens may or may not be giving a LinuxWorld Conference & Expo "State of the Open Source" press conference on the east coast next year, mind you. He may no longer be welcome. Not if the bosses at IDG World Expo, anyway, get to hear of what he had to say about this year's show in Boston:
"This show is a disappointment. It seems that Boston just isn't working out as a venue for the Winter LinuxWorld Expo, as the Summer show in San Francisco is huge compared to this one and of course Open Source is bigger than ever. Most shocking about the show is the fact that the two anchor tenants, HP and IBM, are missing from the exhibition floor.

It's New York or Bust, folks."
IDG World Expo had not responded to Perens' relocation thoughts as of this writing.

More Stories By Linux News Desk

SYS-CON's Linux News Desk gathers stories, analysis, and information from around the Linux world and synthesizes them into an easy to digest format for IT/IS managers and other business decision-makers.

Comments (5) View Comments

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


Most Recent Comments
ByeBye Perens 04/09/06 08:16:54 AM EDT

} Bruce Perens may or may not be giving a
} LinuxWorld Conference & Expo "State of the
} Open Source" press conference on the east
} coast next year, mind you. He may no longer
} be welcome.

Bruce has given 6 of these now, if memory serves. If he was "uninvited" who would be a better choice for the Fall 'State of Open Source' session I wonder. Nominations, please!!!

Patent Disarray 04/09/06 08:13:51 AM EDT

For all the talk about how ridiculous our patent system has become, there's almost no downside to those who file bad patents. That only makes the incentive such that people are told to file as many patents as possible, effectively overwhelming the system.

FishandChips 04/09/06 08:07:44 AM EDT

Articles about how awful the patent system is are ten a penny. What is very hard to find are folks who have thought this one through, have some cogent and realistic proposals, and who are prepared to build support for change among those in a position to change things. Anyway, it doesn't sound as if Mr Perens will be one. Big cheese massage sounds more his gig.

standBy4 04/09/06 08:04:49 AM EDT

So Bruce Perens tries yet again to convince the Linux community that it's time to challenge the patent system. Good luck.

jlward 04/09/06 08:03:09 AM EDT

One thing Perems didn't mention is how Microsoft seems to be using the Eolas case as a means to try and knock out Flash and other platforms that are a threat.

Microsoft has said that recent changes to IE in which standard object embed's now must be activated, were to comply with the Eolas patent. However, I recall reading an article which stated that the court did not order Microsoft to do anything of the sort.

This smells awfully similar to tactics Microsoft took to knock Java off the desktop. And even if Adobe and others were to sue, by the time a suit would be resolved, it would most likely be too late.

@ThingsExpo Stories
The 21st International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held October 31 - November 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Digital Transformation, Machine Learning and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding busin...
Existing Big Data solutions are mainly focused on the discovery and analysis of data. The solutions are scalable and highly available but tedious when swapping in and swapping out occurs in disarray and thrashing takes place. The resolution for thrashing through machine learning algorithms and support nomenclature is through simple techniques. Organizations that have been collecting large customer data are increasingly seeing the need to use the data for swapping in and out and thrashing occurs ...
SYS-CON Events announced today that DivvyCloud will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. DivvyCloud software enables organizations to achieve their cloud computing goals by simplifying and automating security, compliance and cost optimization of public and private cloud infrastructure. Using DivvyCloud, customers can leverage programmatic Bots to identify and remediate common cloud problems in rea...
In his opening keynote at 20th Cloud Expo, Michael Maximilien, Research Scientist, Architect, and Engineer at IBM, will motivate why realizing the full potential of the cloud and social data requires artificial intelligence. By mixing Cloud Foundry and the rich set of Watson services, IBM's Bluemix is the best cloud operating system for enterprises today, providing rapid development and deployment of applications that can take advantage of the rich catalog of Watson services to help drive insigh...
SYS-CON Events announced today that Tintri, Inc, a leading provider of enterprise cloud infrastructure, will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Tintri offers an enterprise cloud platform built with public cloud-like web services and RESTful APIs. Organizations use Tintri all-flash storage with scale-out and automation as a foundation for their own clouds – to build agile development environments...
A strange thing is happening along the way to the Internet of Things, namely far too many devices to work with and manage. It has become clear that we'll need much higher efficiency user experiences that can allow us to more easily and scalably work with the thousands of devices that will soon be in each of our lives. Enter the conversational interface revolution, combining bots we can literally talk with, gesture to, and even direct with our thoughts, with embedded artificial intelligence, whic...
SYS-CON Events announced today that Cloudistics, an on-premises cloud computing company, has been named “Bronze Sponsor” of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Cloudistics delivers a complete public cloud experience with composable on-premises infrastructures to medium and large enterprises. Its software-defined technology natively converges network, storage, compute, virtualization, and management into a ...
Every successful software product evolves from an idea to an enterprise system. Notably, the same way is passed by the product owner's company. In his session at 20th Cloud Expo, Oleg Lola, CEO of MobiDev, will provide a generalized overview of the evolution of a software product, the product owner, the needs that arise at various stages of this process, and the value brought by a software development partner to the product owner as a response to these needs.
SYS-CON Events announced today that delaPlex will exhibit at SYS-CON's @ThingsExpo, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. delaPlex pioneered Software Development as a Service (SDaaS), which provides scalable resources to build, test, and deploy software. It’s a fast and more reliable way to develop a new product or expand your in-house team.
SYS-CON Events announced today that Technologic Systems Inc., an embedded systems solutions company, will exhibit at SYS-CON's @ThingsExpo, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Technologic Systems is an embedded systems company with headquarters in Fountain Hills, Arizona. They have been in business for 32 years, helping more than 8,000 OEM customers and building over a hundred COTS products that have never been discontinued. Technologic Systems’ pr...
With major technology companies and startups seriously embracing Cloud strategies, now is the perfect time to attend @CloudExpo | @ThingsExpo, June 6-8, 2017, at the Javits Center in New York City, NY and October 31 - November 2, 2017, Santa Clara Convention Center, CA. Learn what is going on, contribute to the discussions, and ensure that your enterprise is on the right path to Digital Transformation.
SYS-CON Events announced today that Tappest will exhibit MooseFS at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. MooseFS is a breakthrough concept in the storage industry. It allows you to secure stored data with either duplication or erasure coding using any server. The newest – 4.0 version of the software enables users to maintain the redundancy level with even 50% less hard drive space required. The software func...
SYS-CON Events announced today that Outscale will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Outscale's technology makes an automated and adaptable Cloud available to businesses, supporting them in the most complex IT projects while controlling their operational aspects. You boost your IT infrastructure's reactivity, with request responses that only take a few seconds.
New competitors, disruptive technologies, and growing expectations are pushing every business to both adopt and deliver new digital services. This ‘Digital Transformation’ demands rapid delivery and continuous iteration of new competitive services via multiple channels, which in turn demands new service delivery techniques – including DevOps. In this power panel at @DevOpsSummit 20th Cloud Expo, moderated by DevOps Conference Co-Chair Andi Mann, panelists will examine how DevOps helps to meet th...
SYS-CON Events announced today that EARP will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. "We are a software house, so we perfectly understand challenges that other software houses face in their projects. We can augment a team, that will work with the same standards and processes as our partners' internal teams. Our teams will deliver the same quality within the required time and budget just as our partn...
Most technology leaders, contemporary and from the hardware era, are reshaping their businesses to do software in the hope of capturing value in IoT. Although IoT is relatively new in the market, it has already gone through many promotional terms such as IoE, IoX, SDX, Edge/Fog, Mist Compute, etc. Ultimately, irrespective of the name, it is about deriving value from independent software assets participating in an ecosystem as one comprehensive solution.
In his keynote at @ThingsExpo, Chris Matthieu, Director of IoT Engineering at Citrix and co-founder and CTO of Octoblu, focused on building an IoT platform and company. He provided a behind-the-scenes look at Octoblu’s platform, business, and pivots along the way (including the Citrix acquisition of Octoblu).
SYS-CON Events announced today that A&I Solutions has been named “Bronze Sponsor” of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Founded in 1999, A&I Solutions is a leading information technology (IT) software and services provider focusing on best-in-class enterprise solutions. By partnering with industry leaders in technology, A&I assures customers high performance levels across all IT environments including: mai...
Five years ago development was seen as a dead-end career, now it’s anything but – with an explosion in mobile and IoT initiatives increasing the demand for skilled engineers. But apart from having a ready supply of great coders, what constitutes true ‘DevOps Royalty’? It’ll be the ability to craft resilient architectures, supportability, security everywhere across the software lifecycle. In his keynote at @DevOpsSummit at 20th Cloud Expo, Jeffrey Scheaffer, GM and SVP, Continuous Delivery Busine...
SYS-CON Events announced today that Progress, a global leader in application development, has been named “Bronze Sponsor” of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Enterprises today are rapidly adopting the cloud, while continuing to retain business-critical/sensitive data inside the firewall. This is creating two separate data silos – one inside the firewall and the other outside the firewall. Cloud ISVs ofte...