|By Linux News Desk||
|April 9, 2006 07:00 AM EDT||
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.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:
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."
"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.IDG World Expo had not responded to Perens' relocation thoughts as of this writing.
It's New York or Bust, folks."
|ByeBye Perens 04/09/06 08:16:54 AM EDT|
} Bruce Perens may or may not be giving a
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.
SYS-CON Events announced today that MobiDev, a client-oriented software development company, will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place June 6-8, 2017, at the Javits Center in New York City, NY, and the 21st International Cloud Expo®, which will take place October 31-November 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. MobiDev is a software company that develops and delivers turn-key mobile apps, websites, web services, and complex softw...
Mar. 30, 2017 02:15 AM EDT Reads: 4,090
DevOps is often described as a combination of technology and culture. Without both, DevOps isn't complete. However, applying the culture to outdated technology is a recipe for disaster; as response times grow and connections between teams are delayed by technology, the culture will die. A Nutanix Enterprise Cloud has many benefits that provide the needed base for a true DevOps paradigm.
Mar. 30, 2017 01:30 AM EDT Reads: 2,614
What sort of WebRTC based applications can we expect to see over the next year and beyond? One way to predict development trends is to see what sorts of applications startups are building. In his session at @ThingsExpo, Arin Sime, founder of WebRTC.ventures, will discuss the current and likely future trends in WebRTC application development based on real requests for custom applications from real customers, as well as other public sources of information,
Mar. 30, 2017 01:15 AM EDT Reads: 1,212
China Unicom exhibit at the 19th International Cloud Expo, which took place at the Santa Clara Convention Center in Santa Clara, CA, in November 2016. China United Network Communications Group Co. Ltd ("China Unicom") was officially established in 2009 on the basis of the merger of former China Netcom and former China Unicom. China Unicom mainly operates a full range of telecommunications services including mobile broadband (GSM, WCDMA, LTE FDD, TD-LTE), fixed-line broadband, ICT, data communica...
Mar. 30, 2017 12:15 AM EDT Reads: 3,562
SYS-CON Events announced today that Ocean9will 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. Ocean9 provides cloud services for Backup, Disaster Recovery (DRaaS) and instant Innovation, and redefines enterprise infrastructure with its cloud native subscription offerings for mission critical SAP workloads.
Mar. 29, 2017 09:30 PM EDT Reads: 2,457
Things are changing so quickly in IoT that it would take a wizard to predict which ecosystem will gain the most traction. In order for IoT to reach its potential, smart devices must be able to work together. Today, there are a slew of interoperability standards being promoted by big names to make this happen: HomeKit, Brillo and Alljoyn. In his session at @ThingsExpo, Adam Justice, vice president and general manager of Grid Connect, will review what happens when smart devices don’t work togethe...
Mar. 29, 2017 06:30 PM EDT Reads: 2,761
SYS-CON Events announced today that SoftLayer, an IBM Company, has been named “Gold Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2016, at the Javits Center in New York, New York. SoftLayer, an IBM Company, provides cloud infrastructure as a service from a growing number of data centers and network points of presence around the world. SoftLayer’s customers range from Web startups to global enterprises.
Mar. 29, 2017 03:15 PM EDT Reads: 2,282
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...
Mar. 29, 2017 02:30 PM EDT Reads: 3,894
SYS-CON Events announced today that Auditwerx 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. Auditwerx specializes in SOC 1, SOC 2, and SOC 3 attestation services throughout the U.S. and Canada. As a division of Carr, Riggs & Ingram (CRI), one of the top 20 largest CPA firms nationally, you can expect the resources, skills, and experience of a much larger firm combined with the accessibility and attent...
Mar. 29, 2017 02:30 PM EDT Reads: 818
SYS-CON Events announced today that CA Technologies has been named “Platinum 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, and the 21st International Cloud Expo®, which will take place October 31-November 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. CA Technologies helps customers succeed in a future where every business – from apparel to energy – is being rewritten by software. From ...
Mar. 29, 2017 02:30 PM EDT Reads: 2,347
SYS-CON Events announced today that HTBase 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. HTBase (Gartner 2016 Cool Vendor) delivers a Composable IT infrastructure solution architected for agility and increased efficiency. It turns compute, storage, and fabric into fluid pools of resources that are easily composed and re-composed to meet each application’s needs. With HTBase, companies can quickly prov...
Mar. 29, 2017 02:15 PM EDT Reads: 3,349
SYS-CON Events announced today that Loom Systems 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. Founded in 2015, Loom Systems delivers an advanced AI solution to predict and prevent problems in the digital business. Loom stands alone in the industry as an AI analysis platform requiring no prior math knowledge from operators, leveraging the existing staff to succeed in the digital era. With offices in S...
Mar. 29, 2017 01:30 PM EDT Reads: 1,815
Buzzword alert: Microservices and IoT at a DevOps conference? What could possibly go wrong? In this Power Panel at DevOps Summit, moderated by Jason Bloomberg, the leading expert on architecting agility for the enterprise and president of Intellyx, panelists peeled away the buzz and discuss the important architectural principles behind implementing IoT solutions for the enterprise. As remote IoT devices and sensors become increasingly intelligent, they become part of our distributed cloud enviro...
Mar. 29, 2017 12:15 PM EDT Reads: 7,994
SYS-CON Events announced today that T-Mobile 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. As America's Un-carrier, T-Mobile US, Inc., is redefining the way consumers and businesses buy wireless services through leading product and service innovation. The Company's advanced nationwide 4G LTE network delivers outstanding wireless experiences to 67.4 million customers who are unwilling to compromise on ...
Mar. 29, 2017 11:45 AM EDT Reads: 2,643
SYS-CON Events announced today that Infranics 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. Since 2000, Infranics has developed SysMaster Suite, which is required for the stable and efficient management of ICT infrastructure. The ICT management solution developed and provided by Infranics continues to add intelligence to the ICT infrastructure through the IMC (Infra Management Cycle) based on mathemat...
Mar. 29, 2017 11:00 AM EDT Reads: 3,517
SYS-CON Events announced today that Interoute, owner-operator of one of Europe's largest networks and a global cloud services platform, has been named “Bronze Sponsor” of SYS-CON's 20th Cloud Expo, which will take place on June 6-8, 2017 at the Javits Center in New York, New York. Interoute is the owner-operator of one of Europe's largest networks and a global cloud services platform which encompasses 12 data centers, 14 virtual data centers and 31 colocation centers, with connections to 195 add...
Mar. 29, 2017 10:15 AM EDT Reads: 1,800
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 ...
Mar. 29, 2017 10:00 AM EDT Reads: 2,399
In his session at @ThingsExpo, Eric Lachapelle, CEO of the Professional Evaluation and Certification Board (PECB), will provide an overview of various initiatives to certifiy the security of connected devices and future trends in ensuring public trust of IoT. Eric Lachapelle is the Chief Executive Officer of the Professional Evaluation and Certification Board (PECB), an international certification body. His role is to help companies and individuals to achieve professional, accredited and worldw...
Mar. 29, 2017 08:45 AM EDT Reads: 999
In his General Session at 16th Cloud Expo, David Shacochis, host of The Hybrid IT Files podcast and Vice President at CenturyLink, investigated three key trends of the “gigabit economy" though the story of a Fortune 500 communications company in transformation. Narrating how multi-modal hybrid IT, service automation, and agile delivery all intersect, he will cover the role of storytelling and empathy in achieving strategic alignment between the enterprise and its information technology.
Mar. 29, 2017 08:00 AM EDT Reads: 7,613
Microservices are a very exciting architectural approach that many organizations are looking to as a way to accelerate innovation. Microservices promise to allow teams to move away from monolithic "ball of mud" systems, but the reality is that, in the vast majority of organizations, different projects and technologies will continue to be developed at different speeds. How to handle the dependencies between these disparate systems with different iteration cycles? Consider the "canoncial problem" ...
Mar. 29, 2017 06:00 AM EDT Reads: 9,129