|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.
Pulzze Systems was happy to participate in such a premier event and thankful to be receiving the winning investment and global network support from G-Startup Worldwide. It is an exciting time for Pulzze to showcase the effectiveness of innovative technologies and enable them to make the world smarter and better. The reputable contest is held to identify promising startups around the globe that are assured to change the world through their innovative products and disruptive technologies. There w...
Aug. 24, 2016 04:15 PM EDT Reads: 290
SYS-CON Events announced today Telecom Reseller has been named “Media Sponsor” of SYS-CON's 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Telecom Reseller reports on Unified Communications, UCaaS, BPaaS for enterprise and SMBs. They report extensively on both customer premises based solutions such as IP-PBX as well as cloud based and hosted platforms.
Aug. 24, 2016 04:15 PM EDT Reads: 391
SYS-CON Events announced today that Venafi, the Immune System for the Internet™ and the leading provider of Next Generation Trust Protection, will exhibit at @DevOpsSummit at 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Venafi is the Immune System for the Internet™ that protects the foundation of all cybersecurity – cryptographic keys and digital certificates – so they can’t be misused by bad guys in attacks...
Aug. 24, 2016 04:15 PM EDT Reads: 2,530
Smart Cities are here to stay, but for their promise to be delivered, the data they produce must not be put in new siloes. In his session at @ThingsExpo, Mathias Herberts, Co-founder and CTO of Cityzen Data, will deep dive into best practices that will ensure a successful smart city journey.
Aug. 24, 2016 02:15 PM EDT Reads: 1,431
The 19th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Digital Transformation, Microservices 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 business opportuni...
Aug. 24, 2016 12:00 PM EDT Reads: 3,838
DevOps at Cloud Expo, taking place Nov 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 19th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long dev...
Aug. 24, 2016 11:00 AM EDT Reads: 2,082
In today's uber-connected, consumer-centric, cloud-enabled, insights-driven, multi-device, global world, the focus of solutions has shifted from the product that is sold to the person who is buying the product or service. Enterprises have rebranded their business around the consumers of their products. The buyer is the person and the focus is not on the offering. The person is connected through multiple devices, wearables, at home, on the road, and in multiple locations, sometimes simultaneously...
Aug. 24, 2016 09:45 AM EDT Reads: 2,246
Internet of @ThingsExpo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 19th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The Internet of Things (IoT) is the most profound change in personal and enterprise IT since the creation of the Worldwide Web more than 20 years ago. All major researchers estimate there will be tens of billions devices - comp...
Aug. 24, 2016 09:00 AM EDT Reads: 3,504
For basic one-to-one voice or video calling solutions, WebRTC has proven to be a very powerful technology. Although WebRTC’s core functionality is to provide secure, real-time p2p media streaming, leveraging native platform features and server-side components brings up new communication capabilities for web and native mobile applications, allowing for advanced multi-user use cases such as video broadcasting, conferencing, and media recording.
Aug. 24, 2016 07:45 AM EDT Reads: 2,081
Data is the fuel that drives the machine learning algorithmic engines and ultimately provides the business value. In his session at Cloud Expo, Ed Featherston, a director and senior enterprise architect at Collaborative Consulting, will discuss the key considerations around quality, volume, timeliness, and pedigree that must be dealt with in order to properly fuel that engine.
Aug. 24, 2016 07:15 AM EDT Reads: 1,655
SYS-CON Events announced today that 910Telecom will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Housed in the classic Denver Gas & Electric Building, 910 15th St., 910Telecom is a carrier-neutral telecom hotel located in the heart of Denver. Adjacent to CenturyLink, AT&T, and Denver Main, 910Telecom offers connectivity to all major carriers, Internet service providers, Internet backbones and ...
Aug. 24, 2016 07:00 AM EDT Reads: 1,743
Amazon has gradually rolled out parts of its IoT offerings in the last year, but these are just the tip of the iceberg. In addition to optimizing their back-end AWS offerings, Amazon is laying the ground work to be a major force in IoT – especially in the connected home and office. Amazon is extending its reach by building on its dominant Cloud IoT platform, its Dash Button strategy, recently announced Replenishment Services, the Echo/Alexa voice recognition control platform, the 6-7 strategic...
Aug. 24, 2016 04:30 AM EDT Reads: 2,179
19th Cloud Expo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy. Meanwhile, 94% of enterpri...
Aug. 24, 2016 03:30 AM EDT Reads: 2,934
Akana has announced the availability of version 8 of its API Management solution. The Akana Platform provides an end-to-end API Management solution for designing, implementing, securing, managing, monitoring, and publishing APIs. It is available as a SaaS platform, on-premises, and as a hybrid deployment. Version 8 introduces a lot of new functionality, all aimed at offering customers the richest API Management capabilities in a way that is easier than ever for API and app developers to use.
Aug. 24, 2016 02:00 AM EDT Reads: 1,406
Personalization has long been the holy grail of marketing. Simply stated, communicate the most relevant offer to the right person and you will increase sales. To achieve this, you must understand the individual. Consequently, digital marketers developed many ways to gather and leverage customer information to deliver targeted experiences. In his session at @ThingsExpo, Lou Casal, Founder and Principal Consultant at Practicala, discussed how the Internet of Things (IoT) has accelerated our abil...
Aug. 24, 2016 01:45 AM EDT Reads: 1,878
With so much going on in this space you could be forgiven for thinking you were always working with yesterday’s technologies. So much change, so quickly. What do you do if you have to build a solution from the ground up that is expected to live in the field for at least 5-10 years? This is the challenge we faced when we looked to refresh our existing 10-year-old custom hardware stack to measure the fullness of trash cans and compactors.
Aug. 24, 2016 01:00 AM EDT Reads: 1,589
The emerging Internet of Everything creates tremendous new opportunities for customer engagement and business model innovation. However, enterprises must overcome a number of critical challenges to bring these new solutions to market. In his session at @ThingsExpo, Michael Martin, CTO/CIO at nfrastructure, outlined these key challenges and recommended approaches for overcoming them to achieve speed and agility in the design, development and implementation of Internet of Everything solutions wi...
Aug. 24, 2016 12:30 AM EDT Reads: 1,885
Cloud computing is being adopted in one form or another by 94% of enterprises today. Tens of billions of new devices are being connected to The Internet of Things. And Big Data is driving this bus. An exponential increase is expected in the amount of information being processed, managed, analyzed, and acted upon by enterprise IT. This amazing is not part of some distant future - it is happening today. One report shows a 650% increase in enterprise data by 2020. Other estimates are even higher....
Aug. 24, 2016 12:00 AM EDT Reads: 2,840
I wanted to gather all of my Internet of Things (IOT) blogs into a single blog (that I could later use with my University of San Francisco (USF) Big Data “MBA” course). However as I started to pull these blogs together, I realized that my IOT discussion lacked a vision; it lacked an end point towards which an organization could drive their IOT envisioning, proof of value, app dev, data engineering and data science efforts. And I think that the IOT end point is really quite simple…
Aug. 23, 2016 11:30 PM EDT Reads: 2,227
"My role is working with customers, helping them go through this digital transformation. I spend a lot of time talking to banks, big industries, manufacturers working through how they are integrating and transforming their IT platforms and moving them forward," explained William Morrish, General Manager Product Sales at Interoute, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Aug. 23, 2016 09:00 PM EDT Reads: 2,999