Tag Archives: Software

Software Patents are the new Copyright

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In one of my previous posts I commented that I was seeing a convergence withing copyright activities. I believe that something just as horrible is starting to happen within the software patent world. I think that it will threaten the free software movement as well. We’ve had patent trolls around for a long time now. Almost since the first patent was created, however, this didn’t interact with our daily lives. It was similar to the way that copyright didn’t affect you and me on a daily basis. Sure, changes in prices or the removal of a product could affect us, but typically we were able to find a replacement or dealt with the price change. However, I think that this new type of patent troll is more dangerous. Yesterday I saw a post on Ars Technica discussing how Lodsys is going after Apple app developers. Apple isn’t happy about this at all, because it threatens to ruin the base they have developed.

I think there are some other problems with this as well. Historically, if a company, that produces software, was looking to go for an IPO or bought by another company there’s a thing called due dilligence, where the products are checked for stolen code. This is a big deal, because if I stole the code from Linux or some other open source software, my entire project falls under the GPL, and forces my source code to become open as well. This can create massive headaches for companies.

There is a key difference between what used to happen in the past and what is happening now. Before it was the method of making something happened that mattered. For example if I took a really fast way to sort something from open source how it was sorted was what mattered, not that it sorted. Why does this matter? Well the code is also technically copyrighted and owned by the writer. Now the outcome matters as well. What if some one had a patent on sorting. I’ve mentioned how crazy this would have been in the past and how this would impact innovation.

Let’s say some one decided to put in for a patent on shooting animals at some sort of target through a controlled interface. Once the animal hit the target the animal interacted with the target which changed the user interface to indicate that the change had occurred. I have two games on my phone right now, Angry Birds and Monkey Blaster that would both be impacted by this patent. Both of them have very different goals and methods for shooting an animal at a target and different results once it hits the target. Indeed, the definition of target is different between these two games. However, neither of these developers are going to be looking for patents when they have an idea about what’s the next game they want to make.

The patent that is mentioned in the Ars article is absurd. It should never have been approved. There’s nothing novel in the development of the in app purchase. That is something that should be obvious from any one in the computer industry. You could easily see the relationship between a website and an application. In fact, I’m sure that there have been cases of this in the past. Another question that remains to be seen is this going to impact services like Steam? The article notes that Lodsys has already gone after EA.

This change in behavior towards apps and software patents is a very bad change. We need to work to address these types of problems. Returning to the requirement of producing a product to have on the market within a certain number of years could help address these problems. However for software this will likely just lead to a crappy product put on the market that no one buys and no one knows about.

EFF’s Tor challenge and Internet Freedom

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First of all, no I didn’t participate in the Tor challenge. I don’t feel I can use my computer in this way while I’m doing a lot of work on it for school. However, I think the idea is excellent. I didn’t explain what TOR is did I? Well here’s the EFF website about Tor. TL;DR: basically it provides a way for You, to hide your actual IP address. You have to install a piece of software to access the network. Once you access the network you’re data will bounce around and come out an exit point, which is your “final” IP address. This final address will take the brunt of any legal or illegal activity being conducted on the TOR network. The EFF suggest that you do not run an exit relay out of your home and the Tor project has some recommendations on running an exit point. However, it should be safe to run a middle relay to allow traffic to flow through your home address. The data that flows between middle nodes is encrypted. See the picture below.

EFF representation of the Tor network: from Tor Project

Why is this technology important? This helps with freedom of speech. The US constitution allows free speech and this is an important tool in allowing freedom of speech. Of course like any proxy website, or VPN it can be used for other purposes, as can the ideas of free speech. We may not like what it is being used for, what is being said or why, but it’s still legal. One thing that is noted repeatedly on both the EFF and Tor page is the risk of DCMA take downs and law enforcement attention. Both of these have a chilling affect on freedom of speech.

It seems to me that copyright control and protection may seriously damage a project like this. If all the exit nodes are shut down because of copyright take down notices we lose a valuable tool in preserving our freedom of speech as well as an assumed right to use the internet in the way we feel is best.

Another concern I have about this technology is the obvious potential use by hackers. This tool is going to be used by hackers. It would be foolish for them not to. This of course puts this technology at odds with the wishes of the government to control copyright infringement and prevent hacking of businesses and government agencies. I seriously hope that the US government, and the EU, gives protection to the exit nodes from legal repercussions from hackers using these networks. Used in the right way Tor could be a modern Underground Railroad for dissenters in countries like Libya, Yemen, and Saudi Arabia.

Innovation and Software Patents

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Whenever a new type of product is released there are a lot of difficulties with intellectual property. This is being played out in biotechnology and software. As recently as last year it was possible to patent human genes in the US. See this link for the recent verdict against it. The ACLU also had a write up from 2009 when this case was still ongoing about the history of genetic patenting. Software is another case of this. Many people argue that since software is an algorithm or series of statements that leads to a result it should not be patentable. This makes sense as mathematical proofs are unable to be patented. The argument is that for proofs these are discoveries and more natural processes than creating technology.

In the EU it is not possible to obtain a software patent at all. They claim that with software there are multiple different methods to obtain the same output. Software patenting is a very recent trend. The most famous example is the Amazon.com one-click to buy button. Which, if you don’t know what it is, basically allows you to store an address and a credit card and automatically buy whatever product you’re looking at. Fairly simple right? Well there was a lawsuit against a major competitor, Barnes and Noble about this in ’99. Some how this patent managed to survive the re-review, even though it’s a fairly obvious idea and could be implemented in about a billion different ways. On the billions, I’m not even exaggerating. There would be so many different interactions that could make the actual implementation totally different. These range from database types, information request, how the data is actually stored in the data base. There could be nothing similar between the implementation at all, yet Amazon ones all the methods to do this. In terms of patents this is effectively an amazing patent.

Let’s put this more simply. If software patents had been allowable in the 70’s when software first started to take off we would be living in a different world. BIOS have been owned by IBM until 1990 or so, which would have made manufacturing computers a two horse race between Apple and IBM. Microsoft or Apple could have patented the Operating system, and then the graphic user interface. IT innovation would have been non-existent. Think of this, some one could have patented data sorting. There are a many different ways to sort data in the CS world and all of them would have been covered by a single patent. Then some one could have decided to patented sorting on a multi-core computer (by then sorting as a patent would have expired).

Software is more like a mathematical proof than it’s like inventing the computer.

Innovation in the software world has been amazing because it has been something of a free for all. However, there are drawbacks to this lack of IP protection. In the most recent version of iOS, iOS5, Apple has been accused of lifting many of it’s new “innovations” from apps that have been rejected from the app store, or that have been selling in the jailbroke iPhone app store. Here’s the link for the article. How do we deal with cases like this, either Goliath stealing from David or David stealing from Goliath? There needs to be some sort of protection.

Potentially copyright should cover this, or a registered design. Perhaps in the case of the app stores a non-compete agreement should be signed if the app is rejected by Apple. Meaning Apple won’t steal it. However, there is no easy solution. Software design thefts are going to be very difficult to manage and deal with.