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    A disturbing trend ...

    Last week in another forum I had commented on the IPs that went with the Novell sale. I showed a USTPO search which listed 462 applications and mentioned that 87+ of them were granted in this year alone. I mentioned one for the concept of the "ROLE" in database security, applied for in 2005, and mentioned that I had used Oracle's ROLE in 2004 and before. I asked then if FOSS was going to be a new ground for "innovation" by corporate thieves. Today I did a search for all of Novell's patents since 2001, and found 3,424 of them. The second one in this list, an application filed in May of this year, is for prompt objects in queries, indistinguishable from Crytal Reports query prompts that I have used since before CR was owned by Seagate, long before the patent was applied for.

    Half in jest I asked in that post if corporate developers would start searching FOSS documentation for new patent ideas? I didn't have to wait long to read of this actually taking place. Just yesterday we read of IBM patenting the algorithm in "HeapCheck". Today, I read that Tandberg has filed a patent application for an algorithm created in 2008 by a FOSS developer working on the x264 project. Tandberg claims simultaneous, independent development. That "might" sound reasonable except that the Tandberg application, as the developer points out:
    So why the deja vu? Because this patent application was an exact, step-by-step description of the algorithm I came up with for decimate_score (and later coeff_level_run) in x264 in 2008!

    This is not coincidence. We already know from one of their employees that they follow x264 development. We also know that they file patents for practically everything he comes up with. Well, this time, it looks like they ran out of ideas, so they had to go use the cheat sheet: open source.

    Furthermore -- the patent application was filed a mere two months (Dec. 30, 2008) after my original commit (Oct. 22, 2008). Funnily enough, they are missing one minor part of my algorithm, the use of the Phenom's SSE4a. Want to know why? It was added the day after they filed the patent application, so they didn't get a chance to copy it.

    This is likely just the tip of the iceberg. There's almost surely more where this came from.
    A problem arises when a corporation like Tandberg (or IBM) files an patent infringement claim against the coder who actually wrote the code they stole, or the app project is is used in, and the coder doesn't have the money to fight the lawsuit or even contest the patent at the USTPO.

    Combine stunts like this with the corporate interests (RIAA & MPAA) using ICE, of all agencies, to bring down websites for hosting torrents that don't host illegal torrents:

    The targets of the bill could possibly include many BitTorrent sites. Last week both the MPAA and RIAA submitted their wishlists of “rogue websites” that should be taken care of, and these included The Pirate Bay, isoHunt, Demonoid and other popular torrent sites.
    And people wonder why Americans are losing respect for the law.
    "A nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.”
    – John F. Kennedy, February 26, 1962.

    #2
    Re: A disturbing trend ...

    Yes, every day brings news of another court ruling in favor of large corporations over the rights of individuals. And not just in America.

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      #3
      Re: A disturbing trend ...

      My eldest boy is one of the top tier of computer programmers in the U.S.,

      He has testified in several lawsuits about this stuff and yes indeedy, there are a multitude of problems that arise, not the least of which is the simple idea of FOSS.

      The critical thing is whether the coder can prove with time date stamps and by simple explanation etc. about how he or she did things to a less than knowledgable court or, have a deep pockets lawyer, in a place where money flows easily.

      I, personally, think things will get worse rather than better.

      woodsmoke

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        #4
        Re: A disturbing trend ...

        I agree, things are going to get worse.

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