July 5, 2005
Software Patent Debate Rages Online
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Software Patent Debate Rages Online
- by Jim Edwards
© Jim Edwards - All Rights reserved
http://www.thenetreporter.com
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I recently attended a conference in Las Vegas where 3
presenters got on stage and said that consumers, software
developers, and website designers risked massive fines and
even criminal charges for using MP3 audio online.
After I recovered from my initial shock, I realized they
were talking about a software patent held by a French based
company, Thomson, which enables them to charge licensing
fees for anyone using their MP3 audio technology.
Upon opening this proverbial “can of online worms” I
discovered that a whole world of what many consider
unenforceable software patents exists online.
From my research, much of the online software patent debate
stems from patents issued in Europe that may or may not get
enforced. Did you know that someone patented the process of
an online shopping cart?
Sun Microsystems patented the “shopping cart” process and
could try to collect a royalty from anyone who uses a
similar system (which rates as anyone selling anything
online).
http://l2.espacenet.com/espacenet/viewer?PN=EP807891
Another company patented paying with a credit card over the
Internet, which would definitely shut down the vast majority
of all ecommerce if they could enforce that patent!
http://l2.espacenet.com/espacenet/viewer?PN=EP820620
Log on to www.nosoftwarepatents.com and
http://webshop.ffii.org for some startling information.
I contacted an attorney specializing in Internet law, Bob
Silber of www.InternetLawProducts.com, to get his opinion
specifically on the debate about MP3’s.
“The mp3 licensing issue is not new, but recently resurfaced
after an Internet marketer did a ’scare tactics’ campaign
for his own marketing purposes. Thomson is the company
holding the portfolio of patents related to MP3… Currently
Thomson doesn’t require an mp3 license for non-commercial
activities or for businesses generating an annual gross
revenue less than US $100 000.”
So, unless you’re making MP3’s or software that creates
MP3’s and making over $100,000 a year doing it, it doesn’t
appear you need to worry about this particular patent issue.
Even then, it appears the owners of the MP3 patents would
find it very difficult to enforce their patents with so much
new technology emerging that builds on, and fundamentally
changes, the original technology.
But this does open up a greater debate about what should and
should not get patented when it comes to software.
I’m fully in favor of people protecting their rights when
they create any intellectual property (software, audio,
written material, etc.), but that’s a copyright issue, not a
patent issue.
“Copyright” means nobody can do it the way you did it (with exact words, computer code, etc.).
“Patent” means nobody can do it at all without paying someone else a fee / royalty or “TAX” because they patented the “result!”
That makes a big difference when you talk about fundamental
elements necessary to make the Internet and computers run.
It was fine for Bill Gates to copyright DOS, but what if he
patented “computer operating system?”
Would that give him dominion over every computer that booted
up for next 50 years? Impossible!
Unless the courts want to shut down the Internet or
computers in general, software patents are, by their nature,
unenforceable.
With so many different computer languages, methods, and
means to do anything with computers, it’s not fair or
practical for one person or company to own a “result” or a
“process” like online “shopping carts” or “online audio.”
That would be just like allowing someone to patent “bottled
water,” and charge us all every time we took a swig from a
plastic bottle.
–
Jim Edwards is a syndicated newspaper columnist and the
creator of an amazing course that will teach you step-by-
step and click-by-click how to finally create your own
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14 Comments »
July 6, 2005
Ozer Tayiz :
Hi Jim,
You’re so right that software patents are bs. Yes, there are patents regarding shopping carts, online payments, one-click-shopping, nearly everything about online ecommerce. Look at a web shop example:
http://webshop.ffii.org/ .
It is clear that, the “Big Guys” of normal trade and business does not want competiton from “small guys” The internet is a level playing field, with no one to dominate and have monopoly over anything.
I just hope that those software patents are totally gone. They are protected enough by copyright law already. Any software patent is against innovation, competition and cheap prices. Of course, monopolies of today like the overpriced sofware and applications which no small guy can compete.
Regards,
Ozer Tayiz.
Tinu :
Well I’m glad someone finally said something about this.
And especially glad that someone was you, Jim - this way there’s no questioning as to whether “an expert” said it was true.
Expert or not, someone reputable said it. And that’s all the clarity some of us need. If you don’t mind I’ll be pointing folks here to find out the answers to their questions on this issue.
Juho Tunkelo :
Well, at least one important battle has been won today, if not the whole war.
The European Parliament voted against the long-prepared, corporate-backed proposal to introduce software patents in the EU.
Check out the following news stories:
“Europe Parliament Nixes Software Patent Law”
http://tinyurl.com/csd6h
The so-called software patent directive, rejected
by a 648-14 vote with 18 abstentions [..]
[ WOW!! ]
“EU Parliament bins software patent bill”
http://tinyurl.com/dvjwd
The Unknown Marketer! :
MP3s, shopping carts, and credit card processing have all been patented for online use?!
Holy crap!
What type of conference did you attend in Vegas? Chicken ‘Lil’s “The Sky is Falling” SuperConference?
Sigh.
The next thing you’ll be saying is that pointer arrows and .gifs are patented too!
BigJim :
… actually, .gif’s *are* patented.
Mike :
Hey Jim…sounds like someone deserves a Smackdown. I realise that the overriding issue is too important to be treated that way, but surely the self-serving, fear-mongerers who kicked off this insanity deserve a chomp in the butt from Smacker.
John Barker :
Hi Jim,
I really like your style and appreciate the good information you churn out.
And that’s why I really hate for my first post to be in disagreement with you.
MP3 isn’t an end-result. Recorded audio is an end result. MP3 is a format - a “best way” to do something as apparently agreed on by it’s widespread adaptation. There are other audio formats - MP3 just rose to the top.
We ain’t gotta like what’s going on. I think it’s crap and I hope it’s the death of the company pulling the crap.
And . . .
I agree the presenters were over-the-top with generating fear, but hey, Americans scare easy (for all our tough talk) and you can convince them to do anything with a little fear thrown in.
I don’t think that MP3 is a big scare for most of us small potato farmers and I don’t hold a high level of admiration for the “experts” who’d present an issue like this in such overly dramatic fashion - then again some people thrive on and live for such drama and it probably felt as natural as bitching about . . . you fill in the blank.
Still, like it or not, I’d hate to see you or I unnecessarily frying on a stake because our rebel attitude denied what COULD happen - like it or not. MP3 is, apparently, patented technology. So we ain’t gotta like it.
Keep on ranting big Jim,
John
7CM Marketing Blog (Trackback)
Software Patent Debate Rages Online
Further confirmation, from Jim Edwards, that, “the owners of the MP3 patents would find it very difficult to enforce their patents …”
Me :
If I invent a way to compress audio and patent it and it happens to become very popular and you happen to use it and then I decide to exercise my right to collect on that usage, it’s up to you to pay or switch to some other technology (there’s lots of them).
I would hope what I do invent does become popular and widely used, but by your logic you seem to assume that if I become very successful with my particular technology I can no longer collect fees that would rightfully be mine to collect.
This logic of yours suggests that if someone becomes wildly successful they lose their rights to their creation. That shouldn’t be. Also, don’t try to confuse the issues by comparing this specific one regarding MP3 technology with other types of patents. They are not all the same and it’s shoddy reasoning to suggest or assume they are. Look at this particular issue on it’s own merits.
My own conclusion is that if the owner wants to collect that’s their right.
If Sony’s similar technology became wildly successful and commonly used would you expect them to give up their right to earn from their technology?
Lynette Chandler :
FYI, online movie rental process is also patented. By the guy who founded NetFlix.
July 7, 2005
Official Donna Knight Website (Trackback)
Do You Owe MP3 License Fees?
Below is an article by Jim Edwards who was at the Internet Marketing Superconference 7 which I recently attended (and had a blast! despite a severe allergy attack ). Jim was one of my favorite speakers there. If you ever get the chance to see this ve…
BigJim :
By no means am I saying you shouldn’t collect… what I’m saying is you can’t stop others from figuring out their own method for obtaining the same result.
Nobody should be able to copy you… but you shouldn’t be able to prevent someone else from coming up with their own way of doing the same thing… encoding audio… delivering movies.
As long as they don’t use or reverse engineer your code, you shouldn’t be able to stop them and vice-versa.
My opinion.
July 11, 2005
Roger Bertrand :
Hi Jim,
Keep up the good work you do for the benefit of all who use the internet for commerce or simply to try and enjoy some of the technology that is available. Above all…do not allow anyone to silence you!
One thing that I wish had been mentioned is the name of the “mongerer” that started this whole thing over again. That way we could all “maybe” do whatever we can to assure that their online attempts…if successful…will have been earned the hard way UNDER CONSTANT SCRUTINY.
Best regards
Roger
PS: I do agree with the suggestion that maybe these fools ought to have a “slap down” from the best of the best.
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Do You Owe MP3 Royalties On Your Podcasts?
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