this post was submitted on 23 Sep 2023
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[–] [email protected] 86 points 2 years ago (2 children)

Two pieces of technology are behind the Internet as we know it today.

Neither one is patented.

They are TCP/IP and Linux.

All the network traffic runs over TCP/IP.

95%+ of the servers run Linux. So do the Android phones and Chromebooks.

Clearly, patent protection in software is not required for society to benefit greatly from technological innovation in software.

[–] [email protected] 23 points 2 years ago (2 children)

Linux isn't a patentable thing. It's not one idea or even really a new one. I agree with your premise though. Patents, in nearly all cases, suck.

[–] [email protected] 20 points 2 years ago (2 children)

Linux isn’t a patentable thing.

Yes, that's been true so far. Are you sure it's true under the newly proposed law?

[–] [email protected] 5 points 2 years ago

I hope if the law passes, that the Linux Foundation immediately would jump on putting a patent on Linux/whatever else needed just to keep those pesky patent mongoloids from trying to kill Linux. Assuming that Linux would become patentable.

[–] [email protected] 1 points 2 years ago

What would you patent? "A program which handles low level functionality and manages other programs?" I suppose what I mean is that there is "prior art". You can't patent something if it isn't new and the concept of Linux isn't. Linux isn't the first kernel. This law wouldn't change that. The first person to create a kernel though, under this law that might perhaps (?) have been patentable. Which would've crippled the entire software industry in it's infancy. Yay patents!

[–] [email protected] 7 points 2 years ago

Patents have been an issue for Linux before. For example, memory deduplication (KSM) was delayed and modified to avoid a patent on using hashes for this purpose, resulting in a potentially inferior implementation due to patents.

[–] [email protected] 5 points 2 years ago (5 children)

TIL UDP Traffic runs on TCP.

[–] [email protected] 16 points 2 years ago (1 children)

"TCP/IP" is conventionally used to indicate the whole protocol suite; including UDP, ICMP and sometimes even ARP.

[–] [email protected] 1 points 2 years ago (2 children)

Technically the parent protocol is IP.

In all my years I have never heard someone suggest that TCP is a catch all term.

[–] [email protected] 5 points 2 years ago

I've seen many references to TCP/IP as meaning IP + everything-on-top, usually when talking about other networking technologies like UUnet, OSI, etc. Also as the TCP/IP stack, usually meaning the (Free)BSD networking code used in other systems.

[–] [email protected] 3 points 2 years ago

It's not that TCP is a catch-all term, but "TCP/IP" is often used that way.

https://en.wikipedia.org/wiki/Internet_protocol_suite

The Internet protocol suite, commonly known as TCP/IP, is a framework for organizing the set of communication protocols used in the Internet and similar computer networks according to functional criteria. The foundational protocols in the suite are the Transmission Control Protocol (TCP), the User Datagram Protocol (UDP), and the Internet Protocol (IP).

For that matter, the classic networking text by Douglas Comer is Internetworking with TCP/IP and it does cover UDP, ICMP, ARP, DHCP, DNS, etc.

[–] [email protected] 4 points 2 years ago (4 children)

Psh. UDP isn't used at any scale anymore. /s

[–] [email protected] 5 points 2 years ago

I use it all the time

[–] [email protected] 5 points 2 years ago

I use it all the time

[–] [email protected] 5 points 2 years ago

I use it all the time

[–] [email protected] 5 points 2 years ago

I use it all the time

[–] [email protected] 4 points 2 years ago

It does it you want to be sure it is delivered!

[–] [email protected] 1 points 2 years ago
[–] [email protected] 1 points 2 years ago
[–] [email protected] 39 points 2 years ago

The Patent Eligibility Restoration Act (PERA), S. 2140, would throw out Supreme Court rules that limit patents on abstract ideas. If PERA passes, it will open the floodgates for far more vague and overbroad software patents. It will even allow for a type of patent on human genes that the Supreme Court rightly disallowed in 2013.

No one should be allowed to take an abstract idea, add generic computer language, and get a patent. And we should never see patents on the genes that naturally occur in human bodies. But if PERA passes, that’s exactly what will happen.

Patent trolls—companies that have no product or service of their own, but simply make patent infringement demands on others—are a big problem. They’ve cost our economy billions of dollars. For a small company, a patent troll demand letter can be ruinous.

But we took a big step forward in the fight against patent trolls in 2014, when a landmark Supreme Court ruling, the Alice Corp. v. CLS Bank case, held that you can’t get a patent by adding “on a computer” to an abstract idea.

This bill by Sen. Thom Tillis (R-NC) and Sen. Chris Coons (D-DE) would also override the Supreme Court ruling that stopped the U.S. Patent Office from issuing patents on human genes. Patenting human genetic material is wrong and should never occur.

Tell Congress to reject the Patent Eligibility Restoration Act.

[–] [email protected] 19 points 2 years ago

Fixed it for you: Tell Congress: Don't Allow Patents

[–] [email protected] 11 points 2 years ago

They never stop so we have to stay vigilant and vocal.

[–] [email protected] 4 points 2 years ago

Which politicians are pushing this?

[–] [email protected] 1 points 2 years ago

So because this is an opturinty to make.money it will pass. Here in America we live by capitlaism. It doesn't matter if the idea is good or bad, just if someone will make money off of it. Since people can make money off this one it will end up passing. The right senators will be bribed and all our lives will be worse