SOFTWARE PATENTS
ast issue we reported on how the
GNOME Foundation was being targeted
by Rothschild Patent Imaging, a well-
known patent pursuer, over claims that Shotwell,
GNOME’s open source photo manager, infringes
on a “wireless image distribution system and
method” patent taken out by Leigh M.
Rothschild. Rothschild Patent Imaging offered
to allow the GNOME Foundation to settle for a
“high five figure amount” in order to continue
to develop Shotwell.
It seems the company was hoping that the
GNOME Foundation would not only have that
kind of money, but would feel pressured to pay
the amount in full to avoid a potentially costly
lawsuit. However, it looks like the Foundation
won’t be cowed, and in a news post (http://bit.
ly/LXF257GNOMEPatent), it announced that
while settling “would have caused less work, cost
less money, and provided the Foundation a lot
less stress,” it would also be wrong.
This is because, while the lawsuit is the first
time a free software project has been targeted
this way, the GNOME Project worries that “it
won’t be the last.” If GNOME folded and paid off
Rothschild Patent Imaging, it could encourage
more patent-happy companies to try the same
tactic with other free and open source projects –
which could have a chilling effect.
So GNOME Foundation Executive Director
Neil McGovern instructed its legal counsel to file
three court papers in its defence against the
lawsuit. The first paper is a motion to dismissthe case outright, as the GNOME
Foundation does not “believe that
this is a valid patent, or that
software can or should be able to
be patented in this way.” This paper
is aimed at preventing the patent
from being used against other
projects as well. The second paper
is to answer the claim, even though
GNOME does not believe there is a
case to be answered. It will show
that Shotwell, and other free software in general,
isn’t affected by this patent.
Finally, the third paper is a counterclaim,
which will “make sure that this isn’t just droppedwhen Rothschild realizes we’re going to fight
this.” The GNOME project wants to send a
message to patent trolls that it will fight any
claims, win the case and therefore have the
patent invalidated.
If you think this is a fight worth having, you
can help support GNOME by making a donation
to the GNOME Patent Troll Defence Fund at
http://bit.ly/LXF257PatentTrollFund.The Foundation isn’t taking threats
over its Shotwell app lying down.
THE FOUNDATION DOES NOT “BELIEVE
THAT THIS IS A VALID PATENT, OR THAT
SOFTWARE CAN OR SHOULD BE ABLE
TO BE PATENTED THIS WAY.”
GNOME fights back
against patent claim
L
Newsdesk
THIS ISSUE: GNOME says pah to patent claim Samsung nixes
DeX PS4 streaming on Linux Coreboot arrives AV1 is go
The Gnome Foundation is
fighting back against a patent
claim it feels is unfair.6 LXF257 December 2019 http://www.linuxformat.comSOFTWAREPATENTS
astissuewereportedonhowthe
GNOMEFoundationwasbeingtargeted
byRothschildPatentImaging,a well-
knownpatentpursuer,overclaimsthatShotwell,
GNOME’sopensourcephotomanager,infringes
ona “wirelessimagedistributionsystemand
method”patenttakenoutbyLeighM.
Rothschild.RothschildPatentImagingoffered
toallowtheGNOMEFoundationtosettlefora
“highfivefigureamount”inordertocontinue
todevelopShotwell.
It seemsthecompanywashopingthatthe
GNOMEFoundationwouldnotonlyhavethat
kindofmoney,butwouldfeelpressuredtopay
theamountinfulltoavoida potentiallycostly
lawsuit.However,it looksliketheFoundation
won’tbecowed,andina newspost(http://bit.
ly/LXF257GNOMEPatent), it announcedthat
whilesettling“wouldhavecausedlesswork,cost
lessmoney,andprovidedtheFoundationa lot
lessstress,”it wouldalsobewrong.
Thisisbecause,whilethelawsuitisthefirst
timea freesoftwareprojecthasbeentargeted
thisway,theGNOMEProjectworriesthat“it
won’tbethelast.”If GNOMEfoldedandpaidoff
Rothschild Patent Imaging, it could encourage
more patent-happy companies to try the same
tactic with other free and open source projects –
which could have a chilling effect.
So GNOME Foundation Executive Director
Neil McGovern instructed its legal counsel to file
three court papers in its defence against the
lawsuit. The first paper is a motion to dismissthecaseoutright,astheGNOME
Foundationdoesnot“believethat
thisisa validpatent,orthat
softwarecanorshouldbeableto
bepatentedinthisway.”Thispaper
isaimedatpreventingthepatent
frombeingusedagainstother
projectsaswell.Thesecondpaper
istoanswertheclaim,eventhough
GNOMEdoesnotbelievethereisa
casetobeanswered.It willshow
thatShotwell, andotherfreesoftwareingeneral,
isn’taffectedbythispatent.
Finally,thethirdpaperisa counterclaim,
whichwill“makesurethatthisisn’tjustdroppedwhenRothschildrealizeswe’regoingtofight
this.” The GNOME project wants to send a
message to patent trolls that it will fight any
claims, win the case and therefore have the
patent invalidated.
If you think this is a fight worth having, you
can help support GNOME by making a donation
to the GNOME Patent Troll Defence Fund at
http://bit.ly/LXF257PatentTrollFund.TheFoundationisn’ttakingthreats
overitsShotwellapplyingdown.
THE FOUNDATION DOES NOT “BELIEVE
THAT THIS IS A VALID PATENT, OR THAT
SOFTWARE CAN OR SHOULD BE ABLE
TO BE PATENTED THIS WAY.”
GNOME fights back
against patent claim
L
Newsdesk
THIS ISSUE:GNOMEsayspahtopatentclaim Samsungnixes
DeX PS4 streaming on Linux Coreboot arrives AV1 is go
TheGnomeFoundationis
fighting back against a patent
claim it feels is unfair.6 LXF257 December 2019 http://www.linuxformat.com