Today, Python is used by some of the biggest names in computing, including Google, so you might assume things like trademarks were sorted out years ago. But this posting by Van Lindberg, Chairman of the Python Software Foundation, reveals that's not the case everywhere:

There is a company in the UK that is trying to trademark the use of the term "Python" for all software, services, servers... pretty much anything having to do with a computer. Specifically, it is the company that got a hold on the python.co.uk domain 13 years ago. At that time we weren't looking a lot at trademark issues, and so we didn't get that domain.

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From the moment the contract was signed, everything went silent. There was no contact between SMAIS and us, unfortunately. We tried to contact them, but it didn't work.

For kicks, he offered a one-day $10 sale on Sharemouse.

“Holy cow!” Bartels wrote. Translation: He sold more licenses than the elastic pricing model predicted.

Part of the success of the trial can be attributed to the valuable marketing and promotion that came with the CNET post. Even so, Bartels says the sales figures were “overwhelming and surprising.” So he’s now planning on bifurcating the ShareMouse product line.

Bartels says that the expected downside of selling at the lower price, higher support expenses, has not borne out. “Maybe our product is so good,” he says.

“Our responsibility is to follow the law,” said Lee Patch, a vice president at Nuance. “That’s what we do. It’s not our fault if some people don’t like the system.”

Soon, Apple’s engineers were asked to participate in monthly “invention disclosure sessions.” One day, a group of software engineers met with three patent lawyers, according to a former Apple patent lawyer who was at the meeting.

The first engineer discussed a piece of software that studied users’ preferences as they browsed the Web.

“That’s a patent,” a lawyer said, scribbling notes.

Another engineer described a slight modification to a popular application.

“That’s a patent,” the lawyer said.

Another engineer mentioned that his team had streamlined some software.

“That’s another one,” the lawyer said.

[....] The disclosure session had yielded more than a dozen potential patents when an engineer, an Apple veteran, spoke up. “I would like to decline to participate,” he said, according to the lawyer who was at the meeting. The engineer explained that he didn’t believe companies should be allowed to own basic software concepts.

"Think of the billions of dollars being flushed down the toilet... When patent lawyers become rock stars, it’s a bad sign for where an industry is heading,."

"If you give the same application to 10 different examiners, you'll get 10 different results..."

• An iPhone app called VizWiz helps blind users by letting them take a picture of something that is confusing -- and then crowdsourcing a helpful description to make things clear. This app uses Amazon's Mechanical Turk service to obtain helpful people, and the average turnaround time for a description is 27 seconds. [url]
• The Poet image description tool is open source software that helps to crowdsource image descriptions for digital books. This tool is aimed at textbook illustrations that aren't too helpful for people who can't see them. [url]
• The Tacit project is developing a hand-held sonar device with haptic feedback -- a technological take on the white cane. It's still just a prototype device, but so far, users seem to be able to use it fairly quickly without much training. [url]
• Haptic shoes could help people navigate by vibrating different parts of the shoe to tell the wearer if there are obstacles ahead. These shoes, like the Tacit project's handheld, are based on open Arduino hardware -- allowing other developers to contribute improvements and build upon existing tools. [url]

"The percentages come from a question in which people were asked if they had ever shared their log-in details for paid services. Some 15% of people in rich countries and 34% in poor countries said they had for personal use. For business use, it was 30% and 45% respectively...Moreover the respondents were only those who had paid for cloud services, which was a fraction of users. Cloud services are generally based on a “freemium” model, whereby basic use costs nothing and a premium version is paid for. According to the BSA's own data, only half of computer users tap cloud services, of which only one-third use it for business, of which two-thirds pay. Of the small subset that remain, the minority share log-ins. This changes things considerably. If the BSA figures were adjusted for all this, the potential piracy figures could be as low as between 2% and 6% of users—as much as 20 times less than the group claims. (The BSA's data is online here.)"

"There are other anomalies. The BSA only considered PC use, when many people use cloud services over tablets and mobile phones, especially in poor places. And the survey, of 14,702 people in 33 countries, presumes to speak with confidence about the “developing” world but not a single African country is represented—an odd omission, since it is a fast growing market."

In short, these BSA claims are a "study" in the same way that snake-handling is a "religion": it isn't.

Notwithstanding section 285, in an action disputing the validity or alleging the infringement of a computer hardware or software patent, upon making a determination that the party alleging the infringement of the patent did not have a reasonable likelihood of succeeding, the court may award the recovery of full costs to the prevailing party, including reasonable attorney's fees, other than the United States.

SOFTWARE PATENT.--The term 'software patent' means a patent that covers--

"(A) any process that could be implemented in a computer regardless of whether a computer is specifically mentioned in the patent; or
"(B) any computer system that is programmed to perform a process described in subparagraph (A).".

Top Three Reasons to Mandate Open Sourcing of Custom Federal Software:

Openness: Open Sourcing ensures basic fairness and transparency by making software and related artifacts available to the citizens who provided funding, consistent with the President’s 2009 declaration that “Information maintained by the Federal Government is a national asset.”

Economic Multiplier: Making Provides an economic stimulus by serving as the raw material that supports a competitive software development and services industry.

Supports the Federal “Shared First” Agenda: Maximizes value to the government by significantly increasing reuse and collaborative development between federal agencies and the private sector, consistent with the current Office of Management and Budget (OMB) “Shared First” initiative.

For starters, software often does not require the type of heavy investment that should result in a 20-year monopoly. Instead of expensive laboratories or years of testing for FDA approval, for example, you often just need a coder and a computer. Even complex programs don’t require 20 years of exclusivity to recoup their investment. Software patents are often not even necessary for successful businesses: Facebook and, yes, Google — never relied on software patents to grow their early businesses.

Software patents are also notoriously vague and difficult to understand, making it impossible for small inventors to navigate the system without expensive legal help. And that brings us to the most dangerous aspect of software patents: litigation.

It turns out that software patents are nearly five times more likely to be the subject of litigation as other patents. In fact, lawsuits surrounding software patents have more than tripled since 1999, and they have become part of the price of doing business in America. Take Spotify. After realizing much success in Europe, Spotify launched its U.S. product in July, and just weeks later it found itself facing a patent suit.

Perhaps most troubling, the patent system fails to recognize how people create and use technology. Software is fundamentally situated as a building-block technology. You write some code, and then I improve upon it — something the open source community has figured out. Google’s use of Java in its Android OS also demonstrates how innovators create, by making its own product and and incorporating some elements of the Java language (which, incidentally, Java’s creators have a history of supporting). And when those two come together, it results in an incredibly popular product, here the Android OS.

Why the slowdown in sales? Imagine what would happen to iPhone sales if Apple’s last product was its 3G phone introduced in 2009: Android-based devices would be running away with the market. Tucker claims that at least part of the reason imaging software sales were slowed by the Acacia suit is that R&D at the affected companies went into a deep freeze. In the two years following the suit, none of the defendants came out with a single new version of their products, while improvements continued in their text-based systems and at smaller competitors not subject to the suit.

We agree, and the first section of our source code policy is unequivocal: We use open-source software, and we do so because it helps us fulfill our mission.

Open-source software works because it enables people from around the world to share their contributions with each other. The CFPB has benefited tremendously from other people’s efforts, so it’s only right that we give back to the community by sharing our work with others.

This brings us to the second part of our policy: When we build our own software or contract with a third party to build it for us, we will share the code with the public at no charge. Exceptions will be made when source code exposes sensitive details that would put the Bureau at risk for security breaches; but we believe that, in general, hiding source code does not make the software safer.

We’re sharing our code for a few reasons:

• First, it is the right thing to do: the Bureau will use public dollars to create the source code, so the public should have access to that creation.
• Second, it gives the public a window into how a government agency conducts its business. Our job is to protect consumers and to regulate financial institutions, and every citizen deserves to know exactly how we perform those missions.
• Third, code sharing makes our products better. By letting the development community propose modifications , our software will become more stable, more secure, and more powerful with less time and expense from our team. Sharing our code positions us to maintain a technological pace that would otherwise be impossible for a government agency.

The CFPB is serious about building great technology. This policy will not necessarily make that an easy job, but it will make the goal achievable.

While governments around the world have been moving to embrace open source for a long time, adoption has been pretty slow in the U.S., though it is steadily growing as more federal agencies revise their guidelines and regulations, and some states pass laws requiring the consideration of open source options. But as a new agency that actively pursues the opportunities presented by technology, the CFPB is ahead of the curve. TechCrunch's Scott Merrill got additional details, like the fact that they are trying to lead by example:

I asked Willey what kind of advocacy — if any — the CFPB was doing (or planning to do) for open source software within the government. He shared that they’re using GitHub Enterprise internally, and have fielded a number of questions from other agencies about how they procured that and set it up. “It’s hard for us to have these conversations with other agencies without implicitly advocating an open source philosophy,” Willey told me. “So instead of trying to sell open source to other agencies on principle, we’re finding that it’s a lot easier to prove the value of open source software by showing our colleagues the great results it has gotten us.”

I was curious whether the CFPB’s policy is the natural result of more digital natives taking government jobs. According to Willey, it was “simply the byproduct of building a government organization from scratch in the information age: we are able to craft our technology philosophy with a modern perspective.”

It's good to see people in government placing an emphasis on staying at the forefront of technology, especially in terms of open source. The entire philosophy of open source is perfectly matched to the ideals of a transparent, accountable government that serves and belongs to its citizens, and hopefully the CFPB will lead more agencies in that direction.

Understand? No? Good! We want you confused and bewildered! If you're not careful, I will steal your external hard drives and stalk your attractive female employees. I even contribute to littering. And I do it all to the ominous notes of pizzicato strings, like Elmer Fudd hunting wabbits. Learn more at Microsoft's anti-piracy website, which is so poorly designed as to look like a knockoff itself—that is, if I don't run off with your computer first. Muahahaha! Piracy!

...…long-held stance on how third-party websites access proprietary AAdvantage member details… Because travelers’ AAdvantage account numbers and passwords can be used to claim AAdvantage mileage awards out of their accounts and access personal details, American will always protect this information.

We simply cannot permit websites that have not satisfied our security requirements the access needed to track AAdvantage balances or any other function that is otherwise secured behind AA.com login credentials.

Moreover, as that first paragraph quoted above makes clear, the key factor of the "unfair" competition is the radically different cost of manufacturing in countries where wages are lower, and health and environmental standards are less rigorous and hence less costly to implement. These will make far more difference to the costs than the possible use of pirated software, especially at Wal-Mart scales.

As a result, the logic behind the opening claim of this paragraph in the post seems dubious:

Combating software piracy in the supply chain is a reasonable request and part of what makes bills like PROTECT IP messy is that there’s a kernel of this issue in these bills. Bills like this are also meant to go after counterfeit products. Most folks really want to know what’s in baby formula or what’s in the medicines they purchase. Unfortunately, though, these aspects of piracy quickly gets muddled with cultural facets of piracy, particularly once the media industries have gotten involved.

It's important not to blur that difference, as the last sentence of the above paragraph seems to do. After all, that's precisely the trick the ACTA negotiators used to bring in disproportionate punishments for digital piracy -- by confounding it with counterfeiting that endangered the public's health.

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In cases where your security is at risk, or where we're required to do so for legal reasons, you may not be able to run apps or access content that you previously acquired or purchased a license for.

In the first place, with regard to the functionality of a computer program, the Advocate General defines it as the set of possibilities offered by a computer system – in other words, the service which the user expects from it.

Starting from that premiss, the Advocate General considers that the functionalities of a computer program are not eligible, as such, for copyright protection. The functionalities of a computer program are in fact dictated by a specific and limited purpose. In this, they are similar to ideas. That is why there may be a number of computer programs offering the same functionalities.

if it were accepted that a functionality of a computer program can be protected as such, that would amount to making it possible to monopolise ideas, to the detriment of technological progress and industrial development.

We release our Citizenship Report at the same time as our Annual Financial Report to give our broad base of stakeholders a full view of Microsoft’s financial and non-financial performance. Corporate responsibility means more than returning value to shareholders – it means engaging with stakeholders to address our responsibilities in the areas of environmental, social and governance issues. We believe all corporations have, as part of their license to operate, a responsibility to contribute positively to society on a global scale. To quote our company’s founder, Bill Gates: "It takes more than great products to make a great company."

So let's just take a look at the things Microsoft has been doing to "contribute positively to society on a global scale". Here's one detail:

We have increased corporate charitable giving year-over-year since fiscal year 2008, despite economic challenges. Our employees volunteered more time—more than 380,000 hours in the U.S. alone. We also contributed more cash and in-kind support to nonprofits—$949 million globally.

That's nearly $1 billion of cash and in-kind support to nonprofits – a big number. There's a web page devoted to these activities, with this paragraph giving some more information:

In FY2011 we donated more than $844 million in software to 46,886 nonprofits in 113 countries/regions.The value of software we have donated globally since 1998 is more than $3.9 billion. The FY2011 value of software donated now includes employee software donations; previous years’ in-kind giving numbers do not.

This means that of the $949 million dollars "contributed" to nonprofits, $844 million -- 88% – was actually software, presumably Microsoft's, since it's unlikely it went out and bought it from competitors.

What's harder to judge is how much that $844 million worth of software actually cost Microsoft: the specific phrase used is "fair market value". This has quite a well-defined meaning in US tax law:

The fair market value is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.

Now, I'm not suggesting that the people who put up the web page about Microsoft's contributions to nonprofits were following that definition exactly. But equally, it seems likely that the gist is the same: it's a kind of rough price that you'd usually find in normal markets selling the products in question. And those prices are almost certainly well above the cost of manufacturing, especially if the software was delivered online, or if multiple installations were permitted.

So the actual cost to Microsoft of that donated software is likely to be only a small fraction of the $844 million "fair market value" cited. This inevitably tempers our admiration for Microsoft's ten-figure generosity somewhat.

But there's something else. Microsoft wasn't just handing out a bunch of any old products: it was giving away mostly Windows and Office, judging by a table showing a breakdown by region. Both of these are well-known for the lock-in effects they produce: once you start installing applications and creating documents with them, it's quite hard to move to a completely different platform like Apple or GNU/Linux. Most people don't even try.

So these free copies not only cost Microsoft considerably less than the $844 million figure it used to calculate that near-billion dollar total for its corporate brochure, but it wasn't really altruistic at all. With hundreds of thousands of copies of Windows being distributed (417,030 were supplied for refurbished computers alone), there is a very high probability that Microsoft will be benefiting financially – and not just in terms of goodwill -- from upgrades and follow-on sales for many years to come.

Making copies available at zero or very low prices is something that Microsoft has done time and again whenever there was any danger of customers "defecting" to open source. For example, in 2009, Russia planned to deploy free software throughout its education system. That didn't happen, in part because Microsoft offered to license Windows for $30 a copy (article in Russian.) It's part of the rough and tumble of the highly-competitive software business.

Still, it's a little rich for a company as profitable as Microsoft to try to dress this up as “corporate charitable giving.” It's really nothing of the kind: it's marketing, pure and simple, and Microsoft should be big enough to describe it as such.

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