Creator of Linux virtual assistant blames 'patent troll' for project's death
theregister.com
theregister.com
Voice Tech's patents, according to their abstract, involve "receiving audio data from [a] mobile device at the computer. The audio data is decoded into a command. A software program that the command was provided for is determined. At least one process is executed at the computer in response to the command. Output data is generated at the computer in response to executing at least one process at the computer. The output data is transmitted to the mobile device."
https://www.theregister.com/2020/02/12/mycroft_patent_troll/
All software patents are hardware patents since the program runs on the computer.
That's the loophole that the EPO has been using to allow software patents to be granted anyway, despite their exclusion in the law.
After the failed attempt to codify their practice in law in 2005, the large companies and the patent industry decided to install their own court, the Unified Patent Court, which might go live next 1st March.
They broke the rule of law as they needed the signature of the UK, with the blessing of the European Commission Thierry Breton, the guy who was ex-CEO of Technicolor, who made a fortune with MP3 patents.
Seems like a very very real reason to be horrified by software patents.
In my opinion, this is like patenting putting a blue Lego brick on a red brick because nobody bothered to write down or patent that particular combination before. There's no core novelty here, and obviously Mycroft was not stealing profits from Voice Tech Corp.
We can find other ways to finance "innovation".
For small companies patents are basically worthless, a big company can just play legal ropeadope until they run out of money.
For a startup, however, patents can still have value in at least the following ways:
1. Patents on improvements may discourage larger competitors from suing the startup for infringing the competitors' patents, because the startup may counter-claim infringement of its improvement patents.
2. A potential acquirer may want to acquire the company for its patents. The acquirer may be an established competitor who does have the resources to assert the patents against other competitors, either offensively or defensively.
3. Patents may encourage investors who see patents as residual assets that would be liquidated if the company fails.
Without patents pharmaceutical industry would be nearly impossible, i.e. it's very hard to come up with a compound but very easy to synthesize it as soon as it's known.
Long story short, there are enough sick people to provide medicine to and have a profitable business through a high volume of care, and governments are much better at providing long term financial stability than private corporations to burden the necessarily regulatory costs.
https://www.ftc.gov/news-events/topics/competition-enforceme...
https://www.justice.gov/opa/pr/pharmaceutical-companies-pay-...
https://www.justice.gov/usao-edpa/pr/three-generic-pharmaceu...
Take FDM 3D printers for example. Stratasys figured out and patented the first one almost 35 years ago and then proceeded to do fuck all with it, selling mediocre garbage for sky high prices. After it expired in 2009 3D printing rapidly became a whole industry with dirt cheap hardware, enabling millions to make things never before thought possible. We could've reached that point in the early 90s if it weren't for patents.
Sure one might say, it also forces the patentee to disclose the inns and outs of the invention, but frankly those patent descriptions are often as bare bones as possible and you'd get there reverse engineering any product far sooner than 20 years.
Anyway it's likely I misunderstood something there since again I know nothing. But after hearing that, I considered that while software patents are obviously bad, maybe they make some sense in other industries.
https://cepr.net/we-can-develop-new-drugs-without-patent-mon...
> While drug companies do operate to make a profit, the part of the story that Nisen misses is that the profit does not have to be gained through patent monopolies. Suppose that the U.S. and other governments put up research funding, which private corporations like Gilead could bid on based on their expertise and track record. In this case, a condition of the research is that all patents would be in the public domain (the companies were already paid for their work) and all results would be fully public as soon as practical.
The above comes from Dean Baker, who seems to be confident and credentialed.
They don't know a world without such patents and they don't know the people and companies who would do research in such a world.
That's a claim like nobody would be a fire fighter if it wasn't a paid job. Guess how reality is really like.
What about all the underpaid people in healthcare? By that mindset those people wouldn't exits.
Why do people comment about the way society works when clearly agency is monopolized to focus on fiat wealth targets, not real work of value.
Of course patents also create monopolies and because no one wants to go backwards, monopolies never get challenged or challenged with little consequence so you can hold many country's and their population hostage quite legally.
Excellent point, and it's the same with some proposed AI Laws.
There is next to zero proper due diligence done for a patent to be awarded and there is no consequence to the office for issuing invalid patents. Just significantly raising examination fees, getting the patent office on the hook for issuance of invalid patents and fining companies filling for frivolous patents would solve most if not all of the current issues.
I leave investigating why it's not done as an exercise to the reader.
It's incredibly generic; it basically just describes the computer from Star Trek: "computer, where is captain Picard?" There's a little bit more to it, but not much. There's also a number of very similar patents in the Patent Citations section with only superficial differences, so it's not even the first patent on this.
Nothing was innovated here beyond the obvious; this patent shouldn't have been approved. The idea is that either 1) investments are protected by granting exclusive rights for a limited period, and 2) the public benefits by making the innovation public so they can benefit after the exclusive rights expire. But neither is the case here: there was no innovation here beyond writing the patent, and the public doesn't benefit because it's a generic high-level description like we've seen in science fiction for many decades.
Whether patents are even a good or bad thing in the first place doesn't even come in to play.
https://www.pcmag.com/news/white-house-plan-cracks-down-on-p...
ChatGPT and the other GPT variants can already parse natural language requests much better than the incumbent systems can (for now). My Alexa device seems incapable of understanding that I have a "bedroom" area defined in Philips Hue, yet clearly knows individual lamp names.
it's incredibly important for us to have maintainable open alternatives to the proprietary hellscape I see even when trying to purchase the most mundane devices.
some markets lacking open alternatives now:
security cameras
smart speakers
CPAPs
working OSS phones
wireless routers (shipped with open firmware)
automotive diagnostic/programming software
smart TVs
smart scales
air tags
smart thermostats
personal weather stations
Open API with documentation?
Open Source Firmware that can be deployed and updated by the user.
Open Source hardware specification (think RISC V)
Does this device produce data in an open format or standard?
Does the device send data to the manufacturer or third parties?
Does this device depend on cloud infrastructure the end user cannot control or replace with their own?
Does this device require you to install a mobile app to configure or manage it?
Can the device be repaired or upgraded?
What is the typical support lifetime by the manufacturer for software updates?
What is the MTBF?
Does the device have a secure supply chain?
Are cad files available to support modding and repair?
> automotive diagnostic/programming software
The regulatory evidence you need to submit, the standards you need to comply with and the quality control you need throughout the whole manufacturing process makes it near impossible to deliver community driven open-source medical devices unless it's a 'wellness' (not medical device) or maybe class I medical device.
You could argue that Manufacturers could design open hardware and let people modify code at will on their custom CPAP but it would be very difficult to navigate legal liability. If someone modifies their custom CPAP and makes a firmware change that drastically increases pressure and a patient suffers barotrauma who is liable?
The same can be said for safety critical firmware in automotive (excluding infotainment etc.). Diagnostics/Logging sure have at it, but actual firmware changes I would prefer that we let manufacturers do that. A 4 tonne vehicle at 100 Km/h can hurt a lot more people than just a tinkering driver.
Some who are spared from that phenomenon of eavesdropping have followed that path.
Still sketchy, just less mysterious.
But it could just be a coincidence of course
Sure, but did your friend google those things at any point (before or after your conversation)? Do you ever connect to the same wifi access points? Are your phones ever in physical proximity?
Almost certainly your answer would be "yes" to most of those questions, which also explains how you get the suggestions about things you "only talked about" with your friend.
I agree that this is not a coincidence, but the explanation is rather simple, really. If there is a user A who googles topic X, and there is another user B who appears to be their "social link" (via device proximity, occasionally utilizing same wifi access points, sending emails to each other, etc), it makes sense to suggest topic X to user B.
My point being, that if you have a large enough data set then you can find all kinds of coincidences within that set. I.e., I'm sure you've heard of the comparisons between Lincoln and Kennedy (i.e., Lincoln was killed in the Ford theater, and Kennedy was killed in a Ford). This is also known as the Texas Sharpshooter's Fallacy.
I've read the other good responses to what you've said, but nobody said this:
it is very easy to become part of a trend or fad without realizing it. Like you could have an avocado toast at your local cafe and fall in love with avocado toasts without realizing that the cafe is already part of a national avocado toast trend. So you only talked about that avocado toast with one friend on your weekly wilderness hike, yet somehow google suggested you might like avocado toast.
mentioning it because in this case there is no direct link, but it isn't coincidence either. So many things I've fallen in love with and taken up turned out to take off in a trend, but I didn't cause the trend nor notice that's how I heard about it.
We were even speaking in a mixture of english and $language, and it still figured stuff out.
Unfortunately i cant get my friends and family to adopt a more privacy friendly platform.
https://web.archive.org/web/20200807211354/https://mycroft.a...
https://web.archive.org/web/20200516014621/https://mycroft.a...
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[Edit] Ok you've edited so my reply no longer makes sense, but one case or two there would be legal costs to mycroft regardless.
1. Patent troll entity filed a suit in east Texas, c. February 2020 (https://web.archive.org/web/20200410225148/https://mycroft.a...).
2. Same patent troll entity dropped the first suit, also c. February 2020 (https://web.archive.org/web/20200305135828/https://mycroft.a...).
3. Same patent troll entity filed a second suit in Kansas City on February 18, 2020 (https://www.bizjournals.com/kansascity/news/2020/03/30/mycro...) (https://web.archive.org/web/20200807211354/https://mycroft.a...) (https://web.archive.org/web/20200516014621/https://mycroft.a...).
This second suit seems to have substantially cost Mycroft.
[0] Tumey L.L.P. et al v. Mycroft AI Inc. et al Case No. 4:21-cv-00113 (W.D. Mo.) Complaint https://fingfx.thomsonreuters.com/gfx/legaldocs/egpbkqlzqvq/...
[1] Id. at 13.
I'm sure there's some prior art to be found here, but the lawyer fees are still going to be a lot to fight it. Sounds like that's what doomed them.
Having said that, I'm a little confused by the outcome here. What I really want is a pre-built piece of hardware that runs the Mycroft open source project, so I don't have to go figure out which speaker and microphone array works with whatever Raspberry Pi clone I can actually find in stock at the moment. I would be a little disappointed if there were no longer an entity working on the software itself, but honestly all I ever use this type of device for is 1) setting timers 2) checking the weather 3) playing music, so assuming those things work reasonably okay with the current software, I'm not really in need of further innovation here.
Back to the hardware - what am I missing? Can I buy this? The Mark I seems to no longer be manufactured and the Mark II is what seems to have now become vaporware because of this litigation. I understand it might not be a loss leader like a Google Nest Home Assistant Hub Device (I've given up on actually understanding Google's naming anymore), but it really shouldn't be that expensive for a "dumb" smart speaker. Does anyone make this? I'd prefer no proprietary hardware, but I'd accept a somewhat-closed piece of hardware if it could run software of my choosing.
"Which brings us to the present day. We will still be shipping all orders that are made through the Mycroft website, because these sales directly cover the costs of producing and shipping the products. However we do not have the funds to continue fulfilling rewards from this crowdfunding campaign, or to even continue meaningful operations."[1]
1.https://www.kickstarter.com/projects/aiforeveryone/mycroft-m...
Too many open source projects deal with this sort of thing in secret until it is too late.
We really need an open source project patent troll defense fund that reigns millions in legal hell down on the first to try to hit any company protected under it including counter-suing for damages until it sinks them. Also hire private investigators to find the real names and backgrounds of every asshole on the other side of the suit, and anyone who supports them. Make everything public to the furthest extent of the law and socially bankrupt them all.
We need public scorched earth to send a message anyone else that tries to hit any other protected projects.
> A method of using voice commands from a mobile device to remotely access and control a computer. The method includes receiving audio data from the mobile device at the computer. The audio data is decoded into a command. A software program that the command was provided for is determined. At least one process is executed at the computer in response to the command. Output data is generated at the computer in response to executing at least one process at the computer. The output data is transmitted to the mobile device.
How can a patent like this pass? This is absolutely ridiculous. Patents relating to CS are utterly broken, people need to demand the government to step in since it is impossible for small players to fight them, hence it stifles innovation.
0. https://www.theregister.com/2020/02/12/mycroft_patent_troll/
Some of this cost includes defending against the lawsuit alleging that Mycroft and its principals initiated or called for a campaign of cyber attacks and harassment against the lawyer for the patentee and his family. [0]
[0] See, e.g., Tumey L.L.P. et al v. Mycroft AI Inc. et al Case No. 4:21-cv-00113 (W.D. Mo.) https://fingfx.thomsonreuters.com/gfx/legaldocs/egpbkqlzqvq/...
https://github.com/MycroftAI/mimic3
Mike seems to have kept the effort going with his larynx2 project. I was thrilled at the results their model produced so I hope to see more from it.
Eventually it would've been steamrolled by a GPT based assistant anyway.
A physical button for input is what I'm thinking as a side project, I like that much more than always-on listening. There are also lots of much less heavy weight voice to text which could do streaming listening waiting for a key phrase which when found could start recording and send the output up to the better model. I don't know what they are, but I know they exist.