Bonum Certa Men Certa

More Proof That the Patent System Shot Down Innovation and Shot Self in Foot

"when the patent quality bar is so low, everyone loses"Ever since the aggressive saber-rattling of May 2007, one of our goals here has been to show that patents are not to be dreaded. Many of them deserve to be mocked and their potential impact dismissed. How so? For starters, some of the companies that have a history of patent abuse have themselves asked for a reform. With proper reform, FUD surrounding Linux will most likely just vanish.

Here are some of the latest examples of patent abuse, harassment, and trolling.

From 'Innovation' to Banning of Products



The very latest abuser appears to have painted Sun Microsystems as its victim. NetApp targets ZFS. It strives to shoot down one of Sun's break-and-butter products.

NetApp files suit against Sun over ZFS

[...]

The patents in question include methods and techniques for error correction, software RAID and, according to the NetApp complaint, the method for maintaining consistent states of a file system and for creating user accessible read-only copies of a file system. "We want them to stop developing ZFS, stop distributing [it] and stop doing derivative works with it in particular," Warmenhoven said.


A classic case that has been mentioned here for quite a while is the Broadcom/Qualcomm dispute. There was an embargo. Here is the latest:

Broadcom wins antitrust appeal against Qualcomm

[...]

Broadcom's lawsuit accused Qualcomm of breaking a pledge to the standards board to be fair when licensing patents for technology it owned. That technology has been adopted as an industry standard to promote interoperability among handsets and carriers.


Here is another ludicrous case where Apple, Acer, Dell, Gateway are targeted.

The firm alleges the companies have breached patent 7,009,655B2 - catchily titled "method and system for direct recording of video information onto a disk medium".


Re-innovating the Wheel



How about this sophisticated patent?

The present invention relates to an information system, comprising an input device, a presentation device, a processing unit and a database with an address register for storing address information, such as name, address, telephone and telefax numbers, for legal and/or natural persons, said system providing structured access to said address information.


Sounds like a digital address book. Where is the invention? How about this one from Microsoft?

"Last week, the USPTO published a rather odd Microsoft patent application for Content Ratings and Recommendations, which describes how religious-based communities and other 'subcultures' can use the patent-pending process to prevent their members from viewing undesirable television programs and movies."


"Prior art," says anyone who wasn't born yesterday. Amazon wanted to patent the idea of book recommendation, which is equally sad.

Here's a new one from Google.

Google owes its success to putting advertising into parts of our lives where no one has ever put adverts before. Now a new patent illustrates the extent of its ambitions.


Hope is Not Lost



The only good news is that, later this week, the Congress will vote on the need for a patent system reform.

"We've spent three Congresses on this," said Steve Elmendorf, a lobbyist for the Coalition for Patent Fairness, a group of technology companies, such as Microsoft, Apple Inc. and Cisco Systems Inc., that favor the legislation.


Ironically (or not), Microsoft will stand in the way.

Microsoft Corp.'s success in reversing a $1.52 billion trial loss was the latest in a series of court victories that may undermine its chance for broad changes in U.S. patent law this year.


Groklaw continues its bug squashing effort and it also sets its eye on Microsoft patents that are good candidates for dismissal.

For sure I don't want any patents getting approved that might be used against FOSS someday because I wasn't paying attention. My worry is that because we have been busy elsewhere, the Microsoft patent submission might slide by, get approved by default despite there being prior art we neglected to mention, and then the FUD machine can start up about how it's now a super strong patent that made it through a FOSS community examination.


In relation to OOXML, Matt Aslett said that nobody wins when the standards are low. Let's borrow this nice phrase and say that when the patent quality bar is so low, everyone loses. Science loses. Technology is stalled. Only lawyers win.

Recent Techrights' Posts

Brigading Against Women - Part XXV - No Anonymity for People Who Did Illegal Things
"Empathy is the sunlight to the vampire of culture."
Links 09/10/2026: Stranded Busan Shark Still a 'Circus', Endangered Monkey Rescued, BBC Shells Out Money
Links for the day
The Register MS Sponsored to Hype Up "Datacenters" and "AI" (Bubble, Pyramid Scheme)
"Sponsored by Cisco" with "AI" 26 times in this page
World Mental Health Day is Tomorrow and EPO Staff Talks About What the Job Does to Workers
In recent years we've written a great deal about mental health consideration in relation to work, with a focus on "IT"
You Definitely Do NOT Wish to Live Close to a Datacentre
put aside for a moment the noise, the pollution...
 
Microsoft Abuses PERM and Lays Off Workers in India
The US government has made it easier for Microsoft to hide the mass layoffs
The GAFAM Elections in the United States
If the election is run by platforms that have back doors "baked-in" and if the communications are overseen by GAFAM, you would not have to be a "nutty MAGAt" to dispute the outcome
More GAFAM Layoffs (Late on Friday Night)
They say they are worth trillions, but they don't even make money
Male-Dominated EPO Fails to Have "Concrete Measures to Support Female Staff"
Being a female at the EPO is exceptionally hard
Production Freeze at the European Patent Office (Opposing Monarchy, Institutional Maladministration and Corruption)
Eight reasons to participate
Links 10/10/2026: Microsoft 'Open' 'AI' Silencing Critics, "Data Centres are the New Front Line in the Russia-Ukraine War"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 09, 2026
IRC logs for Friday, October 09, 2026
Gemini Links 10/10/2026: Optimism, Stargazing, "Life Without Smartphone", and Fairphone 4
Links for the day
Gemini Links 09/10/2026: Manifesto, Slop, Geminispace, and "Cryptography of the Internet"
Links for the day
Betanews is Still a Slopfarm, Articles About "Linux" Are Fake and Plagiarism by LLMs
Cheaters and plagiarists aren't journalists; they're people who rip off and harm journalists
James Bottomley Has Promoted Microsoft-Controlled Restricted ('Secure') Boot, His Blog Has Just Been Cracked
Does this meet IBM's and Microsoft's standards for "distinguished" (in security)?
Links 09/10/2026: "Internet Archive to Demo Wayback Machine at Friday’s Uniqlo Street Festival", France Wages Censorship War via DNS
Links for the day
Controlled Opposition
The underlying concept is hardly new
More Stallmans
We need more Stallmans, we don't need to change Stallman
SUEPO Munich (EPO Staff Union in the Main Headquarters) Opposes Monarchy ('Cocaine King' Campinos), Plans Online Meeting Next Week
They may have about 1,000 workers joining in
GNU/Linux Flirts With 20% "Market Share" in North America Overnight
Who should we trust on GNU/Linux? Microsofters on an armchair or Cloudflare Radar?
New Site Makes the Case Against Adoption of Omarchy, But Focuses Almost Entirely on Politics
Let's examine what the page says and what points it focuses on
Brigading Against Women - Part XXIV - Nobody's Name is Unspeakable
Names are not sacred
Microsoft is in Trouble (With the Regime It Sponsored)
It seems like Microsoft paying the existing regime/dictatorship wasn't enough
GGG Pot Calls the Kettle Black
"It means a situation in which somebody accuses someone else of a fault which the accuser shares, and therefore is an example of psychological projection, or hypocrisy. Use of the expression to discredit or deflect a claim of wrongdoing by attacking the originator of the claim for their own similar behaviour (rather than acknowledging the guilt of both) is the tu quoque logical fallacy."
In the United Kingdom, Rising Cost of Hardware Benefits GNU/Linux
GNU/Linux rose from about 4% to almost 6% in one year
Japanese Targets of Cyber Breaches or Insider Threats
Japanese government bureau and major firms experience data breaches
Gemini Links 09/10/2026: Optimism, Stargazing, and Solar MiniServer
Links for the day
The Microsoft Ban Should Go Further (Telecommunications Cybersecurity and Resilience Act Incompatible With Back Doors)
it's not difficult to see where to start
When Americans Export a 'Suicide Mission' to Other Continents
I worry that this culture of debt-taking and overconsumption is being spread from the US to Europe
The Register MS: "AI" Several Times in Same Headline, 31 Times in Page. The Register MS Was Paid to Do This.
The phenomenon is commercial (paid media), not scientific
The Outcome of Microsoft Ban Was Predictable
told you so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 08, 2026
IRC logs for Thursday, October 08, 2026
Gemini Links 08/10/2026: Economical Thrashing, How I Killed the Earth, and Thoughts on Gemini
Links for the day
Links 08/10/2026: Wikimedia Bemoans Chaffbot Slop (Bots Sold as 'Agents') That Sabotage It, ICC's Taliban Warrants
Links for the day
Links 08/10/2026: Slop Scammers (Pushers) Inflate Hosting Bills and "YouTube Testing Everything"
Links for the day
The Register MS Helps Prove the "AI" Frenzy in the Media is Evidence of Compromised Media, Not Legitimate "Revolution"
Ignore the hype and carry on
London Became Synonymous With the Royal Courts of Justice
London used to be a place where we go on holiday/retreat/break; nowadays we have only one destination there
Microsoft Insiders on "Effectively Being Silently Laid Off From Microsoft"
People are laid off by the thousands without the media uttering a word or the companies confirming anything
Brigading Against Women - Part XXIII - Extremism in the Mix and Getting the Police Involved
In 2012 I was getting heckled a lot for opposing back doors in Linux; it has not stopped since
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 07, 2026
IRC logs for Wednesday, October 07, 2026