Bonum Certa Men Certa

Patents Roundup. Microsoft is Faking it Again

For those who are curious enough to keep track of the broken USPTO, here is a quick summary.

Unnecessary, Unproductive Litigation



According to this article from the New York Times, we might -- just might -- see business method patents come to an end.

The death of business method patents could be felt strongest in Silicon Valley, where a first step of many entrepreneurs is to retreat with lawyers to start patenting defensible business ideas. It could also affect patent acquisition firms such as Intellectual Ventures, a firm funded by major technology companies such Microsoft, Google, Intel, Apple and Nokia, that is aggressively accumulating patent portfolios.


More about this in [1, 2, 3, 4, 5, 6, 7]. Business methods could start an avalanche.

The Qualcomm-Nokia ping-pong game is far from over.

Nokia is celebrating the fact that Qualcomm has, to date, failed to win a single case concerning GSM patents. "This is the second court to conclude that Qualcomm does not have relevant and valid GSM patents," commented Nokia's chief financial officer Rick Simonson. The US International Trade Commission (ITC) has already declared one of three Qualcomm patents to be invalid and rejected an appeal. Both actions concerned similar patents from the same family, as confirmed by Nokia.


Another bad idea in the making:

Starhome, which provides roaming services and converged solutions, has revealed that it has been granted a patent in the US (No. 7 333 808) for it’s Intelligent Border Roaming technology. The patent is based on Starhome’s service node architecture for controlling and steering border roaming, which prevents home network subscribers from inadvertently registering to cross-border foreign networks with strong coverage.


From Digital Majority



Digital Majority had some good picks, including:

1. Wanted: Prior Art to Bust Firepond/Polaris Patent

To bust this overly broad patent, we need to find prior art that describes a product made before 1997 in this way. Take a look at the description and please forward it to anyone you know who might have special knowledge related to natural language processing. Prior Art can be submitted here.


2. Jim Bessen on “Patent Failure”

Bessen’s presentation is titled “Patent Failure”. Bessen analyzes a broad range of evidence on the economic performance of the patent system. He finds that patents provide strong incentives for firms in a few industries, but for most firms today, patents actually discourage innovation because they fail to perform as well-defined property rights. This analysis provides a guide to policy reform.


3. How TiVo won

And now, at last, there seems to be a path to profitability. A successful courtroom defense of its software patents laid the groundwork for what many analysts believe to be a coming period of exponential growth. In January, a federal appeals court upheld that digital recorders distributed by The Dish Network (owned by EchoStar (SATS)) infringed on several Tivo patents, including one that allows viewers to simultaneously view one show while watching another.


Another good reason to promote GPLv3?

Microsoft is Faking "Open Source"



This is perhaps a little off topic, but consider the warnings we saw in the past about Microsoft hijacking and then redefining open source. This continues to become a reality.

I'm totally tortured with agonizing over Microsoft's Singularity. See, I have a standing moral obligation with myself as follows: If Microsoft ever released a purely Open-Source or Free Software system - as defined by the Free Software Foundation, the Open Source Initiative, or common conventional wisdom - I have said (and will repeat here) that I would download it, try it out, review it, and possibly adopt it, to be treated no different from software from, for example, Red Hat Inc. or BSD.

But I'm poring over the license, and this seems like it doesn't qualify. It seems to be proprietary with the extra feature of being able to see the source, and modify and redistribute it only in the interests of academic research, with the stipulation that:

* It allows no "activity which purpose is to procure a commercial gain to you or others." Does blogging about it on a website with ads count? Does publishing an ebook hacking guide count? * "That Microsoft is granted back, a non-exclusive, irrevocable, royalty-free, and sub-licensable license to, for any purpose, reproduce, publicly perform or display, install, use, modify, distribute, make and have made, sell and transfer modifications to and/or derivative works of the Software source code or data that you provide to Microsoft through the CodePlex tool or otherwise make directly available to Microsoft."

[...]

Seriously, it could just be the case that Microsoft really wants to do the right thing, but has no idea how to go about it. But common sense is telling me that that's a thin defense. Microsoft has two licenses approved by the OSI (MS-Pl) and (MS-Rl); and it only takes a minute to research the Free Software Foundation's philosophy.

Microsoft knows damned good and well what an open source license looks like. And I guess I can't kid myself about that fact, as hard as I would like to.


"Open source" becomes more diluted than ever, thanks to Microsoft which benefits from this dilution.

Recent Techrights' Posts

Not Hard to Guess Who Will Pay for IBM's Collapse (Due to False Statements Made to Shareholders), Red Hat May Disappear
IBM's leadership is never being punished for its failures
 
Alexandre Oliva on Slippery Slop (LLMs)
By Alexandre Oliva
RMS Won the Argument and Now GNU Wins Over Computer Users
He can look back at nearly 43 years of GNU and say, "I was right..."
statCounter Corrects GNU/Linux Estimates, Now Measured at 9% Worldwide
Windows has sunk like a rock
GNU/Linux-Centric Blogs Belatedly Pick Up News About GNU/Linux Gains: 4-8% Depending on the Surveyor
more people will get curious and give it a go
Links 03/08/2026: Strike By Flight Attendants (WestJet) and Greedflation
Links for the day
Links 03/08/2026: EU Curtailed Slop, Frank Zappa Recalled
Links for the day
Daniel Pocock on Sky News This Morning
No harm done
Morten Linderud Has Helped Microsoft Put Locks (and Kill Switches) on the PCs of Arch Linux Users
"the first rule of "secure boot" is to disable "secure boot"
In Poor Peru, GNU/Linux Surges From 1% to 5% in a Few Years
Windows is dying
All Social Control Media is a Weapon (Against Its Users, Serving the Real Owners)
That social control networks are weaponised isn't a new concept
Fanning the Flames of Journalism
This week we have several surprises coming
Forcing the Slop Bubble to Implode Fully to Save the Economy From an Even Greater Collapse and Societal Harm
Let's blow up the bubble. The sooner, the better
GNU/Linux at 8% in Croatia
somewhat of a GNU/Linux adoption hotbed
It's Easy to Predict Microsoft Layoffs for October 2026 Because of the Financial 'Results' That Month (More Faking, More Secret Debt and Buzzwords to Perfume This Debt as "Investment")
From what we've read, Microsoft is silently laying off people this month based on LITE, which leads to PIPs
Many Anniversaries
Many anniversaries in quick succession
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 02, 2026
IRC logs for Sunday, August 02, 2026
Gemini Links 03/08/2026: Collectibles, Cities of the Red Night, and Lali Lambda
Links for the day
IBM's August 2026 Promotions (Annual Ritual) Can Turn Into a "Bloodbath" (RAs, Layoffs)
IBM Common Stock is set to open in the red (minus) on Monday
Microsoft Culture Explained by People Who Work at Microsoft
"Be ready for politicking and working over time and weekends."
Codes of Conduct Attract Hoarders and Sociopaths, They Are Intolerant Towards Good People
Codes of Conduct (CoCs) are also promoted using violence
XBox is in Trouble, Sunday News Shows How Serious a Problem It Now Faces
it seems impossible to resuscitate at this point
statCounter Observes GNU/Linux at 10% in Libya
this month statCounter finally sees GNU/Linux approaching "double-figures" there
Thailand: GNU/Linux Approaching 15%, Windows in a Freefall
It makes perfect sense for Thailand to adopt GNU/Linux for technical reasons, not just political reasons
GNU/Linux in Bulgaria Back Up
part of a trend in Europe
Cuba Sees Leap in GNU/Linux Usage, as Reported by statCounter
For the ordinary Cuban it makes sense to reduce a dependence on GAFAM
Gemini Links 02/08/2026: Drift, Crawlers in Gopher Space, Purpose, and Python
Links for the day
Links 02/08/2026: Some Large Slop Investors "Crumbling", Russia Intensifies Bombing of Kiev
Links for the day
IBMers Discuss Who Killed IBM (It Impacts Red Hat)
Fedora is fast becoming like another CentOS
GNU/Linux Rises to 6% in Mexico
Did the soccer (football) matches have some impact or just the "unknowns" being deciphered (or omitted) by statCounter?
GNU/Linux Leaps to 8% in Asia
In Asia, is it a bit higher because of GAFAM distrust? Maybe some other factor/s?
Clownflare Web Usage Survey: About 10% in North America Use GNU/Linux, Worldwide 6.7%
surveyors that showed GNU/Linux growth
SLAPP Censorship - Part 137 Out of 200: Discovering That Spending a Million British Pounds (1,348,250.01 United States Dollars) on Lawyers Cannot Take Down One's Critics
just outright bullying and criminality
Steam Survey, analytics.usa.gov, and statCounter All Point to GNU/Linux Gains (Again)
This must be very annoying to Microsoft
GNU/Linux Exceeds 6% in Spain
In recent years the "market share" steadily grew from 3% to over 6%
Brazil: GNU/Linux Record High, 5%
On average, GNU/Linux has evidence of growth in many countries this summer
Amid 2026 Bing Layoffs Microsoft Share in Search Collapses
How much longer before Microsoft throws in the towel or rebrands again?
United Kingdom: GNU/Linux up to 7%, ChromeOS Another 5% (Total 12%)
further significant gains for GNU/Linux this month
Links 02/08/2026: Cheeto "Blurted Out Vile Plot to Censor ABC"; New York Times Fights 'Intimidation'
Links for the day
Why Techrights Will Still be Active a Decade From Now
Techrights will carry on for many years to come
We Are Witnessing the End of IBM
IBM cannot find growth by moving downwards, by lowering standards
The Slop Presumption Rule
Tainting oneself can take one day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 01, 2026
IRC logs for Saturday, August 01, 2026
Gemini Links 02/08/2026: Older Books, Esperanto Music History, and Slop Making Things Worse
Links for the day
Sharing and Empathy
Be more like Stallman, not Linus
August 2026 Microsoft Layoffs Are "Secret Layoffs" or "Silent Layoffs"
It's all about secrecy, isn't it?
Fedora 'Community' Became 100% IBM Staff, Drawing Up Policies Like CoC and CoI (Where the IBM is Excepted From Conflict of Interest Policies)
IBM has in effect killed Fedora
Gemini Links 01/08/2026: Planner Season is Upon Us, Slop "Apocalypse", and USENET
Links for the day
Cuts at IBM, Allegedly More Shutdowns to Come, CEO Visits Complicit Media to Promote Lies and Products That Will Never Exist (Misleading Shareholders)
IBM is collapsing
Links 01/08/2026: GAFAM Falling Deep Into Trillion in (Secret) Debt to Keep the Slop Bubble From Popping Already, Anger Over "FIFA’s World Cup Privatisation Plan"
Links for the day
Newer Not Better: Treadmill Updates Cause Problems
after 2 years the un-updated machines still fine
The Cyber Show on the Slop Bubble
new article about the implosion of the slop bubble
Links 01/08/2026: New York Times Trying to Inflate the Slop Pyramid Scheme (at Cost to Its Own Reputation) and "Iran Appears to Be Blasting Amazon Data Centers Off the Map"
Links for the day
Positive Political Momentum
Daniel Pocock is taken seriously by many people who contact us privately
Google "AI" is Plagiarism, the Case of Richard Stallman (RMS)
Why would anyone choose LLM slop over the originals, curated and fact-checked by domain experts?
SLAPP Censorship - Part 136 Out of 200: Lawyers That Get Paid to Mess About
They were already outnumbered and understaffed
Explaining That Software Patents Are Neither Legal Nor Desirable
Many of our readers work in the legal sector
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 31, 2026
IRC logs for Friday, July 31, 2026
Gemini Links 01/08/2026: Retirement, Bike Trips, Quake Stuff, Usenet Reborn
Links for the day