Bonum Certa Men Certa

The Passionate Fight Against Software Patents Continues

This post contains a collection of news items which provide insight into the latest on this topic.

Bilski and Software Patents



We mentioned Bilski the other day and soon afterwards we saw Red Hat's response to it. There are several other interpretations and the following article, "software patents could be killed off for good", is probably worth pointing out.

TWO ADVOCACY ORGANISATIONS, the End Software Patents (ESP) and the Free Software Foundation (FSF), have filed an amicus curiae brief with the Court of Appeals for the Federal Circuit's (CAFC) rehearing of the In re Bilski case, set to be heard on May 8, 2008. This rehearing could have significant implications and mean the death of software patents.


As you can see, the ESP is involved. In fact, it has just put up this press release in its Web site and so has The Free Software Foundation. The ESP is backed by many large companies, so it can hopefully lend a muscle to this fight. Groklaw wrote an article about Red Hat's involvement and it's very law-savvy.

I thought you might like to understand what is going on, as best as I can explain it. Here's the ACLU brief [PDF]. Red Hat's announcement indicates that it is asking the United States Court of Appeals for the Federal Circuit to consider something dear to your hearts, whether or not, or to what degree, patents should be allowed on software, and its brief explains to the court the damage that software patents are doing to Open Source software.


For those wishing to explore this further, the articles above ought to help a little.

Patenting Objects



In the face of desperation over the state of the patent system, Béranger wrote this good item. It truly makes it all seem rather outrageous.

The plastic bowl and the patent attorney



[...]

It means that you shouldn't be worried only about the possible patents infringed by the (open-source or not) software you're using, but you should also be paranoid about whether some object you're merely using (and you have paid for it!), such as your laptop or a plastic bowl or whatever else (a simple cardboard package as the ones used by Amazon.com is covered by 7 or 9 patents, don't ask me what for!) is not infringing a patent.

Maybe it's time to stop suing companies for alleged patent infringements in the software they use, and we should tell the lawyers that they could sue instead for the pegs, chairs, tables, office stationery, door knobs, lavatories and wash basins the company is using without verifying whether the manufacturer is not (even unknowingly) infringing a patent. They're still valid patents for almost anything nowadays, especially in the United States.


The Lobbyist Epidemic



As we have repeatedly stressed here, formation of the law boils down to politics and wealth, not science. The rules are typically made by those who can afford to make changes without contradicting the constitution (or by stepping just around it, sometimes making amendments).

Watch Microsoft doing its thing.

Microsoft Corp. spent $9 million in 2007 to lobby for immigration and patent reforms, tax credits and cybersecurity among numerous other matters.

The software company spent $4.2 million in the second half of 2007 to lobby the federal government, according to a disclosure form posted online Feb. 13 by the Senate's public records office. It lobbied on government purchases of software, including electronic health products, cybersecurity for critical infrastructures, high-speed Internet issues, online advertising and free trade agreements.


For further information about Microsoft's attitude towards software patents, see these recent takeaways from Brad Smith's presentation at OSBC 2008. There are other reports about lobbying, which has become an industry worth billions of dollars.

John W. Thompson, chairman and CEO of Symantec, used part of his keynote address Tuesday at RSA 2008 to announce the merger of the Cyber Security Industry Alliance and the Information Technology Association of America.


Again, it's worth stressing that Red Hat just recently announced that it would fight software patents. But what are its chances against several multi-billion-dollar companies that almost literally sponsor congress members (affecting not just in the US)? Can David defeat Goliath? How about several Goliaths working synchronously? ⬆

Recent Techrights' Posts

The Microsoft Ban Should Go Further (Telecommunications Cybersecurity and Resilience Act Incompatible With Back Doors)
it's not difficult to see where to start
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
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
 
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
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
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
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
Microsoft's XBox CEO Asha Sharma Tells Staff That Many Thousands of Layoffs Are in Fact "Return to Growth"
Get it? Layoffs are "growth".
Gemini Links 07/10/2026: On Feeling Guilty Leaving the US, Multinet, and Limiting Net Usage
Links for the day
The Cyber Show Explains the Concept of "Data Rape"
a metaphor some might find crude
FREE BEER is Still Online, But Barely Active
25 years ago or even 20 years ago many spoke of open/free beer (or "COLA")
Syria: GNU/Linux Has Surged to 8% "Market Share"
I don't have a convincing explanation for this
IBM Dimming Down the Lights on IBM Consulting, No Knowledge or Experience Required
They just "ride" the (old) brand, that's all
Statement on American SLAPP
Crossposted from schestowitz.com
Today The Register MS Published "SPONSORED FEATURE" and "SPONSORED POST" With "AI" 31 Times in Them
This isn't a "Reality" or "Era of AI", it's a paid-for spam campaign
Gemini Links 07/10/2026: Nostalgia, Neutral Map, and Shorthanding
Links for the day
Links 07/10/2026: Unrest in France and Rumours of Plague in Russia
Links for the day
Brigading Against Women - Part XXII - The Lozza Problem (in Length)
Garrett's case was a waste of the Court's money
JavaScript in Richard Stallman's Web Site
For search he is using CGI, not JavaScript
EPO's Local Staff Committee The Hague (LSCTH) Plans Presentation Next Week (Coinciding With Apparent Coronation of 'Cocaine King' Campinos)
They've outsourced this session to the dictator's spying eye
The GNOME Foundation's Code of Conduct Has Been Misused to Hide Corruption
People who value free speech and freedom of expression won't touch social control media with a 10-foot bargepole
Voting for Freedom of the Press
American elections happen every 4 years
What Brett Wilson LLP and Matt Garrett Don't Want People to See/Read
Book-burning is counterproductive
Book-Burning Mindset Does Not Work
It makes the suppressed voices more widely known
Microsoft's XBox in 'Freefall'
XBox is practically finished
Slop is Plagiarism
Plagiarism is not "theft" and copyright infringement is not "piracy"
IBM is Almost Defunct
IBM is doomed. It just tries to test how much more patience the shareholders have.
Criminalisation of Journalism
"Journalist Derya Okatan arrested in Turkey for allegedly possessing classified material"
Brigading Against Women - Part XXI - Hiding Behind the Veil of "Privacy" After Telling Nazi Things in IRC Channels of Techrights and Physically Threatening People
To merely explain an abuse (or crime) requires naming people; that's a fundamental tenet of reporting
Links 07/10/2026: Quitting Smartphone and "Meta's Muse Is Spying on All Your Friends and Family"
Links for the day
Gemini Links 07/10/2026: Greed, In Praise of Zotero, and The de-Google Path
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 06, 2026
IRC logs for Tuesday, October 06, 2026