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

Legal Letters Are Not Postcards
It seems like intimidation, nothing more
European Patent Office (EPO) Strikes Persist, EPO Management Tries to Give False Impression of "Happy Staff"
EPO is trying to broadcast to the world a totally phony image of itself
The End of FOSSPost (fosspost.org), It Has become an LLM Slopfarm Like FOSSLinux
These sites will never get lucky with slop. These experiments always end badly.
 
Links 23/05/2026: Social Media Bans and Demise of Userbase of LLM Chatbots
Links for the day
SLAPP Censorship - Part 85 Out of 200: The United Kingdom's Rating for Press Freedom Has Improved, But We Can Do Even Better
we see the US at #64
Sites Realise That Becoming More Active by Using Bots (LLM Slop) is Self-Destructive
We'll soon (maybe next year) also show that some of the 85+ KG of legal papers sent our way are computer-generated garbage, which might run afoul of some rules
Gemini Links 23/05/2026: Patience, LLM Chatbts Being Bad, and Unexpected Computer Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 22, 2026
IRC logs for Friday, May 22, 2026
Links 22/05/2026: Ebola Crisis and Samsung Averts a Walkout With Big Bonuses
Links for the day
Links 22/05/2026: Inflation Fears and Thailand Tightens Visa Rules for Tourists From Dozens of Nations
Links for the day
EPO Staff Representation Speaks of This Week's Discussion With the EPO's Budget and Finance Committee (BFC) Amid Mass Strikes
The Central Staff Committee's outline (prepared in a rush) or the "flash report"
SLAPP Censorship - Part 84 Out of 200: New Legislation Against SLAPPs on the Way (After We Reached Out to Ministers)
They dealt with the matter individually too, but we won't share this in public, at least not at this time
The Corrupt Lecture the Non-Corrupt - Part XXX - Where Was "The Ethics and Compliance Team" When the Family of EPO President Campinos Was Caught Doing Cocaine?
It remains to be seen if national delegates will tolerate this in future meetings
Gemini Links 22/05/2026: Esperanto Music History, Suspicious Adoption of Signal, and Unauthorised LLM Slop in Code
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 21, 2026
IRC logs for Thursday, May 21, 2026
Links 21/05/2026: "Declining America" and Why Slop 'Code' is Made to Fail
Links for the day
Techrights and Tux Machines Subjected to Cyberattacks for Several Weeks
In the past I spoke to the cybercrime unit of British Police. Maybe it's time to do so again.
The Register MS Has Become a 'Content' Farm Promoting Slop for Hostile Corporations
Now they call it "PARTNER CONTENT" - not "SPONSORED" - as if semantics make the difference
Latest Example of Widespread Fake Assertions (False News) About "Hey Hi"
The false narrative of "Hey Hi layoffs"
Links 21/05/2026: Facebook Rewarded With Tax Breaks to Destroy the Environment and Cause Global Warming, Shortages, Pollution; SpaceX (SPCX) Continues Losing Billions of Dollars
Links for the day
Codecs and Software Patents - Part VIII - GNU Audio/Video Team Has Chosen the AV1 Video Codec and It Explains Why (They've Researched Their Options)
AV1 video codec will be used to encode and share GNU videos online
Dr. Stallman Helps Establish Free Software Advocacy Outside the Free Software Foundation (FSF) as Well
The ideals or principles of Free Software needn't be centralised or monopolised; they can be federated
22 Years of Tux Machines and a Community Stronger Than Ever Before
We've already received some feedback from the community and improved it accordingly
Microsoft Under Investigation for Breaches of Law in the UK
Just like the Microsofters
More Microsoft Layoffs on the Way (June and July 2026)
with or without PIPs
LWN Sponsored by the Linux Foundation (Monopolies)
We must be able to casually point this out
The Corrupt Lecture the Non-Corrupt - Part XXIX - European Patent Office (EPO) Tells Staff "Speaking up" is Good, But Not When the "Brother-in-law" of EPO's President Does Cocaine
Do we still have a functioning democracy and potent press?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 20, 2026
IRC logs for Wednesday, May 20, 2026
Gemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories
Links for the dayGemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories