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

Censorship of Information Unflattering to IBM (or GAFAM)
Years ago we gave a platform to a censored Microsoft whistleblower
Silent Layoffs at Microsoft in 2026
Time will tell is there are investigative journalists out there who will quit parroting Microsoft (e.g. false layoff figures) and relying on LLMs controlled by Microsoft to spew out false "facts" for them
SLAPP Censorship - Part 91 Out of 200: Legal Aid in Support of Freedom of the Press and British Women (Attacked by Americans)
bolstered by prominent counsels
Codecs and Software Patents - Part XII - GNU's Web Site Will Soon Have Many Recent Talks by Chief GNUisance Richard Stallman (RMS)
GNU videos being transcoded or converted into AV1
The Fall of Slop (Even Microsoft Admits There's a Problem)
If Microsoft admits that slop is too expensive and is for "entertainment purposes" because it cannot be relied upon, why would anyone other than the pushers and profiteers still insist that slop bears potential?
 
It's Friday Night Again, So Microsoft is Again Shelving (Under Weekend Lull) Nightmare News for XBox Staff
It did the same thing when the chiefs of XBox got canned
Links 29/05/2026: "Spyware Economy" and Cuba's Energy Crisis
Links for the day
Gemini Links 29/05/2026: Rap Rant and LLMs Criticised
Links for the day
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
[Video] Richard Stallman's Rapperswil (Switzerland) Talk Online
accessible without proprietary software
Trusting Trust is an Old Issue, Predating Rust and LLM Slop by Over Half a Century
Microsoft Lunduke wants to make a case against Rust and slop (LLMs), but the issues he addresses aren't exactly new or unique
California Should Have Abandoned So-called 'Age‑Verification Laws', Not Make Exemptions (for Now)
This has nothing to do with 1) children 2) safety 3) safety of children
Links 29/05/2026: Cory Doctorow on Why the Internet Feels So Broken, American Pope on Defederation
Links for the day
Techrights Does Not Censor Information About IBM, It Platforms and Retains Suppressed Voices From Inside IBM
They don't like it when people criticise the management [...] panic attacks mentioned
Bob (Robert) Cringely Devoted Three Years of His Life Trying to Profit From LLM Slop and Now He Sounds Off, It's Just Not Working and It Can Crash the Economy Soon
"The labs raising money at valuations with too many zeros are happy"
Techrights After About 60,000 Articles in 20 Years
Sites fail if they don't offer anything new or if they wrongly believe that adopting slop to parrot other sites will give them exposure
Organised Plunder or Robbery: GAFAM and Hardware Companies Rely on Media Bribery to Perpetuate False Narratives and to "Drive Sales" (and Drive Prices Upwards)
The price-fixing seems plausible and, if so, we need to demand action
Linux Foundation Destroys the Identity and History of Linux
Groklaw's PJ was thorn on the side of LF sponsors
The Problem of Microsoft Crimes
Opposing crime isn't "hatred"
Red Hat Will Die Inside a Dying IBM
IBM isn't where Red Hat came to thrive but where it came to die
Very Large Strike at the European Patent Office Today, "Production" Sank a Huge Deal
At this pace, we might be looking at tens of thousands fewer European Patents being granted this year
Gemini Links 29/05/2026: Leadership and Religion, the Board Game (Second Edition)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 28, 2026
IRC logs for Thursday, May 28, 2026
Links 28/05/2026: Pakistan and Afghanistan Are Still Fighting, Iranians Back Online
Links for the day
"LLMs Are Not Much More Than Plagiarism Engines"
the impact of LLMs on communities and software projects
Is Slop Profitable Yet? No.
Everything is a giant minus
Bob (Robert) Cringely Has Just Explained That After 3 Years of Hard Work It Became Apparent LLM Slop is Unfit for Purpose in Courts
Added moments ago to Daily Links
Links 28/05/2026: LibreSSL 4.3.2, "Jeff Bezos Is Afraid Of What Comes Next", Measles Making a Comeback
Links for the day
PCs That Are Made to 'Expire' and 'Secure' Boot Contributing to Planned Obsolescence
People who are responsible for this ought to be held accountable
Evil, Faceless Corporation: Google Steals Money From You If You Don't Purchase an Android Device for MFA
At this point, under the guise of "hey hi" (slop) Google is firing tens of thousands of workers
People Go Back to Basics, Abandon Microsoft's GitHub to Avoid Slop
The media didn't pay any attention to GitHub's de facto chief quitting Microsoft only a few months ago
SLAPP Censorship - Part 90 Out of 200: When Efforts to Silence His Spouse and Also the Wife of a Blogger in Another Continent Only Give More Exposure to Embarrassing Information
The Garrett trial ended in October 2025
IBM - Much Like the European Patent Office (EPO) - Gives the President (Head of Board and CEO) All the Money While Staff Drowns in High Inflation Rates
They're discussing the same sort of thing we often see mentioned in the EPO
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026
Links 27/05/2026: TSMC Workers Next to Consider Strikes, Ceasefire Cracking
Links for the day
SLAPP Censorship - Part 89 Out of 200: SRA Admits Malfunction, That's Why Transparency is Paramount
There have been more efforts than we can to count or can enumerate (probably over 100 such efforts) to gag us and to prevent us writing about what has happened
Our Free Software Activist in Connecticut (USA)
We'll soon revisit the latest round of legislation on "age" (surveillance, ID)
Links 27/05/2026: Living Without 'Smartphoones' and "Russia’s Biggest Attack on Ukraine in 18 Months"
Links for the day
Gemini Links 27/05/2026: The USA as an "Experiment" and Some Ubuntu Manuals
Links for the day
[Video] Full Video of Richard Stallman's Talk in Rome
It seems inevitable that the official GNU site will have it
Slop is a Passing Fad, It's About Faking Productivity (Plagiarism, Misinformation, and False Positives)
Slop is a bubble. Some people accept it later than others.
Anderon - Like Kyndryl - Could be Far Deeper in Debt Than Its Alleged Worth (Vapourware)
Time will tell, but it seems like a Federal-enabled (by the Federal Government) accounting scam, nothing more, nothing less
The Media That Keeps Covering "AI" Because the Pushers of It Pay for Spam
23 times in the page they mention "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 26, 2026
IRC logs for Tuesday, May 26, 2026
Codecs and Software Patents - Part XI - The Stance of RMS (Dr. Stallman) Reassured GNU Regarding AV1
cautioned against software patents since the early 90s if not earlier