Bonum Certa Men Certa

Software Patents Again and Trolls on the Offensive

Assorted news on a new breed of trolls (software patents)

An issue close to our hearts is the nature of software patents, particularly their impact on Free software and relentless attempts to force the world as a whole (not just a handful of nations) to adopt, accept and and recognise them. So here is a roundup of news and picks.

Free Software Icons Comment on Software Patent



This new column piece from Jeremy Allison was aired by ZDNet and also appeared in Tux Deluxe. He uses an astronomical exploration analogy to explain why software patents are a bad, bad idea.

What innovations are we stifling right now with patents that lock out the scientists, amateur and professional, from research ? What new software can't be created due to these restrictions. We may never know what we didn't discover or create due to their chilling effects.

It's like people claiming ownership on particular areas of the sky, and just as absurd. “You can't look at that star, it's mine, I patented looking there. Here's a coin-operated telescope if you want to peek”. Good luck making scientific progress in astronomy with these restrictions.


Unless you are a lawyer or an economist, it's unlikely to that this is beneficial to you. Glyn Moody published his exchange on this issue with Mark Shuttleworth. It touches on software patents.

As for patents in software, I think society does a very bad deal when it gives someone a monopoly in exchange for nothing. The traditional patent deal was you gave someone a monopoly in exchange for disclosure of a trade secret. You can't really have trade secrets in software.

Of course, the entrenched interests like to frame this as "patents are all about innovation", when they really aren't. There's very strong, academic, peer-reviewed research that suggests that patents stifle the pace of change and innovation.

[...]

The real insight with patents is that what society is buying with that monopoly is disclosure. And so the real benefit to society is accelerated disclosure of new ideas - not convincing people to invest. People have ideas all the time. You can't stop the human mind from innovating. People do research and development to win customers, that's what it's really about. It's not to file patents. So the entrenched patent holders really aren't doing much of a service to society when they articulate their position in very flawed terms.


Watch what he then says about GNOME:

With regard to GNOME and Microsoft, I'm not concerned. My view is that to win, you have to have your own vision. You have to have a very clear idea of what you can deliver that's unique. You can't go around sort of chasing someone else's coat tails. So while I respect the people in the free software community who invest a lot of time in making compatible implementations of other people's technology, I don't think that's the real recipe for success for free software. We have to give people a reason to use our platform for itself, not because it's a cheap version of someone else's.


Let's emphasise this again: "We have to give people a reason to use our platform for itself, not because it's a cheap version of someone else's." Mono developers, are you listening? So while Mark is not overly concerned about legal aspects of this, the technical perspective is one to bear in mind as well. We showed this before.

"Efficient Data Processing" Patent



Another day, another patent lawsuits.

Hewlett-Packard does not agree with a jury's decision last week to pay damages to Cornell University for infringing on a patent, but the company declined to say Thursday if it will appeal the case.

HP was ordered to pay Cornell damages of US$184 million in the case involving a patent that boosts computer speed by enabling more efficient data processing.


Community Patent



A tireless push for the problematic Community patent [1, 2, 3] seems to continue, according to this new document [PDF]. Digital Majority identifies fragments of interest in the following article.

Funnily enough, national patent offices look like being one of the major remaining obstacles to the creation of a Community patent. At the same European Council meeting referred to in the FT’s trademark story, it looks like European ministers decided that if there are to be any major breakthroughs with regard to a Community patent and an EU-wide patent litigation system, these will not now happen under the Slovenian presidency. Instead, it will be down to the French to force the pace. While translations officially remain the major obstacle, it is also the case that a Community patent will mean significantly reduced income for most national patent offices in Europe as they will no longer receive renewal fees in the way that they do currently. So, although a Community patent may be what European industry wants and maybe what many of the EU member states want, individual countries have it in their power to hold things up or to derail progress altogether. In off the record conversations, Austria seems to get a lot of mentions in this regard, as does Spain, as does Finland. Whether this is fair or not I couldn’t say: one of the problems with these negotiations is that they take place behind closed doors and so no-one who is not involved can be certain as to what is happening.


Patent Trolling



Remember Patent TrollTracker, who was bullied and sued by patent trolls for revealing what they really are [1, 2, 3]? Here is an update covering the patent trolls' assault on the individual and the company he worked for. As you ought to expect, patent trolls are remorseless when it comes to the legal system; they exploit and take advantage of it. Sue, sue, sue, or at least intimidate to extract royalties. That's the business model.

Previously, I explained how Rick Frenkel was sued twice for defamation shortly after revealing he was the author of the now-shuttered Patent Troll Tracker blog. One of those plaintiffs is Johnny Ward, Jr., a Longview, Texas lawyer who's popular as local counsel in E.D. Texas patent lawsuits; he's also the son of federal judge T. John Ward, the judge largely responsible for building up the Eastern District as the nation's most popular (or infamous) patent venue. The other lawsuit was brought by Eric Albritton, another Longview lawyer who has partnered with Ward Jr. on many cases, including ESN v. Cisco, the patent litigation that is the subject of the allegedly defamatory PTT posts.


To give you an idea of how scummy patent trolls can get, watch this short report. [via Digital Majority]

Last year, we noted the trend for various patent hoarding entities to set up a group of shell companies with which to sue companies. Part of the reason for doing so was to make it that much more difficult for the companies being sued to even know who they were fighting against. However, one big patent hoarding organization had another plan too… which just backfired. Plutus IP is a somewhat secretive patent holding company that has set up a bunch of shell companies all named after stars — and apparently it tried to pull a little trick by shuffling patents around among the shells.


Nathan "Shell" Myhrvold [1, 2, 3, 4, 5, 6], how much does your former employer (Microsoft) love you?

Recent Techrights' Posts

Wikipedia - Like Some Free Software Projects Infiltrated and Bribed - Bans Its Own Founder
Over the years we've named (not shamed) some projects and organisations that got corrupted by money and ended up banning their own founders
The “Aktion T4” at the European Patent Office (EPO) Saves Money for the President's Own Purse
Call for parents of children with special needs
SLAPP Censorship - Part 116 Out of 200: 5 Years of Multiparty Lawfare Against Techrights, Funded by Americans and Also by Third Parties (Including Microsoft Salaries)
The public and our government will be informed in full
After IBM's Shares Collapsed the CEO is Trying the "Quantum" Trick Again, Bolstered by a Demented Dictator in the White House
from what we can gather IBM's CEO is trying to get the US government to participate in the scam
 
Demonstration Next Week at the European Patent Office (EPO), Administrative Council Seen as Complicit
Corruption in Europe hurts all of us
IBM is Now Hinged on False Accounting and False Promises
This is the legacy of the current CEO
"PARTNER CONTENT" or 'Content Farms' That Promote Slop and Misinformation (The Register MS)
The Register MS represents a big part of the problem we all face
Turn Off the Slop, It's Wasting Energy and Destroying the Planet (the Only Planet We Have)
Right now we see lots of headlines about energy shortages and drained-up reserves
Lessons From Almost 30 Years of Site-Building Activities
We still strive to become faster and lighter
Do Not Outsource (the Seductive Mirage)
Abandoning so-called 'conventional wisdom'
Media Complicit in IBM Fraud Meant to Prop Up the Share Price Based on Lies, Fabrications
Even IBM insiders are fuming at this
In Some Countries, Windows Has Lost Its Monopoly
Windows fell to an all-time low globally this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 23, 2026
IRC logs for Tuesday, June 23, 2026
Gemini Links 24/06/2026: Motivation, PostScript Printer, and Why Hyperscalers and the Smolnet are Compatible
Links for the day
The Media's "Satya Says" Syndrome Distracts From Grim Reality
how insiders see Microsoft slop
Oracle's Collapse Has Nothing to do With Slop, It's About Its Debt Exploding by Almost 50% in Just 12 Months
How are people meant to trust the media?
Now... a Word From Our Sponsor
Powerade
Links 23/06/2026: Microsoft Studio Closures and Journalism Subjected to Further Cuts
Links for the day
Gemini Links 23/06/2026: Gardens, Basketball, Blocking Hyperscaler, and New Commodore Phone
Links for the day
Links 23/06/2026: Apple Price Hikes and Technical Debt in Slop
Links for the day
Greece Ought to Curb the Threat of Social Control Media
its national discourse seems to be run by an American company called Facebook
State of the GNU/Linux Desktop (and Laptop)
The time to advocate GNU/Linux is now
The 'XBox Narrative' Distracts From Destructive Cuts Across the Whole of Microsoft
Microsoft is preparing to lay off a likely record-breaking number of people [...] this isn't just an XBox problem
SLAPP Censorship - Part 115 Out of 200: Spending the Next Decade Writing About SLAPPs and Trying to Fix the System
It's the same industry that got paid by corrupt EPO officials to try to cover up the corruption
Microsoft's Stock Fell Nearly $200, But the Real Problems Are Just About to Begin
if they dump slop, what will they tell shareholders?
The Cyber Show on Starmer and Software Freedom
The Cyber Show's Andy has just explained why our departing national leader wasn't all bad
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 22, 2026
IRC logs for Monday, June 22, 2026
Gemini Links 23/06/2026: Girlrotting, Homeworlds at BGA, Slop Ruins Sites
Links for the day
A Lifetime of Whistleblowing
Ellsberg did not have an easy life, but it was a rewarding life with a rich legacy focusing on justice
European Patent Office (EPO) Series: A Man With Many Missions...
Campinos – accompanied by Gilles Requena and Patrice Pellegrino
Links 22/06/2026: Ubisoft Co-founder Dies, Americans Have Turned Against Slop
Links for the day
Links 22/06/2026: "The Sycophancy Machine" and "Port 22 Open for 54 Days"
Links for the day
When People Who Make the Most Money Are the Best "Boot Lickers" (Sucking Up to Jeffrey Epstein's Circle and the Dictator)
Sucking up to rich people may pay off
The Aim is Not Fame
Reposted from schestowitz.com
"Internally Important, Externally Irrelevant": IBM in a Nutshell
Right now its debt spins out of control and its stock spirals down the drain
SLAPP Censorship - Part 114 Out of 200: Thousands of Long Articles to Come, Properly Covering the SLAPP Industry in the UK and Its Modus Operandi
"Stowell described SLAPPs as ‘a stain on our legal system’."
Finding a Way to Get Paid to Improve LibreJS
So now we have more people resurrecting LibreJS and improving it
Microsoft Can't Even Wait Until July, Shutdowns and Layoffs Already Happening
Mashable speak of "a grim picture for the state of Xbox."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 21, 2026
IRC logs for Sunday, June 21, 2026
Gemini Links 22/06/2026: Appreciating Simple Things, Perfect Summer Evening, IRIX, Vim and so
Links for the day