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

unixcop.com is the Latest "Linux" Site to Have Become a Slopfarm After 2 Years of Death (Inactivity)
Not a way to stage a comeback
While GAFAM/Microsoft Disguise Financial Crisis as "Investment in AI" the Slop Giants Make Up a Narrative of Wilful Slowdown
A BS artist is good at the art of BS when the artist's failures or weaknesses get twisted as moral or professional leadership
 
Microsoft Layoffs in September 2026 Are Silent, Hidden
Expect the same next month ahead of the fake results
Links 15/09/2026: 'Smartphone', Android TV Box, Stockholm Syndrome of [Slop Plagiarism] Acceptance
Links for the day
Carmen-Lisandrette Maris Prepares Audiobook to Explain Software Freedom/Digital Rights to Adolescents, Needs Help From Volunteers
needs help with narrating
Links 15/09/2026: Putin-Connected Money for The Insurrectionist Jr. and Turkey's Crackdown on Activists
Links for the day
publicdomainpictures.net Seems to Have Become Fed Up With Slop Contaminating Its Database (Wasting Storage, Bandwidth), Now It's Suitably Flagged, Should Be Demoted/Delisted
The site was redone, suffered some hours of downtime, then 'relaunched' with a new interface this week
Gemini Links 15/09/2026: Hiking in Munții Făgăraș, Scams, and Slop Plagiarism Considered Unethical
Links for the day
Linux Kernel Becoming a Slopfest - Part 1 - At the Beginning (Torvalds Knew It Was Trouble)
We still wonder if we should make and actively maintain a shame list (developer/employer) for the people who contaminate Linux the most with slop plagiarism
EPO Staff is Preparing to Take Up a Notch the Strikes and Other Industrial Actions Ahead of October's Meeting (It Can Help Oust the Corrupt Leadership)
mobilising perhaps thousands of workers at a critical time in the history of the Office
Allegedly Many PIP Layoffs in Nepal, IBM Does This Before a Known Death Toll in Avalanche (Caused by China-, Europe-, and US-Induced Global Warming)
Fresh wounds, before the bodies are even recovered (thousands still missing)
"Wail" by Alexandre Oliva
This work is licensed under the Creative Commons License BY-SA (Attribution ShareAlike) 4.0 International
This Morning The Register MS Published a Page With "AI" 83 Times in it. The Register MS Got Paid to Do This.
The Register MS is not a serious publisher and a lot of the stuff about "AI" on the Web isn't journalism but paid-for SPAM
SLAPP Censorship - Part 184 Out of 200: A Tiny Law Firm That Knows Nothing But Microsoft (But Merely Pretends to Understand "IT")
They've managed to trick some mainstream media into thinking they're "Tech" experts or "Social [Control] Media" gurus; nothing could be further from the truth
Links 15/09/2026: Sweden’s Far Right Perishing and "Iceland Just Got Played"
Links for the day
It's Not About How Developers Vote
This isn't about politics, it's about users being in control of their own computers and computing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 14, 2026
IRC logs for Monday, September 14, 2026
Gemini Links 15/09/2026: Poetry, Enshittification of Ebay, and Mecha System
Links for the day
LG Lies to Cover Up Lies About Its Spying TVs (It Records and Transmits Conversations in Rooms)
This is what a lot of "modern" technology is like
Oracle's Debt Continues to Soar (Increase of 60 Billion Dollars in 15 Months, Not Counting the Secret Debt, With Off-balance-sheet Debt Having "Grown Roughly Thirtyfold in Four Years")
Oracle debt continues to grow
It Has Cost $215,000 in Legal Costs to Sue IBM for Wrongful Termination
IBM typically settles out of court and demands secrecy (to avoid anyone else benefiting from the very expensive outcome)
Apple's iOS and macOS Measured as Bigger Than Windows in the US, Linux-Based OSes at Almost 30%
Expect the silent layoffs at Microsoft to continue at a rapid pace
Oracle, Like Microsoft, Drowns in Debt and Discards Tens of Thousands of Staff (Microsoft Does the Same More Discreetly)
The main difference between Microsoft and Oracle is that the latter is honest about what's going on
Gemini Links 14/09/2026: First Android Phone, Leaving Sony, and Rant About Gemini-to-HTTP Proxy Providers
Links for the day
Links 14/09/2026: "Scam Altman Now Trying to Gain Control of Electric Grid" and Sweden Moving to the Right
Links for the day
Vista 11 Flunked
Microsoft cannot start a "Vista 12" campaign as it would only make matters worse
Microsoft Urgently Needs Distraction: There's No "Next XBox", But There's a New Boot Screen (Like 'Dark Mode', a Feature That Can be Implemented in Mere Minutes/Hours)
Anything to distract from XBox fiasco
The PIPs or 'Voluntary Termination Offers' Help IBM Fake Its Situation
"IBM is not a tech company"
IBM Flying Away to Sweatshops (So Will Red Hat)
Even on Sunday people post about 'leaving' IBM
RFID Ambitions Already Established by Widespread Skinnerbox Adoption
A society that cannot maintain privacy for those who deserve it will not manage to assure dignity of citizens
SLAPP Censorship - Part 183 Out of 200: What Actually Happened Two Months Ago (Based on People Who Attended)
It's dangerous to assert what happened in a hearing you did not attend (there was no video stream or recording, either)
Phil Harvey, an Editor-in-Chief in a B2B Site, Explains Why ChannelFutures (Connected to TechTarget) and Other Sites That Used to Cover Linux Deleted Many Articles
Every old article in channelfutures is gone!
Software Freedom Day 2026 is 5 Days From Now, Fresh Reminder to Boycott Proprietary Software
Let this be a timely reminder of why people should avoid proprietary software
Links 14/09/2026: Slop Hardly Used for Actual Work (Chatbots Are for Lonely People), Slop Bots (Scrapers, Plagiarism) "Are Thirsty for Power"
Links for the day
Gemini Links 14/09/2026: Trip, Hiding, and OCR
Links for the day
IBM PIPs Are Layoffs (RAs Come Later Even If You Satisfy the "Performance" and "Plan")
Notice how "the media" almost never mentions silent layoffs, as if just because they're silent, there's nothing to investigate, nothing to see there
Slop Companies Engage in Plagiarising the Web, Now They Pay People to Contaminate the Web With Their Lies
Remember that the lawfare against us is funded by slop salaries!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 13, 2026
IRC logs for Sunday, September 13, 2026
Microsoft is Laying Off All Year Long (It's Just Keeping Quiet About It)
The issue here is also the media. It's complicit.
MElon's Twitter Takeover Was Meant to Amplify People Like Himself or David Heinemeier Hansson (Slop Pyramid Schemes and Bigotry)
Social control media is not neutral
Microsoft Lunduke of 'Linux Sucks' (and Microsoft Corp.) Tries to Replace GNU/Linux With Toxic Discussions About Toxic Politics
Poisoning the well people drink from
General Assembly Covers EPO Strikes on Thursday, September 17th (2026)
The EPO's staff representation at The Hague has asked people to join an upcoming online session about industrial actions
Links 13/09/2026: Republican Campaign Aide Uses Nazi Photo and Convicted Felon is Wielding Power to Stifle Speech
Links for the day
Gemini Links 13/09/2026: Never Settling, Plain Text Digital Life, and Newsgroups
Links for the day
SLAPP Censorship - Part 182 Out of 200: UK Dockets With Machine-Generated Applications to the Court (From American Slop Companies)
Earlier this year Garrett was using machine-generated output as legal papers and submissions
Efforts to Cancel Matt Mullenweg Have Made Us More Sympathetic Towards Mullenweg and More Sceptical of the People Who Run Automattic (Named After Mullenweg)
Mullenweg, unlike Automattic, is not "in it for the money"
Boosters of Omarchy Are No 'Underdogs'
There are many Arch derivatives that do not rely on "viral" marketing in MElon's child porn-pushing social control media and are instead relying on real development, not slop
PIPs Are a Setup: They Set Workers Up to Fail While Working Their Arse Off Before Getting Kicked (Out) in the Arse
Malicious and exploitative
SLAPP Censorship - Part 181 Out of 200: This is Really More Like Brett Wilson LLP v Schestowitz (Using Money From American Slop Companies, Plagiarism Pushers)
We approach the parts where we explain that the Application to the Court with Garrett's name on it was instead complaining about fair criticism of the combative law firm (irrelevant to any injunctions) as if it was impermissible to explain what it had done - and still does - to my wife and I
It Sometimes Feels Like Slop Companies Are Committing Online/Digital Crimes
"GPT" out of control
Gemini Links 13/09/2026: Why Omarchy is "Plain Disgusting" and "AI Slop" and Why "Plain Text To Do List" Rocks
Links for the day
Links 13/09/2026: Scam Altman Admits Issues (Financial), Rival Says Stop Slop (Plagiarism)
Links for the day
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026