Bonum Certa Men Certa

Patents Roundup: Microsoft Sued, Health Care Weighs in, McCreevy Denounced

Microsoft



A

key factor which differentiates Microsoft (and its patents) from the rest of the industry is its insidious plan to attack Free software (c/f Halloween Documents. No other company is under a risk as great as Microsoft's and companies like IBM and Oracle seem to have chosen more harmony than aggression (albeit Oracle uses GNU/Linux, so its real problem is MySQL, which is fights stealthily in other ways).

USPTOMicrosoft's uniqueness in this regard is worth stressing over and over again because some people forget why Mono is a problem. It's the holder of the patent one must pay attention to, not the many software patents which are already out there.

Referring to Microsoft's PgDn/PgUp patent, which was mentioned a couple of days, Matt Asay writes:

I used to believe that patents had to be non-obvious to make the cut, but Microsoft here demonstrates that the only obvious thing about patents is that the more they encumber the industry with both silly and even useful "inventions," innovation will be stifled. Indeed, it already has been.

We're veering toward a tragedy of the anti-commons, indeed.


O'Reilly Radar took the time to complain about it also.

Patent 7,415,666 was submitted in March 2005 so it took three years for the patent office to take in all this mumbo-jumbo and decide to give its approval. So if the USPTO is going to approve nearly every patent -- and I'd love to see a list of rejected ones -- why does it take three years to do so?


This is not innovation. It takes quite some nerve and greed from Microsoft to even apply for such a patent. Fortunately, punishment now arrives from the Eastern District of Texas where Microsoft is sued over patents.

Gary announced yesterday on his patent blog site Patent Prospector, that he has filed a complaint in the Eastern District of Texas, accusing Microsoft of infringing U.S. Patent 7,363,592, titled "Tool Group Manipulations."


Be careful what you wish for, Microsoft.

Software Patents Debate



Watch this August cover page of DACS:

"Intellectual Property and Software," it says in a large font.

It evokes disgust not just because those two terms are joined, but also because by "Intellectual Property" they don't mean trademarks or copyrights. "Intellectual Property" is just a sound bite and it's used to deceive or empower patents. Here is a new blog item [via Digital Majority], which explains why software patents have no place in this world.

Why are software patents so odious? It has nothing to do with the patent system itself. The patent system is a generally good system whose benefits typically outweigh any problems that it creates. The problem with software patents comes from a failure on the part of people who are outside of the realm of software development to realize that software design and sales do not operate according to the same rules as other products. Software, if anything, is the quintessential exception to the patent system for products because the relationship that software has to hardware and between buyer and seller does not exist in pharmaceuticals and other patent-dependent industries.

Software development rarely sees the labor and capital-intensive research that is done in industries like the pharmaceutical industry


Coming from health care (where patents are sometimes admired) is the following long post about Free software and patents.

Over the past three months, I've been communicating at length with several leaders in the Open Source Software (OSS) community about how best to license software patents in a way that supports the goal of OSS developers, users, and distributors. I've learned a great deal along the way about the uneasy relationship between OSS and software patents.

[...]

I believe that by being open, honest and fair with the people in the OS communities, there will be no need for patent infringement litigation since developers and distributors will appreciate my position, realize that we're not "gangs of bandits," and act with integrity for a win-win relationship.


Once again, it's worth stressing that this view comes from a health care-oriented figure, belonging to an industry where patents are most commonly (but wrongly) seen as a necessity.

Reform



Commissioner Charlie Mccreevy [1, 2] and others who play ball for intellectual monopolies shall receive the following critical letter.

As you are certainly aware, one of the aims of the `Better Regulation' policy that is part of the Lisbon agenda is to increase the transparency of the EU legislative process. By wilfully ignoring scientific analysis and evidence that was made available to the Commission upon its own initiative, the Commission's recent Intellectual Property package does not live up to this ambition. Indeed, the Commission's obscuration of the IViR studies and its failure to confront the critical arguments made therein seem to reveal an intention to mislead the Council and the Parliament, as well as the citizens of the European Union.

In doing so the Commission reinforces the suspicion, already widely held by the public at large, that its policies are less the product of a rational decision-making process than of lobbying by stakeholders. This is troublesome not only in the light of the current crisis of faith as regards the European lawmaking institutions, but also - and particularly so - in view of European citizens' increasingly critical attitudes towards intellectual property law.

I hereby urge the Commission to fully inform the European Parliament and the Council of Ministers of the findings of our studies in connection with the above-mentioned proposals and to duly and properly reference our work in future policy initiatives.

Copies of this letter will be sent to Mr. C. McCreevy (Commissioner DG Market and Services), the European Parliament and the Council of the EU.


It's not to late to save Europe.

Patent Troll Tracker has called for change in the system and he protested in his blog (he was last mentioned in [1, 2]). Although the following post is not about patents, it is a good reminder of why we should not rely on Web-based software, especially if that software and/or server is not under our control. It is also another reason to vigourously promote AGPLv3.

Albritton v. Patent Troll Tracker



The subpoena demands, inter alia, that Google turn over 'all documents referring or relating to communications to or from (1) Richard Frenkel a/k/a/ "The TrollTraker," (2) Dennis Crouch, individually and sub.nom. "Patently O," … (7) the blogs [defined as Patently-O and PatentTrollTracker blogs]" regarding Albritton, the filing of the ESN lawsuit, or related TrollTracker postings.' The subpoena also requests related Google search records ("all documents referring or relating to user searches of the internet and/or the blogs regarding (1) Eric M. Albritton…") and other records ("all documents referring or relating to the establishment, creation, maintenance, and financial support for the blogs").


We happen to be among those who sent tips to Troll Tracker's GMail box. He happens to have cited Boycott Novell as well.

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?
 
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