Bonum Certa Men Certa

Patents Roundup: Microsoft|Myhrvold Trolls Fill Up Their Patent Basket

Patent troll
"I'm not a troll, damn it! I'm an innovator."



"On the same day that CA blasted SCO, Open Source evangelist Eric Raymond revealed a leaked email from SCO's strategic consultant Mike Anderer to their management. The email details how, surprise surprise, Microsoft has arranged virtually all of SCO's financing, hiding behind intermediaries like Baystar Capital."

--Bruce Perens



WORTH STARTING OFF WITH is the news most relevant to Free software. There are many signs suggesting that Microsoft gambles on patent trolling as a business strategy [1, 2, 3] and the following is new addition to a chain of evidence we accumulate for studying purposes. The Gates|Myhrvold ambition is secret no more and this 'axis' can be intercepted once it's better understood.

Nathan Myhrvold Now Capitalizing On Failed University Patent [Initiatives]



With so many university technology transfer offices losing money, IV has been going around and signing deals with universities. Basically, IV gives those tech transfer offices some money upfront, allowing IV to effectively add each university's patent pool to its own portfolio that it uses to go around demanding hundreds of millions of dollars from companies to "protect" them against any future lawsuits.


They seem to have already done this routine in India. There are different ways to approach this problem:



Bilski



Roughly reverse-chronologically, the Bilski case was previously mentioned in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33]. There are some new and noteworthy analyses of its impact on software patents, so these are included below for completeness and future references (mostly research in retrospect).

1. "Software Method Claims: Bilski in light of Benson

It is important to remember that the Supreme Court's decision in Gottschalk v. Benson is still controlling law. In that 1972 decision, the Supreme Court held unpatentable a method of converting a signal from "binary coded decimal" into "binary." The Benson method operates by using a "reentrant shift register" – a particular electronic memory circuit of the day. The rejected claim reads as follows:

[...]

Thus under Bilski/Benson, tying a software algorithm to particular computer hardware may well be unpatentable subject matter if the patent would still preclude all practical uses of the otherwise unpatentable algorithm.


2. Post-Bilski at the USPTO: Is the BPAI Looking to Create a 'Software Per Se' Exception?

The BPAI, acknowledging Bilski, stated that the claim did not recite patentable subject matter, as it was "directed to purely software components."


3. COMMENTARY: Business-Method Patents—Down But Not Out?

The case most often cited for opening the door to business-method patents is State Street Bank & Trust v. Signature Financial Group Inc., decided in 1998 by the same court. That case, however, involved a fairly complex computer program, and all the court really said was that the validity of the patent should not turn on whether the “subject matter does ‘business’ instead of something else.” Even the poster child of business-method patents, the Amazon “one-click” patent, which was in the patent pipeline well before State Street, involved software operating on a specially designed client-server system.


In addition to this, worth considering is this new essay on why software should not be patentable. It's a followup to that friendly Gene Quinn confrontation (amicable debate rather).

One final note with regards to Specific Description and that is a look at how it would work when applied to various assets. Take a car engine, no matter how much detail we put into describing it we never end up with a car engine. A text only book is a simple case, clearly you can write word for word the contents of the book and so therefore it fails the Specific Description test. Music, even a recording, can be respresented in a form which can be translated to give the recording itself. The same applies for imagery and therefore as a combination of the previous two movies. These are all things which have long been established as the domain of copyright law, not patent law. Suggesting perhaps the Specific Description test is similar to the thought processes of those who created patent and copyright law. There is something else very common in society which fails the Specific Description test. Software.


Let copyrights protect software developers. Mathematical recipes are a step too far in creating fences, which are not necessary.

GPLv3



The GNU GPLv3 gains acceptance



Another mechanism for defanging patent trolls is the GPLv3 and a new article explains the role it serves and its necessity.

Regardless of opinion on the merits of the new GPL, the fact is it's here--and likely here to stay.

In essence, copyleft is a complete reversal of traditional copyright values where the law sees software as a literary work under the Copyright, Designs and Patents Act 1988.

[...]

The result is a new version of the license that is much clearer in its scope and application. It also takes greater account of software patents. To prevent software owners using patents to impose additional terms on users, the license includes the use of any patents owned by copyright holders that fall within the scope of the software. The termination provisions are also made clearer and are now automatic instead of requiring a notice from a copyright holder.

[...]

Conversion from GPL version 2 to version 3 is increasing as existing open source applications seek to benefit from the improved certainty afforded by the new terms. That's not to say that version 2 is unenforceable, it will continue to exist and be used by those who prefer it, but version 2 and version 3 are incompatible. Thus a decision needs to be made by those organizations 'going open' as to how they would prefer their software to be made available--and soon.


OpenMoko Harassed by Philips, Facebook Sued



The OpenMoko situation was brought up in [1, 2] and LWN.net has some further discussion of interest. It illustrates aggressive action which is carried out by proxy (Sisvel in this case [1, 2, 3, 4, 5, 6, 7, 8, 9]).

On November 12, the OpenMoko project announced that all of its system images had been removed from the download server.


Facebook too has just been sued... by a patent troll in fact.

Leader Technologies, a provider of web-based enterprise software for groups, is apparently suing Facebook. It claims the popular social network is infringing on a patent it obtained in 2002, that “relates to a method and system for the management and storage of electronic information.” Facebook tells me it hasn’t seen the complaint yet, although Leader issued a press release earlier today saying that it has already filed the suit in Delaware.


This is also covered here and here. Will Facebook join the cause against software patents, despite its Microsoft slice?

USPTO: Shot in the Foot



Those in the mood for entertainment can take a glance at some of the newly-discovered 'innovations' this patent office brings to our world (and virtual world too):

1. The Rocky Legal Landscape of Virtual Worlds, Part 2: Patents

For example, U.S. Patent No. 6,935,954, owned by Nintendo of America is directed to a sanity system for a computer game whereby events in the game affect a character's sanity, which in turn affects the ability of a user to control the character. This sanity system appears suitable for any single or multiplayer game in which characters encounter scary situations.


2. McDonald's Sandwich Patent

And don't miss the flowchart that explains how to make a sandwich.


You can't make this stuff up! ⬆

On the grill
"We're sorry, sir. Your BBQ party is over.
Your cooking infringes on patents."



Recent Techrights' Posts

IRC is for Communities, Social Control Networks Are for Broligarchs (by Broligarchs)
Unlike Reddit, it's not a company
Intercontinental Brigading - Part XXXXVI - Attempts to Kill Critics
"Epstein contacted Cambridge academics about research funding"
 
Links 11/11/2026: End of Novaya Gazeta (Assassinated by Putin) and North Koreans Too Poor to Buy Rice
Links for the day
Gemini Links 11/11/2026: The Tyrant’s Moat and Rants About Slop Causing Problems
Links for the day
Links 11/11/2026: Skydance Games and Boeing Hit By Layoffs, "Time Out for Timeouts"
Links for the day
JavaScript is the Problem, Not the Answer
Making the Web better is about making things better, not slapping more JavaScript 'walls' at it
Intercontinental Brigading - Part XXXXVII - "Making a False Complaint to Police is a Crime." (British Cops Aren't American Mercenaries)
"In the United Kingdom, the Foreign Enlistment Act 1819 and the Foreign Enlistment Act 1870 make it unlawful for British subjects to join the armed forces of any state warring with another state at peace with Britain."
The Label 'Anti-AI'
They make it sound like opposing plagiarism or cheating is an act of intolerance or hatred
Intolerance and Violence
Intolerance in the software world is not a new problem
António Campinos Hiding From Staff Amid Strikes, Won't Participate in Dialogue
They voted to continue striking until Christmas
Silent Layoffs at IBM (Rolling Layoffs), Now Curbs on H1B (Mostly Indian Applicants)
Little will change at IBM except the gravity (global distribution) of its workforce will go east
Links 11/11/2026: Moving from Proton to Posteo and "Floating in Space"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 10, 2026
IRC logs for Tuesday, November 10, 2026
Gemini Links 10/11/2026: Running, Tektronix, and "Smallnet Information Services Zig Port"
Links for the day
Corporations Don't Lose 2 Trillion Dollars in 'Value' Over a 'Dick Story', This is an Overvaluation and Belated Correction
Nvidia is down, down, down again
Links 10/11/2026: "50 Years of Project Censored" and NVIDIA's Collapse Continues
Links for the day
NVIDIA Down About 30% in 5 Weeks, When Does the Media Call It "Bubble" Rather Than Frame It as Sex Scandal?
they'll find a way to blame "China"
Surreal Times
NVIDIA's shares fell 27% in 5 weeks
Links 10/11/2026: "Jensen Huang Could Face $81 Billion Divorce Bill" and "Nvidia Shareholders sue Jensen Huang"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 09, 2026
IRC logs for Monday, November 09, 2026
Gemini Links 10/11/2026: Open Problem in Computer Science Due to Bloat and "Queueing Nine Hours for an iPhone"
Links for the day
“Losing Huang Would Introduce a Lot of Uncertainty"
Huang won't last much longer
GNU/Linux Rose to 6% as Laptop/Desktop Operating System in Azerbaijan
In the past two weeks the average measure as seen by Clownflare is 5.7%
Intercontinental Brigading - Part XXXXV - The Brand (and Reputation)
"Russell Brand sentenced to 10 years and six months for rape and sexual assault"
Microsoft Will Pay $11,742 USD for Workers to Leave
11 lakh Indian Rupees
Since Records Began 18 Months Ago, statCounter Saw Chatbot Usage Falling Sharply
Chatbots are not becoming more popular and the commercial world is having second thoughts
Losing Their 'Faith' in Slop
Are leather jackets becoming a "signal" of "cheating on the wife"?
Protestants at the EPO Fight On, Rising in Opposition to and Against Corruption, Also Against GAFAM
Don't say we didn't warn you...
Boosters of Non-reciprocal Licensing Are Just Trying to Cancel Richard Stallman (RMS) and His Baby, GNU
If only they liked freedom as much as they love Microsoft (or Microsoft's GitHub, which is proprietary and unsafe)
Gemini Links 09/11/2026: Zephyr, Wireless Planet, and Old E-mail
Links for the day
IBM: From Illegal NDAs to Illegal Secret Settlements (Money in Exchange for Promise Not to Sue)
Insiders also explain why RAs may come weeks from now [...] IBM has marked 40,000 workers it wishes to get rid of
When Some Footage Causes Your 'Company' to Lose Almost Half a Trillion Dollars in 'Value' in a Few Minutes Your Company is Fictionally Valued
stock slips 8% because the CEO cheats on the wife
Links 09/11/2026: 'Humanitarian' Putin Knocks 600,000 Civilians Off the Grid, Eminem’s Publisher Sues Suno
Links for the day
Like Crooked Politicians, The Register MS is Selling "Dinners" (Access, Sponsors)
Talk about "hey hi".
The Register MS is Not Objective Regarding "AI", It's Paid by Pushers of the Pyramid Scheme (including Nvidia)
Some time soon we'll name some companies that pay millions to The Register MS in order to cement their role in the house of cards (while it lasts)
GAFAM Moribund
A lot of what we say about Microsoft in respect to debt is equally applicable to the rest of GAFAM
NVIDIA as a Scam Company Run by Scammers Who Fake Demand for Their Waste of Energy (Subsidising GPU Sales for Use Cases That Don't Exist)
First they targeted gamers, then fake 'currencies' (which turned out to be a bust), now it's slop (obfuscation of plagiarism using brute force and fusion) [...] We're quite glad that Huang publicly broadcasts how untrustworthy he is
Links 09/11/2026: Nvidia CEO Jensen Huang Cheats on Wife With A Suspected Chinese Spy, "400,000 Russians Killed in Battle Since 2022 Invasion"
Links for the day
Zero Tolerance for Slop
very few sites that dabbled in slop ended up well off (for it)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 08, 2026
IRC logs for Sunday, November 08, 2026
Gemini Links 09/11/2026: "The Blue Wave Won't Save Us" and "Discoverability Is Only Solved If You Can Be Discovered"
Links for the day