Bonum Certa Men Certa

Patents Roundup: Pools, Apple, Google and Obama Appointment

Victory under water
The 'little guy' always drowns in patent pools



Patent Pools



Previously, in our writings about "Linux Defenders" [1, 2, 3, 4], we presented both the good and the bad. It's not all good, even though journalists who are focused on GNU/Linux prefer to view it that way. Sean Michael Kerner poses this as a question.



Will Linux Defenders Save Linux from Microsoft?



Questions over patent validity in software are never easy to answer, but it's one that a new effort called Linux Defenders from the Open Invention Network (OIN) is trying help solve.

Linux Defender includes facilities for peer-to-peer patent review, post patent review as well as defensive publications for patents.

[...]

"It's not really focused on Microsoft," Keith Bergelt, chief executive officer of Open Invention Network told InternetNews.com. "Under post-issue Peer to Patent there will probably be some Microsoft patents up there, there will probably be some from small companies and trolls,” he said, using a pejorative term for patent-holders who often manipulate the patent system for excessive profits.


The thing is, Microsoft and patent trolls are not exactly separable. We were told that "they [OIN] are nervous once you mention the words "patent troll"." The people at eWeek presented the view of the Linux Foundation:

Stated Jim Zemlin, executive director of the Linux Foundation. "The open source community is getting an IP rights tool that will limit distractions created from organizations that like to play the FUD game."


It is sad to see the Linux Foundation using propaganda terms like "intellectual property rights," but then again, it's also funded by the likes of IBM, Intel, and Novell. OIN is a patent pool and it's a blood relative of the Linux Foundation. As this new paper suggests, patent pools stifle innovation. TechDirt has the gist of it: [via Digital Majority]

Patent pools tend to come about when you have a lot of patents in and around a particular product, creating "patent thickets" where a bunch of different patent holders all hold onto important pieces of the puzzle. T he worst case scenario, then, is that nothing can get done, as it's impossible for anyone to innovate without being hit by a ridiculous number of lawsuits. To us, this is a sign of the patent system clearly not working. If so many different elements all need to be patented separately, then mistakes were made in the patenting process. You get, as Michael Heller has called it, a gridlock situation. Our solution? Throw out such patents, because they're clearly hindering, rather than enabling, innovation.


Back in 2006, Richard Stallman explained why identifying prior art is not the way to go. He criticised OSDL (back then the equivalent of the Linux Foundation) when he wrote:

The Open Source Development Lab (OSDL) has a project to educate the US Patent Office about ideas already known ("prior art") so as to prevent issuance of "poor quality" software patents which would cover those known ideas. It works by annotating free software packages in free software repositories so that ideas in them can be found more easily. It sounds like a good thing because the problems are hidden. The GNU Project does not participate in the project, and you should think twice about it too.


So why is the SFLC supporting this latest move? Those who can offer better advice should mail it to info@linuxdefenders.org and also sign this EU petition against software patents while they are at it. Anyone can sign the petition, even non-EU citizens.

Apple



Apple harms Free(dom) software and GNU/Linux [1, 2], but Apple/Mac enthusiasts prefer to deny this. It's just too embarrassing. In the latest step that may lead to castration of GNU/Linux features due to Apple patents [1, 2], Apple claims to have 'invented' the third dimension on the desktop, despite all that we find in Compiz/Beryl/ Compiz-Fusion/Metisse/ Looking Glass/whatever.

The Register has the details.

The US Patent and Trademark Office today published a collection of Apple filings, including a 3D interface that may herald the most radical - or, dare we say, the most bizarre - usability development since Doug Englebart first demoed a window-based GUI 40 years ago yesterday.


CNET has some more information about this and a clearer schematic.

In other Apple news, the company has just lost a patent case in the Eastern District of Texas.

We're not sure how we overlooked this one, but late last week, Opti apparently "won" a patent hearing over Apple in the Eastern District of Texas. You remember them, right? This is over that whole "Predictive Snooping of Cache Memory for Master-Initiated Accesses" issue. Oh, right, that predictive snooping issue. Uh-huh.


It's worth remembering that Apple's reasoning about "defensive" patents does not apply where patent trolls are involved. The trolls have no products, so swords can't be crossed.

Abuse



Abuse. Yes, that's what the patent system is about. Its holy grail is callously being called "intellectual monopolies" for a reason.

The reasoning behind these things is explored in this new post.

Today ( Friday 5 December) the World Business Council for Sustainable Development (WBCSD) organised a side event on 'the business contribution to a new climate agreement'.

With 65 lobbyists, the WBCSD is one of the bigger business lobbying bodies in Poznan. It represents over 200 transnational corporations, most of them headquartered in Europe, Japan and North America, employing 'over 3 million employees and a combined turnover of 7 trillion dollars'.

[...]

On access to intellectual property and the much needed technology transfer that will permit to the Global South to deal with urgent mitigation and adaptation challenges, WBCSD representatives called it "completely unacceptable for industry" that a UN climate agreement would include compulsory licensing of patents. They want technology transfer only to take place through projects that require the participation of multinationals.


In many cases, trade agreements and embargoes can be used against nations that encourage freedom of thought and resist intellectual monopolies. Even emoticons are becoming intellectual monopolies of individual people now.

A Russian businessman has trademarked the combination of semicolon, dash and bracket that make up a winking face 'emoticon' in texts and emails.


This is not a joke. It ought to be, but it's not.

While Google acknowledges that the system is broken, it carries on filing and thus endorsing software patents along the way.

Google’s official stance about the US patent system is that it is broken. The company has pushed for patent reform in order to stop “frivolous patent claims from parties gaming the system to forestall competition or reap windfall profits.”


We have accumulated a couple of videos where Google speaks about intellectual monopolies [1, 2] and the overall picture is not encouraging at all. They probably whine only because of nuisance such as those Chrome lawsuits and Yahoo patents.

Legal/Political Means



It's probably all down to law. Digital Majority pulled this new reference from earlier in the week. It's about the effect of In Re Bilski on computer programs patentability, which remains a subject of disagreement and little ground for testing in court (as yet).

Can I patent software running on a general purpose computer?

The Bilski court focused on data-processing methods, and did not address the patentability of hardware or software per se. A key question for the future is how the phrase “tied to a particular machine” will be applied to software patents. If interpreted narrowly — i.e., requiring the use of special-purpose computing hardware to receive a patent — many, if not most, business method and software patents may not survive. If it is read less restrictively, the status quo may prevail. In either case, patents for inventions implemented as software should include some structural and functional components in the patent application and the claims. Claims covering human activity are now seemingly a thing of the past.


IPKat has a discussion that relates to this too (re: UK sovereignty/monopoly though).

The IPKat is always saddened when all that effort that goes in standards-setting leads to litigation. In theory it should be friction-free and competition-friendly, but technical misunderstandings and misjudgments, drafting imperfections, impatience and opportunism all play their part in ensuring that the gulf between the ideal and the real remains as wide as ever. Merpel says, you'd think that Open Source licensing would provide more litigation and patent standards less -- but it's very much the other way round. This looks like a good topic for a PHD thesis or two.


In the United States of America, the new democratic government has promised a lot of change, but it becomes increasingly easy to have doubts [1, 2]. Here is another new reason for doubt:

...[W]idespread reports that Obama has chosen Xavier Becerra to be the new US Trade Representative. In the past, the US Trade Rep has basically acted as a representative of Hollywood at times, and Becerra may be no different... as he's literally the Congressional rep for California's 31st district... which (you guessed it) covers Hollywood. Uh oh. That would be like making a Congressional rep from Detroit in charge of automotive policy in the US. They're less likely to have the nation's overall best interests in mind.


The appointment of IBM's Irving Wladawsky-Berger, who has yet to become part of an advisory body, is not good news, either.

Recent Techrights' Posts

Goodbye, Dolly
This week we say "goodbye, Dolly."
How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
 
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026