Bonum Certa Men Certa

Patents Roundup: TomTom, The 'Bilski Test', Junk Patents, and Ambush

"Truthfulness with me is hardly a virtue. I cannot discriminate between truths that and those that don't need to be told."

--Margot Asquith



TomTom Revisited



IT IS hard treating the TomTom case as though it's old news because ramifications may be serious and Microsoft is already spinning. Jay Lyman, a self-professed proponent of GNU/Linux, is optimistically suggesting that the lawsuit has not negatively affected the adoption of Linux in the embedded space and based on our collection of news stories over the past fortnight, Lyman is probably correct. He wrote:



I don’t necessarily see the same effect from the TomTom suit since, at least publicly, Microsoft is not making the case that it is Linux on the line. I can report that there does not seem to be any slowdown or hesitation in the embrace of Linux for embedded devices. Perhaps that is the reason that Microsoft has chosen to play down any implications for Linux and open source, rather than puff them up as it has done in the past. If Microsoft or anyone else challenges the IP integrity of the Linux OS, it is likely to reinforce the idea that the open source software is legitimate, licensed, covered by copyright, and absolutely appropriate for enterprise, embedded and other commercial uses, at least that’s what history tells us.


SD Times has already gathered some more details about mysterious anomalies that harm Microsoft's case.

Under the original FAT licensing program, pricing was US$0.25 per unit with a cap on total royalties of $250,000 per manufacturer, according to what had been posted on Microsoft’s website from 2003 to July 2006. A Microsoft spokesperson could not explain why they were removed or whether those terms were applicable to the 18 agreements outlined in the lawsuit.


As we showed 2 weeks ago, Microsoft had explicitly promised not to sue over FAT. It therefore fails to keep up with its own licences, let alone just those promises. This is why we believe that Microsoft is fighting a losing battle and it relies heavily on the financial situation of TomTom which is rather frail right now.

“As we showed 2 weeks ago, Microsoft had explicitly promised not to sue over FAT.”Microsoft, like SCO, frequently relies on exhaustion of its opponents (or lingering the uncertainty), so it's a test that merely determines whose pockets are deeper and who can afford more motions. It is very much the same with the European Commission, which Microsoft drives into exhaustion for many years, so by the time compliance is reached -- if that ever happens at all -- the documentation delivered is already irrelevant and outdated.

One reader recently told us that this is "unfortunately the nature of the law. As a lawyer, I can tell you that lawyers don't sit around talking about justice, they talk about whether you can win a motion for summary judgment (a quick way to end cases). Law is very narrow. It is not about justice. It is about whether the law can be used to bludgeon your opponent. [...] It is increasingly becoming true that the party with the greater resources wins. That is why it is so important for TomTom to win this case."

Business law



Software Patents Can Die



Illegitimacy of Microsoft's claims aside, the question about patentability of software post-Bilski [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] just keeps arising. According to this article about TomTom, In Re Bilski keeps slaughtering software patents.

Due to the Bilski ruling, new software patent evaluation rules have come into existence and just recently IBM lost claim to one of its database query patents. It was rejected because the innovation isn’t “tied to a particular machine”.

The BPAI goes on to justify the rejection by pointing out that the “system” on which the innovation operates is “not recited in terms of hardware or tangible structural elements”, which is to say that the patent is rejected because the elements of the claim are “implemented solely in software or algorithms”.


Moreover, according to Law.com, the opposition to Bernard Bilski's patent is proving invaluable.

Federal Circuit Bars Patent for Business 'Paradigm'



[...]

"A paradigm is basically a way of doing something," Harris said. "I was trying to define a whole new set of claims -- a new style of claims."


At the end of the day, do software patents matter anymore? Are they sufficiently valid to actually endure the 'court test'?

Junk Patents



One of our readers has accumulated examples of new patents that are worth putting here for their hilarity value. As he puts it, Cryptomathic patents user authentication using a central server, Innovid patents in-video brand experience, Worlds.com patents virtual reality, CounterPath patents mobile to IP roaming, laundry viewing over the Internet is patented, reading barcode with camera phone is patented, F-Secure patents updating virus signatures over SMS, Prolexic patents anti-DDOS service, and automatic menu generation too is now a patent.

What on Earth is going on here?

Patent Ambush (or Patents in Standards)



Rambus' patent trap inside a standard [1, 2, 3, 4] is highly relevant to us because Microsoft patent traps like OOXML and C#, which are wrapped with something called "standard" (never mind if sheer crime was devised to achieve the status), are a danger to Free software.

According to this early report, Rambus is getting its way with a patent ambush and this can cost Hynix as much as $0.4 billion. Yes, all of this money just for patents, which were sneakily concealed inside a standard while it was innocently being adopted by many.

Hynix has agreed to pay royalties of up to 4.25 per cent for the use of Rambus patents in devices sold between the 31st of January 2009 and the 18th of April 2010.


Ars Technica has some more details about this story.

MPEG-2 may not be a case of an ambush, but as we showed last week, Lenovo is being hurt quite badly by it. MPEG-2 is a real issue for Free software because it has spread widely and it requires patents to be used. According to CNET, Apple potentially poisons Web standards with patents, we well.

On March 5 Apple dropped a small bombshell on the World Wide Web Consortium (W3C) standards body, excluding one of its patents from the W3C Royalty-Free License commitment of the W3C Patent Policy for Widgets 1.0. The patent in question covers automatic updates to a client computer in a networked operating environment.


The author is an advocate of Apple, so he tries to convince the readers that Apple is a friend of open source when in reality it is a a big foe of open source and freedom in general. Well, fortunately, Apple suffers just like Microsoft and it shows.

Recent Techrights' Posts

Next Month 'New Techrights' Turns Two
Next month, on the fourth week, it'll be 2 years since the migration
Online Safety Act Tries to Accomplish the Impossible
All I can say is, "good luck with that!"
Microsoft Windows "Market Share" Measured Around 2.7% in Iraq, Plunges to 6.5% in Saudi Arabia
Microsoft isn't on the agenda in Iraq
 
Efficiency is Good, So Why Won't Governments Cull LLM Companies Using Stronger, Stringent Policies?
Like every bubble that ever existed, including some recent ones, an end will come
The Defunct Site LinuxConfig Has Published a Fake Article About Richard Stallman Using LLM Slop, Which Stallman Calls "Bullshit Generator"
Worse yet, it is writing using a "Bullshit Generator" (the term used by Stallman) about Stallman's health
Microsoft Windows Falls to All-Time Lows in Morocco and Algeria
About 70% or even less
StopGenAI in the Cyber Show (C|S)
covering a theme that we too covered a lot lately
Gemini Links 03/08/2025: Once-a-Decade Couch Shopping and Blessings in Disguise
Links for the day
Links 03/08/2025: Political Catch-up, Global Warming, and Hunger
Links for the day
Brittany Day Entered LLM Slop Into LinuxSecurity.com and Something Hilarious Happened: The Site is "Exploited"
The brainless, effortless copypasta of "slop artists" shows its limits
Links 03/08/2025: Microsoft Exchange 0-day Exploited and Avoidable Nuclear Escalation
Links for the day
Definitely Not a Ponzi Scheme
Bitcoin v Microsoft
The Electronic Frontier Foundation (EFF) is a Billionaires' Lobby
Billionaires that control tech companies
Microsoft Borrows 3 Billion Dollars Per Month, a Company Truly Worth Trillions Would Not Do This
if Windows (and Office) "market share" fell from about 90% to barely 30%, how come Microsoft is now "valued" at 20 times more?
It's Even Worse Than Microsoft Lunduke Puts It; GNOME is SLAPPing Journalists
In our experience, GNOME is so malicious - some elements of it in particular - that it would launch multiple simultaneous SLAPP campaigns not only against journalists but also their spouses
GNU/Linux Adoption Reaches All-Time Highs in Chile, statCounter Indicates
This month marks 4 years since Vista 11 came out (as a fake "leak") and some surveys still measure its adoption at less than 40%
Slop Will Not Change the World
Some of us grow up sooner and leave that nonsense behind (or altogether avoid/skip it)
Gemini Links 03/08/2025: Nostalgia and TOFU
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 02, 2025
IRC logs for Saturday, August 02, 2025
Google Throwing Out the Search Engine With the Bathwater is a Complete and Utter 'Shi---ow' as the Company Drowns in Debt, Layoffs, and Worse
The mainstream media almost never mentions GAFAM debt
Operating Systems' Statistics in New Zealand: GNU/Linux Up, Windows Down to All-Time Lows
Remember all this when the media says that Microsoft became like 10 times more valuable in those 15 years (from 400 billion to 4,000 billion in alleged "worth")
GNU/Linux Share in Sweden Has Doubled Since PewDiePie, A Swede, Recommended It
months ago he moved to GNU/Linux, then told others to consider doing the same
GNU/Linux Hits Record High in Portugal
GNU/Linux picking up in Portugal
Gemini Protocol is Not Dying, It's Growing
When people say things like "Gemini Protocol is dying" the data does not support them
GNU/Linux is Thriving This Summer
It is meanwhile acknowledged, even by Microsoft pushers, that many GNU/Linux PCs will get sabotaged next month
The End of Microsoft's Reign in Spain: Windows Falls to All-Time Lows in Spanish Web Traffic
Windows sank to new lows in Spain
The Bots Never Sleep: In The Weekends, Slopfarms Dominate Google News, Majority of Entries in Google Are Fake Articles About 'Linux'
Google is fast becoming an ocean of plagiarism; the same goes for Google News, which was supposed to have extra quality control
Russia's Yandex Has Caught Up With Bing in Terms of "Market Share"
Microsoft has been firing loads of Bing workers for over 2 years already
Canada: GNU/Linux Up to Records Highs, Windows Down to Record Lows
Microsoft already announcing some plans to shut down Vista 11
Gemini Links 02/08/2025: Transducers in Typed Racket and American ISPs
Links for the day
Links 02/08/2025: Microsoft Already Kills Vista 11 SE, Smartphone Sales Down, Truth Gets "You're Fired!" in the US
Links for the day
Video: The Rise of GNU/Linux and Free Software as Seen by RMS in 2004
DTP's founder argued that when Windows goes below 85% "market share", it'll lose its grip in the monopoly sense
Russia: GNU/Linux Rises to Highest Adoption Level Since Invasion of Ukraine
Moving up in the north
Microsoft's Latest Financial Report: We "Gained" 300 Million Dollars in "Goodwill" and Liabilities Grew by 32 Billion Dollars
Microsoft's debt has reached an all-time high
The Register US = The Register MS
Formerly The Register UK
Weeks After Microsoft Shut Down Its Operations in Pakistan Windows Falls to All-Time Lows
Only less than a month ago it was quietly revealed, based on laid-off staff, that Microsoft shut down in Pakistan
Criminal Behaviour is the Standard Operating Procedure at Microsoft
In the future I'll be able to tell how, when dealing with SLAPPs from Microsofters, their Microsoft services failed me and sometimes even blocked my contacts
GNU/Linux Rises to All-Time Highs in Europe
many people will get fired for buying Microsoft
All-Time Highs for GNU/Linux on the Client Desktop/Laptop, Based on Steam Survey
GNU/Linux rose to 2.89% in Steam
Links 02/08/2025: Blaugust 2025 and "Russia Declares Navalny Memoir ‘Extremist’"
Links for the day
Free Software is Not a Business Model
Go ahead, ask your friend, "how do you plan to monetise your children?"
When (Almost) One-Man Operations Are Disguised as Medium-Sized Companies
the CEO hides in the US (hiding from his ex-wives, 4 daughters from those wives, and Sirius staff that he defrauded)
LLM Slop Harms Real Literature, Real Web Sites, Real Journalism
LLM slop is a parasite and it'll run out of legitimate outputs
Upcoming OSI Scandal Series
The OSI is a rogue actor because it serves Microsoft in exchange for money
Slopwatch: The Issue Persists, But the Consensus in the Media Changes as Google Enrages It With LLM Plagiarism
We've meanwhile assessed the latest output from Linuxiac
Microsoft Actually in Trouble, Microsofters Unable to Obey Judges' Orders
For the second time in a week, Microsofters are unable to obey orders
IRC Proceedings: Friday, August 01, 2025
IRC logs for Friday, August 01, 2025
Over at Tux Machines...
GNU/Linux news for the past day
Links 02/08/2025: İstanbul Retail Inflation Reaches 42.48%, US FBI Opens Office in New Zealand
Links for the day
Gemini Links 02/08/2025: ZFS, LLM Hype, and Fake Modules
Links for the day
Links 01/08/2025: Health, Conflict, and Attacks on Freedom of the Press
Links for the day
Microsoft's Debt Exploded by 15.4 Billion Dollars in the Past 9 Months Alone (Despite All the Layoffs)
As of minutes ago, at 6PM on a Friday, the numbers are made public
Meeting (Webchat) With Maria Arranz Gomez, Florian Grundies, Jürgen Janda and Konstantinos Kortsaris Confronts EPO Management About Breaking Promises and Crushing Workers
The lack of consistent messages suggests plans other than what's advertised and the lack of consultation (secrecy) likewise
Links 01/08/2025: "The Great British Firewall" and U.S. Army Sponsors Palantir
Links for the day
For Second Day in a Row, Top Story in The Register MS is "Microsoft Says"
The editor in chief exercises control over everybody else
LLMs as Attack Method Against Free Software and Programming
DDoS in "hey hi" (slop) clothing
Stability and Reliability, Backward Compatibility
I don't fancy relying on social control media as "sources"
What "the News" Looks Like in 2025
The "says" (or "sez") phenomenon
History Will Be Distorted, Sometimes Intentionally, Under the Guise of Intelligence (Manipulated/Curated Slop)
Militarised misinformation or military-grade chaff is a national security threat, even domestically
Financial Engineering Companies: A Company Worth 4 Trillion Dollars Would Not Borrow 100+ Billion Dollars at Interest Rates Like Today's
Many headlines perpetuate the lie Microsoft had just 2 waves of layoffs
Microsoft is Googlebombing "Linux" While Paying Former News Sites to Publish SPAM
How much lower will IDG sink?
Google as a 'Bullshit Generator' Disguised as Intelligence
It'll probably cause Google to get sued a lot, both by individuals and companies
As Expected, Google in the UK Now Experiments With Slop Instead of Web Search
At this point more people ought to stop and think: Does Google's search engine deserve trust?
The Data You Don't Give Away is Your Advantage
stop sharing data that does not need to be shared
Being Obedient or Doing the Right Thing
The world always changes for the better because of people who think "Outside the Box", not the cogs
Gemini Links 01/08/2025: Happy Hacking Keyboards and New Gemini Arrivals
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 31, 2025
IRC logs for Thursday, July 31, 2025