Bonum Certa Men Certa

Killing Spurious Patents Before They Kill Us

Executioner



Summary: Another roundup of patent news serves as an alarm to Free software defenders

THE LAST time we wrote about patents that kill people was 4 days ago. There is another major new case which takes to task this dangerous trend of patenting:

i. Cancer Patients Challenge the Patenting of a Gene

When Genae Girard received a diagnosis of breast cancer in 2006, she knew she would be facing medical challenges and high expenses. But she did not expect to run into patent problems.


ii. ACLU sues over patents on breast cancer genes

Myriad Genetics, a Utah-based company, vowed Wednesday to "vigorously defend" itself against a legal challenge to its patents on two human genes linked to breast and ovarian cancers, its attorney told CNN.


iii. ACLU, Cancer Patients Sue Over Patenting Of Genes

The ACLU has organized a group of cancer patients who have had treatments and medical analysis limited due to gene patents held by the company Myriad Genetics, and brought the issue to court. This is a big deal... and while the case and the resulting appeals will certainly take many years, this is going to be a case well worth watching.


For those who think that such patents are unethical, consider pharmaceuticals more broadly [1, 2]. Better ways do exist for development of drugs.

Here is a new essay about patent thickets and their relationship to antitrust:

In my next (and final) post on the sewing machine patent thicket, I will raise an issue that is not yet discussed in my paper — antitrust. The impact of antitrust doctrine on how patent-owners contract with other patent-owners may create significant variances between the nineteenth century and today on how patent-owners may resolve patent thickets. I am still researching the relationship between patent pools and antitrust, and so I am especially keen on receiving feedback from the readers of this series.


In light of the Intel ruling in Europe (or elsewhere), Glyn Moody raises again the same question about patents and antitrust:

This might have interesting implications for the netbook market, where Microsoft is desperately trying to keep manufacturers from offering cheaper GNU/Linux models. How it does that could well come under scrutiny by the European Commission if there's any hint it is apply pressure unfairly.

But beyond that, there's a more subtle point. These fines arise, after all, from the abuse of monopoly power. And there are no greater abuses than those associated with intellectual monopolies – patents and copyrights. The more that the European Commission punishes such monopolies, the sooner, it seems to me, it will be forced to confront the worst monopolies – those actually backed by its constituent governments. If it wants to make the European markets truly fair, and to promote competition, it should not just be hitting big, bad companies that bully competitors, but the big, bad system that has such bullying at its heart.


Moody also writes about the (probably false because Microsoft denies it) speculation that Microsoft will buy a top lobbyist for software patents in Europe:

Rumour: Microsoft to Buy SAP?



[...]

Irrespective of rumours, Microsoft would be the perfect suitor for SAP since the latter is one of the last major bastions of proprietary software in Europe, and favours software patents.

That's no surprise, since Enterprise Resource Planning - SAP's heartland - is one of the few software sectors where open source has failed to make significant headway yet, and software patent monopolies are a great way to lock out up-and-coming free alternatives to high-priced closed-source solutions.


As we have been stressing a lot recently, there is a strong new attempt to legalise software patents in Europe and Roberto Galoppini warns about it, adding that:

Carlo Cappato has been fighting software patents since 2003, and I’m not surprised he just signed the free software pact, the initiative mentioned earlier this week. Now he asks for help, if you like what he did on digital freedoms for years it is time to help him to get elected.


The FFII has pulled old quotes that highlight the severity of the situation.

Hartmut Pilch, founder of the FFII, had the right vision in 2007 about the EU-EPLA project. Here is what he said about the future specialized patent court in Europe.


As this new article from Law.com indicates, when it comes to software, only large companies benefit, so it's not a one-size-fits-all situation, certainly not from an economic perspective, let alone a moral one.

Congress has spent the past five years in an ongoing effort to reform the patent system. Reform proposals have come and gone; the debates between proponents and opponents of various amendments have been fierce and protracted.

[..]

These disagreements demonstrate the conflicting needs of different industries in the patent system. The incentives necessary to promote innovation in the pharmaceutical industry are not necessarily those for software or to semiconductors. The incentives necessary to innovation by small entities may differ from those needed by large entities.


Despite all this, Bill Gates seeks to justify what he does by publicly equating software to drugs (April 2008). Privately he sings another tune altogether. Some years ago, said Bill Gates (in private): “If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today."

And again, despite all of that we know, Gates is being trained to recite words like "innovation" or "R&D" when it fact it's all marketing and it's supposed to instill confidence in the minds of Microsoft clients and shareholders. As one person put it in a new article about "Microsoft Research":

Microsoft Research...why make the effort?



[...]

What research is for, in cases like Microsoft, is status. It's a very tax efficient, with many valuable and wonderful side effects that occasionally benefit the company, but its primary task is marketing. It's proof, even in these most distressingly modern of times, that patronage works.


This marketing stunt is also being used to pass new laws that block competition. Why else would they go out of their way to organise a lobbying event called "Innovation Day", which is a recent example of the Microsoft circus for software patents in the EU? There are other examples like Pi Day, usually all leading back to the same Microsoft lobbyists.

"The genesis of this idea was when I was at Microsoft. We had a problem with patent liability. All these people were coming to sue us or demand payment. And Bill (Gates) asked me to think about if there was a solution." —Nathan Myhrvold, WSJ: Transcript: Myhrvold of Intellectual Ventures

Recent Techrights' Posts

Turns Out LLMs for Code Don't Save Time and Don't Improve Quality
Neither legal nor useful
 
Pissing Contests and Pissing Off Everyone
people who came from Microsoft are trying to vex and divide the community
Microsoft Repeats the Mistakes Made by the EPO After We Exposed a Major Microsoft/EPO Scandal 10 Years Ago
That scandal was all over the media, not just in English
The Demise of LLMs
We've just checked BetaNews again. They've dropped all the slop and went back to human authors.
Gemini Links 13/07/2025: Sonpo Museum of Art and FCEUX
Links for the day
Links 13/07/2025: UnitedHealth's Censorship Campaign, Australia Wary of China
Links for the day
Firing Away With Nonsense
Or fighting fire with fire
Links 13/07/2025: Climate Crisis, GAFAM Poisoning the Water
Links for the day
The Microsofters Will Have an Obligation to Compensate Us
This story isn't just about Microsoft. It's also about corruption, there are many women victims, there is abject "abuse of process", and many more scandals to be illuminated in years to come.
Reproducing at the EPO Instead of Producing Monopolies for Foreign Monopolies With Their Price-Fixing Cartels
Does the EPO recognise the need of well-educated Europeans to bear kids?
Valnet Inc. Dominates Real (Not LLM Slop) GNU/Linux Coverage in 2025
And likely in prior years, too
Free Software Foundation (FSF) Fund Raiser Goes on
Later this month we'll expose another OSI scandal
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025
Plunder at the Second-Largest Institution in Europe
cuts, neglect, health problems, even early deaths
Links 12/07/2025: Political Developments, Attack on Opposition, Climate Actions
Links for the day
Gemini Links 12/07/2025: Melodic Musings and Small Web July
Links for the day
Links 12/07/2025: Jail in China for Homoerotica, South Korea Discriminates Against Old Workers
Links for the day
If Only Everything Was Rewritten in Rust, We'd Have No More Security Issues?
Nope.
Links 12/07/2025: Birdwatching and Fake/Misleading Wall Street 'Valuation' Figures
Links for the day
Gemini Links 12/07/2025: How to Avoid Writing, Apps for Android
Links for the day
Using SLAPPs to Cover Up Sexual Abuse and Strangulation
The exact same legal team of the Serial Strangler from Microsoft and Garrett already has a history fighting against "metoo"
EPO Staff Committee on Harassment in the Workplace
slides
Adding the Voice of Writers to UK SLAPP Reform
The journey to repair antiquated (monarchy era) laws will likely be long
EPO Takes More Money From Staff for Speculation (Pensions), Actuarial Study Explains the Impact
"The key change in this year’s Actuarial Study, due to cascading the new “risk appetite” from the financial study, is a significant increase of the total pension contribution rate of 5.7 percentage points, up to a total of 37.8%. This is driven by an unprecedented decrease in the discount rate of 105 bps down to 2.2%."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 11, 2025
IRC logs for Friday, July 11, 2025
Microsoft - Like IBM - Does the "Relocation" Tricks (Start Over Elsewhere, Then Get Sacked by Microsoft)
It is a "low blow" or a "dick move"
After the Free Software Foundation's Campaign to Raise Money Let's See Campaigns to Finish Off Microsoft (Vista 11, GitHub etc.)
Microsoft is in effect collapsing
Your Publications Have No Major Impact Unless or Until You "Get Some Heat"
we're on the right track
Slopwatch: A Cause for Hope, the Hype is Dying
For about a month we showed that becoming a slopfarm - for several weeks - resulted in utter failure and ruin for BetaNews
Links 11/07/2025: Censorship Worsening, 3D Printing Success Stories, UK and France Unite Around Nukes
Links for the day
Gemini Links 11/07/2025: Zorin OS and Scriptonite Updates
Links for the day
Links 11/07/2025: Hardware, Russia, and China
Links for the day
Links 11/07/2025: Intel Collapsing and Microsoft Resorts to Bribery to Push Slop Via Obligatory Education
Links for the day
The EFF Sided With the Team That Strangles Women and Tells Women to Kill Themselves
They say that apathy and inaction are a form of a "stance"
"Nat [Friedman] and [the Serial Strangler From Microsoft] Were Always Exceptionally Close," Says Former Housemate and Colleague
Now Alex (hiding behind another name when that suits him) not only attacks women but also people who merely report what he did to women
Exemplary List of Things That Are Not Artificial Intelligence or Even Intelligence
The "age of AI" or "era of AI" or "AI revolution" mostly boils down to rebranding, just like "the cloud"
New Letter From the European Patent Office Explains How the Office Plots to Grant Many Illegal Patents, a Self-Fulfilling Prophecy of 'Growth'
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO)
Abuse of Process
5RB is employing people who help violent men
What Microsoft's Nat Friedman and Microsoft Lunduke Have in Common
"Get in da car; No time to explain, loser"
Microsoft and IBM Don't Have Much of a Future (They Mostly Pretend at This Point)
IBM and Microsoft are in some ways alike but in many ways different
It's Not Just Twitter (or X.com) That's Dying, Microsoft's Equivalent is Dying Also
Unable to find a business model
GitHub Copilot Can Cause the Bankruptcy of GitHub to Come Sooner and GitHub to be Shut Down Just Like Skype
Some publicly available information suggests that even for each paid subscriber for plagiarism (LLM 'coding') GitHub Copilot still loses more money than it makes
Wayland is Bad for the Planet
If you use Wayland, it'll take you longer to accomplish tasks and you will consume more energy (or battery life)
Legitimising Those Who Sabotage You
Microsoft is a very malicious company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 10, 2025
IRC logs for Thursday, July 10, 2025
On Microsoft Layoffs
we might be looking at about 60,000 Microsoft layoffs since 2023
EPO Management Already Breaks Its Own Promise (Lie) on "Bringing Teams Together"
This gut-punching move happened just 2 days ago
Gemini Links 11/07/2025: Occupation of 2025 and "Old Man Yells At Soundcloud"
Links for the day
Our Lawsuits Against the 'Cancel Mob' (Ringleaders) Helped Reduce Anti-Free Software Online Abuse
That's not to say that lawsuits are the best way to handle terrible people. But that can help.