Bonum Certa Men Certa

General Electric Healthcare Calls Patent Trolling “Extortion” (Plus Other Patent News)

Cash grab



Summary: Roundup of news about software patents, trolls, and ambush

SOFTWARE PATENTS are a hot topic at the moment because they may either vanish or invade more countries. They are probably the last obstacle for Free software to clear and they seem also like Microsoft's last resort. Here is a particularly good comment on the subject: [via Digital Majority]

Such a set of instructions is an algorithm, so such a patent could fit some people's definition of a "software patent". Of course, you could try to respond to this by defining software as a set of instructions to be performed by a programmable computer. But this overlooks the problem that most technical processes nowadays are computer-controlled. Again, you could try (as some FFII-backed MEPs did during the CII patents directive debate) to restrict patentability to only those technical processes which make use of "forces of nature". The first trouble here is that even "pure software" makes use of "forces of nature" within the microprocessor. Even marketing processes make use of forces of nature governing our brains. So this could become quite a meaningless restriction, and even if it was applied restrictively it would leave, for instance, sound or image processing methods in a grey area. The current approach of the EPO's Boards of Appeal, which is confirmed by the judges of most EPO states, is that for a computer program to be patentable there must be a "technical effect" going "beyond the normal physical interactions between the program and the computer". It is an interpretation which of course leaves a lot of room for debate, but do you have a better alternative? Of course, considering how difficult it is to pin down what a "software patent" actually is, it is difficult to avoid that other debate: why bother? why shouldn't pure software be patentable? what's so special about it in comparison to other areas of technology?


Andre from the FFII has just taken a look at Google's approach to patenting:

And for my field of special interest, patents and standards, yet another patent license text:



Patent License Subject to the terms and conditions of this License, Google and its affiliates hereby grant to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this License) patent license for patents necessarily infringed by implementation of this specification. If you institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the implementation of the specification constitutes direct or contributory patent infringement, then any patent licenses for the specification granted to you under this License shall terminate as of the date such litigation is filed.



There are reasons to believe that the patent system is deficient for more than just software patents as a reason. There are also business method patents at stake, not to mention the fact that there are patent trolls. Here is a new roundup of some of their activity in Texas:

Klausner alleges that six defendant companies are infringing the '576 Patent. The defendants are Qwest, Yahoo, Panasonic, Ribbit Corp., SpinVox and ooma.

The plaintiff also alleges that all the defendants, with the exception of SpinVox, have infringed the '818 Patent.


Klausner is a patent troll that we wrote about many times before [1, 2, 3, 4, 5, 6, 7]. Even a lobbyist for software patents calls what the likes of Klausner are doing "extortion".

“This is a huge problem for companies like ours,” said David Bates, intellectual property counsel for GE Healthcare. “It’s extortion, and we do face (these problems) on a regular basis, and because of the way the system is set up we can’t possibly keep up


Top up this contemporary patent mess with some malicious patent ambush such as Rambus'. Here is a new report on the subject.

Nvidia said Tuesday the US Patent and Trademark Office has initially rejected 41 claims by Rambus that accuse the graphics chip maker of aping its memory controller tech without paying.

The 41 jilted claims relate to seven of the nine patents Rambus alleges have been infringed by Nvidia. The IP-only memory company filed a formal complaint with the US International Trade Commission in November 2008 requesting an investigation it hopes will lead to barring of certain Nvidia kit if royalties or settlement money isn't slipped its way.


Even businesses with real products can be patent aggressors (and offenders), so this is not a problem that elimination of trolls alone would resolve. Scope of patenting and purpose must be revisited to ultimately make economical and ethical sense. Sanity can be restored. Some patents kill people [1, 2].

Recent Techrights' Posts

Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
Free University of Bozen-Bolzano Proud to Host Free Software Talk by Richard Stallman
ahead of Monday's talk
Slopwatch: Anti-Linux Machine-Generated FUD (LLM Slop) From GBHackers, CybersecurityNews, and Guardian Digital, Inc (Google News Promotes Slop Plagiarism, Misinformation)
Companies that lie try to drown out the signal with falsehoods
 
Links 22/02/2025: OpenAI Plans to Possibly Abandon Microsoft, Facebook Doubles Execs' Bonuses While Sacking Thousands
Links for the day
Gemini Links 22/02/2025: Weekend Chill and Programming Thoughts
Links for the day
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.
Links 21/02/2025: Linux Foundation Openwashing, Microsoft Copilot Goes Down
Links for the day
Links 21/02/2025: Doomscrolling and European Ham Radio Show
Links for the day
Links 21/02/2025: TikTok Layoffs, WebOS Software Patents in Bad Hands
Links for the day
Gemini Links 21/02/2025: Web Browsers, Mechanical Shortcuts, and Internet Hygiene
Links for the day
Richard Stallman 'Only' Founded the FSF
there's no reason to be upset at the FSF for keeping their founder in the Board
Techrights Disconnected From the United States Two Years Ago
Did people really need to wait for the US government to become this hostile towards the media before recognising the threat?
Before Trying Censorship by Extortion the Serial Strangler From Microsoft Literally Begged Us to Delete Pages
This is very clearly just a broad campaign of intimidation
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025
gbhackers.com is Not Hackers, It's LLM Slop Outputs (Fake 'Articles') That Attack 'True Hackers'
A site called linuxsecurity.com keeps doing this and now we see the slopfarm gbhackers.com doing the same
Gemini Links 20/02/2025: Law of Warming and Cooling, Health, and Devlog
Links for the day
linuxsecurity.com Continues to Spread Lies or Machine-Generated FUD (Microsoft LLMs Likely the Source) About OpenSSH and Linux
this LLM problem is global
Links 20/02/2025: Microsoft Infosys Layoffs and IRS Layoffs (Good News for Rich Tax Evaders)
Links for the day
IBM Layoffs in Europe Already Happening or Underway (UK and Spain). They Try Not to Call These "Layoffs".
"CIO" in particular was repeatedly mentioned lately, as was Consulting
People Who Came From Microsoft Demanding Removal of Articles About Them, About Microsoft, and About Microsoft GitHub is "Generous" (According to Them)
Imagine choosing a law firm that borrows money in the same year just to avoid overdraft in the bank!
Possibly a Third Round of Mass Layoffs at Microsoft in 2025 ("Cloud Solution Architects, Customer Roles"), Report Removed or Censored
This is literally the top story for "microsoft layoffs" right now
Instead of 'DoS Protection' Cloudflare is Allegedly Conducting 'DoS Attacks' on Users of Browsers Other Than Firefox and GAFAM's DRM Sandboxes (Chrome, Safari and Others)
If you value the Web, you will avoid Cloudflare
Mixing Real With Fake in One 'Article' (by "Director of Content, Help Net Security")
From what we can gather, he got machines to generate some slop for him
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 19, 2025
IRC logs for Wednesday, February 19, 2025