Bonum Certa Men Certa

Patents Roundup: Google Versus Patent Trolls, Patents Unrest, Microsoft's Friend Fraunhofer to Report on Software Patents in Europe

Fraunhofer



Summary: Lawyers masquerading as innovators lose their case against Google; many new reports from the US show a patent case against search engines; Europe still faces risks of UPLS and India's CIS protests against software patents

THERE is a lot of patent news we haven't found the time to cover, so here it is very quickly.

United States



Google's important patent trial involves "a pair of entrepreneurs with one failed business idea [and] almost no computer programming experience," to use the words of the president of the FFII, Benjamin Henrion (or as TechDirt put it, "Google Fights Back And Wins Against Bogus Patent Lawsuit From Guy Who Couldn't Even Code His 'Invention'"). Here are some of the details:

This week: the software giant's hard-nosed strategy for dealing with patent-holding plaintiffs gets put to the test—and proves successful.

Late last month, Google won its first patent infringement lawsuit to go to a jury trial, in the Eastern District of Texas. The plaintiff was Function Media LLC, a patent holding company owned by husband-and-wife inventors Michael Dean and Lucinda Stone. Unlike like many of those who file patent suits in the plaintiff-friendly venue, Dean and Stone actually live in the Eastern District, residing in Tyler.


"A "disturbing" number of the lawsuits come from companies controlled by patent lawyers, sometimes asserting the lawyers' own "inventions"," says Henrion. But Google has also just been sued by a real company whose implementations Apple and Microsoft famously copied:



Last Friday, Xerox filed a lawsuit seeking compensation over patent-infringement claims. The copy giant claims that Google and Yahoo have been using its own technology for search queries and data integration. A spokesman for Xerox said that, following failed jaw-jaw, it was time for war-war.


Google is no innocent victim though. Hadoop's patent issue is one that we wrote about last week when we called Google to stop patenting of software. Google perhaps insists that Hadoop is "safe", but this is not a legal guarantee and there is no reason for one company to be put at the mercy of another because of the burden of patents.

In mid-January, Google won a patent for MapReduce, the distributed data crunching platform that underpins its globe-spanning online infrastructure. And that means there's at least a question mark hanging over Hadoop, the much-hyped open source platform that helps drive Yahoo!, Facebook, Microsoft's Bing, and an ever-expanding array of other web services and back-end business applications.

Hadoop is based in part on a MapReduce research paper Google published in 2004, about six months after it applied for the patent.


Here is an opinion piece just published by IDG. It calls for elimination of software patents.

Software patents make no sense. Like music, art, and other creative pursuits, software is almost always derivative work. There is not a chance in hell that Facebook invented this idea. I am certain there have been social news feeds around for at least a decade or more. I am not going to spend the time finding all the prior art, but I am sure there are patent lawyers doing that already for various social networks who are now potential subjects of patent litigation from Facebook.


The Washington Post has another new opinion piece that speaks of "dangers of over-zealous intellectual property cops" and says:

The industrial inventors of the nineteenth century, too - heirs to the heroic ideal of James Watt - would have understood today's enforcers. They complained loudly that patents needed to be easier to police and longer-lasting, denouncing rival industrialists as piratical. Their campaign to secure patentees' prerogatives had many implications, one of which was the passage of Britain's first modern patent law.

But it also sparked a counter-campaign to abolish patenting altogether. Led by Victorian Britain's principal arms manufacturer, it denounced the very idea of a patent as monopolistic, retrogressive, and philosophically absurd - and it identified the practice of enforcement as a serious impediment to the nation's progress. Although it came very close to triumphing (and a parallel bid in the Netherlands did triumph), the campaign against patenting eventually failed.

[...]

In principle, there is no reason why not. Conflicts over intellectual property in its various domains -- gene patenting, GMOs, pharmaceuticals, and digital media, to mention only a few -- are an everyday presence. Criticisms and piratical practices in any of these realms have the potential to ramify into major challenges to the conceptual structure of modern intellectual property itself. What has been missing so far has been a sufficiently general trigger. The practice of policing could supply it. It would be ironic if the greatest revision of intellectual property's nature in 150 years were to be set in train by the very measures adopted to preserve it sacrosanct.


"A counter-campaign to abolish patenting altogether, it denounced the idea of a patent as monopolistic retrogressive absurd," adds Henrion to the above.

This patent system has been hijacked by lawyers who do not invent anything but instead just feed on the system. "Patent Watchtroll" (lawyer/lobbyist for software patents, Gene Quinn) says: "Patent attorneys have always been at least one step ahead, and even if the Supreme Court tries to kill software patents we will figure out a way to characterize it so that it will be patentable."

“This patent system has been hijacked by lawyers who do not invent anything but instead just feed on the system.”Here is Black Duck's CEO Tim Yeaton (former marketing person at Red Hat) explaining or at least justifying [1, 2] the application for a software patent that his company received rather than acquired. It's the usual excuses. Red Hat is not innocent, either. In fact, it participates in Peer-to-Patent and Henrion says that "those who invest in projects like Peer-to-Patent are part of the conspiracy."

Here is Activision getting slapped for game patent violations [via]:

The immense popularity of musical video games such as Guitar Hero, Band Hero and DJ Hero appears to have generated some unwanted attention for Activision Publishing, Inc. ("Activision"). In particular, on February 12, 2010, Patent Compliance Group, Inc. ("PCG") filed a qui tam action against Activision, alleging that Activision has falsely marked many of its video games including Guitar Hero 5, Band Hero, DJ Hero and Guitar Hero Smash Hits (collectively "Activision video game products") as patented or patent pending.


BerryReview wonders if the BlackBerry flashlight application can be patented too.

Now I am curious what you all think. Even if it were possible should developers be able to patent a way of performing a function programmatically on your BlackBerry? I personally think that would be ridiculous and I know for a fact that it is VERY difficult to get a software patent. From what I understand at most developers can get copyright for the written code but that is only relevant if another person copies the actual code which is hard to prove…


There seems to be this silent consensus that the patent system does not serve the interests of the right people. "The USPTO grants patents for business methods, so that you can exclude your competitors from doing business the same way," adds Henrion with some timely proof.

Europe



Software patents may become a problem in Europe unless they are fought against. Henrion has collected a lot of new evidence that includes his observation that the "European Commission awards study on software patents and standards to Fraunhofer, OOXML proponent and Microsoft proxy"; to quote the relevant part:

V.3) NAME AND ADDRESS OF ECONOMIC OPERATOR IN FAVOUR OF WHOM A CONTRACT AWARD DECISION HAS BEEN TAKEN:

Fraunhofer-Gesellschaft zur Förderung der Angewandten Forschung e.V. as legal entity acting for Fraunhofer Institut für System- und Innovationsforschung, Hansastraße 27 c, 80686 Munich, GERMANY.


Fraunhofer consistently serves Microsoft's interests. Henrion has also noticed that "BusinessEurope [is] pushing for patent harmonisation with Free Trade Agreements" and a "conference in Starsbourg [PDF] [will cover] the UPLS central patent court and software patents via the backdoor"; then there is what he considers "the European Commission's report [PDF] [which is] hostile to Free Software, promoting software patents in standards and the undefined RAND term"

We at Boycott Novell are very grateful to Henrion, who caries on along the footsteps of Hartmut Pilch. As Pilch put it at one point, Microsoft is part of the problem; it has been a major part of it for a long time.

India



Over in India, Microsoft and other companies are trying to legalise software patents (Microsoft is unique among the lobbyists). CIS has just issued this lengthy statement opposing software patents.

CIS believes that software patents are harmful for the software industry and for consumers. In this post, Pranesh Prakash looks at the philosophical, legal and practical reasons for holding such a position in India. This is a slightly modified version of a presentation made by Pranesh Prakash at the iTechLaw conference in Bangalore on February 5, 2010, as part of a panel discussing software patents in India, the United States, and the European Union.


As we showed in an earlier post, ACTA strives for an overhaul on an international level. It's important to keep an eye open.

Recent Techrights' Posts

Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
 
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026
SLAPP Censorship - Part 16 Out of 200: Detailing the Actors and Explaining Techrights' Own Internet Relay Chat (IRC) Network
For those who have not followed our story
Microsoft "hiding behind bigger news of war, Epstein, other companies' layoffs"
They know what's coming, they just don't know when
Joerg Jaspert (Debian Account Manager/DAM) personally approved Raphael Hertzog's wife Sophie Brun
Reprinted with permission from Daniel Pocock
Letter 'A' prohibited by Code of Conduct extremism
Reprinted with permission from Daniel Pocock
Spoiler: Diversity & Debian means different things to different people
Reprinted with permission from Daniel Pocock
Solicitors Regulation Authority (SRA) Admits Failures and Criticism of Inaction on SLAPPs
many if not all solicitors and solicitor firms in the UK are in effect unregulated
Archiving or Preserving Pages About IBM Layoffs
Layoffs at IBM and the media does not talk about these
ABC, the American National Broadcaster, "Now Publishes Slop"
If the "big media" absorbs slop, it'll no longer be trusted and therefore not read/watched by the public
Links 19/03/2026: Culling Deepfakes of Artists’ Music and "Age Verification Isn’t the Answer"
Links for the day
Gemini Links 19/03/2026: "Aktion GPT-4" and "Kill All Descendants"
Links for the day
"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
gets paid to do this
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day