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

Reddit as a Hive of Trolls, Social Control Media Curated (Many Voices Censored and Banned) by Marketing Firm of GAFAM
Typical Reddit
The Solicitors Regulation Authority (SRA) Delusion - Part III - Women Failing Women to Help Violent Americans From Microsoft
Summed up, SRA will gladly prioritise the "legal industry" over women strangled, raped etc
The World Gets Smaller, as Does Its Real Economy ('Human Resources') and So-called 'Natural Resources' (What Humans Call the Planet)
Don't talk about "AI"
Converting FOSDEM Talk on Software Patents in Europe Into Formats That Work for "FOS" and Don't Have Software Patent Traps
transcoded version of the video
Biggest "AI Companies" (Meta, Alphabet, Microsoft) Borrowed (Additional Debt) About $100,000,000,000 in a Year
Who will be held accountable for all this?
In 2009 Microsoft Was Valued at ~150 Billion Dollars, Now They Tell Us Microsoft Lost ~1,000 Billion Dollars in Value. Does That Make Sense?
Or Microsoft lost 700 billion dollars in "value" in less than two weeks
Microsoft Stock Crashed When Alleged Vista 11 Numbers Disclosed
And last summer Microsoft indicated that it had lost 400 million Windows users
 
Links 07/02/2026: Misinformation by Slop, Overrated Slop Causes Stock Market Panic
Links for the day
Gemini Links 07/02/2026: Diode Function Generators and Panic Over Buzzwords and Slop
Links for the day
A Can of WORMS - Part III - Envying the Influence and Accomplishments of RMS, Socially Deleterious Attacks on Popular Movements
the actions are deliberate and coordinated, not some 'organic' or grassroots behaviour
Crisis teams assembled as financial regulators anticipate Bitcoin implosion
Reprinted with permission from Daniel Pocock
Links 07/02/2026: More White House Racism, "Europe Accuses TikTok of Addictive Design"
Links for the day
Silent Mass Layoffs: It's Not the Revolution, It's the Loophole and the Hack ("Low Performers" or "Underperformers")
Layoffs by another approach
Mark Shuttleworth (MS) Pays Salaries to Microsoft (MS) Employees
Canonical selling Microsoft
Links 07/02/2026: Windows TCO Rising, Lousy Patents Invalided
Links for the day
Microsoft Leadership: Stop Taxing Us, Tax Only Poor People
Does Microsoft create jobs?
In Case You've Missed It (ICYMI), Google's Debt More Than Doubled in a Year
Wait till it "monetises" billions of GMail users with slop
PIPs and Silent Layoffs at IBM (and Red Hat) Still Going on, It's "Forever Layoffs" (to Skirt the WARN Act)
American workers out
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 06, 2026
IRC logs for Friday, February 06, 2026
Stressful Times for Team Campinos ("Alicante Mafia") at Europe's Second-Largest Institution
Keep pushing
Growing Discrimination in the European Patent Office (EPO)
it's a race to the bottom, basically
Google News Drowning in (or Actively Promoting) Slopfarms Again
LLM slop is a nuisance
Gemini Links 07/02/2026: "Choosing a License for Literary Work" and "Social Media Is Not Social Networking (Anymore)"
Links for the day
Gemini Links 06/02/2026: Git and Email Patches; MNT Pocket Reform
Links for the day
Geminispace Net Growth in 2026 About a Capsule a Day
A pace like this means net gain of ~300 per year, i.e. about the same as last year
It's Not About Speed, It's About the Message (or Its Depth)
Better to write news than to just link to news if there's commentary that the news may merit
Benjamin Henrion Warned About the Illegal and Unconstitutional Unified Patent Court (UPC) in FOSDEM 2026
Listen to Benjamin Henrion
Economies Crashing Not Because of Slop Improving 'Efficiency' (That's a False Excuse) and 'Expensive' (Read: Qualified) Workers Discarded in Race to the Bottom
Actual cocaine addicts are pushing out moral people
IBM's CEO Speaks of Layoffs, Resorts to Mythical (False) Excuses
This has nothing to do with slop
Links 06/02/2026: Voter Intimidation and Press Shutdowns in US, Web Traffic Warped by LLM Sludge
Links for the day
Does Linux Torvalds Regret Having Dinners With Bill 'Russian Girls' Gates?
See, the rules that govern the Linux Foundation and its big sponsors aren't the same rules that apply to all of us
IBM: Cheapening Code, Cheapening Staff, Cheapening Everything
IBM's management runs IBM like it's a local branch of McDonald's. IBM is a junk company with morbid innards.
GNU/Linux Measured at 6% in One of the World's Largest Nations
Democratic Republic Of The Congo
Linux Foundation Operative Says We and Our Software All "Owe an Enormous Debt of Gratitude" to a Software Patents Reinforcer
The only true solution is to entirely get rid of all software patents
Mobbing at the European Patent Office (EPO) - Part IV - EPO Can Get Away With Murders, Suicide Clusters, and Systematic and Prolonged Bullying by 'Team Campinos' ("Alicante Mafia" as Insiders Call It)
Nobody in the Council or the EU/EC/EP gives a damn as long as laws are broken to fabricate 'growth'
Jeff Bezos Isn't Just Killing the Washington Post, He's Killing Thousands of News Sites/Newsrooms (in Dozens of Languages) That Rely on It for Many Decades Already
Not just slopfarms; even the Ukraine-based reporters are culled by Bezos, who's looking to please the dictators of the world
Central Staff Committee Confronted António Campinos for Giving His Cocaine-Addicted Friend Over 100,000 Euros to Do Nothing, Just Pretend to be Ill, While Cutting the Salaries of Everybody Else
"On the agenda: Amicale framework & Financial assistance for courses"
How to Win Lawsuits in 5 Simple Steps
Keep issuing threats every week and send 60 kilograms of legal papers to the target
More Than 99% of "AI" Companies Aren't AI, They're Pure BS
We need to discard those stupid debates about "AI" and reject media that gets paid to participate in such overt narrative control (manipulation like The Register MS)
AI Used to Save Lives, Now "AI" is a Grifting Scheme That Burns the Planet and Will Crash the Economy
What the media calls "AI" (it gets paid to call it that) is the same stuff that could instead be dubbed "algorithms"
Living in Freedom When 'False Flag Operations' Like EFF Get Captured by Billionaires to Take Freedom Away
There are many ways to think of Software Freedom
Amutable is a Microsoft Siege Against Freedom in GNU/Linux, Just Like the People Who Brought You 'Secure Boot' Controlled by Microsoft
Do whatever is possible to avoid Amutable and its "products"
Growing Focus on Publication
Over the past ~10 days we always served more than a million Web hits per day
"Going to be a large number of Microsoft layoffs announced soon"
Everybody knows a giant wave of layoffs is coming Microsoft's way
End of the 'GPU Bubble' and NVIDIA Finally Admits It Won't Bail Out Microsoft OpenAI Anymore
circular financing (financial/accounting fraud)
Corrupt Media Won't Hold Accountable Rich People for Role in Pedophilia
Journalistic misconduct or malpractice is a real thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 05, 2026
IRC logs for Thursday, February 05, 2026
EPO Management ("Alicante Mafia") Not Properly Sharing Information on Scale of Strikes by EPO Staff
disproportionate (double) deductions in salaries against people who participate in strikes, which are protected by law
Gemini Links 06/02/2026: Slop/Microslop, Home Assistant, and Valid Ex Commands
Links for the day
Blackmail evidence: Debian social engineering exposed in ClueCon 2024 talk on politics
Reprinted with permission from Daniel Pocock
Bitcoin crash: opportunity or the end game?
Reprinted with permission from Daniel Pocock
Changes at the Solicitors Regulation Authority (SRA)
SRA is basically a waste of money
Claims That IBM Will Lay Off 20% (or 15%) of Its Workforce This Year Unless It Finds a Way to Push Them All Out by Threats, Shame, Guilt
Where are the articles about IBM layoffs?
IBM Isn't a Serious Company Anymore, It's a Ponzi Scheme Operated by a Clique and It Misuses Companies It Acquires to Prop Up or Legitimise the Scheme
IBM seems like it's nothing but a "Scheme"
Google News Drowning in Slop About "Linux" (Slopfarms Galore)
Google should know better than to link to any of these slopfarms, but today's Google is itself a pusher of slop
Links 05/02/2026: EU Commission Gutting Net Neutrality
Links for the day
Gemini Links 05/02/2026: NixOS Books and Monochrome Emojis
Links for the day
Links 05/02/2026: Canadian Government Uses US LLMs to Override Expert Opinions, NVIDIA Troubles Due to Enablement of Mass Plagiarism ('Piracy') Misleadingly Obscured as "Hey Hi"
Links for the day
Explaining the Letter From JUDGE SYKES FRIXOU, Threatening Me Around the Time GNOME's Nat Friedman Lost His CEO Job at Microsoft GitHub and His Best Friend Got Arrested for Strangulation
this letter (with annotation) is critical
Linuxiac Not Rehabilitated, It's Still Full of LLM Slop (Part of a Trend)
The Web as a resource/source of information is perishing
"Sponsored by Azul" to Write Fake 'Article' About Azul, Quoting Azul Itself
The "journalism" industry [sic] became so utterly corrupt
JuristGate is for sale: three billion Swiss francs for a domain name
Reprinted with permission from Daniel Pocock
Like Microsoft and IBM, the 'Alicante Mafia'-Governed EPO Does PIPs Nowadays (at the EPO, It's "Professional Incompetence Procedure")
So "PIPs" are definitely in the EPO and we saw letters sent to staff
Time for Change, More New Articles, Less Curation
The oligarchy wants to gut the real press and replace media with slop and social control media (or social control media with slop in it, i.e. their own voices, mechanised)
Gemini Links 05/02/2026: Coercion, Antibiotics, and LVDT Project
Links for the day
Almost 1,600 EPO Employees Went on Strike Last Week
There is another strike coming 2.5 weeks from now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 04, 2026
IRC logs for Wednesday, February 04, 2026