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

IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?
Giving a Voice to the Community (Even When It's Inconvenient or 'Scary')
Once upon a time we were threatened with deplatforming for merely reposting articles by Daniel Pocock; we no longer have this problem
 
Fake IBM Retirements (IBM Gives Older Workers Ultimatums, Deadlines, and Carrots on Sticks)
As they point out, IBM is desperate to lower costs
Linuxiac is Basically a Fake News Site, But It's Being Fed by Google News
Because Google News is run by Google, a slop pusher
Links 25/01/2026: Slop "Tribalism", Nike Apparently Cracked
Links for the day
Claims That PIPs Are Abused for Silent Mass Layoffs at IBM (Without Severance) or Forced Retirements
Performance Improvement Plans (PIPs) "clearly bogus as everyone on my team who has been on one has been fired"
WebM Version of Richard Stallman's Latest Talk (Georgia Tech Talk)
The file size is smaller
After Half a Decade Vista 11 is Still a Giant Failure
Don't expect Microsoft to gain a foothold
Details on IBM Layoffs in the EU Last Week, Same Allegedly Coming to the US Shortly
"Around 50 people affected in Belgium."
Technology Trends Driven by DRM Giants, Planned Obsolescence, Not the Needs of the Buyers
The "pushers" think of customers as "users"; and they encourage passivity, Stockholm Syndrome
Links 25/01/2026: Microsoft BitLocker Backdoored for Decades Already, Microsoft-Backed ICE Still Murders Civilians
Links for the day
Gemini Links 25/01/2026: "Expert in a Dying Field" and Global Commands
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
Projection of Fanatic From Microsoft
Microsoft Lunduke is pandering to the 4Chan 'crowd'
Digg.com (Digg) is a Censorship Platform, Just Another Social Control Media/Network, Controlled by the Few
We are not going to bother with any social control media
Spam, Slop, and Fake 'Articles' Regarding "Linux"
Serial Sloppers like these are harming real reporting about Linux and GNU
Rape investigation dropped: Will Fowles & ALP transgender deception
Reprinted with permission from Daniel Pocock
Diversity, Grooming & Debian transgender Zero
Reprinted with permission from Daniel Pocock
Pauline / Maria / Alice Climent(-Pommeret) & Debian transgender offensive cybersecurity deception
Reprinted with permission from Daniel Pocock
Did judge with transgender sister & Debian conflict of interest help cover-up a death?
Reprinted with permission from Daniel Pocock
Links 24/01/2026: CBS News Demolished From the Inside and Many Publishers Admit Layoffs
Links for the day
Gemini Links 24/01/2026: Dreams and Raspberry Pi Zero 2W
Links for the day
Richard Stallman's First Talk in US College Since 2018: Videos and Photos
There are some backstories
Judge Richard Oulevey (Grandcour Choeur, Tribunal Vaud) & Debian shaming abuse victims and witnesses
Reprinted with permission from Daniel Pocock
Judgment: French army vanquishes German FSFE on Hitler's birthday, Microsoft contract dispute (1716711)
Reprinted with permission from Daniel Pocock
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
Links for the day
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026
Senior management and HR email privacy: Martin Ebnoether (venty), Axel Beckert (xtaran) & Debian abuse in Switzerland
Reprinted with permission from Daniel Pocock
Pierre-Elliott Bécue, ANSSI & Debian cybertorture
Reprinted with permission from Daniel Pocock
MJ Ray, Micah Anderson & Debian on drugs, prostitution at DebConf6 fight
Reprinted with permission from Daniel Pocock
Excellence in Ethics: a list of victories for the truth
Reprinted with permission from Daniel Pocock
Richard Stallman Giving Public Talk, Answering Questions From the Audience
We understand (from the organisers) that there will be a video of the talk
Forbes Covers in 2026 What Was Already Clear for Over a Decade: Microsoft's BitLocker 'Encryption' is a Back Door
One that's promoted by the loudest boosters of UEFI 'secure boot' as well
The Grapevine Says IBM's American RAs (Mass Layoffs) Soon to Follow European RAs, PIPs and "Reviews" as Pretext for a Likely Baseless Dismissal
The days of honourable corporations and work ethics are long gone it seems...
Links 23/01/2026: Minus 24 deg C in South Korea, "Iran Internet Blackout Passes Two-Week Mark"
Links for the day
Gemini Links 23/01/2026: "Witch Watch" and English on the Net
Links for the day
Reminder That "Linux" in the Site's Name (and Domain) Does Not Imply Authentic Journalism About GNU/Linux
the sad fact that some once-legitimate sites became slopfarms
Further Comments Illuminate Observations Regarding IBM's Layoffs (RAs) Plan for Europe
Some shed light on the expected scale
Links 23/01/2026: Growing Censorship, Intel Falls (Another Bubble, Propped Up by Cheeto Bailout), and Huge GAFAM Layoffs Continue
Links for the day
Working for Freedom Makes You a Target
it's not about what you do but about who gets served
Appeasing Bullies Doesn't Work
The reason we're still here and very active is that we're good at what we do
Claim That IBM Mass Layoffs Began Again in Europe, With Rumours It'll Close Offices
Unless IBM issues a statement (admission) to the media or issues WARN notices (in the US), the lousy media will simply assume - however wrongly - that nothing is happening and there's nothing to report
How Microsoft Will Tell Shareholders That the Business is Failing in a Few Days
It'll resort to "AI" storytelling (lying about slop having potential for some unspecified future year)
Flying to See Today's Talk by Richard Stallman
It's probably not too late to reserve a seat for today's talk
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026