Bonum Certa Men Certa

Patents Roundup: New Conferences, Oink of the Patent Lawyers in New Zealand, and TurboHercules' Secret Home in 701 Fifth Avenue, Suite 4200 Seattle, WA 98104

TurboHercules



Summary: The latest software patents news from New Zealand, Europe, the United States, and an American Microsoft proxy that pretends to be European (near the Commission)

LATER this week -- on Thursday to be precise -- people will speak about patents at the 2010 Linux Foundation Collaboration Summit. The list of speakers is interesting because it includes some lawyer types who do not oppose software patents.



The EPIP conference is also looking for paper submissions. Emphasis will be put on Free software and software patents, oddly enough (because the conference is in Europe).

This year an emphasis will be given to the issues of IPR and development and open source. Papers addressing the challenges encountered by developing countries in the context of the TRIPS (trade related aspects of intellectual property rights) agreement, the protection of traditional knowledge, the issues of IPR and health and access to knowledge in developing countries, and the challenging view of the open source alternative to IPR will be particularly welcome.


Over in New Zealand, it's mostly the lawyer types who stifle a necessary reform that would explicitly forbid software patents [1, 2, 3, 4]. Watch the following new video from New Zealand (NZOSS) and listen to the background sounds.

12M





Direct link



Here is IDG's latest update on the situation in New Zealand:

Commerce Minister Simon Power says the Government will back changes proposed by a select committee that will mean computer software can no longer be patented.

Parliament's commerce select committee proposed amending the Patents Bill, which passed its first reading in May last year, after receiving many submissions on the controversial issue.


As we pointed out a couple of days ago, Judge Stevens is retiring and this is a big deal because of his involvement in the Bilski case. The president of the FFII, Benjamin Henrion, shows that a "Patent Attorney is afraid of Judge Stevens for writing Bilski decision, hopes he retires soon" (well, he got his wish fulfilled).

Henrion has also spotted IPKat's new essay on what he calls "the UPLS attempt to validate software patents in Europe" (the former can facilitate the latter).

"Where are we now?" is the question on everyone's lips when it comes to the long trek from national patents alone to the desired destination, the Promised Land of the single patent for the European Union and a centralised and harmonised patent litigation system. Explaining the background, Oliver Varhelyi (Head of Unit, DG Internal Market and Services, European Commission) described the legal bases on which the form and substance of the agreed new regime could be reached through a combination of unanimous and majority votes.


We cannot quite avoid speaking about the curious case of TurboHercules -- a case that we've covered in :

  1. Microsoft Proxy Attack on GNU/Linux Continues With TurboHercules
  2. Eye on Security: Windows Malware, Emergency Patches, and BeyondTrust's CEO from Microsoft
  3. IBM Uses Software Patents Aggressively
  4. IBM's Day of Shame
  5. IBM Will Never be the Same After Taking Software Patents Out of Its Holster
  6. Thumbs up to Ubuntu for Removing a Part of Microsoft; TurboHercules Likely a Psystar-Type Microsoft Shell
  7. Why IBM Does Deserve Scrutiny (Updated)
  8. Patents Roundup: Fordham Conference for Software Patents in Europe, NZOSS Responds to Pro-Software Patents Lobbyists, and TurboHercules' Ties With Microsoft Explained
  9. Florian Müller Seemingly Connected to CCIA (Microsoft Proxy)


Intel's heinous crimes did not prevent HP from getting closer to Barrett this month (he is among the key people who attacked OLPC), but we were more interested in understating HP's possible role in the TurboHercules case. Groklaw has just explained this relationship. It's great work from Pamela Jones; in fact, many updates on her previous post show that TurboHercules used a simple trick to pull the list of patents from IBM. The closer one looks, the worse it looks for TurboHercules, whose location is elucidated as follows in one of the comments:

I am purposefully not making these links HTML clickable so there won't be referring clicks from Groklaw. You can copy them into your browser to verify if you want to.

The TurboHercules website is at http://www.turbohercules.com where it is clearly the right site, talking about the TurboHercules emulator and founder Roger Bowler. The About Us page at http://www.turbohercules.com/about/ has their Paris, France address.

At http://www.turbohercules.com/resources/permalink/turbohercules-overview/ is a link to the PDF of a whitepaper http://www.turbohercules.com/uploads/main/TurboHercules_Overview_1.pdf "TurboHercules Overview: A Quick Overview of the TurboHercules System" which at the bottom of the cover page lists the address "TurboHercules Inc. | 701 Fifth Avenue, Suite 4200 Seattle, WA 98104"

There is also a marketing brochure at http://www.turbohercules.com/uploads/main/Turbohercules_Brochure_IDF_1.pdf that has the same address. An interesting snippet from it: "TurboHercules has approached IBM to consider making available to its mainframe customers a license for IBM operating systems on the Hercules platform."


As Groklaw shows, it is also a Windows company, not quite an "open source" company as Florian Müller and others from that same ilk want reporters to believe (Müller has failed to properly deny his role).

All in all, patent law is broken, yet some people mischaracterise the problem by pointing their finger in the wrong direction. Mike Masnick responds:

This is a problem that happens all too often in these discussions. Folks who don't know much about how innovation really occurs in the tech world, and who falsely conflate concepts in tangible property with a completely different government-granted monopoly right -- automatically assume that infringement is the equivalent of "stealing." Are there cases where big companies "copy" an idea from a small company? Yes, absolutely. But it's a lot more rare than many make it out to be. The really innovative ideas? Those are the ones that big companies don't even realize are big ideas until it's too late.


Very few people who are developers would deny their disdain of software patents; it's mostly them who matter, but it's rarely them who vote on the subject. The "Litigation Industrial Complex" runs this show.

"Small Software companies cannot afford to go to court or pay damages. Who is this software patent system for?" —Marco Schulze, Nightlabs Gmbh

Recent Techrights' Posts

Gnome Foundation Inc is in Trouble
the agenda is set GAFAM and IBM rather than donors
SLAPP Censorship - Part 22 Out of 200: When You Complain People Impersonate You in IRC (But You Yourself Impersonate People in IRC and Lock Them Out of Their IRC Handles)
We'll cover this with direct evidence some time soon
The Empty Suits of IBM Managers (NIH or "Nothing Invented Here")
IBM's management adopted the business model of parasites
 
EPO's "Current Industrial Actions Are Likely to Intensify Further."
There is another strike in 5 days
This Morning The Register MS Published Slop Promotion With the Term "AI" 15 Times In It. The Register MS Was (As Usual) Paid to Do This
This is not a serious publisher
SLAPP Censorship - Part 23 Out of 200: We Were Right All Along (for 2 Years) About Third Party Funding and Willingness to 'Break the Bank' in Pursuit of "Revenge"
How much damage can a person do to oneself in pursuit of cover-up of legitimate technical concerns?
Links 25/03/2026: Airports Further Militarised, "Slopification and Its Discontents", Microsoft 'Open' 'Hey Hi' Shutting Things Down
Links for the day
Gemini Links 25/03/2026: Blogging Fright and Absolutely Useless 'Apps' Made by Slop Machines
Links for the day
Rise in Energy Prices Will Significantly Accelerate the Death of So-called "AI Companies"
It should be noted that fake news about Microsoft OpenAI doubling workforce (mere words, not actions) can serve as a nice distraction from the death of Sora due to divestment
It's Always a Question of Trust
There's a widespread stigma of lawyers being manipulative and chronically dishonest
Solicitors Regulation Authority (SRA) Must More Carefully Investigate or Assess the Financial State of Law Firms in the UK
We'll cover this in depth in the future
GAFAM Mozilla Removes Theora Support, Now GNU Needs to Re-encode Videos
Mozilla used to mean something to Free software advocates
An Open Admission Profits Depend on Addiction
Proprietary software tends to be like this
IBM Americas President Ayman Antoun Comes to OpenText, Weeks Ahead the Mass Layoffs Begin
Is that what IBM will be good at?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 24, 2026
IRC logs for Tuesday, March 24, 2026
Gemini Links 24/03/2026: Junk Drawer Time Capsule and Building Outside Alire
Links for the day
Not Much LLM Slop About "Linux" Lately, It Only Ever Comes From the Same Few Sites
As long as only few such sites use LLM slop we can skip and avoid them
Links 24/03/2026: "Epic Lays Off Over 1000 Employees" and US in Financial Trouble According to the Fed
Links for the day
The "Media" Does Not Only 'Miss' Mass Layoffs
"The Treasury just declared the U.S. insolvent. The media missed it"
2012: 'Secure' (Microsoft-Controlled) Boot Has Not (Yet) Been Made Obligatory. 2026: systemd Has Not Implemented Age Verification
should we stop calling "nazi" everyone we don't agree with?
More Threats (Including Physical Threats) Against Us Are a Dumb Move
It's like a "hit list" (targets list) and I shall keep the police duly informed
New Example of Pentagon in "Feminist" Clothing Inside Fake News of Publishers Paid to Promote Outsourcing to US ("Clown Computing") and American Slop
Google now pays money to promote Google as a friend of women
Hating Techrights is a Career
but is it good for civil society?
Dr. Stallman’s Work Will Never be Considered 'Mainstream' Because He Rejects and Works Against the So-called 'Mainstream'
Try to be more like Stallman
The New Layoffs: 'Silent Layoffs', 'Secret Layoffs', 'Quiet Layoffs', 'Passive Layoffs' 'Stealth Layoffs', and Unannounced Layoffs Disguised as Return-to-Office (RTO Mandates)
The US needs to revisit and fix the WARN Act
EPO "Cocaine Communication Manager" - Part IX - Cocaine Addicts in Charge of the EPO Attacking Families of EPO Staff
Things like being high-profile and being a serious drug addict aren't opposites
What Feminism in Science Means (Codes of Conduct Don't Tackle the Real Issues)
Universality matters, more so in a project or community that's said to build the "universal operating system" (Debian)
SLAPP Censorship - Part 21 Out of 200: It's About Behaviour Online, Not How Much Money From Shadowy Third Parties Gets Spent on Lawyers and Two Barristers
75+ KG of legal papers, 2 cases, 2 barristers (one hiding in the metadata) and maybe two law firms (also hiding in the metadata) against two modest people in Manchester seems disproportionate and vindicative
Links 24/03/2026: "Airports on ICE" and "Have You Paid Your “Intuit Tax”?"
Links for the day
Gemini Links 24/03/2026: Slop Interview and Why Slop Makes Lousy Code
Links for the day
Richard Stallman to Give Public Talk This Thursday at the University of Bologna (Italy)
Hardly the first time he speaks in Bologna
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 23, 2026
IRC logs for Monday, March 23, 2026
Gemini Links 23/03/2026: "Mandatory" Bad Things and Dangers of Perfection Aspirations
Links for the day
SLAPP Censorship - Part 20 Out of 200: All Roads Lead to Rome and to GAFAM Funding
Now about 10% into this series
Last Week's EPO Strike Was the Biggest (Highest Participation Rate), Hours Ago General Assembly Discussed Next (Growing) Intensity of Strikes
Well done and well attended
Mass Layoffs at HashiCorp, IBM Hid Them
The media did not mention those layoffs
Microsoft Downgraded on Concerns (Lack of Growth) Amid Silent Layoffs in 2026
The press isn't functioning anymore
Links 23/03/2026: Gulf Water at Risk, Heatwave in Malaysia
Links for the day
Slop Means False, New Article by Cybershow
"We are living in a world that is rapidly divesting from reality."
Debianism election 2026 community poll created, everybody can vote
Reprinted with permission from Daniel Pocock
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026