Bonum Certa Men Certa

Patents Roundup: EmDebian Considers OIN Membership, EBoA Makes the Legal 'Industry' Happy, Phones Industry Harmed by Patents

Hercules



Summary: Teams of embedded Debian users/developers may want a shield from software patents; Europe does nothing to stop software patenting; patent lawyers and the patents they crave prove harmful to development of "best" mobile phones

Benjamin Henrion (FFII) says that "EmDebian [is] considering joining the Open Invention Network," based on this new message:

OIN is the open innovation network, a patent defence group set up in 2005 by IBM, phillips, Red Hat, Novell, NEC and Sony to create a patent pool for defending Linux.

They are now keen to have proper free-software people and projects join up, especially in the Embedded space which is shaping up for a big fight over the next few years as the incumbents realise Linux has eaten their businesses. This could easily get dirty (i.e. have incumbent vendors resort to their patent portfolios to hang on past their natural time - (in the way that SCO did, although they tried to use copyright rather than patents).


Henrion is trying to tell them that "collective patent pools and shields do not work against trolls" (with special exceptions [1, 2, 3, 4, 5, 6]).

Enlarged Board of Appeal (EBoA) Decision Loved by Patent Lawyers



Wednesday's disappointment from the EBoA is already being covered all around Europe, especially by the legal 'industry'.

Patent attorneys seem pleased with the outcome, which lets them carry on doing what they did before, including the patenting of software using known loopholes.

To be honest, the decision was pretty much expected: the European Patent Office (EPO) has been taking a fairly consistent approach to computer-implemented inventions and has a growing body of learning materials on the subject.


Another 'IP' attorney says that "Enlarged Board of Appeal confirms approach to controversial software patents." More from patent lawyers:

As many in the 'FOSS'/anti-patent world would undoubtedly say, perhaps it is now time for the legislator to take over. However, I would have very serious doubts about whether it will be possible to come to any sort of agreement among the member states of either the EU or the EPC that would stand any chance of resolving the issue once and for all.

[...]

6. T 424/03, Microsoft does deviate from a view expressed in T 1173/97, IBM, concerning whether a claim to a program on a computer-readable medium necessarily avoids exclusion from patentability under Article 52(2) EPC. However this is a legitimate development of the case law and there is no divergence which would make the referral of this point to the Enlarged Board of Appeal by the President admissible.


Henrion has just uploaded this English version of the video depicting the European Parliament as it rejects the Software Patent Directive (also available in French/original). Here is an Ogg Theora version of this historical video.

20M



It would be nice to have another such high-profile decision annulling all patents on software. In the United States, In Re Bilski will resume very shortly.

Phones a Patent Mess



"Complex Smartphones Are the Latest Patent Battleground," exclaims Business Week. It seems like nothing but lawsuits is what patents brought to this lucrative section of the industry (where Linux grows fastest and Microsoft diminishes).

The patent wars are raging in the mobile device market, and they could result in rising costs for handset makers and higher gadget prices for wireless carriers and consumers. So far this year, Apple and HTC—two of the most innovative smartphone makers—have become embroiled in more patent-related litigation than in all of 2007, and they are on track to beat their own 2008 and 2009 records, according to Bloomberg data.


Wired Magazine has the following new article:

Investigation: Apple vs Nokia vs Google vs HTC vs RIM



[...]

The struggle that's broken out between the tech giants has a certain irony; after all, the prizes they're disputing -- patents -- were invented to accelerate and encourage invention, not hinder it. The concept is fairly straightforward: a patent is granted if an invention meets a number of requirements, the most essential being "novelty" and "usefulness". Once granted, a patent typically gives the inventor a limited monopoly of a minimum of 20 years in which he alone can market the invention or license others to take up his protected work.

[...]

In their 2008 book Patent Failure, Bessen and fellow Boston University law professor Michael Meurer show that, since the late-90s, litigation costs for publicly traded companies (except in the case of pharmaceuticals) have consistently outweighed the profits that companies derived from patents. They show that in 1999 alone, $9.3 billion (€£6bn) were made in profits from patents globally. Litigation costs alone, however, reached $16 billion (€£10.5bn) for the US. In the last decade, this situation has deteriorated considerably: in 1999, there were 2,318 patent litigation lawsuits filed in the US. By 2008, that number had risen to 2,896.


Yesterday we mentioned the HTC vs Apple case. The New York Times has attempted to get a response from Apple but failed.
An Apple spokeswoman declined to comment.


Why didn't HTC join the OIN and retaliate against Microsoft and Apple this way? Instead, it sold out to Microsoft and harmed the whole of Android in the process.

HTC is using just 5 patents. Had it joined the OIN, it would possibly have hundreds of infringing examples for a more effective artillery in this M.A.D. situation (TechDirt says that a "Patent Nuclear Response [Was] Launched" because it's the best analogy).

According to the press release, HTC believes Apple infringes upon five of their patents. As to what they are, we don't quite know. More on this as it develops.


"HTC files patent complaint against Apple, asks for ban on iPhone, iPad, and iPod," says Engadget. That's the ITC loophole which often gets abused.

Apple has other problems because of Adobe and invocation of "antitrust".

Adobe has launched its latest salvo in an ongoing dispute with Apple.

The co-founders of Adobe have published an open letter in which they say that Apple threatens to "undermine the next chapter of the web".


Actually, it is Adobe which undermines the next chapter of the Web. The Web is about web standards, not proprietary plugins. More companies also need to support Theora, which both Apple and Adobe are a threat to (see the posts below).

Recent Techrights' Posts

Linux Foundation is a Mediator for Microsoft et al, Not for Small Companies That Support Rather Than Attack the GPL
Many people still wrongly assume that because it is called "Linux Foundation", then it is pro-Linux and represents the same mindset
This Past Friday, Confirming What We Said All Along About Brett Wilson LLP: It's Shrinking, Has Considerable Debt, Loss of Net Assets Despite the Microsoft SLAPP Money
The documents only became publicly available less than 2 days ago
There Was Always Too Much 'Crazy Stuff' Going on Around Freenode
What many IRC users lost sight of
Exposing Crime is Not a Crime (It Never Was)
In the eyes of rich and powerful people, those who speak about their crimes are the "criminals"
 
Links 08/06/2025: Exposure of More GAFAM Surveillance and Social Security Records Compromised
Links for the day
Some of the Many Reasons We Sued Microsofters for Harassment
perpetrators of harassment
For 20 Years Many People Were Sharecropping for Canonical's Oligarch, Now He's Deleting All Their Contributions
"Ubuntu has erased instead of archiving the trove of material at Ubuntu Forums"
GNU/Linux Distros Abandoning Microsoft GitHub
Will curl be next to leave Microsoft GitHub?
Expect More XBox Mass Layoffs Soon If the Rumours Are True
From a Microsoft media operative
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 07, 2025
IRC logs for Saturday, June 07, 2025
Europe Needs to Move Away From GAFAM; The Sooner, the Better
Europe - not just the EU - must abandon GAFAM as soon as possible
The Issue Isn't GNOME's Promotion of Diversity But GNOME Corruption, Abuse, Censorship, and Worse
So-called "Conservative" (republican, pro-Trump, bigoted) people want you to think the problem with GNOME is politics
When the News Sources Become Scarce and Increasingly Full of Polluted/Contaminated 'Content' (With LLM Slop and Slop Images)
Integrity matters
"Linux" Sites That Spew Out LLM Slop
We're lacking enough material for another "Slopwatch"
Abuse Inside the Polish Patent Office (UPRP) - Part V: Breaking the Law, Just Like EPO
We'll hopefully cover some of the pertinent details later this year
Links 08/06/2025: Security Lapses, CISA Cuts, and More
Links for the day
Gemini Links 07/06/2025: Mime Types and Geminisphere Introduction
Links for the day
Links 07/06/2025: Slop Companies Retain All Private Data, More Books Banned in the US
Links for the day
Gemini Links 07/06/2025: "A Monk's Guide to Happiness" and "Wireless Earbuds"
Links for the day
Links 07/06/2025: More Rumours of Mass Layoffs in Microsoft's XBox Division, New COVID Variant
Links for the day
Drug Addiction is a Real Problem, It Destroys Families
a rather sensitive matter
Abuse Inside the Polish Patent Office (UPRP) - Part IV: Political Scrutiny and Errors/Inconsistencies in Official Documents
When such organisations receive scrutiny they start focusing on cover-up and muzzling of facts (or crushing people who say the truth)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 06, 2025
IRC logs for Friday, June 06, 2025
Slopwatch: LinuxTechLab, Planet Ubuntu, Anti-Linux FUD, and Microsoft SPAM
It's not easy to altogether avoid take articles these days
Gemini Links 06/06/2025: "MBA Tear" and Slop ('AI') as Plagiarism
Links for the day
Links 06/06/2025: "Convicted Felon and MElon Trade Insults" and Europe Snubbed by US Again
Links for the day
Links 06/06/2025: Microsoft XBox Bracing For More Mass Layoffs, Climate Disaster, Fake 'Money' Tokens From US President
Links for the day
Gemini Links 06/06/2025: Vanishing Cultures and MElon Implosion
Links for the day
Extortion is a Crime, Even If You're Based in Another Continent and Work for Microsoft
reported to British authorities
We're in 6/6 Now, Almost Halfway in 2025
2025 was probably the best year for us
South Americans Are Saying Goodbye to Microsoft
We're hardly even "Cherry-Picking" or conveniently singling out one South American nation
Abuse Inside the Polish Patent Office (UPRP) - Part III: Data Protection Failures, Just Like at the European Patent Office (EPO)
Just less than a decade ago we showed that the EPO had illegally shared staff data with third parties
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 05, 2025
IRC logs for Thursday, June 05, 2025