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

European Patent Office (EPO) Series: Temporary Public Office or Permanent Personal Feather-Bed?
there are no visible signs that the Administrative Council has the slightest interest in contemplating a change in leadership at the EPO
Brigading Against Women - Part IV - Death Threats, Threats to Women, and Threats for Pointing Out, Correctly and Based on Hard Evidence, That Garrett and Lozza Talk to Each Other About Me Every Year (for 4 Years)
Brett Wilson LLP too is a toxic manosphere
Making Oneself Obsolete With Slop
Dr. Lemire also puts on display a degree of hypocrisy
 
20 Years Later
There's a strong anti-democracy movement brewing in many places
Gemini Links 27/09/2026: Telescopes/Gskyer, Writing for Writing's Sake, and Writing Tools
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 26, 2026
IRC logs for Saturday, September 26, 2026
Gemini Links 26/09/2026: Computer Cases Dreary, Web Drowning in Botspam
Links for the day
Reform UK auditor: Electoral Commission accounts, Companies House accounts, a going concern or not?
Reprinted with permission from Daniel Pocock
More GAFAM Layoffs at Apple, Second Time in Weeks (Silent Layoffs Silently Target Older and "More Expensive" Staff)
How many layoffs happen at Apple silently and go unreported or very scarcely reported?
Gemini Links 26/09/2026: Rant About Slop Ruining Crafts (Drowning the Signal With Plagiarism) and "Going Mechanical"
Links for the day
Links 26/09/2026: Microsoft Says Notification Data Breach/Surveillance Hole There by Design, EU Rapidly Dumping Microsoft for Digital Sovereignty
Links for the day
The Former Linux News Site ostechnix.com is LLM Slop
Please do not link to sites that promote and/or spread slop
Links 26/09/2026: Volkswagen Recalling ~50,000 Cars, US Attacks Its Own Media
Links for the day
Brigading Against Women - Part III - Racism Looms Large, Not Just Sexism
threats from a racist
Microsoft CEO Calls Layoffs "Streamlining" and Says Microsoft Layoffs Are "Great to See"
The lack of honesty here is only to be expected from Microsoft
Media silence deafening as Reform UK on brink of administration
Reprinted with permission from Daniel Pocock
Gemini Links 26/09/2026: Travel, Group Insurance Death Spiral, Stargazing, and Lagrange Meets LLM Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 25, 2026
IRC logs for Friday, September 25, 2026
Longtime Symbol of Microsoft's XBox Franchise, Halo, Down to Barely 20 People
The purge is huge, far bigger than submissive media cares to point out
EPO Meeting Ran Out of Time to Discuss the Scabs ('Young Professionals')
EPO staff representatives in The Hague meet a member of the 'cocaine cabinet'
The Register MS Promotes Slop for Banned Companies That Put Chinese Back Doors in Things, "AI" Mentioned 37 Times in One Page!
taking money from the undemocratic state and its surveillance outfits
Microsoft Attacked European Courts and Jurists, Now Europe Dumps Microsoft
This is because GNU/Linux is technically better, but the political factors contribute to that as well
Julian Assange Ready to Talk More (After More Than a Decade of Arbitrary, Unjust Confinement)
Two years ago, upon his release, his wife said he'd need some time off before properly or fully returning to the public eye
IEEE Tribute to Richard Stallman, Michael Tiemann, Linus Torvalds, Larry Augustin, Eric S. Raymond, Bruce Perens, Frank Hecker and Brian Behlendorf (Revolution OS Showing)
Live shortly
Winding Up Racists
What happens next shall be interesting
Links 25/09/2026: Selling Rogue, Defective Bots as "Agents" Results in PR Fiasco and Breaches; Russian 'Hybrid Attack' and "How Russia Evades Sanctions"
Links for the day
Gemini Links 25/09/2026: Arvelie Calendar, 44net, Pebbles, and Building the Bagel Concert Finder
Links for the day
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DisroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DisroWatch page to make the illusion of popularity
Large Wave of IBM PIPs, the RAs Wave Comes After 'Low-Hanging' Fruit (Families) Disposed of
PIPs are the new RAs
Links 25/09/2026: Carcinogen Atrazine Pollutes Americans' Bodies, "Donald the Deadbeat Does Diesel", and Anger Over Data Centres Grows
Links for the day
Theory That Microsoft Cheapens Its Workforce to Push Workers Out on Their Own (Theory Advanced by Insider)
people work longer hours for less, i.e. their hourly salary is decreasing
Daniel Pocock Makes It Into Mainstream Media Again (Going After Racists)
American bigots funding blatant and shameless racists here in the UK
Tackling Racism in the United Kingdom (Racism Funded by Americans) Using the Courts
We'll talk about racism my wife and I experienced in the events leading up to litigation
Another Woman (or Women) Has Just Run Away From Brett Wilson LLP (After Barely a Month!), the Hired Guns of Garrett and Graveley (Microsoft)
They call this phenomenon "death spiral"
SLAPP Censorship - Part 200 Out of 200: Will GNU Boot Undo the Technical Damage Caused by Microsoft and Garrett? (And Garrett's Litigation Allies From Microsoft)
Today we publish the final part of this series
US Government Sites Can Now Totally Ignore Mozilla Firefox Users or Users of Firefox Derivatives
Firefox, now at 1.1% in the US (based on American government sites), has sunken to the point of no return
Things Not to Measure in Quantity Alone
More patents do not beget greater innovation
Even Microsoft Boosters Start to Doubt XBox Will Exist (It's Being Phased Out, Just Not "Officially")
This is how to phase out a business unit without officially saying so (as it might alarm investors)
Omarchy is Built on the Idea That Slop is Desirable (It's Not)
They call bots and plagiarism "agents" and "training"
IBM is Shrinking Very Fast (Silent, Unannounced Layoffs)
IBM and Microsoft both avoid WARN notices by compelling staff to leave or silently removing them with some NDA
In Some Parts of Microsoft 50% of All Staff Subjected to Layoffs, Media Pretends Only 0.1% of Staff Are Removed
This really says a lot about the state of today's so-called 'media'
SLAPP Censorship - Part 199 Out of 200: An American Burden on the British Legal System
A year ago (October 2025) the head of media (Jointly in Charge of the Media and Communications List), the judge in the Garrett case, said that this case was a waste of the court's money
EPO Management Wants Everything to be Done in Microsoft Spyware
In reality, this management should be ousted for normalising cocaine at the Office
Criminalising Opposition to Fraud
slop causes social issues
The Register MS Does Not Properly Flag Its SPAM About Slop
Signs of desperation
Gemini Links 25/09/2026: Ljubljana, Tanana River, and Curse of Slack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 24, 2026
IRC logs for Thursday, September 24, 2026
Supporters of winding-up process staking claims against Reform UK Party (CR-2026-007405)
Reprinted with permission from Daniel Pocock
Winding-up petition leaked before service on Reform UK Party Limited / Nigel Farage
Reprinted with permission from Daniel Pocock