Bonum Certa Men Certa

Patents Roundup: CSIRO Slammed, TiVo Loses, WIPO Harms China, and Patents Do Yoga

Yoga - patent violator?



Summary: Latest signs that the patent system in China -- not just in the United States -- is sliding off the rails

CSIRO'S aggression with patents [1, 2, 3, 4] is a misrepresentation of CSIRO's funding source, namely the Australian public. Here is yet another criticism of what CSIRO is doing with its patents (mentioned before but republished elsewhere):

Wi-Fi patent has driven CSIRO money mad



[...]

When that grand old hoarder of intellectual property, IBM, promised in 2005 that it would make 500 patents in its 40,000-strong database freely available to anyone working on open source projects, it was applauded.

“This is exciting,” said famed Stanford Law School professor Lawrence Lessig, who is known for his strong opinions on the need to reduce copyright and intellectual property restrictions. “It is IBM making good on its commitment to encourage a different kind of software development and recognizing the burden that patents can impose.”

[...]

We should be applying the same standards to the CSIRO when it comes to patents as we did back in 2005 to IBM. To do any less will demean us and sully us in the eyes of our descendants.

To illustrate my point I encourage you to read an article published in the Sydney Morning Herald yesterday which details the CSIRO’s actions in attempting to enforce what it claims is its patent on the Wi-Fi technology which is used everywhere in modern society – from laptops to mobile phones to the Nintendo Wii.


GNU meditatesIBM's so-called 'promise' is not without its flaws, either. Sure, it's a lot better than what Microsoft is doing, but it's still no way to get rid of software patents, which are the root of this problem. A patent lawyer, Bastian Best, seems to have taken the Twitter account "swpats" (software patents), which was mostly used as a tag to protest against them. Bastian Best is now promoting these patents using the very same word that typically represented opposition to them. Is this opposition-jacking (or hijacking)? Either way, today he is promoting Microsoft's FAT case in Germany. It's the latest among Microsoft's many endeavours to legalise software patents in Europe and then sue or extort GNU/Linux vendors which are based in Europe (Canonical is based in the UK, for example).

Speaking of IBM (a software patents proponent which is also using GNU/Linux), its like-minded friend has just lost a very crucial case. Yes, TiVo lost once again and since software patents are all it has left to compete with, this had huge ramifications. The stock obviously fell (again):



The first report appears to have come from the Wall Street Journal:

Dish Network Corp. (DISH) and Echostar Corp. (SATS) scored a legal victory after the U.S. Patent and Trademark Office ruled that TiVo Inc.'s (TIVO) patent claims over its "time-warp" digital video recorder technology were invalid.


This was later covered in:



The rest of the news is not about software, but hopefully that illustrates just how ill the patent systems have become. For years we've been reading about the brewing patent litigation mess in China and here is the type of maze exported to China by WIPO:

June 3 marked the 30th anniversary of China's membership in the World Intellectual Property Organization (WIPO).

[...]

By the end of 2009, 7.22 million trademark applications had been filed, with 4.27 million registered, as trademark applications soared to 830,000. All three figures rank first in the world.


What a waste of productivity. When it's all over there is just a big pile of paper (or terabytes of data) containing different people's monopolies, which largely intersect one another and disregard prior art. What's the point of this cumbersome bureaucracy?

The patent systems are growing increasingly insane now that people want patents on clothes and even patents on yoga: [via Richard Stallman]

The "videographs" are intended to provide irrefutable evidence for anyone hoping to patent a new style of yoga that the Indians got there first. A previous effort to define yoga, based simply on translations of ancient texts circulated to the relevant authorities, had mixed results, so now they are trying again.

[...]

The campaign to safeguard India's rich heritage of medicinal art, craft and practice has already scored major victories, forcing European companies to reverse patents on the use of extract of melon, ginger, cumin, turmeric and onions for a range of health products. In each case Indian government officials were able to comb the new digital library to submit carefully translated excerpts from texts ranging from 19th century medical text books to 5th century manuals of traditional ayurvedic medicine to support their claims.

[...]

The campaign to preserve yoga as Indian has its roots in a bid several years ago by Bikram Choudhury, the self-proclaimed Hollywood "yoga teacher to the stars", to get his Bikram yoga style patented in the US.


Are dance moves patented yet? How about eating and breathing techniques? Is sleep also a patent? Is that an infringement yet? With genetic patents abound, just being born or even conceived is a potential patent violation. But hey, more patents mean more innovation, right? It's common sense, assuming you're a lawyer.

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 105 Out of 200: When Bad Legal Advice Results in Your Client, Dale Vince, Ordered to Pay £600k - or 801,930 United States Dollar (USD) - to the Person Frivolously Sued (Lord Bailey of Paddington)
"A judge has ruled that Dale Vince must pay punitive costs to Lord Bailey of Paddington, the Tory peer, over the 'unexplained abandonment' of his" SLAPP
IBM is Importing/Exporting Corporations' Regime of Censorship (Hiding the Wrongdoing) to Free Software Communities
Is IBM protecting criminals in the name of "manners"?
Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
 
European Patent Office (EPO) Series: All the President's Men
Gilles Requena,Patrice Pellegrino, and Sandro Mendonça
SUEPO Elections Coming Up, Union Leaders at Europe's Second-Largest Institution (EPO) to be Determined Soon
The staff union of the European Patent Office (SUEPO) is having an election soon
How Long for Can American Taxpayers Justify Bailing Out Microsoft?
How many times need the American taxpayers give Microsoft money for vapourware that's neither necessary nor delivered?
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026
SLAPP Censorship - Part 104 Out of 200: Exactly Two Years Ago Brett Wilson LLP Humiliated or Weaponised Our Solicitor's Judaism in an Effort to Censor and Gag Us
dated 12/06/24
Half a Year Since Slopwatch Died
To Google's credit, it did manage to delist a lot of slopfarms in recent months
Links 12/06/2026: Science, Windows TCO, and More
Links for the day
"AI" 46 Times in One 'Article' Because The Register MS Got Paid to Push it
Today is just another opportunity to remind people that the slop bubble and GPU bubble are based on inauthentic fake 'journalism'
Gemini Links 12/06/2026: FTP and Gopher, Cluster Outage Postmortem After Cleaning by Wife
Links for the day
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy