Bonum Certa Men Certa

Patents Roundup: Bosch Security Systems Patents Signals, NetApp Bullies ZFS Providers, New Zealand Infiltrated by Foreign Lobby 'NZ'ICT

Computer room



Summary: Software patents continue to cause trouble and New Zealand's law is under attack by a lobby of multinationals

Bosch Security Systems



IN THE previous post we showed how software patents are being used to suppress innocent developers. Based on this new report, Bosch is also patenting software (not the Bosch which is based in Germany).

The software’s patent-pending digital signal processing technology enhances the performance of receivers when interpreting these signals by more than 75 percent.


This looks like yet another patent on mathematics/multimedia, just like the example we gave half an hour ago. This has got to be stopped. Video is at stake too [1, 2, 3, 4, 5, 6] and based on some new benchmarks/comparison [1, 2], it can probably be resolved by moving over to WebM. From the summary:

Moscow State University's Graphics and Media lab have released their sixth MPEG-4 AVC/H.264 video codecs comparison. Also of note is a recently added appendix to the report which compares VP8, x264, and Xvid. The reference VP8 encoder holds its own against x264 despite the source material offering x264 a slight advantage. The VP8 developers comment in the report: 'We've been following the MSU tests since they began and respect the group's work. One issue we noticed in the test is that most input sequences were previously compressed using other codecs. These sequences have an inherent bias against VP8 in recompression tests. As pointed out by other developers, H.264 and MPEG-like encoders have slight advantages in reproducing some of their own typical artifacts, which helps their objective measurement numbers but not necessarily visual quality. This is reflected by relatively better results for VP8 on the only uncompressed input sequence, "mobile calendar."'


MPEG-LA patents are US patents, so the problem can also be resolved by ending software patents in the US -- a task which SCOTUS neglects to achieve for the time being.

United States



An American VC, Brad Feld, recognises that software patents are a travesty and he actively works against them. A friend of his has just explained "Why Bilski Really Means That Software Companies Should Leave the US":

My friend Sawyer was as disappointed in the outcome of Bilski as he was in the ending to LOST. In fact, he asked if I’d change his pseudonym to Joseph Adama of Caprica but I vetoed this over extreme nerdiness. Nonetheless Sawyer let loose on Bilski and helps clarify both his perspective on why the Supreme Court took such a milquetoast approach as well as what one of the unintended consequences of their action – or lack thereof – will be. And for those of you who have forgotten Sawyer’s background, he’s a patent attorney that is channeling his opinion through me. And we’ve been discussing setting up a very large data center on an island somewhere in the middle of the Pacific Ocean.


Paul Kedrosky has just co-authored (with Brad Feld) the following article titled "Software Patents Need to Be Abolished" (also here):

The U.S. Supreme Court just blinked. In the landmark Bilski v. Kappos decision announced yesterday, the Court had a chance to right a patent wrong. It didn't. Instead, in a cautious and internally contradictory decision, it further fuzzified the mess that is the U.S. patent system -- and it will have sad consequences for innovation in this country. It was terrible timing for a loss of legal nerve.

[...]

Far from encouraging innovation and advancement in the "useful arts," as the Constitution originally envisioned and Congress wanted, software and business method patents have become a quasi-legal poison pill. Sometime it's from patents obtained years after application via circuitous paths and bankrupt companies, and sometimes it's straight-up planned extortion. Either way, these "patent trolls" lurk in the shadows, waiting for someone to unknowingly infringe. Then they sue in patent-plaintiff-friendly jurisdictions (of which there are ranked lists - we kid you not), forcing defendants, often small, unsophisticated companies, to settle rather than face the cost and uncertainty that defines litigating a patent case against a well-capitalized troll.

The costs associated with this are immense, as is the innovation penalty. Software companies now must file defensive patents just to make sure that they are not later submarined by useless patents originating with patent attorneys themselves or at failed software companies. We have officially exited economics and entered Kafka's courts.


"Patent Office Says No to Supreme Court and Software Patents," suggests this curious new report:

Under the machine-or-transformation test, a business method (read as software) must be tied to a particular machine, rather than run on a general machine like a computer, or transform something from one state into another. The subject of the transformation can be data, but, as you might expect, transformation can largely be in the eye of the beholder.

The PTO has faced a major management problem for years: the flow of patents in vastly exceeds its capacity to process them. Additional money and headcount haven’t really helped, so over the last few years, the PTO seemed to try raising hurdles to discourage applications. Given the volume of software patent applications, reducing them would clearly help slow the incoming volume, which is something the patent office would love to do.


Yesterday we mentioned the attack of NetApp against the California-based Coraid. What was Coraid's offence? Distributing free/open source software (ZFS), apparently. Here is a new article that's dedicated to the subject.

Storage startup Coraid may face legal action from NetApp if the company does not cease plans to sell the Coraid EtherDrive Z-Series NAS appliance based on the open-source Zettabyte File System (ZFS).

Coraid issued a letter to its customers this morning in which CEO Kevin Brown announced the company has temporarily suspended the general availability of the EtherDrive Z-Series.


Software patents have become suppressors of software freedom. They need to be stopped, or at least their expansion ought to be stopped. A predominantly US-based lobby is trying to spread these patents to other countries.

New Zealand



Down in New Zealand it becomes a political debate (we last wrote about this yesterday). "NZCIT [sic] is a proxy for software multinationals, not Kiwi businesses," emphasises the president of the FFII who also points out that "they will fall into the EPO trap of "as such"..."

Here is the latest report which shows the process being politicised.

The software patent debate is opening old sores associated with the change of government and government’s interface with the ICT industry.

A question that runs through or subtly underlies comments on the controversy in several online forums, is to what extent the NZICT Group represents New Zealand’s ICT industry and customers.

The Labour-led government set up the Digital Development Council (DDC) and Digital Development Forum (DDF) as an umbrella for ICT developer and user communities – TUANZ, InternetNZ, the NZ Computer Society and so on.


Again -- NZICT is not representing New Zealand’s ICT industry and customers [1, 2, 3, 4, 5]. Just because it has the letters "NZ" in the beginning doesn't mean it's pro-New Zealand. NZICT is more like an invader. It should be pushed out or at least excluded from debates about New Zealand's laws.

Recent Techrights' Posts

Microsoft Staff Explains How Microsoft Swindled Employees and Avoided Paying Out Severance Pay (Microsoft Hasn't Much Money Left in the Bank)
This is a classic way to avoid paying workers
Techrights Should be Even Faster Now
We're now better off
Richard Stallman (RMS) Gave 3 Talks in India in Less Than a Week
In India this month we've not seen a single negative comment about RMS
Microsoft Mass Layoffs Without Severance Pay Reported Hours After Microsoft Reported Weak Numbers and Microsoft Stock Fell
Microsoft has a bloodbath this month
Another Slew of Fake Articles About 'Linux' and 'Security' From Brittany Day at linuxsecurity.com (Spamfarm/Slopfarm)
linuxsecurity.com is basically a pariah and parasite. It lessens the incentive to write real articles about "Linux" by generating fake ones to outrank the originals.
 
Links 31/01/2025: Mass Layoffs at Amazon and Microsoft, Sweden Again Fails to Protect Critics of Violence
Links for the day
Slopwatch: Fake Articles About "Linux" and More (Latest Roundup Featuring BetaNews, Janus Atienza, and Brittany Day From Guardian Digital, Inc)
LLM slop season
"Not one of us" by Dr. Andy Farnell
Elon Musk has brought embarrassment to nerds and technologists
Gemini Links 31/01/2025: "Bulletin Buble" and "Why Blog?"
Links for the day
Static Site Generators (SSGs) Pay Off: Vastly Faster Sites, Much Smaller Hosting Bills
success story for SSGs
Of Note: Linux Foundation Has Already Let Linux.com Rot for About 4 Months (No Activity)
there's no campaign aside from marketing spam there
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 30, 2025
IRC logs for Thursday, January 30, 2025
Indian Data Biases statCounter For or Against "Linux"
In statCounter, the GNU/Linux increases and decreases are deeply tied to what it does with data collected in India
The Corporate Media Pretends That Facebook ("Meta") Has Performed Well, But Its Debt Doubles Every 2 Years Despite Mass Layoffs
That same media also helps parrot misleading financial claims
Microsoft's Debt Surged by More Than 6,000,000,000 Dollars in Just 3 Months
numbers released hours ago
The Sheer Irony of Microsoft Proxy Accusing Others of 'Stealing'
Wherever DeepSick's data came from, Microsoft (or its proxy) is in no position to issue criticism.
The Difference a Decade (and GAFAM Money) Makes
Credibility cannot be purchased
[Meme] The Free Software Foundation (FSF) Has Critics Because Its Message is Effective
Applying to others the same standards one is willing to violate?
The Free Software Foundation (FSF) Raised $422,000 (Another $22k in the Two Weeks After Campaign Ended), Proving That Truth and Justice Tend to Find a Way
10,000+ dollars a week even without campaigning for more funds
Faking Revenue Increase by Buying Your Own Products and Services (Through Scams and Scammers Like Scam Altman)
Is this what society deserves? Media that instead of exposing corruption has chosen to participate in it and profit from it?
Links 30/01/2025: Fentanylware (TikTok) Causes Deaths, FBI Seizes Domains
Links for the day
Gemini Links 30/01/2025: Action vs Inaction, Gopherholes, and More
Links for the day
Links 30/01/2025: Microsoft Wants Convicted Felon to Give Fentanylware (TikTok) to It (After Making a Phonecall Asking for That in 2019), "Moving Away From Google's Ecosystem"
Links for the day
Jack M. Germain (LinuxInsider) Seems to Have Turned to LLM Slop, Graphics Slop, and B2B SPAM
LinuxInsider is barely active anymore
Links 30/01/2025: Amazon Layoffs and DeepSeek Panic
Links for the day
Gemini Links 30/01/2025: Chaos Reigns, E-mail, Searching
Links for the day
IBM: Many Thousands of Layoffs in 2025
If 2025 is expected to be the same, then perhaps about 20,000 IBM workers will no longer be there
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 29, 2025
IRC logs for Wednesday, January 29, 2025
Google: Your Only Option is Google YouTube (Coming Soon: Mandatory DRM and Attestation?)
Digital Restrictions (DRM) to follow? Only for "approved" (attestation) browsers?
Mastodon Was Always Biased (Just Like Twitter After Abandoning Chronological and Neutral Timelines in Order to Become More Like Facebook)
So bury-brigading and click-farming control what people see
Certificate Authority Let's Encrypt Falls to Only 0.4% of the Total in Geminispace
Geminispace does not need to outsource trust
The Munich-Based EPO is Still Using a Platform That Promotes the Far Right and Rehabilitates Nazism
Active Twitter account
Links 29/01/2025: Dismantling Public Health in the US, Air Busan Plane Up in Flames (South Korea's Air Disasters Streak)
Links for the day
Announcements and Administrivia
This week we're going out for two days in a row to celebrate an achievement that's very respectable
Gemini Links 29/01/2025: Japan, GTD, and More
Links for the day
Sir, Yes, Sir. The Life of EPO Patent Examiners.
If working for the EPO makes it harder to sleep at night, take action
How the EPO Pressures Staff Into Minting More Monopolies (Patents), Even Illegal Ones That Harm Europe and Ultimately Dismantle the Rule of Law
insights into the pressure examiners are under
LLM Slop Machines Are Not a Win for "Open Source" and If They Get Cheaper, It's Even Worse
If some program that claims to be "Open Source" pollutes the Web with fake articles (Microsoft SPAM and fake "Linux" articles), whose win is it?
Links 29/01/2025: Data Privacy Day and Growing Tensions in Europe
Links for the day
Nazi Twitter (aka "X") Became a Troll Site That Lets People Buy a Blue Tick While Its Boss Actively Promotes Neonazi Politicians
the intellectual level of people who infest the Web through "Twitter" or "X"
This is Why They're So Afraid of Richard Stallman (He Tells People the Correct History)
Then they post about it to Microsoft's LinkedIn
Richard Stallman Speech in Bengaluru, "Silicon Valley of India"
62 years have passed since his "young nerd" days and he's still at it
Claim: Facebook Deletes Posts of IBM Red Hat Critics
As always, follow the money (advertisers)
Links 29/01/2025: Climate Crisis and "It’s time for the Xbox to fade away" (Microsoft Lose)
Links for the day
Links 29/01/2025: Buying Groceries During a Trade War, Political 'Retro'
Links for the day
More Illegal Patents at the EPO, Legality of Granted European Patents No Longer Matters to the Office
breaking the law for profit
Network Improvements Tomorrow
"Network maintenance" down in London
Sharing is Caring (But Advocating Copyleft Makes You a "Target")
GPLv3 does not close all the loopholes which the "Affero" helps close
Articles About Free Speech at Facebook
'Facebook vs Linux' story is now receiving a lot more media coverage
We Were Right About stallmansupport.org Making an Error by Joining Social Control Media. mastodon.social Suspends stallmansupport.org.
From what we can guess, accounts can be banned by some oversensitive admin or a mob of users ("bury brigades")
"Latest Technology News" in BetaNews Still LLM Slop and SPAM Composed by LLMs (It's Basically a Spamfarm Disguised as a News Site)
Only a fool would visit BetaNews in search of actual news
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 28, 2025
IRC logs for Tuesday, January 28, 2025
The EPO's Corruption, If It Remains Untackled, Helps the Far Right and Enemies of European Unity/Solidarity
Do not negotiate with evil
The Web, Including Wikipedia, Gets Filled With Lies About Bill Gates, Added by Bill Gates and His PR Team
Of course Wikipedia is funded by Gates
Facebook Banning Linux Sites (or People Who Link to Linux Sites) is Another Symptom of the Web's Demise
The state of media on the Web is really bad; Social Control Media amplifies the badness, as Facebook serves to show
Gemini Links 29/01/2025: Neovim Telescope and Writing Less
Links for the day