Bonum Certa Men Certa

Bogus Oracle Patents, Broken USPTO, Apple's Patent Aggression, and Acacia Gets More Money to Troll



Java logo



Summary: Gosling may have helped Sun gain bogus patents (violation of USPTO rules), the USPTO delegitimises itself with poor adherence to quality, and Acacia receives more money with which to further delegitimise the USPTO

THE GOOD thing about the Oracle lawsuit (which is generally very bad [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12]) is that it motivates more people to end software patents right now.



The debate about software patents is hot again. Rui Seabra passes the message that "Merely asking #Oracle: "play nice" isn't enough. We should demand abolition of their #swpats [software patents]"

Red Hat's Richard Fontana says: "incidentally, whatever one thinks of #swpats, #disturbing if #Gosling knowingly signed off on bogus patent; see http://ur1.ca/16ox4 [€§ 1.56 Duty to disclose information material to patentability. - Appendix R Patent Rules]"

Fontana is referring to joke patents [1, 2, 3], which continue to cause great controversy and stir up important debate.

Mike Masnick shows that "Patent Office [is] Back To Approving Pretty Much Anything":

Of course, the unfortunate reality is that this won't actually solve the backlog problem at all. You would think, with all the engineering/operations brains at the Patent Office, that they would understand that this will only make the backlog worse. Approving junk patents only makes it more lucrative to file ever more ridiculous patent applications, which only increases the backlog. In rushing through more patents, it only encourages a bigger and bigger backlog. In treating the symptoms, rather than the actual disease, we're making the disease much, much worse.


Separately, Masnick shows that the court system (not the USPTO) rejects a controversial patent. The courtroom -- unlike the USPTO -- does not have special incentive in approving more and more patents.

Last fall we wrote about how a company named Ultramercial had sued Hulu, YouTube and WildTangent over patent 7,346,545 for requiring people to watch an ad before being able to access content. It resulted in an interesting discussion in our comments, where some patent system defenders insisted that the patent was perfectly legit. Unfortunately, the court disagrees with those folks. It has ruled that the patent is not valid (the ruling covers Hulu and WildTangent -- YouTube was dismissed from the case). Perhaps most interesting is the fact that the court chose to use the "machine or transformation test" for judging the patent. While some have read the Bilski ruling to "reject" the "machine or transformation" test, that's not quite true.


Simon Phipps responds to the Oracle lawsuit also by raising questions about OIN:

Software patents are broken and the only possible justification for having them is self-defence (which is itself a risky accumulation of armaments). Perhaps OIN and the Linux Foundation need to make membership conditional on members taking no first action against each other with software patents?


We criticised the OIN's vulnerabilities long before other people did, even back in 2008. Additionally, we seemed to be among the first to suggest that Apple could have a role in Oracle's action (we brought up the possibility hours after the announcement). We now find more articles noting the Jobs-Ellison connection and Apple booster Daniel Eran Dilger is adding to the FUD. We link just to comments on his article, not from his Apple choir, so for anyone who still thinks that Apple and its followers are not harmful to Linux, pay careful attention to this. It's part of a pattern from this close friend of Apple. People like Denial should do more to tell their emperors at Apple to stop the patent greed, including the investment in the world's biggest patent troll. When Apple threatened Palm with patents, Daniel of course defended Apple.

Speaking of the world's biggest patent troll, Acacia too has just received a quarter of a billion dollars of investment money (in patent trolling). [hat tip: FFII]

Acacia Research Corp. in Newport Beach has established a fund to buy, license and enforce patents and other intellectual property.

The Acacia Intellectual Property Fund LP has received an initial $27 million from an unnamed institutional investment group. An Acacia subsidiary will be the fund’s general partner.

[...]

Acacia recently announced two separate settlements with IBM for undisclosed terms to license Acacia-owned patents for monitoring computer applications. One lawsuit was pending in federal court in Texas and the other in Nebraska.


Microsoft recently paid Acacia, which sued Linux (through Red Hat and Novell).

Recent Techrights' Posts

Open Source Initiative (OSI) Resists Software Freedom, Even by Attacking Its Own
The OSI is compromised
 
Links 28/08/2025: Chatbots Distorting/Fabricating History and Also Driving Suicide
Links for the day
Gemini Links 28/08/2025: Back in Japan and Why "Hacker News" Sucks
Links for the day
A Much-Needed Wake-up Call to Users of Wordpress.com, Blogspot, Substack and All Those Other Outsourced (and Centralised) Platforms
There are several lessons in there
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 27, 2025
IRC logs for Wednesday, August 27, 2025
Slopwatch: linuxsecurity.com, Slopfarms in Google News, and More
Some readers of ours end up sending us links that are from slopfarms, not realising those are slopfarms
Gemini Links 27/08/2025: Katrina Memories and Google Versus Software Freedom
Links for the day
Links 27/08/2025: Police Against Media Freedom in the UK, Energy-Hungry Countries Targeted by China
Links for the day
Microsoft Windows Fell to All-Time Lows in Egypt This Summer, Vista 11 Adoption Decreases While GNU/Linux Increases
Vista 11 is going down rather than up
Links 27/08/2025: Microsoft Demoralises Staff With Slop Demands, Leaving Mastodon Explained
Links for the day
12 Hours Ago The Register MS Published a Fake (Paid-for) Article, But This One for a Change Did Not Promote a Ponzi Scheme
There are also Free software alternatives, but they don't pay The Register MS for "synthetic" so-called 'journalism'
More People Need to Call Out and Put a Stop to Serial Sloppers
Unless slopfarms are stopped, people will read and share Microsoft propaganda made by chatbots
Gemini Links 27/08/2025: Headphones and Tartarus
Links for the day
Morale at Microsoft is Terrible (Proprietary Plagiarism Machines Have No Future, LLM Slop is a Bubble)
The slop sceptics/critics are going to have lots of "told you so" moments
GNOME "governance issues, staff reduction, etc." amidst Albanian whistleblowing and women trafficking
Notice the connection to Software Freedom Conservancy (SFC) and GNOME
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 26, 2025
IRC logs for Tuesday, August 26, 2025
Richard Stallman (RMS) Was Right About "Sideloading" in 1996
We now have computers that treat booting GNU/Linux like an act of "Sideloading"
Panama: Windows Down From 97% "Market Share" to Less Than 30%
In 2009, Windows was measured at 97.24% (compared to 62.32% right now or less than 30% if one also counts Android)
The UEFI 9/11 - Part I - Introduction to Impending Catastrophe (Microsoft Preventing People From Booting Non-Windows Systems)
eight-part series
Why Techrights is Slow Today (Bot Floods)
We don't know if those bots are connected to LLMs (we have not checked), but that is a possibility
Slopwatch: DDoS Slop, LinuxBSDos.com Spam, and Slopfarms in Google News, Including webpronews.com
Among the news we also found fakes, albeit not so much today
Links 26/08/2025: "Ballooning Debt" in France and "Transnational Repression in the UK"
Links for the day
Gemini Links 26/08/2025: Listening to Alcest and Google Doing Evil (Users Installing Software is "Sideloading" and Prohibited)
Links for the day
Links 26/08/2025: DNS Tampering and TikTok Layoffs
Links for the day
Microsoft's Windows "Market Share" Overestimated
Microsoft's income sources are shrinking
We Shall See...
My wife and I are hardly the first victims of Brett Wilson LLP
This New Determination on a Case Echoes the Modus Operandi of Microsoft's Serial Strangler vs Techrights (Its Online Decision/Judgment Says Truth and Public Interest Defend the Publisher)
Noel Anthony Clarke hopefully has enough money left to pay his victims, which include the publishers
Going Offline
There was life before the Net
The Register MS Has Apparently Shut Down Its Office
It is basically a fake address on the face of it
There Are Also Expectations of IBM Layoffs Very Soon With "Narrative Control."
Some of them mention Red Hat and how IBM failed to achieve anything substantial with that acquisition
After at Least Two Rounds of Mass Layoffs in August Microsoft Said to Have "September Layoff Confirmed - Performance Based"
Those "M5 level meetings" sound plausible
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 25, 2025
IRC logs for Monday, August 25, 2025