Bonum Certa Men Certa

Response to Judith Wilcox and Axel H. Horns Regarding Patents to Software Developers

Baroness Wilcox
Credit: Department for Business, Innovation and Skills (BIS)



Summary: Monopoly proponents from Europe rebutted; Lexmark sues 24 companies for patent infringement; EFF kills another ludicrous patent

Horns is an informative blogger (not just a European patent attorney from Germany) who often sheds light on important issues such as UPLS [1, 2, 3]. But there is one point that he overlooked a little while ago when he debated the patentability of software (an important subject in Germany due to Microsoft and Siemens [1, 2]).



Here is where Horns gets it wrong: [via FFII]

He says that there is a “myth” of software patents being used as a tool of dispossession against the copyright programmers earned by writing something. This is a “myth”, in his view, since programmers need to check for patents, just as someone who wants to build somewhere needs to check the property status of the real estate in question.

He then goes on, however, to explain that it is actually impossible for most software authors to do the patent check. That means he is refuting his own point.


Being a patent lawyer, he sure wants more patents. It's business to him. The same goes for the British Intellectual Monopoly Minister, Judith Wilcox. The president of the FFII highlights this new bit of patent propaganda from Incisive Media/Bizmedia:

The Intellectual Property Minister Baroness Wilcox has unveiled a research programme into intellectual property and its value to the British economy

[...]

Wilcox said: “Intellectual property has a key role to play in rebalancing the British economy. The highly-skilled industries where the UK can excel are driven by innovation.

“Britain must have an intellectual property system that encourages innovation and is internationally competitive.


Wilcox wants the public to believe that a patent system "encourages innovation" ("internationally competitive" is euphemism for "imperialistic"), but what happens when it's used to actually suppress competition? Just watch this new lawsuit:

Lexmark sues importers of laser cartridges for patent infringement



Lexmark International, Inc. (NYSE: LXK) announced today that it has filed a patent infringement complaint with the United States International Trade Commission (ITC) against 24 companies engaged in the manufacture, importation and sale of replacement cartridges for various Lexmark laser printers and multifunction devices.

The complaint alleges that these replacement cartridges infringe at least 15 U.S. patents owned by Lexmark. Lexmark is requesting that the ITC issue a general exclusion order banning the importation and sale of patent infringing laser cartridges by any entity.


ITC means embargo [1, 2, 3, 4]. How does that encourage innovation? It encourages litigation and limits competition.

In other noteworthy news, the EFF has just squashed another bad patent. It's hardly the solution though because as Richard Stallman once put it, "Fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria." Regardless, the following is good news at least for symbolic reasons:

Good news in the fight against bad software patents: a jury in the Eastern District of Texas recently found the Firepond/Polaris patent (U.S. Patent No. 6,411,947) invalid. This patent was on EFF's "Most Wanted" list, targeted because it claimed nothing more than a system using natural language processing to respond to customers' online inquires by email.

EFF was not involved in this case, in which Bright Response, LLC — the technical owner of the patent — sued Google, Inc., Yahoo!, Inc. and eight other companies, alleging that Google's AdWords and Yahoo!'s Sponsored Search infringes the Firepond/Polaris patent. The jury found three of the patent's claims invalid based on the public use bar, obviousness, and for lacking written description. The jury also found that neither Google nor Yahoo! infringed those claims. Finally, the jury found the entire patent invalid due to improper inventorship.


Mike Masnick has just covered this too.

Recent Techrights' Posts

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
Pushing Microsoft's Proprietary Trash/Trap as "Open" and "Linux" (Windows is 'Linux' Now?)
Maybe it's time to just stop saying "FOSS". The people who use that term are promoting Microsoft.
Slopwatch: Comparing Linux to Vermin, Attacking BSD With LLM Slop, and Helping Microsoft Demonise Linux/OpenBSD/SSH Over Weak User Passwords
Microsoft must be laughing its arse off, seeing how a bunch of Serial Sloppers (no skills, no comprehension, no integrity, no creativity) and slopfarms use Microsoft LLM to flood the Web with anti-Linux FUD
Links 05/06/2025: US Poised for Another $2.4 Trillion to Debt, Cops Want GAFAM Kill Switches
Links for the day
Links 05/06/2025: First US Spacewalk 60 Years Ago, GNU Octave 10.2.0 is Out
Links for the day
Scandinavia Saying Goodbye to Microsoft
The Danes have had enough of Microsoft
GNU/Linux Measured at 6% in Bangladesh, According to statCounter
Windows isn't growing, it's going away
Nat Friedman Had Left Microsoft GitHub Exactly One Week Before Matthew Garrett Sent His First SLAPP (Which Was an Empty Threat, He Was Abusing the Legal System of Another Continent to Terrorise Critics Who Had Just Unearthed Major Microsoft Scandals)
And it was likely talked about by his lawyers around the exact same time Nat Friedman was packing up
Gemini Links 05/06/2025: Loop Earplugs Review and ANS Forth
Links for the day
Armenian Adoption of GNU/Linux
Russian influence in Armenian must be worrying to Microsoft
Abuse Inside the Polish Patent Office (UPRP) - Part II: Turning a Once-Respected Patent Office Into a Circus and Laughing Stock
It's not legal, but administrators who don't care about the law and don't fear the law would just go ahead and turn things to junk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 04, 2025
IRC logs for Wednesday, June 04, 2025