Bonum Certa Men Certa

Novell and Affiliates Turn to Software Patents While US Senators Make Things Worse, Not Better

USPTO seal shot



Summary: A roundup of news about software patents in the United States, hopefully demonstrating that matters are unlikely to improve because people who are in charge fell into the pockets of monopolies and truth matters hardly at all

MATT ASAY, a former manager at Novell, says that software patents complicate Novell's sale. This is a good lesson on the harms of software patents. Novell previously bragged about its software patents.



A few days ago we found this article about software patents that are awarded in Maine (where Novell's headquarters are based).

Move Networks, which was founded by Novell's co-founder, is reportedly shutting down but not before getting some more software patents:

According to Move, the patent covers adaptive streaming, and is similar to what Akamai, Apple, Adobe, Limelight, Microsoft, Netflix, Widevine and others have deployed. Move said those firms deployed adaptive bit rate architecture "inspired by" the firm's invention.


Might Move Networks be in preparation for a lawsuit? Just like Interval it's a dead company with a skeleton of patents. It's worth keeping an eye on.

The other day we wrote about something called a "Patent Reform Bill" being pushed by senators. As the editor points out in Tech Daily Dose, it is not a reform. "Just because they call it “reform” doesn’t mean it is," said the editor. TechDirt says that "Senators Make One Last Push For Bad Patent Reform That Will Make Problems Even Worse" and Law.com's headline says that "Senators Urge Reid to Quickly Bring Amended Patent Reform Bill to Vote":

A bipartisan group of 25 U.S. senators wrote a letter to Senate Majority Leader Harry Reid (D-Nev.) on Wednesday, asking him to bring an amended patent reform bill to the Senate floor as soon as possible.

Fourteen Democrats, 10 Republicans and Sen. Joseph Lieberman (I-Conn.) signed the Sept. 15 letter. Intellectual property insiders say there hasn't been this much support for a patent bill since the American Inventors Protection Act of 1999.

[...]

The amended bill, which enjoys widespread support from industry and intellectual property groups, would give the U.S. Patent and Trademark Office (PTO) the authority to adjust patent and trademark fees, and it includes a procedure allowing for challenges to issued patents. Another key provision would change the U.S. patent system to award patents to the first to file instead of the first to invent. Other sections would require courts to consider only "methodologies and factors that are relevant to the determination of damages" and to multiply awards only for damages amassed after the infringement became willful.


What an insane idea. Who is this bill for? They are about to destroy the economy even more. There is this new article right now ("Germans win through sharing") where economic historian Eckhard Höffner explains how patents and copyrights can harm progress. Previously, Höffner was slamming software patents more specifically.

Called by some a sellout to corporate interests and a surrender to Washington, Bill C-32 — the federal government's third attempt at bringing the Copyright Act into the Internet age — has its share of opponents. So, new peer-reviewed research by German economic historian Eckhard Höffner may find some eager Canadian students. A lawyer and author of several books, Höffner's new two-volume work, Geschichte und Wesen des Urheberrechts (his preferred English translation is The History and Nature of Copyright) contends that the German states' 19th-century transformation from an agricultural backwater to an industrial power the equal of Britain was due in part to their relaxed attitude toward copyright and intellectual property (IP).

[...]

Höffner's research grew out of an interest in the usefulness of software patents, which he suspects are too restrictive over the long term. Relaxed copyright's role in the rise of Germany as economic superpower suggests proof that "longer and stronger protection has negative impacts." More recently, the likes of China have profited from a considerably looser approach to IP than that of the developed West.


Here is an "intellectual property" cartoon (new Dilbert) which also makes fun of the idea. [via Groklaw]

The latest column from Goetz (holder of the first software patent) was debunked here and elsewhere before [1, 2] and now it's Groklaw's turn. Pamela Jones wrote a quick rebuttal in News Picks and it went like this:

I see pro software patent folks are quite worried about the "software is mathematics" argument, and I think they should be, because it's true. Speaking as one die hard, as he puts it rather dismissively, I do continue to believe that software is mathematics, and hence not patentable subject matter, being "part of the storehouse of knowledge of all men", as the Bilski opinion stated about the exceptions to Section 101, quoting from Funk Brothers. And I recall this section from the Bilski opinion that I consider germane:

"The Information Age empowers people with new capacities to perform statistical analyses and mathematical calculations with a speed and sophistication that enable the design of protocols for more efficient performance of a vast number of business tasks. If a high enough bar is not set when considering patent applications of this sort, patent examiners and courts could be flooded with claims that would put a chill on creative endeavor and dynamic change."

And in real life we see exactly that is what happened. Can we not learn from that experiment that something is very clearly off-base? Mr. Goetz says he'd like to see frivolous patents done away with:

"In conclusion, while I am a strong proponent of software patents I am very aware, and agree with, many of the arguments against patents because of patent trolls, frivolous patents, e.g. Amazon’s one-click patent, and frivolous patent litigation that can put companies out of business. And I support changes in the Patent Law to reduce those problems."

But I'd like to ask him this: where exactly would you draw the line to accomplish that goal if software patents are allowed at all? Can we not see that opening that door is precisely what led to the Amazon one-click patent? He argues for three things: "Innovation 2. A proper disclosure and 3. Usefulness." So, new, useful and disclosed so that others in the field can reproduce the invention. That second is laughable. Please show me a software patent that fits that description of "proper disclosure". As for the other two, I'm sure Amazon would argue it got over both bars. And the USPTO did issue that patent, so we can agree that the present system is broken. What precisely does Mr. Goetz suggest to fix it?


It is clear that the case for software patents looks increasingly weak over time. The problem is that lawmakers in the United States are not paying attention and the USPTO is too arrogant to understand and acknowledge its shortcomings [1, 2].

Recent Techrights' Posts

Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
 
UEFI 'Secure Boot' Once Again Bricking PCs and Fake Security Models Are Perishing in Geminispace
Let's Encrypt has just fallen again
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024