Bonum Certa Men Certa

With Patent Quality This Low, Who Needs Any?

Bar signTime to raise the bar of patents, not lower it

Summary: Another new batch of embarrassingly-trivial patents (the bar is set too low), Twitter's reluctance to have anything to do with patents, and news from Europe and Apple

"Breaking: Amazon 1-click invention is patentable subject matter, says Justice Phelan of the Cdn. Fed. Ct. Reasons," claims Yuri Chumak who points to this new decision [PDF]



They can't be serious, can they? One-click shopping is a patentable "innovation" now? Someone, somewhere, please revisit the charter of the USPTO. This is becoming somewhat of a farce of international proportions. And it gets worse. Rollover image is now a patent too, according to this report.

"Dear website owner, congratulations on your excellent site, which includes features covered by our registered patent, #5,251,294. As the description indicates, many of the components on your pages, particularly your menus, rollover images, and shortcuts, are detailed in our claim. We would be delighted to lease these to you at a reasonable royalty rate of $80,000. Please call our offices at your convenience to arrange a payment schedule."

Nuts, right? We wish. Meet the Webvention Company, which appears to exist largely for the purpose of collecting money from companies whose online sites include commonly used features that can be construed as part of patent 5,251,294.


It's not a joke. It's an actual patent granted by the USPTO and Microsoft's Traul Allen has similar patents which he sues everyone with. Then there's the infamous JPEG on a page patent covered in [1, 2]. It's tied to Niro, the father of patent trolling [1, 2, 3, 4, 5, 6, 7, 8, 9]. The exact nickname of the patent is "The JPEG-on-a-website patent".

Just how far is the USPTO willing to go? There are more software patents being announced with great pride this week. What does that really contribute to technology? Have we learned nothing about the harms of monopoly? Just consider the harms of Microsoft bundling and its effects on progress in computing. As one blogger has just put it:

This is a nice phrase to startle computer sellers in most stores. Why is it that most computers come with Windows preloaded? To satisfy the users?? I guess that the price reductions on Windows licenses for OEMs --and price increases if they dare to sell equipment without Windows preloaded--have nothing to do with it. Nor does Microsoft's interest in fair competition and fair play.

So...if Windows comes with the computer, does that mean that Windows is part of the computer?

Clearly not. Microsoft licenses mean that the software is neither part of the computer nor yours. For the vendors, the licenses mean they have the permission to install it. What is yours is the permission to use it in your system. Do you own a copy of Windows? No, you don't. All of them belong to Microsoft, but they give you the privilege of using it--for a *small* price, of course! This resembles communism so much if you ask me. The differences are the entity that owns the goods and how people are granted the permission to use them. And still some say that Open Source equals communism??!!


Going back to the subject of patenting, BNET says that Twitter -- despite its near-monopoly in its area -- is not interested in patents:

Twitter co-founder Evan Williams predicted yesterday that the social media company will hit a billion users in time. It seems like wishful thinking if you look at the company’s traffic trend lines, but there’s no question that Twitter is big in social media. That’s why I find its patent strategy curious. Check US Patent Office records week after week and you begin to notice that Twitter doesn’t appear to ever file an application, let alone receive a granted patent.


Contrast that with Facebook, whose Microsoft-loving management has begun hoarding software patents [1, 2, 3, 4].

Over in Europe it's an entirely different story. Patent trolling is very scarce there, it hardly exists in fact (patent trolls utilise software patents, which are broad and impact a wide range of companies). The Geneva-based WIPO has been kind enough to give Free software proponents a room in the discussion over patent law and the nearby reporters from IP Watch covered the proceedings: [via]

Patents aren’t what they used to be at the World Intellectual Property Organization. Discussions to come up with a work plan at the Standing Committee on the Law of Patents (SCP) this week and in recent meetings point to the possibility of a sea change in thinking over what matters about intellectual property policy and law.


This article also speaks about royalty-free standards:

“Seeing as royalty-free standards can be implemented by anyone, where exactly do you see a barrier to trade in that?” added Karsten Gerloff, president of the Free Software Foundation Europe. The FSFE position on patents and standards is here.


The FSFE and the FFII have both been effective at exposing attempts to push software patents into Europe. Microsoft and its front groups try to do this via pseudo-standards and protocols/APIs (F/RAND), aided by corruptible or innocently misguided politicians. Apple does not appear to have real presence among the lobbying groups, but its actions too are a deterrent to innovation in the EU. Yesterday we wrote about the so-called 'anti-sexting' patent from Apple. A more professional name for it is "text message filtering" and it still brings memories from last month's censorship of SMS transmission by a large US carrier (done without user consent). Apple apologists may say:

Apple's invention, which may or may not ever find its way into an actual product, aims to stem the scourge of offensive texting.


Last month we saw such software being used not by actual customers but by the babysitting carrier. One day it may be just "offensive texting" (or "terrorism" and "child porn") and as time goes by, political dissent, just as an hypothetical example, can be automatically intercepted too. See this video which we posted earlier today.

Hugo Roy, the FSFE member who famously got in touch with Steve Jobs, shares news about another new patent from Apple. This article says: "A batch of approved patent applications from Apple issued by the U.S. Patent Office this week include descriptions of significant multi-touch innovations, such as pinch-to-zoom and knob controls."

Keep it classy, Apple. If Apple gets sued more often, maybe then it will stop amassing software monopolies.

Recent Techrights' Posts

In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
The UEFI hype and Microsoft's lies
By Sami Tikkanen
 
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025
Another Day and Another LLM Slopfest From Madame Day at the Slopfarm LinuxSecurity.com
Can't take a break, can she?
Sucking Up to Fascists (Like IBM's Watson Sucked Up to Adolf Hitler in the 1930s) Did Not Help IBM
IBM could stick to better principles, but instead it treats the Free software community and even its own staff like trash
Links 01/03/2025: GB News Loses Over 100 Million Pounds, Zelensky Wins World's Sympathy
Links for the day
Getting Serial Sloppers to Knock the Habit of Plagiarism by LLM Slop
All in all, the fewer the slop objects, the better
As Prices Soar and Services Shut Down (Even YouTube Starts Demanding Money for the Original or a Tolerable Experience) It's Time to Explore the Real Alternatives
https://inv.nadeko.net is the most viable instance of Invidious these days
Gemini Links 01/03/2025: Amends and GNU/Linux
Links for the day
Links 01/03/2025: Scam Altman's Latest Excuse, Google Price Hikes
Links for the day
Justice Will Find Its Way at the End
We deserve an award, not SLAPP, for what we've done
March Already, Rumours of IBM Layoffs in Brazil
Red Hat might be impacted too
Links 01/03/2025: Squashing Software Patents, USPTO Facing Additional Cuts
Links for the day
Links 01/03/2025: UNM Gopher and Getting One's Pages on gemini://
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 28, 2025
IRC logs for Friday, February 28, 2025