Bonum Certa Men Certa

Software Patents Face New Challenges as FTC Notified, Bilski Case Invoked, and Re-examinations Carried Out

In the cave



Summary: Another look at the complaint against MPEG-LA, Oracle's case against Google's Android, and Paul Allen's case against the world

The fight against aggression with software patents is met with some early success, but it is premature to declare victory before final judgments. Moreover, addressing the problem on a patent-by-patent basis would be inefficient and almost impractical.



Patents are hurting standards and the FTC is being informed of that by the good folks behind Ogg (EN | ES).

It was not so long ago that there was federal intervention following bad practices with patents from Rambus, as we explained at the time [1, 2, 3, 4, 5, 6, 7, 8, 9]. For the patent holder/s it is great to have standards which virtually force everyone to pay a tax, but for everyone else it is unfair, unreasonable, and discriminatory.

According to Patently-O (a pro-patents blog), it is possible that more resistance to software patents will soon need to come. To quote their conclusion:

That Federal Circut decision was based on the court's machine-or-transformation test that was subsequently discredited by the Supreme Court in Bilski v. Kappos (2010). In the wake of its Bilski decision, the Supreme Court vacated the Federal Circuit's Prometheus decision and remanded for a new opinion. On remand, the Federal Circuit again affirmed that the Prometheus claims are eligilble for patent protection.


The Bilski test or Bilski case keep coming up on occasions and sometimes they become a successful basis for invaliding patents that reach the courtroom. But a step further is needed. Anything short of elimination of all software patents would simply leave Free software in a dubious state, or a state where only a subset of it is approved for use (but not for redistribution). Right now even Java, despite being Free software (supposed to be GPLv2, not v3), is under a patent attack from Oracle. Since Google is willing to go quite far and challenge the allegations, Oracle's patents (that it bought from Sun) are almost deemed unenforceable (if they become invalid, which is increasingly likely). To quote:

Oracle's Java infringement case against Google isn't going exceptionally well for the database giant these days, with another setback delivered by the US Patent and Trademark Office (USPTO) in the form of a patent reexamination this week.

Historically, things haven't been rosy for Oracle since their August 2010 lawsuit was launched, accusing Google of infringing on Oracle's Java software.

Oracle acquired Sun Microsystems' Java technology when it bought the company in 2010. Instead of licensing Java from Oracle to use in Android, Google developed a "clean room" version of the Java virtual machine, Dalvik, for Android instead. Oracle says that Dalvik deliberately infringes on Java anyway, despite efforts to build Dalvik from scratch.


Another case against Google et al., this one from Microsoft's co-founder, is weakening. Groklaw reveals that:



In a judicious (pun intended) move, the court has considered the motion for stay filed by the defendants seeking to stay the trial until after the USPTO completes the reexaminations of the Interval patents. Despite Interval's opposition to this motion, the court has granted the stay [PDF], and the trial will now await the outcome of the USPTO determinations.



So here we have another case where upon filing a lawsuit, the patents in question get challenged and perhaps, just hopefully, they might be declared invalid and the lawsuit which is hinged on them get tossed out.

In its patent extortion escapades, Microsoft (or Apple) typically goes around suing small companies or mere distributors that have little incentive -- unlike Google -- to go ahead and invalidate patents -- a tedious and expensive process.

Recent Techrights' Posts

Linux Foundation is a Mediator for Microsoft et al, Not for Small Companies That Support Rather Than Attack the GPL
Many people still wrongly assume that because it is called "Linux Foundation", then it is pro-Linux and represents the same mindset
This Past Friday, Confirming What We Said All Along About Brett Wilson LLP: It's Shrinking, Has Considerable Debt, Loss of Net Assets Despite the Microsoft SLAPP Money
The documents only became publicly available less than 2 days ago
There Was Always Too Much 'Crazy Stuff' Going on Around Freenode
What many IRC users lost sight of
Exposing Crime is Not a Crime (It Never Was)
In the eyes of rich and powerful people, those who speak about their crimes are the "criminals"
 
Links 08/06/2025: Tiananmen Carnage Censorship Persists, North Korean Goes Offline
Links for the day
Gemini Links 08/06/2025: Love as an Ethnographic Method and Monitorix Gemini-Frontend v0.1
Links for the day
Links 08/06/2025: Exposure of More GAFAM Surveillance and Social Security Records Compromised
Links for the day
Some of the Many Reasons We Sued Microsofters for Harassment
perpetrators of harassment
For 20 Years Many People Were Sharecropping for Canonical's Oligarch, Now He's Deleting All Their Contributions
"Ubuntu has erased instead of archiving the trove of material at Ubuntu Forums"
GNU/Linux Distros Abandoning Microsoft GitHub
Will curl be next to leave Microsoft GitHub?
Expect More XBox Mass Layoffs Soon If the Rumours Are True
From a Microsoft media operative
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 07, 2025
IRC logs for Saturday, June 07, 2025
Europe Needs to Move Away From GAFAM; The Sooner, the Better
Europe - not just the EU - must abandon GAFAM as soon as possible
The Issue Isn't GNOME's Promotion of Diversity But GNOME Corruption, Abuse, Censorship, and Worse
So-called "Conservative" (republican, pro-Trump, bigoted) people want you to think the problem with GNOME is politics
When the News Sources Become Scarce and Increasingly Full of Polluted/Contaminated 'Content' (With LLM Slop and Slop Images)
Integrity matters
"Linux" Sites That Spew Out LLM Slop
We're lacking enough material for another "Slopwatch"
Abuse Inside the Polish Patent Office (UPRP) - Part V: Breaking the Law, Just Like EPO
We'll hopefully cover some of the pertinent details later this year
Links 08/06/2025: Security Lapses, CISA Cuts, and More
Links for the day
Gemini Links 07/06/2025: Mime Types and Geminisphere Introduction
Links for the day
Links 07/06/2025: Slop Companies Retain All Private Data, More Books Banned in the US
Links for the day
Gemini Links 07/06/2025: "A Monk's Guide to Happiness" and "Wireless Earbuds"
Links for the day
Links 07/06/2025: More Rumours of Mass Layoffs in Microsoft's XBox Division, New COVID Variant
Links for the day
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