Bonum Certa Men Certa

Software Industry Abducted by Patent Lawyers

Present



Summary: The passage of wealth from scientists to litigators, whose confiscation of a once-thriving industry leaves Linux in a bit of a limbo

FOLLOWING our polite proposal/message to Google (thanks to all those who helped) we have received DiBona's response, which we haven't asked for permission to quote here, so we won't. But the general message is that Google is unable to distance itself from reports about intentions to buy software patents. it is probably just a matter of time. DiBona, for those who do not know yet, is their FOSS manager, so asking others in the company is unlikely to give more reassuring answers. It is a little troubling. There is more business forming around software patents because companies like Google offer top bucks for these. Who is left then to fight the good fight and actually do what's right about patents? The legalese folks are marching in to the sound of software patents (going where they smell money). FUD about licensing tends to come from these people too. FUD and confrontation is a gold mine to them (copyright disputes).



Based on a report from New Zealand (where the patent situation received a lot of coverage recently), the legalese folks are passing patents around like "property" as explained in this new report:

The Aptimize assets that will pass into the hands of Riverbed include patents and at least one software development going through application for patent in New Zealand. The latter is in a race against the New Zealand Patents Bill, which is set to ban patents on software in this country.

“Riverbed has acquired all the assets of the company including the patents,” says a Riverbed spokesman. “Further patent processing will be handled at corporate level.”

The patents relate to software for improving the efficiency of web-page access.

The present text of the bill says “a computer program is not a patentable invention”. A finer series of tests are being crafted by the Intellectual Property Office of New Zealand according to which patents may be granted for software that has a “physical effect” outside the computer on which it runs; but it is doubtful that a patent would be granted for software to improve the efficiency of the computer it runs on.

The Riverbed takeover is likely to pitch the patent application into the equally uncertain territory of US law. This has no explicit exclusion or inclusion of software in the realm of patent, while the relevance of recent decisions on patentability of business methods to general software patent criteria is disputed.

The spokesman offers no comment on whether Riverbed will consider it worth pursuing more New Zealand patents.

Commentators on previous Computerworld stories have questioned both the existence of prior art (the previous development of a similar idea by someone else) and the obvious process of the innovation claimed in Aptimize’s existing patents.

“Aptimize's patent #566291 represents a simple compilation of existing techniques such as JavaScript aggregation, CSS aggregation and CSS sprites into a convenient proxy server,” wrote Jonathan Hunt, in response to a story earlier this year.

“Each of those [is a] well established technique. Adding them together is not inventive, and should not be worthy of a patent,” he further claimed, in a comment on the Computerworld website.


Is that not amazing? Some companies would rather disregard the law and pretend that their asset is a mere idea written on paper. Isn't that what trade secrete are for? Implementations are already protected by copyrights.

We previously wrote about the state of software patents in India as well. It is reassuring to learn that patents are generally declining over there, which doesn't mean that Indian firms won't file for patents in the USPTO and then troll a lot of companies as we saw last week. Anyway, in India developers seem to be safer:

The Indian patents system, having its seeds laid in the British era (1852) and undergoing sporadic replantations (the 1912, 1970, 2005 Patents Act & amendments), was appearing to grow tall and bear fruits until a noticeable downfall last year. It was surprising and interesting to note the sudden decline in the patents filed, examined and granted with the Indian Patent Office as highlighted in the Annual Report 2009-10 of the Intellectual Property Office India.


This might further justify hiring Indian software developers. The USPTO is just doing harm to north America.

Going back to Google, although it expands in India (I was interviewed for a Google job in India or Ireland 5 years ago), the headquarters are still in the US, so Google is being attacked from many directions for selling a Dalvik/Linux distro. Groklaw has this update on the case and IDG claims that there is breakthrough as both companies get criticised for the following reasons:

According to a Reuters report, the judge also criticised Oracle when it appeared hesitant about discussing financial details in court. "This is a public proceeding. You lawyers and companies are not going to handcuff the court. This is not a wholly owned subsidiary of Oracle Corp".

The court has also been hearing about various deals that were on the table between Sun and Google. In 2006, Google says it rejected a $100M three year deal to work with Sun to jointly build Android. Judge Alsup asked why the company had discussed a licence with Sun and was told by Google's attorney, Robert Van Nest, that there was no specific discussion of patents. Van Nest also noted that while a few lines of code in Android are "identical" to Java, that code probably came from a third party. A 2007 letter from a Google executive to Andy Rubin, Google's Android project leader, was cited by the judge as saying "We conclude we need to negotiate a licence for Java". Van Nest said Google's position remained that there was no infringement and therefore no wilful infringement.


More links derived from the above are to be found here and here. We may expand on that over the weekend, time permitting (I will be away most of next week). The short story is, Sun wanted to be paid for something it oughtn't be paid for. In the world of software patents, making something which merely resembles another (in software) can be viewed as a violation that merits a fine. We must reverse those ludicrous laws.

Recent Techrights' Posts

Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
 
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to
LLM Slop Not Dead Yet, Examples of Slop About "Linux"
We wish to see the totals down to zero
Links 20/01/2026: Cheeto Blackmails France Into 'Peace' While Looking to Annex EU, Mass Layoffs in Capgemini (Microsoft Reseller/Promoter) in France
Links for the day
Gemini Links 20/01/2026: Boxing and "Inbox Zero" Success
Links for the day
Windows and Slop Declining While Microsoft Silences Critics
Microsoft tries to suppress facts while faking 'demand' by imposing slop on everybody, everywhere
openai.com Traffic Said to Have Fallen 50% in the Past Three Months, Reports Say It Nearly Ran Out of Money to Borrow
After the slop frenzy all we'll have left is environmental destruction
IBM Kills OzLabs, Signalling An Attack on Free Software (a Sign for Red Hat)
ibiblio also appears to have died (or experiences critical issues)
Red Hat Vice President Leaving After Nearly Two Decades
IBM's culture of secrecy is not compatible with Free software
Links 20/01/2026: "ChatGPT Health" (Latest Distraction From Being Insolvent) Flops and Raises Concerns, "The U.S. Military Faces a Reckoning on Greenland"
Links for the day
Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026