Bonum Certa Men Certa

A Demise of the Patent Plot Against Linux

Apples in basket



Summary: As misconceptions about the patent systems get removed and Google's patents heap expands massively, a ban of Android devices proves counter-productive to Apple and there appears to be a growing push for reassessments, even from Google

JUDGING by the news, patent unrest has become part of the national debate and agenda. As always, lobbyists try to reverse this trend.



Microsoft Florian is still up to old tricks (see the comments too) and his lobbying agenda provides new distortions from a former Microsoft lawyer who helps distract from analyses of the Motorola deal. A known foe of the patent systems writes:

So let’s get this straight. Apple and Samsung are suing each other, while Apple relies on another division of Samsung for key parts. Apple and Microsoft–and apparently RIM–are using patents aggressively to stop competition, despite each having been hammered hard by others (including patent trolls) for patent infringement. Google, who seems to want patents for defensive purposes, lost out on the Nortel patent shield (acquired by its competitors Apple, RIM, Microsoft, etc.), but has paid billions of dollars now for patents from IBM and even from Motorola (recently its patent enemy), and may pay more for Interdigital’s patents–in a continuing escalation of the patent war in the smartphone segment of the market.


It all helps substantiate calls for a fix to the patent system, which has become a tool for Apple's litigation and blocking of competition. Giga Om indicates that Apple's embargo attempts are failing because the claims are weak and Apple's fabricated 'evidence' can only make matters worse. Glyn Moody's latest analysis goes along the following lines:

In the present case, that Community design [.pdf] consists of a drawing of a rectangular tablet with rounded corners and a border. That's it: it's as vague as a very vague thing can be, but apparently it's enough to get Samsung's tablet blocked in Europe because they, too, are rectangular with rounded corners and a border.


"The European Commission has created a monster here," explains Moody, "one that most of us (myself included) didn't even know existed. Clearly, this horror needs slaying before it starts marauding through the entire European economy, wreaking havoc on a scale that makes today's patent litigation look like playground fistifcuffs."

The Inquirer says that the ban has already been partially lifted and one GNU/Linux advocate notes that "[e]ventually Apple will have gained nothing from this litigation except some hefty legal bills."

"The Android army marches on...."

Peter Köhlmann, a German GNU/Linux advocate, says: "The whole thing is a riot. It has been the *wrong* court from the start. If apple wanted to ban the device in Europe, there is exactly *one* court which is applicable: The Trade court in Alicante / Spain

"And for Germany the Düsseldorf court was also the wrong one, they must use the one in Frankfurt, because that is where Samsung/Germany is located.

"So expect a *very* costly decision for apple to chose the wrong court and, to top it a little, use manipulated evidence."

With over 650,000 activations a day, Android is now making Linux very prevalent on mobile devices while the Microsoft-boosting cult promotes Microsoft's patent propaganda book. How shameful. They just cannot advise people to buy Windows phones, so they try to assure Microsoft tax on Linux.

Google is meanwhile exploring routes to defanging patent trolls, which Motorola's patent portfolio cannot be effective against. Katherine Noyes uses the whole case to say that this is why we need to kill all software patents. "If there's any lesson to be learned from Google's news-making activities these past few days," she explains, "it's that software patents are a problem."

"The most recent illustration, of course, is Google's $12.5 billion purchase of Motorola Mobility, clearly a strategy for gaining the latter's considerable catalog of patents."

Mike Masnick adds that startups needing patents is a myth too:

While I'm not as much in agreement with the crew of folks who likes to separate out "software patents" from the rest of the patent system (the whole system is broken), I can see serious problems with the way that "software" is patented these days. I tend to think that the fix isn't to carve out software patents, but to fix the whole system itself. Still, if we look at what are generally considered software patents, it does seem clear that they are doing tremendous damage to the industry and innovation as a whole -- and thus are very much in violation of the Constitution's patent clause which only allows for a patent system if it "promotes the progress." Tim Lee points us to James Besson's most recent paper, in which he analyzes a generation's worth of software patents and shows how such little most in the software industry actually seem to want patents. In fact, it's mostly those outside of the industry who obtain software patents.


Patently-O joined this debate about software patents by pointing out that:

In an important decision, the Court of Appeals for the Federal Circuit has rendered many broadly written software patents invalid under 35 U.S.C. €§ 101 as interpreted by Bilski v. Kappos, 130 S. Ct. 3218 (2010). Most patent decisions involve questions of whether an invention is obvious under 35 U.S.C. €§ 103(a) or sufficiently described under 35 U.S.C. €§ 112. Section 101 asks a slightly different question – whether the patented invention is the type of innovation that properly fits within our patent system. In language virtually unchanged for over 200 years, Section 101 indicates that a patent should be awarded to the inventor of "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof." Over the years, courts have repeatedly held that Section 101 bars the patenting of 'laws of nature, physical phenomena, and abstract ideas.'


So that ought to exclude mathematics, which is what a lot of software essentially implements at a lower conceptual level.

The USPTO says it has granted 8,000,000 monopolies on ideas so far. Does that actually promote progress or only an illusion of advancement? At Microsoft, patents used for vapourware is still the modus operandi, perhaps for PR purpose. Everything for mobile patents blackmail and Windows 8 hype. Hopefully the next version Windows will emulate the mobile platform and suffer a similar fate. It seems like neither Apple nor Microsoft could face Android without some legal harassment, and that too is ultimately failing because Google found armament opportunities. Interesting times ahead.

Comments

Recent Techrights' Posts

If Matthias Kirschner Loves Free Software, He'll Change the Name of the Microsoft-Sponsored Organisation He Governs (in Order to Avoid Confusion)
The FSF-EEE does not really like Software Freedom, it just loves money (including Microsoft's)
EPO's Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in The Hague: Workers Are Getting Sicker, Conditions in Which to Assess Patent Applications Deteriorate
"According to the Office statistics the total number of days of absence has gone up from 12.4 to 13.1 total number of sick days per Full Time Equivalent (FTE) from 2023 to 2024."
The Standard Needs to Improve Its Standards for Fact-Checking, Aaron Swartz Had Nothing to Do With Reddit and He Detested the Company That Created It
The Web is already bad enough as it is
New Paper From the EPO Highlights Large-Scale Discrimination at the Office, Where People Are Rewarded for Granting More and More Illegal Patents
Even the Kremlin is probably more competent than this
The Ultimate and Inevitable Fall of OpenAI (Even Brave is 'Bigger' Now)
"When you advertise at the Super Bowl, you’ve reached just about every consumer in America. It’s the last stop. If you’re not profitable yet, you never will be."
 
Scheduled Maintenance Tomorrow and on Valentines
If the site (or Gemini capsule) is offline for a bit, the maintenance windows are likely the root cause
Soylent News Lessens the Scope of Discussion Due to Persistent Trolling and Online Abuse
if they make it a lot harder for new people to participate, then they limit the "general appeal" and reach
When the Livestream of Richard Stallman is Apparently Bury-Brigaded Offline You Finally Learn to Avoid Google/YouTube for Streaming
Please, people, stop uploading to Google/YouTube
Links 10/02/2025: Ban on D.E.I. Language, Listeria Risk/Outbreak
Links for the day
Links 10/02/2025: Announcing "Stringless" and Mental Health Improvement
Links for the day
Links 10/02/2025: Facebook Mass Layoffs, "Meta" Did What Aaron Swartz Had Done But to the Tune of 81.7 Terabytes
Links for the day
Microsoft Tarnishing the Brand of Arch
Of course Arch can do whatever it wants, but being associated with Microsoft is a badge of shame
Adding Slop to Your Blog Only Makes One Assume All the Text is LLM Slop
Simon Coter from Oracle has turned to slop
Macao is Leaving Microsoft Behind
Windows is falling to new all-time lows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 09, 2025
IRC logs for Sunday, February 09, 2025
Microsoft's WSL (LSW) Shows That It Can Never Love Linux, Only Windows
that's just how Microsoft rolls
Activism in Times of War and a Coup
'Linux' Foundation works for fascism
What the Silencing of Neatnik Tells Us About Linus Torvalds Inside a Microsoft-Dominated 'Linux' Foundation
Is Linus Torvalds free to express his mind as he wishes about every topic, even just any technical topic?
Windows Down to 11.35% in Senegal, as Measured by statCounter
Another all-time low (Windows was at 99% in 2009)
"Latest Technology News" in BetaNews is LLM Slop Promoting OOXML and Proprietary Software at the Expense of LibreOffice and OpenDocument Format (ODF)
Remember that "open-source" and Open Source aren't the same; the former is fake
Links 09/02/2025: Coffee, Toxic Productivity, and Programming
Links for the day
Debian's Human Rights violations & Swiss women Nazi symbolism
Reprinted with permission from Daniel Pocock
Links 09/02/2025: Software Patents on MP3 and Another Scam Dressed Up as "Crypto"
Links for the day
Links 09/02/2025: Russian Energy Cut Off, LLM Pushers Show Signs of Desperation
Links for the day
Richard Stallman (RMS) Does Not Have Media Companies and Lobbyists on His Side, But His Message Spreads Regardless
The message of RMS is spreading in spite of all the smears
GNU/Linux Rises to All-Time High in Chile
sharp rise for GNU/Linux in Chile
Links 09/02/2025: Hottest January on Record, Panama Blackmailed
Links for the day
Why We Still Love Gemini Protocol
Gemini Protocol may seem like something "old" (it's actually very new) and something "nobody would use", but many people use it
Gemini Links 09/02/2025: "Died as a Mineral" and Game Interface for a Non-Game
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 08, 2025
IRC logs for Saturday, February 08, 2025
Links 08/02/2025: UK Back Doors and Religious Fundamentalists in Positions of Higher Power
Links for the day
Today's IBM (Red Hat) Isn't the Company That Fought a Microsoft-Sponsored SCO in Court
IBM is nowadays in a state of rapid disintegration
When You Simply Rebrand Almost Everything as "Hey Hi" ("AI"), "Hey Hi Workloads", "Hey Hi Datacentres" and Whatnot
The "growth" has been a growing lie for years if not decades
Microsoft Windows Falls to 12% in Myanmar
Remember that Microsoft is virtually 0% in mobile
This is the Man Who's Attacking Linus Torvalds et al in "a Disease" (Social Control Media)
One thing that Richard M. Stallman and Torvalds can agree on is that Social Control Media should be avoided
Gemini Links 08/02/2025: "Thought Leaders" and Returns to Gemini Protocol
Links for the day
Links 08/02/2025: MElon Coup, Mass Layoffs at Facebook, and PlayStation Network Down
Links for the day
Unlike GAFAM, Free Software Serves You, It Does Not Serve Governments and MElons (Overlapping Forces)
Tired of oligarchy controlling your life through gadgets and "apps"?
On Wars Against Founders
We need to insist that founders remain
When It Comes to Social Control Media, Linus Torvalds is Channeling Techrights
GAFAM workers know exactly who to aim at
New EPO Paper: Promoting (Rewarding) People Who Grant Many Illegal European Patents to Make More Money (at Europeans' Expense) While Patent Courts in the EU Are Themselves Illegal
now the coup is sort of complete and even the "courts" are part of the corruption
Slopwatch: Carnival of LLM Slop and FUD Spewed by Bots, Pasted in by MaKenna Hensley and Day
Welcome to the Web in 2025. Articles about "Linux", "Security", and the Web (e.g. "Firefox") are fake.
Links 08/02/2025: News Corp Admits Traffic Declines, Wildlife Trafficking Tackled
Links for the day
Gemini Links 08/02/2025: Lamp and Notions
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 07, 2025
IRC logs for Friday, February 07, 2025