Bonum Certa Men Certa

Patents Wrath Escalated to President Obama

Obama



Summary: Patents are viewed as anti-competitive and Verizon’s Chief Counsel asks the President of the United States to address the problem

UNHAPPY with the USPTO, more and more companies -- not just individuals -- rant in public. Novell has been mentioned quite a bit in relation to the Motorola patents (Mobility) sale because in both cases companies were valued not for real property but for monopolies they received from the government. In Novell's case, the patents went into CPTN, which Microsoft and Apple would use for anti-competitive purposes. In fact, around the time of the Motorola-Google agreement there were several articles from reputable source calling patents "anti-competitive", referencing Google's allegations including exact quotes [1, 2]. Another large party that engages in this anti-competitive war is Oracle, which Groklaw keeps tracking because of the anti-Android lawsuit. As we have shown here many times before, Microsoft-connected (via IV) patent trolls also launch lawsuits against Android developers, so the EFF organises an event which will inform them. To quote:



As you probably know, we’ve been closely following the Lodsys mess and watching as the patent troll asserts its patents against companies large and small, and — famously and most egregiously — against small app developers. Large companies such as Best Buy, CVS, and the New York Times Company are fighting Lodsys in court (and challenging the validity of its patents). But those lawsuits could take years. In the meantime, app developers all over the world, many of who cannot afford legal counsel, face the uncertainty long-felt by the victims of patent trolls and are left wondering what they can and should do to protect themselves.


Microsoft is meanwhile getting more patents on tablets and the New York Times does its usual thing by batting for Apple's patents, praising those with Jobs' name on them. To quote the heading paragraph:

The 313 Apple patents that list Steven P. Jobs among the group of inventors offer a glimpse at his legendary say over the minute details of the company’s products — from the company’s iconic computer cases to the glass staircases that are featured in many Apple stores


A lot of people may not remember it, but Apple's eagerness to sue iPhone competitors using patents was first seen coming from Cook (Apple's new CEO), who issued a veiled threat to Palm after they had unveiled WebOS. This was so serious that it later led to a formal complaint to the US government. We do not expect Apple to be any gentler after Jobs' distancing from the company. Apple cannot compete so fairly anymore. Linux is catching up in terms of market share, having already outpaced Apple features-wise. First it happened in phones and now it happens in tablets.

"Linux is catching up in terms of market share, having already outpaced Apple features-wise."Here is a good visual overview which shows what has happened in the market due to patents. This has clearly gone out of control and helped the exclusion of small players (or those without many patents). It also became a breeding group for parasitic entities. Well, citing this analysis, a Microsoft-friendly site says that someone "even thinks that we are in the middle of a patent bubble."

It also says: "Software patents often cover a very broad scope, while they should be more concrete and narrow. This is due to the fact that large organizations are increasingly using them for legal warfare. Such abuse of patents prevents innovation instead of enforcing it. And even worse, smaller companies or indivduals cannot afford the time and money for a patent lawsuit. Eventually, software patents enforce monopolies. To give an impression: An Android phone covers around 250.000 patents according to Google."

Realising that something is clearly amiss here (too much counter-productive tension and aggression), the Chief Counsel of Verizon is calling for Obama to step in. As one site puts it: "Recently, all of the major players in the smartphone industry have been tied up in patent wars. Apple, Google, Research In Motion (Blackberry), and Microsoft. Even hardware manufacturers like Samsung, HTC, and Motorola have seen their fair share of patent warfare this year. Each small judgement in court continues to highlight the ongoing ‘Google vs. Apple’ battle.

"Google has been a dark horse in the smartphone industry as it is seemingly giving away its Android software for free. Google also holds a huge advantage over its competition with the enormous amount of advertising revenue it brings in from its search engine. Google uses this revenue as a way to create profit from its software inventions. Because of this advantage, most of the smartphone industry looks to Google as an undeniable freight train, patents or no patents. Which brings us to why Apple is putting up the biggest fight."

Here is another new piece of criticism about the system. It states the following:

The state of Intellectual Property (IP) in general (copyrights, patents, trademarks) has gotten stupidly bad over the last few years. Systems that were created to encourage innovation with the public as the benefactor have got turned completely on their heads; today the systems stifle creativity, benefit big corporations solely, and harm society. As a Linux user this isn't news to you, I'm sure. But I'll bet your neighbor doesn't really know how bad it is, or might even think the system is “working”. How do we wake the general public up?

My goal here is not to explain what is wrong with current IP laws. That's covered quite well on other sites, like Techdirt and the Deeplinks Blog by the Electronic Frontier Foundation. Those are great resources for someone who really wants to delve into the mess that is IP regulation, but is probably a little more than your typical layperson can digest.


With the increasing realisation that patents are just over-hyped and actually quite harmful, change is likely to happen. Will Obama bring it?

Comments

Recent Techrights' Posts

How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
 
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026