Bonum Certa Men Certa

Current Patent 'Reform' Criticised in the Press, Software Patents Need to Go

Bumps on the road towards freedom

Danger sign



Summary: An overview of coverage about patents and where we are heading without the required reform

SOFTWARE freedom is being jeopardised by the rising influence of patent cartels. One must not take for granted or for certain the triumph of Android, which enjoys an economic advantage. Hardware makers tend to favour Android because it is a free platform which also offers many features. Android can compete with Blackberry, Symbian, and iPhone/iOS not just because of cost but also the growing impact and inertia. Its vast repository of applications, for example, would not have been possible without the cost advantage; it is a chicken-and-egg scenario.



"This illustrates the sort of loophole that exists in the system, allowing big corporations to just harass their competitors without being sued back or even deterred by other patent arsenals."Realising that they react too late to the growing importance of Android, the oligarchy of Nokia, Apple and Microsoft now holds onto software patents. They are trying to diminish Android's cost advantage and also make it more expensive than already-pricey proprietary platforms (often tied to particular hardware/phones). Apple has been suing with goal of embargo, Microsoft has been suing mostly with goals of taxation and extortion/intimidation, and Nokia has just had a Microsoft mole installed. This mole has just passed thousands of patents to a patent troll, MOSAID, to attack Android while he spreads yet more FUD about Android. Nokia would like it to look like it is the troll -- not Nokia -- which is behind the patent attacks. This illustrates the sort of loophole that exists in the system, allowing big corporations to just harass their competitors without being sued back or even deterred by other patent arsenals.

The patent reform which the press speaks about these days is somewhat of a sham because it does not resolve the problems mentioned by those who have been calling for a patent reform. It is not entirely clear why the real problems are getting swept under the rug, unless of course one departs from the supposition that those in charge do not serve public interests. Here is a new AFP article which says about the exiting reform that is misses the point for the following reason (among others):

Endpoint Technologies Associates' Kay said consideration should be given to doing away with software patents altogether.

"People patent any old thing and they repatent things that are already patented," he said. "Really we should be going 180 degrees in the other direction and saying 'How about no patents for software?'"


James Temple, a Chronicle columnist, also expressed scepticism along similar lines. "The real solution is raising the bar on what gets patented in the first place," he wrote. "Technology industry patents are riddled with "fuzzy boundaries" - broadly-worded business methods and software solutions continually arrived at independently. If anyone can think it up, it ain't that novel in the first place."

"Protectionism and monopoly are not good for the public, but it is exceptionally beneficial to some people with a lot of money and power."James Love, who has been busy in recent days looking at Cablegate cables just as we did, claims that "In #TPPA negotiation, White House wants negotiating text secret from public, but available to governments and big firms" (underlining the problem with the existing process).

According to other sources, patent firm "Jurasoft gives 20.000 EUR to German Pirate Party, while filing for software patents in DE: http://t.co/2Q5CYDY http://t.co/KVUcQCy" (as noted by Benjamin Henrion). Will this influence The party's policies? It is not unusual for us to see groups that proclaim to represent public interest while in fact doing the opposite.

We remain hopeful that in this anti-competitive mess which puts Linux in danger there will be enough involvement from the public -- not large corporations -- which will result in elimination of software patents. Protectionism and monopoly are not good for the public, but it is exceptionally beneficial to some people with a lot of money and power. Their lucrative patent market is the embodiment of their entitlement. By crushing it, the public can take more power back from those who influence politics in private.

Comments

Recent Techrights' Posts

People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Links 28/03/2026: Microsoft's LinkedIn a National Security Risk, Microsoft's Slop "Ambitions Face Investor Scrutiny Amid Soaring Costs"
Links for the day
 
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026
Open Web Destroyed by Centibillionaires, Says Anil Dash of Blogging Fame
Blogging was going through its 'prime years' about 20 years ago
"Linux" Slop Going Away, Microsoft et al Pay 'Linux' Foundation to Promote Slop
It's a timely reminder that the Linux Foundation exists to promote whoever pays the Linux Foundation, even pedophiles and companies that attack the GPL
Gemini Links 28/03/2026: "Finding My Base Tone", "Astrobotany", and BugoutBack/OFFLFIRSOCH
Links for the day
Links 28/03/2026: More Worldwide Bans on Social Control Media (Harms to Adolescents), Protests in US Against Dictatorship
Links for the day
SLAPP Censorship - Part 26 Out of 200: Asking for Documents and Information You Already Have, Even Letters and E-mails That You Yourself Sent!
barristers are expensive
Gemini Links 28/03/2026: Echo Delay and 0x0.st
Links for the day
Rumours of More IBM Mass Layoffs at Beginning of April
IBM is not doing well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 27, 2026
IRC logs for Friday, March 27, 2026
"Headcount" as Distraction From Mass Layoffs and Salary Reductions
Things aren't looking well when one considers revenue is acquired, not earned
"Linux" Slop Turning Rarer, New York Times Nowadays Contaminated With LLM Slop
Another day has passed without much slop about "linux"
Links 27/03/2026: Studying Whale Births, Apple is Cancelling Products, Cambodia Arrests Journalists Over Photographs
Links for the day
Gemini Links 27/03/2026: GTD, Gopher Catchup, Gemini Crawlers, and "Slop Everywhere"
Links for the day
Mozilla Was Ruined Like Sirius Open Source Was Ruined - From the Top Down
Mozilla will never return to its Free software roots
Nokia Could Never Recover From Microsoft
It's very important to remember what really happened
Why Techrights and Many Other Sites Stopped Doing April Fools’ Day Articles
Well before slop (made by LLMs) it was "bad optics" to have satire or humour in a site, irrespective of the day of the year
President Not-Cocaine Campinos Notified of Historic EPO Strikes (Thousands of Workers Not Coming Back to the Office)
Please do pay attention to how the media treats these strikes in Europe's second-largest institution
Slides From the Presentation Discussing EPO Strikes Until End of June or Until End of 2026 (Maybe Next Year Too)
More to come soon (later today)
IBM Cuts Are Everywhere (Global), the Aim is to Lower the Pay
Because the revenues keep falling (IBM buys other companies' revenues using borrowed money)
Perpetual Strikes to Begin at European Patent Office (EPO), Large Majority Votes for Strikes Any Day of the Week
Approved industrial actions [...] Notice how none of the media or even so-called 'IP' blogs write about it
Mozilla is Not a Privacy Company, Mozilla is Run by GAFAM Executives and Managers Who Came From American Surveillance Companies
Would you trust a VPN they claim to be "free"?
SLAPP Censorship - Part 25 Out of 200: That Time Matthew J. Garrett Got Temporarily Banned/Suspended From Twitter
That he gets banned from large social control media platform is hardly surprising given his combative communications
Ubuntu Started as Free With ShipIt, Now It Becomes Payware That Exploits Debian Volunteers (Slaves)
"Ubuntu" the distro now replaces the GNU components inherited from Debian with a bunch of Microsoft GitHub (proprietary) things that reject reciprocal licences
Last Night The Register MS Published a Fake Article. It Mentioned "AI" 27 Times.
Paid-for nonsense! [...] What's left of once-respectable news sites actively harms society
Links 27/03/2026: Google Executive (GAFAM, US, Surveillance) "Named the New BBC Head", Prominent Climate Scientist Resigns From NASA
Links for the day
Gemini Links 27/03/2026: "Being Busy" and "Posting Again"
Links for the day
GNOME Has No "Real" Executive Director, Only an IBM (Perma)'Interim' One With No Openings in Sight
GNOME is having financial problems
Microsoft Experiencing "Leadership Exodus"
Microsoft's current position is no better than Meta's (Facebook)
GNU/Linux Distros Should Reject "Age Verification" and Uphold Software Freedom for Users
It's not about protecting children
Slop Plunge
we can already "smell the blood" of the so-called 'AI industry'
IBM Media Puff Pieces While Layoffs Go On and On
Has the PR industry absorbed the press?
Media Says Microsoft Hiring Freezes, But There Are Already Microsoft Layoffs
They want the public to talk about Microsoft as if it's just not hiring when it is actually firing
Richard Stallman lynchings: Sruthi Chandran splitting Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 26, 2026
IRC logs for Thursday, March 26, 2026