Bonum Certa Men Certa

Halliburton and the UN (World Intellectual Property Organisation): Patent Globalisation, Monopoly Maximalism, and Software Patents

Francis Gurry from WIPO
Photo by dkpto @ Flickr, Creative Commons Attribution 2.0 Generic



Summary: Bad companies and selfish people are making the patent system worse for everyone; the White House is urged to bring about change, but petition signers are not of the 1% (or less) that influence and sponsor the party

BACK we go to the subject of software patents, which we have not covered quite so thoroughly as of late.



This subject is not about any one particular company. It affects everyone, including proprietary and Free software developers. It also affects non-developing members of the public because hefty tax is being silently passed to them.

It is hard to get over the news about Halliburton expanding the boundaries of software patents, bringing some more of them to Europe (or to the UK, to be more specific). At Computer Weekly, one who was previously accused of helping Microsoft's agenda (we were not persuaded by the evidence presented to us though) writes that "The High Court has overturned a decision of the UK Intellectual Property Office (IPO), explicitly confirming that technical design methods are patentable."

As one can see in our IRC logs, the president of the FFII was rather disturbed by this. It was also brought up there that Gurry's patent boosting at WIPO (which the FFII previously pointed out) carries on with more outrageous statements:

Last June, the Swiss Press Club held a launch for the Global Innovation Index at which various speakers were invited to talk about innovation. After the head of CERN and the CEO of the Internet Society spoke about how important it was that the Web's underlying technology hadn't been patented, Francis Gurry, the Director General of the UN's World Intellectual Property Organization (WIPO), took the mic to object.

In Gurry's view, the Web would have been better off if it had been locked away in patents, and if every user of the Web had needed to pay a license fee to use it (and though Gurry doesn't say so, this would also have meant that the patent holder would have been able to choose which new Web sites and technologies were allowed, and would have been able to block anything he didn't like, or that he feared would cost him money).


We also mentioned Gurry in [1, 2, 3], including leaked material from Cablegate.

These disturbing ideas from WIPO are not surprising. We have been pointing out this dangerous attitude from WIPO for quite a few years. Then there are patent lawyers and their blogs that spread more propaganda about patents and their supposed 'benefit' to society. Consider the post "EU confident over unitary patent plans" (too many contradictions as shown by Axel).

Other patent lawyers' blog still tilt the balance in favour of software patents. For example:

Ultramercial v. Hulu: Computer Programs and Patentable Subject Matter



[...]

Software is patentable Layered on top of this finding is the court's rejection of the argument that software programming amounts to abstract subject matter. "The digital computer may be considered by some the greatest invention of the twentieth century, and both this court and the Patent Office have long acknowledged that "improvements thereof" through interchangeble software or hardware enhancements deserve patent protection. Far from abstract, advances in computer technology—both hardware and software—drive innovation in every area of scientific and technical endeavor." Slip Op. at 12.

This holding is in tension with the Federal Circuit's recent opinion in Cyber Source Corp. v. Retail Decisions, Inc., No. 2009-1358 (Fed. Cir. Aug. 16, 2011), in which a panel consisting of Judges Bryson, Dyk and Prost concluded that a method of verifying a credit card transaction over the Internet constituted an unpatentable process. While the panel in Ultramercial recognized this tension, it distinguished Cyber Source as an instance of "purely mental steps." Ultramercial Slip Op. at 13 (emphasis in original). The line, at least from the point of view of this panel, thus lies somewhere between logical steps that humans can perform without the aid of a computer versus those that require a computer to carry out.


The whole "embedded" trick is completely dishonest. To paint software as "machine" is like painting mathematics as "abacus" or comparing a musical piece to "gramophone" to justify patents on drum beats, vocals, or a short sequence of words. It is truly absurd, but patent lawyers would go as far as they can to justify more and more patents on everything which people think about and do. It is a tax on society and the lawyers take a cut from all these fees.

"To paint software as "machine" is like painting mathematics as "abacus" or comparing a musical piece to "gramophone" to justify patents on drum beats, vocals, or a short sequence of words."How much should we be willing to remove from our thoughts and actions just to feed a redundant industry that prevents small businesses from threatening the status quo? These are mere gate keepers. Just watch Microsoft as it gets a trademark for retail store plans (no, it is not a joke). The Register says that "Microsoft has been awarded a trademark on its design for a store selling all things high tech." (trademark registration #4036534).

How many shops are infringing? Should they all be shut down or be forced to pay Microsoft? It is a little reminiscent of the Lindows case.

The Economist, a reputable paper which is neither run by lawyers nor written by engineers, ought to view this whole pyramid/MLM scheme of a system as a bad idea. Not so long ago it posted some rants against the patent system and now it's airing a piece titled "programmed nonsense". To quote the relevant parts:

The message is finally getting through. When the White House opened a website earlier this month for people to create and sign petitions they feel passionate about, one immediate favourite asked the president to “direct the [USPTO] to cease issuing software patents”. The petition garnered more than 12,000 signatures in the first few days. The White House has promised to respond to any petition that collects 5,000 signatures during the first month.

Software patents and business-method patents (invariably based on some software algorithm) are unlike any other type. As a rule, mechanical, chemical, material and even biological inventions and discoveries are concerned with some novel feature that can be measured and uniquely defined. But software programs deal almost exclusively with mathematical relationships that are well known and widely used. In writing software, programmers do not have to make novel, serendipitous discoveries, as inventors in other fields do. In many ways, that makes programming a good deal easier, and certainly more predictable, than inventing.


The corporate press can say the truth, unlike all those "IP" people who run blogs for patent lawyers or even "UN"-painted bodies like WIPO, which is also run by the "IP" crowd. Why are those foxes allowed to have so much influence over the hen house, aka White House? The republic needs to be run for the benefit of the people, not parasites.

Recent Techrights' Posts

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
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
 
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
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
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
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
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day