Bonum Certa Men Certa

Patents Roundup: Patent Lawyers, USPTO 'Thieves', Apple, and Microsoft

A bootleg video recording



Summary: A variety of this week's news about patents, including some from Apple and Microsoft

MORE people are becoming aware of the problems with software patents, which nonetheless percolate into new statements, press releases, and other items that we find in the news. The reputation of patents seems to have declined and facilitators of the patent system are becoming somewhat of a laughing stock.



We particularly liked this new example from Blackboard, which for PR purposes claims to be embracing Open Content that is easy to do when one's code is proprietary and patents encumbered. To quote:

Blackboard.com, which offers “learning management systems,” became a big deal at a time when many schools were still learning how to put teaching in the cloud. Critics called for a boycott of Blackboard in 2006 after it used a flimsy software patent to sue a rival, and raised fears that it would sue universities that were using their own teaching software tools rather than Blackboard’s products. The controversy abated in 2009, however, when a court found that the patent claims were invalid.


Many software patents are invalid in principle (prior art and triviality), but it costs a lot of money for a defendant to challenge them because the process and the system are broken, favouring the claimant (in court) and the applicant (in the patent monopolies office). Look no further than this article from a Mac site. It ridicules Apple's own patents, which given the site's bias is saying a lot. To quote the diversion (blaming the system rather than Apple):

Slide to Unlock? Patented



[...]

It’s a bit silly, really, but blame it on the patent system. Be that as it may, nobody now gets to use the popular ‘Slide to Unlock’ without infringing on Apple’s patent unless a court rules it is invalid or prior art. Here’s a video of the 2004-5 Neonode N1m, showing a similar Slide to Unlock that existed before the iPhone (4 minutes in):


We've all seen it before. There are more complicated examples which are actually physical and go centuries/millenia back. How could Apple have been granted a monopoly on this? It is an insult to Apple and to the USPTO. Any little kid could independently come up with the same "idea". A lot of Apple's patents are artsy and outright ridiculous.

Richard Hillesley has a good new article with a dramatic headline and it goes like this:

All patents are theft



If necessity is the mother of invention, patents are its delinquent offspring, providing stumbling blocks to innovation and progress, inhibiting the free exchange of ideas, and restricting our knowledge of how things work…


Patents are of course a restriction and a monopoly. They do not in any way help professionals move science and technology forward.

Over at Muktware there is this new piece about Microsoft's self-defeating fight against Linux/Android:

Microsoft is fast earning the reputation of being a troll instead of an innovator in the mobile space. The company dominated the desktop segment purely on the basis of anti-competitive business practices where they forced all competitors out of the market thus creating a monopoly. That monopoly is collapsing as OS is becoming more and more redundant in the era of Web and mobile computing.

Microsoft’s Windows Phone is a massive failure. Instead of pulling up socks and creating better products the company has resorted to the same old anti-competitive business practices which it used for selling its ‘stolen’, as Steve Jobs said, Windows OS.


"Stolen" and "theft" are propaganda terms in this context. But they can be embraced like the word "piracy" (as in Pirate Party and The Pirate Bay) to challenge and ridicule those who initiated or perpetuated the propaganda, including Steve Jobs.

“We are not on a path to win against Linux”

--Jim Allchin, Microsoft's Platform Group Vice President



Comments

Recent Techrights' Posts

The Aim is Not Fame
Reposted from schestowitz.com
SLAPP Censorship - Part 114 Out of 200: Thousands of Long Articles to Come, Properly Covering the SLAPP Industry in the UK and Its Modus Operandi
"Stowell described SLAPPs as ‘a stain on our legal system’."
Chad's Move to GNU/Linux or the Point of Exceeding 5% "Market Share"
experienced centuries of being colonised
GAFAM is Drowning in Debt, GAFAM is Clearly Not Sustainable Anymore (It Runs on Borrowed Money and Bailouts)
The war and surrender in Iran will deepen the debt; we'll see the GAFAM reports in late July
 
A Lifetime of Whistleblowing
Ellsberg did not have an easy life, but it was a rewarding life with a rich legacy focusing on justice
European Patent Office (EPO) Series: A Man With Many Missions...
Campinos – accompanied by Gilles Requena and Patrice Pellegrino
Links 22/06/2026: Ubisoft Co-founder Dies, Americans Have Turned Against Slop
Links for the day
Links 22/06/2026: "The Sycophancy Machine" and "Port 22 Open for 54 Days"
Links for the day
When People Who Make the Most Money Are the Best "Boot Lickers" (Sucking Up to Jeffrey Epstein's Circle and the Dictator)
Sucking up to rich people may pay off
"Internally Important, Externally Irrelevant": IBM in a Nutshell
Right now its debt spins out of control and its stock spirals down the drain
Finding a Way to Get Paid to Improve LibreJS
So now we have more people resurrecting LibreJS and improving it
Microsoft Can't Even Wait Until July, Shutdowns and Layoffs Already Happening
Mashable speak of "a grim picture for the state of Xbox."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 21, 2026
IRC logs for Sunday, June 21, 2026
Gemini Links 22/06/2026: Appreciating Simple Things, Perfect Summer Evening, IRIX, Vim and so
Links for the day
Gemini Links 21/06/2026: Dating Oaks, Paying With Cash, and "More on Withered Technology"
Links for the day
GAFAM Was Never an Ally to Europe
Only 1 in 10 Europeans see US as an ally — study [...] military providers in "tech" clothing cannot be trusted
GitHub, LinkedIn, and XBox Will Finish Like Skype (Sustainability Crisis)
Skype should become a verb. When Microsoft 'Skypes' something it means it basically shuts it down with some temporal excuse/s.
Drowning in Garbage: AUR Shows That Too Much Low-Quality Software (Including Slop) is Bad for Everybody
What happened in AUR had happened elsewhere before and will happen again in the future
Links 21/06/2026: EU on Patented (Monopolised) Crops, Microsoft Software "Narcs on You to Your Boss"
Links for the day
Microsoft at 50 Follows the General Trajectory of Skype
How many years does Microsoft have left before payroll becomes impossible?
A Year After a Microsofter Took Over The Register MS It is Effectively a Content Farm With News as a 'Side Dish'
This is not journalism, this is spam
IBM Pays the Media and Cons Some 'Journalists' Into Participating in "Quantum" Spam
"The Boy Who Cried Wolf"
You Don't Need an 'App' for Your Birdhouse (Slopfondlers Come for Birds)
That they sell those things as "AI" really says a lot about how dishonest slopfondlers really are
SLAPP Censorship - Part 113 Out of 200: The United Kingdom is Not Turkey
Turkey is ranked almost worst in the Western World for press freedom
Cybersecurity Does Not Mean Asking Microsoft for Permission to Boot
There were very good and timely reasons to speak about the matter, including impending antitrust complaints against Microsoft
Links 21/06/2026: Bots from Alibaba Do Harm and Many Xbox Games Are Being Cancelled
Links for the day
5 Years After Release of Vista 11 Not Even One in 5 People Use It (in the US)
It doesn't look like Vista 11 will ever be adopted like prior versions and announcing a Vista 12 will mostly upset companies/organisations that only recently "upgraded" to 11
Gemini Links 21/06/2026: Boca Raton, Perfect Summer Day, and LLM Doing Things Poorly
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 20, 2026
IRC logs for Saturday, June 20, 2026
Microsoft Insiders - Not Limited to XBox - Expect a 'Bloodbath' (Their Own Word)
This isn't limited to XBox
Reports of "PIP" as Means of Mass Layoffs at IBM This Year
some insights into the PIPs
SLAPP Censorship - Part 112 Out of 200: Strangles Women, Then Refuses to Even Attend Any of His Own Hearings About It
It is meanwhile very apparent that Brett Wilson LLP is becoming a "mench sphere"
Gemini Links 20/06/2026: "There Was Never Supposed to Be a Camera" and "What Is A Programming Language"?
Links for the day
Geminispace Reaches Its 8th Year, Today It Has Turned 7
Gemini Protocol 'went live' 7 years ago, just before the COVID-19 pandemic
Links 20/06/2026: "Full Page Paralysis" and "Hopes For Xbox’s Future Might Be Over Before It Even Begins"
Links for the day
European Patent Office's (EPO) Strikes "at a Scale not Seen Since Battistelli", European Patent Grants Down by Over 25% in Past 3 Months
The actions are effective
Real Security Elusive, Microsoft Layoffs to Coincide With Certificate Apocalypse
July 1
Links 20/06/2026: Microsoft's "Year of Shame" and "Feed the Writers"
Links for the day
2026 is a Year of Strikes at the European Patent Office (EPO)
As it stands at the moment, to many people the EPO represents crime, not law
Web Browsers Are Technically Bloatware (No Matter What Runs in Them)
Don't make it a society that shames people into using a Web browser where none should be needed
Fedora Has Changed a Lot Since I Last Used It (IBM Dominates Almost Everything, IBM Agenda Displaces Community Goals)
"It is effectively 100% run by Red Hat/IBM employed people... even when they are community-elected representatives."
Andy (Cyber Show) on His Teacher Who "Squeezed Every Last Drop Out of Life, With Gratitude, Humility, Generosity and Mettle"
Some call them "eccentric" and are dismissive about what they have to offer
Only 1.5% Oppose the European Patent Office's (EPO) Strikes and Other Industrial Actions Until 2027
Among those polled/surveyed (in a ballot)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 19, 2026
IRC logs for Friday, June 19, 2026
Gopher/Gemini Links 20/06/2026: Slop With Tcl/Tk and Nokia 770 Perishes
Links for the day