Bonum Certa Men Certa

Patents Roundup: Microsoft's New Patent Deal, Apple Lawsuits, Lodsys, US Backlash Against Software Patents, and More

Flipping pages



Summary: A collection of news of interest about patents, especially software patents

ON WE go with our coverage of software patenting matters, starting with the observation that this one patent -- just like many of its kind which paint software patents as "medical" -- simply puts lives at risk, for reasons that we explained before. As one Twitter user put it:

A US patent on using a computer with SMP in a dialysis machine?


Trying to attach computer restrictions with a patent monopoly is not helping; it's making things worse by limiting the work of many who are eager to help. It is only good for the party claiming the monopoly, for obvious reasons. See what happened to Kodak with its patents; it became parasitical:

A sale represents a sharp tactical shift. Kodak picked up just $27 million in patent-licensing fees in the first half of 2011 after amassing nearly $2 billion in the previous three years.


We wrote about Kodak many timers before. It is a valuable example of companies that become unable to make products and therefore turn to a "patent strategy" as they call it (litigation and taxation).

There is clearly a need for a fix in this system. The public demands it, but Obama disregards the petition and there are renewed attempts to get a reform passed. To quote one article on this subject:

d to pull the direct democracy lever at the White House but struck out earlier this week. Now they are reassembling for another push.

Software patents rankle many in the development community who believe they enrich lawyers at the expense of innovation. In September, the critics decided to test-drive the Obama administration’s new “We the People” initiative which provides an official response to petitions that garner enough signatures.

[...]

The petitioners may have their work cut out for them the second around. Due to the popularity of the petition program, the White House in October raised the number of signatures required for a response from 5,000 to 25,000. So far the software opponents have about 700 signatures with 27 days left to obtain the rest.

The petition is just one arena where the ever-contentious patent debate is taking place. Another one to watch is the Supreme Court which in December will again consider the scope of patentable subject matter in a medical case called Prometheus Laboratories. The Court ruled on the same issue in 2010 in a case called Bilski but its decision has been widely panned for failing to clarify what can and can’t be patented.


Among those in support of this broken status quo are patent lawyers who are looking to gain at the expense of the producing industry, including sites like this one and longtime software patent boosters who get quoted as saying:

Lawyer: Software Can Be Patented Even Without Code



There is an interesting post on software patents by Gene Quinn, a patent attorney and editor of the IPWatchdog blog. Quinn's advice is that there's always something that can be patented in software.


Does any software developer exist who can defend this? This merely represent the passage of work from programmers to lawyers who put down vague verbal descriptions in some pages rather than write any technical details. Some companies happily call their patents "software patents" because the United States harbours this type of thing. To quote:

Virtual Tour Software Patent Granted for VR2020.com



Some Virtual Tour companies pride themselves on their ability to provide virtual tours created from third party software but, we’ve taken our originality and technology in empowering our clients and have had a patent granted for our own unique software.


This is not a new 'invention'. A lot of it is usually mere geometry, so they are stacking up monopolies on mathematics, making it an explanation of nature which is now someone's monopoly.

Microsoft and Openwave



In other news, Openwave surges following not the release of some products (Openwave does not quite do that) but rather the signing of a patent deal with Microsoft. To quote Forbes:

Openwave Systems shares are trading sharply higher in late trading Thursday after disclosing that Microsoft has agreed to license the company’s patent portfolio. Openwave says that Microsoft “becomes the first company to license Openwave’s portfolio of approximately 200 patents, including several foundational patents covering smart device and cloud technologies, among others.”


This quite often sends the trolls well armed for a lawsuit against Microsoft foes, too (Android for example). As Dana Blankenhorn puts it:

Fact is, Apple and Microsoft (as well as others) don't believe you can build an open source codec or an open source smart phone. The basics of these technologies can't be innovated around, they say, and they are all ring-fenced with patent claims. Open source stay out.

This attitude is winning in courts, and it represents the chief challenge to open source going forward. Because in supporting open source in these growth areas, developers will increasingly find themselves accused of taking the side of China against Europe and America. China builds nearly all our hardware, and thus it's assumed that unless western companies can control software, distribution, and markets that our economies will become supine before our economic enemies.

My view is that this is a naïve attitude, and it's one I've been taking on for almost a decade. I first wrote about it in The Secret of Slater's Mill in 2003 and it's a lesson that bears repeating.


Jobs/Ellison vs. Android



Over at Rupert Murdoch's journal it is being reported that Samsung -- not Apple -- is being approached by the EU Commission:

The European Commission has requested information on patents from tech giants Apple Inc. and Samsung Electronics Co. which could lead to the opening of legal proceedings in a highly contentious area of patent law.

"The Commission has sent requests for information to Apple and Samsung concerning the enforcement of standards-essential patents in the mobile telephony sector," the European Union's antitrust body said Friday.

"Such requests for information are standard procedure in antitrust investigations to allow the Commission to establish the relevant facts in a case."


The EU Commission will hopefully make use of Steve Jobs' promises to kill Android, which show Apple's side to be more idealogical than rational. It is about destroying a viable competitor.

Here is a recent article about Steve Jobs' "plan to kill Android". this is partly aided by Larry Ellison's litigation warpath, which has been unfruitful since 2010 and will carry on next year.

Microsoft Florian, a lobbyist funded by Microsoft, seeks to portray Android/Motorola as an aggressor because Microsoft sued Motorola and Motorola may also be Google/Android. The problem we have here is that Florian carries Microsoft's talking points and as some articles show, journalists are foolishly quoting this Microsoft lobbyist who tries to daemonise the competition in all sorts of ways. Some journalists already know that these people are paid by Microsoft to do this. If they don't know, they should be told. It is IDG that quotes him in an article about trolls (which neglects to mention the impact of Microsoft/Apple abuse and instead portrays these as victims), so the spin lives on. It is a good investment for Microsoft.

Groklaw keeps abreast of the Ellison aggression against Android, this time addressing the Lindhold decision:



If Google's attempt to shield the Lindholm email had any remaining life in it before the trial court, you could almost hear the last breath going out of it this week. Consequently, Google gave notice (590 [PDF; Text]) that it intends to appeal Judge Alsup's ruling that the email does not constitute a privileged document and asked that, while the appeal is pending, the email remain designated as an ATTORNEYS EYES ONLY document. But Judge Alsup has once again said no on the issue of confidentiality. (596 [PDF; Text]) The point that will undoubtedly remain in contention on appeal derives from this passage in Judge Alsup's order:


It is just another SCO-like case. Ellison is Jobs' friend (he calls him "best friend" and "idol"), so we expect this lawsuit to be some sort of favour. If it's destructive to Java, Ellison might not care. It is claimed by Pamela Jones that the SCO lawsuit is not quite buried, either. SCO unearths something old and rusty under another name: There are some glaring questions worth raising:

Didn't UnXis also get the SCO Group name? In the SCO bankruptcy filings since the sale, the entity formerly known as The SCO Group calls itself TSG. But UnXis *didn't* get the litigation against IBM. It's listed on the Excluded Assets. So who exactly is this asking to reopen the IBM litigation now? The filings say it's "The SCO GROUP, INC., by and through the Chapter 11 Trustee in Bankruptcy, Edward N. Cahn." Maybe the lawyers forgot themselves that they need to change the name. They can do that later, I suppose, but it's odd to anyone like me, who actually keeps track of the details.

Update: As mentioned above, I've pulled the PDF of the memorandum, because "SCO Group" failed to properly redact the filing. I wonder how many times SCO can do this before someone notices it's not the first time? It also quotes from the section of the March 5, 2007 oral argument on the two IBM summary judgment motions, where the public had been asked to leave due to confidential documents being discussed, without redacting that part. Note my curled lip.


Lodsys Pains



Another case Groklaw keeps abreast of is the cluster of Lodsys lawsuits, which use patents from Microsoft's former CTO and also target Android developers. One firm stands tall:

Lodsys, the controversial “patent troll” that has sued everyone from the New York Times (NYSE: NYT) to Angry Birds, recently set its sights on a small web-software firm in France. Unable to afford a legal battle, the two-man company has come up with another tactic to push back against Lodsys’ legal threats.

GroupCamp is a Paris-based firm that provides web-based software to small business clients. In September, the company received a notorious “Lodsys letter” informing the owners they were infringing four patents. Such letters have been sent to dozens or hundreds of companies. The letters typically boast about “inventor” Dan Abelow‘s Ivy League education (he took business classes) and ask the recipient to purchase a license for the patents. You can see a sample Lodsys letter embedded below (apologies for the blurry text).


There are other actions that are a reaction to Lodsys lawsuits and even this event:

After receiving on the 29th of September 2011 a pre-litigation letter and licensing agreement from Lodsys, a non-praticing entity, we at GroupCamp have launched this dedicated website to foster cooperation between entrepreneurs and developers who have received the same letter from Lodsys. All available experience and knowledge will be made available on the website.


It's also available in French. In summary, there are several threats to Free software and these mostly emanate as patents. We generally know which players to keep track of, so we will.

Comments

Recent Techrights' Posts

UKIP TV (GBNoise) Covers Challengers to UKIP Nigel, Daniel Pocock Mentioned
Way to get noticed
This Bubble is Bursting, Piecewise
It's nice to see Wall Street getting some reality checks
Can We Finally All Agree That UEFI 'Secure Boot' is a Sham That Harms Security and Gives Microsoft Remote Control Over All PCs and Servers (Even Those That Don't Run Any Microsoft Software)?
Cui bono?
 
The State of Slopfarms
Slopfarms or LLM slopfarms are a menace and a problem on the Web
GNU/Linux Rising to 6% in Brunei
seventh in the world for GDP (PPP) per capita
Free Software is Like an 'Activist Movement'
People who argue strongly in favour of something (even very good things) will attract the wrath of those whom they oppose
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 18, 2026
IRC logs for Saturday, July 18, 2026
Links 18/07/2026: Chinese State Media Depicting Neighbours as Monkeys, US "Stocks Sink on Anxiety About Tech and Hey Hi (AI) Spending"
Links for the day
Gemini Links 18/07/2026: "Business Idiots Everywhere", "The Siren Song of DePIN", and Entering Geminispace
Links for the day
GNU/Linux in Lithuanian Desktops/Laptops Climbs to 8%, the Global Average
For its own national security it would be wise to abandon Windows
It's Not About XBox, Microsoft is Already Firing Hundreds of People Who Do "Security [sic] Engineering" [sic]
The official reason/excuse/lie told is something about slop, but no sane person would buy it (not even insiders who are impacted)
Bolivian People Adopt GNU/Linux (They Have a Domestic Distro Too, PluriOS)
Notice Windows falling to an all-time low
No Technical People Write About UK Parliamentary Elections
Almost none of them work in the media, which seems to favour parrots, slop, or parrots that use slop
"But Stallman is Scaring Away Women..."
Such dishonest projections (projection tactics) needs to be called out and refuted
First Female Debian Project Leader (DPL) Affirms Low Profile and Inferior Status of Women in GAFAM
3 months ago Sruthi Chandran was elected as Debian Project Leader (DPL) for a period of 12 months
After 5 Years Vista 11 Still Adopted Less Than Its Predecessor (Orphaned, End of Life Since Last Year)
Notice Windows going down to 40%
We Don't Depend on Google (or Search Engines in General)
there's a lesson here and it extends beyond sites
Only "Torvaldos" (Linus Torvalds) Can Use the F-Word, CoC Does Not Apply to the Enforcer, and Richard Stallman Punished for Using the Other F-Word ("Freedom")
"Linus Torvalds tells AI haters to fork off"
Explaining the Culture of Bulletin Board-Style Chat
Only desperate detractors would try to present something (cherry-picked) from IRC as some sort of official statement for Techrights
Independent, But Not Fringe
"Daniel Pocock is an Independent Candidate."
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day