Bonum Certa Men Certa

Patents Roundup: Broken System as the News Attests to the Failure

Brick wall



Summary: Some bits of news that seem relevant to the patent wars which affect Linux and Free software in general

THE US patent system is as broken as it has been since the start of this year (and probably more broken than ever before).



Lodsys the patent troll extorts a company, proving just how ridiculous things have become and The Economist says: "The number of patent applications in the world rose from around 800,000 in the early 1980s to 1.8m in 2009, according to the World Intellectual Property Report 2011, newly published by the World Intellectual Property Organisation (WIPO)."

This is not a good thing and it also shows that patents are not indicative of innovation. Innovation did not just double in a couple of decades. What we see here is a world that gets increasingly troubled and disturbed by patent monopolies.

When patent trolls like Intellectual Ventures are the ones rising while other companies -- real companies that make products -- declare bankruptcy, then innovation is truly doomed.

The corporate press continues playing along with this whole "IP" extravaganza and The Register shows Apple trying to get monopolies in the field of Computer Vision, which is a field I work in. According to this article:

Apple secured a patent yesterday on software to create and identify 3D models of faces, animals, aircraft, military vehicles and tumours in one of the more unusual tech patents to be awarded in recent months. This came to light after the US Patent and Trademark Office published a series of newly awarded patents.


Shame on Apple for claiming monopolies on mathematical methods. That's what Computer Vision is about, mostly manipulation of matrices. There is no excuse for granting exclusive rights on use of geometry. Whose laws of nature are these anyway?

Over in New Zealand the Pirate Party does good work that tackles the patent question (like the Pirate Party in Australia) and in its latest move we find more evidence of that:

Party president Tommy Fergusson said the key issues for the party were the "three strikes" copyright regime that came into force in September, under which people can be fined up to $15,000 for downloading copyright material, software patents and a filtering system set up by Internal Affairs to block access to child pornography sites.


The part relevant to us is about software patents. Other parties do not talk about it. Over in Europe, regulators get involved and one source says that "The European Commission 's vice president for competition, Joaquin Almunia, has for the first time publicly voiced his concern about how certain high-tech companies may be using intellectual property rights unfairly to thwart rivals and distort competition, reports Reuters.

"Almunia's decision to speak publicly could signal that an official investigation is in the works.

"In particular, the European Commission is looking into the spate of smartphone patent battles between Apple Inc. (Nasdaq: AAPL) and Samsung Corp. , but it has not yet launched an official probe. The EC requested information from Apple and Samsung, but Almunia said he has not received answers. (See Euronews: Vodafone Guns for UK Govt Deals.)"

How does any of this patent confrontation which Apple started benefit the European buyers? Here is what Murdoch's press quotes in relation to this:

"The patent system is very seriously screwed up," says Ed Black


Ed Black was paid by Microsoft and even he is able that the patent system lost its way.

Some of the better examples of the patent system being broken come from the smartphones sector. Here is a new article about this which says:

Smartphone sector in a patent arms race



[...]

Specifically, an eruption of patent lawsuits has occurred between almost every major developer of smartphone hardware and software in the industry. In many respects, companies are buying insurance against future legal action, injunctions, etc.


Microsoft is currently using Nokia as a patents weapon, probably against Android (through MOSAID). The president of the FFII writes: "Nokia patent lawyer gives no solution for SMEs attacked by trolls, left them in the cold by dark software patent system"

The Pirate Party in New Zealand has also just stepped in (yes, again) and gotten involved in the news again. No other party seems to be doing anything substantial about it. Those who do simply struggle to get funding and those who do (like the German Pirate Party) sell out by taking money from supporters of software patents. Here is what happens in New Zealand:

Internet users in Hamilton East and Wellington who are concerned about the "Skynet" copyright regime will have a chance to make a protest vote at the election tomorrow.

The Pirate Party failed to garner the 500 members it needed to contest the party vote in the election, but is fielding candidates in the two constituencies.


What we desperately need in all nation is a political presence that realises what patents are really about. Not some online petitions which give a shallow impression of the public being listened to; we need real action. The Against Monopoly Web site cites a new article that tackles an issue related to software patents and remarks as follows:

The New York Times ran a surprisingly long and tough piece from Reuters titled Making Sense of Patent Law link here. It opens, saying "The United States Supreme Court has a chance to reverse the mission creep in patent law. The system is supposed to reward inventors but not stifle innovation. Fuzzy and overly broad concepts like thought processes generally are not protected. Yet one company, Prometheus Laboratories, reckons it owns a method for interpreting how patients react to a drug."

It then traces the history of patent law covering ideas which consistently forbade such patents but by 1994, was patenting "any software with a practical purpose."


What example can be cited of a software patent bringing real progress and lowering costs? Innovation is supposed to be about benefits, not the hoarding of paperwork and legal fees that accompany this.

Recent Techrights' Posts

Professor Eben Moglen on How Social Control Media Metabolises Humans and Constrains Freedom of Thought
Nothing of value would be lost if all these data-harvesting giants (profiling people) vanished overnight
Debian Left Twitter (MElon "X"), We Think the Free Software Foundation (FSF) Should Do the Same
What would the FSF really lose if it stopped posting there?
Tons of Anti-Linux 'Articles' Published by Bots (LLMs), Maybe Microsoft's
Upon closer inspection, all this FUD turned out to be LLM garbage
Ubuntu Desktop Director of Engineering Has Only One Blog Post. It Promotes Microsoft Windows.
Remember that even 15 years ago (more or less, maybe 16 years ago) Canonical appointed a a 'former' Microsoft manager (Spencer) to lead Ubuntu on the desktop
 
Gemini Links 07/02/2025: Mid-level Details and Simple Code
Links for the day
Links 07/02/2025: US 'Demolition Crew', e-ID Loopholes, and Sanctions
Links for the day
Social Control Media is Narcissism
Nowadays there's a lot more literature and even press coverage explaining the harms of Social Control Media
statCounter Sees GNU/Linux Share Doubling in China Over the Past Year
It'll be interesting to see what data in the coming months shows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 06, 2025
IRC logs for Thursday, February 06, 2025
Richard Stallman (RMS) Confirms Next Week's Talk in Europe
He gave at least 2 talks in Europe last month
Nationalism As A Service (NaaS) by Microsoft Azure, Gutting the US Government for Profit
Will Microsoft be receiving bailouts as a reward for all this?
Rumours of IBM Layoffs Apparently Confirmed Yesterday, IBM Canada Consulting Impacted (as Rumoured)
when IBM has layoffs we must also read it as Red Hat layoffs
Gemini Links 06/02/2025: Voicemail Sucks and Night of Lights
Links for the day
Links 06/02/2025: YouTube Takedowns Out of Control, 'DOGE' Breaking Laws
Links for the day
IBM Red Hat on "era of cloud computing", pushing "hey hi" (AI) hype in Microsoft Azure
LLM slop might actually be more benign than Microsoft promotion
Corruption and Rule-Breaking Prevail at the European Patent Office (EPO), Europe's Second-Largest Institution
The law does not really exist at the EPO; it can be perceived as merely a "recommendation"
statCounter: More Countries Where Windows is Around 1% "Market Share" (People Have Moved to Android/Linux)
in some nations Windows is already 1% or less
404 Media Says "Workers at NASA Told to Drop Everything to Scrub Mentions of Indigenous People, Women from Its Websites" But There's Also Accessibility in the Firing Line
In the case of abandoning accessibility, everyone stands to be hurt and proprietary software can be brought in to replace standards
When BetaNews Writes Real Articles About "Linux" They Promote Windows
The Web is in a bad state. We need to at least try to correct this.
Gemini Links 06/02/2025: Cynicism and "Real Magic on the C64"
Links for the day
Links 06/02/2025: New Sanctions, Layoffs, and Executive Orders
Links for the day
Distros and Desktop Environments, Devices
GNU/Linux focused
New Rumours of IBM Layoffs in 2025, IBM Consulting Still Struggles, Based on Management
"Hey hi" (AI) has been a common excuse for business failure
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 05, 2025
IRC logs for Wednesday, February 05, 2025
Links 05/02/2025: Kessler Syndrome and News Online
Links for the day
statCounter: Monaco Now 7% GNU/Linux ("Proper")
GNU/Linux, not counting Chromebooks, is on the rise
Many Parts of Google Lose Money
It's quite apparent that many parts of Google - even some that rely on ad revenue or push ads - aren't profiting
European Internet Forum (EIF) is Dominated by American Corporations and Microsoft Lobbyists, Staff Take the Lead
Should the officials over here or the European Parliament pay attention to these people?
Links 05/02/2025: Connection without Connectivity and Unionised Grocery Workers
Links for the day
Just Because People on Top of the Microsoft Pyramid Made a Lot of Money Doesn't Mean Microsoft is Wealthy
The bigger they are the harder they fall
Gemini Links 05/02/2025: Learning, Madman Ruling a Mad Country, Back in Geminispace
Links for the day
statCounter Shows "WIntel" Chasing a Dying Market
Microsoft acts as if it's running out of money
Free Software Foundation, Inc. (FSF) Still Raising Money, Richard Stallman Contributes
total exceeding $430k
A Lot of Stuff About "Linux" in Google News is LLM Slop, Fake 'Articles'
It seems to be getting worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 04, 2025
IRC logs for Tuesday, February 04, 2025