Bonum Certa Men Certa

Patent Parasites and the Bubble of Software Patents

Soap bubble



Summary: News and commentary about patents, collected over the past few days

THE emergence of software patents in the news [1, 2] is one trend that we cannot ignore as we research this area which impedes Linux adoption. A British blog ponders, "Will 2012 see the end of the Cold War over Intellectual Property Rights?"



The USPTO is enhancing its relationships and tools, making it simpler to access the catalogue of monopolies. But why are so many monopolies granted in the first place?

The "UK moves to encourage patent innovation" says this new post, but the term "patent innovation" in the headline is bizarre. It's part of the propaganda which tries to associate the two terms, implying or at least insinuating a causality that simply does not exist. To quote:

On Friday, the UK Government will close its consultation on the Patent Box draft legislation due to come into force on April 1 2013. The legislation aims to reduce corporation tax from 26 per cent to ten per cent for profits made on patented technologies. By offering this tax break, the aim is to increase high-tech manufacturing innovation in the UK and to encourage more telecom companies to set up on UK shores and increase investment.


April first. How fitting. Those patents have no benefit at all. They are a distraction. There are many good groups that have proven this scientifically/empirically and economically. The EFF is still fighting against software patents as well. Based on this piece, innovators too speak out on the matter:

V.A. Shiva Ayyadurai invented the EMAIL system at the age of 14 at 1978. He spoke with the Post's Emi Kolawole about why software creators should choose the copyright over the patent. (Feb. 17)


Not only software patents are bad; Patents on genetics continue to cause controversy. To quote:

Gene-sequencing breakthroughs, spawning a fast-growing, multibillion-dollar market for drugs and medical tests, are also creating thorny questions over how to regulate commercial use of the human genetic code.

Health regulators are fashioning rules for bolstering oversight of laboratory-developed tests, including genetic analysis, that may show whether an individual is predisposed to certain diseases. Congress is determining whether patents on genetic material should be treated differently from other intellectual property.


Code should not be patented. It's an exact science. That's what copyright is for. And the nature of copyrights is different.

One new article calls software patents a "bubble in the making" because those patents may lose their validity in the near future:

A new bubble is brewing as companies find another way to inflate their balance sheets in ways that have no basis in reality. And there is a real risk to markets as a result of "patent farming." Using examples of the underlying causes of previous bubbles, Nigel Morris-Cotterill, who warned of a global crash in 2006 and of a crisis in commercial property lending arising out of falling consumer spending in 2011, now explains where another crash is looming.


For the time being, patents on codes, for instance, continue to do damage. From the news:

Reston-based ObjectVideo Inc., a video analysis software-maker, said Sony Corp. has signed an agreement to license its patented technology, and it has withdrawn its patent infringement complaint at the U.S. International Trade Commission.


Here is a company that became somewhat dependent on software patents (despite using Linux):

The company that introduced the digital video recorder 15 years ago and then faded from view once the dot-com bubble burst is back in the spotlight: In the past year, it has emerged victorious in two important software-patent litigation cases, and it is winning new subscribers on the strengths of a redesigned "smart" DVR that integrates Internet and television content and is a cinch to navigate.

Users can stream movies and music and tap into an extensive on-demand library, as well as record programs and zip past commercials, with ease.


Alcatel-Lucent is another company that turned to patents in recent years, despite being a notable Linux user. As one new article puts it: "By Telecom Lead Team: Alcatel-Lucent is set to leverage its portfolio including approximately 29,000 issued patents through a licensing syndicate to be formed by RPX Corporation. Recently, Ericsson also announced its plans to strengthen patent revenue.

"Patents of Alcatel-Lucent are relevant for technologies such as fixed line and wireless communications, semiconductors, consumer electronics, multimedia, optical, software, cloud computing, applications and network security."

Another deal has been signed: "Alcatel-Lucent moved to cash in on the booming intellectual property market today amid mixed fourth-quarter results, offering licenses to its 29,000 strong patent portfolio."

Microsoft was among previous targets. Over at Red Hat's unofficial blog, the patent of Eolas is being discussed:



Everyone take a deep breath: it seems we've had a moment of sanity in the patent wars. Last week, a jury invalidated the dangerous Eolas patents, which their owner claimed covered, well, essentially the whole Internet. The patents were originally granted for an invention that helped doctors to view images of embryos over the early web. A few years later, smelling quick cash, their owner insisted that it had a veto right on any mechanism used to embed an object in a web document. Really? The patents are obvious—both now in 2012 and back in 1994, when the first one was filed. Thankfully, a jury realized that and did what should have happened years ago: it invalidated these dangerous patents.


We wrote about this in a dedicated post and articles about this continued to appear [1, 2]. As a Forbes blogger put it, "[t]he plaintiffs, Eolas and the University of California, maintained that they thought of the idea first and therefore had the right to prohibit anybody else from using it."

The University of California should quickly retreat from this. It's a PR disaster.

Another patent agitator is being acquired in part now:

Openwave established many of the foundational patents that allow mobile devices to connect to the Internet. Over the years, the company has built a patent portfolio of approximately 200 patents spanning smart devices, cloud technologies and unified messaging. Openwave provides all-Internet Protocol (all-IP) mediation and messaging. Openwave indicates it will focus on its intellectual property initiative. In January, Wedbush analyst Scott Sutherland told Reuters that Openwave's patents could be valued at $300 million.


They use euphemisms to describe a strategy of lawsuits. Openwave is an example of what's wrong with the USPTO, which focuses on creating monopoly bubbles rather than tangible innovation. We have already done a lot to criticise Openwave. ⬆

Recent Techrights' Posts

The Real Issue With The Register MS is Not the Politics of Some Staff's "Tweets", It's That The Register MS Publishes Fake Articles for Sponsors (50,000 Pounds Minimum)
AWS and Google each pay millions for fake articles which beget journalistic bias too (they literally pay the salaries of the 'reporters')
Microsoft Total Cost of Ownership (TCO): We Need Accountability Because Many People Die and It's Because of Microsoft Diehards or People Bribed by Microsoft to Deploy Microsoft Where Lives Are at Risk
They're trying to save face right now
What the Media Misses: It's Not an NVIDIA Issue, Super Micro Computer Inc Also Fell From $45 to $26 in the Period NVIDIA Lost 33% of Its Faked 'Value', NVIDIA is Collapsing Like Intel
History goes in circles
Waste of Money: Giving More Money to Toothless Regulators That Don't Even Examine Evidence
Shame in SRA
At Microsoft, "Buyouts" or "Global Voluntary Separation Agreement" (GVSA) Not Much Different From Layoffs (Severance Shockingly Low)
From what we are able to gather, many people are leaving Microsoft 'voluntarily'
Is Microsoft the Next Fake-Valued Corporation to Lose 35% in "Market Value"? Is Slop Bringing Microsoft Down?
Will NDAs prevent people talking or journalists finding out the true cause?
Silent Layoffs at IBM (and Red Hat) Continue in November 2026
IBM's CEO is "a Palliative Care Doctor Who Slides [IBM] Gently Into the Night"
Links 13/11/2026: "Apple Support Community Forums to Permanently Close" and "The Slop Market is Getting Nervous"
Links for the day
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 13, 2026
IRC logs for Friday, November 13, 2026
Gemini Links 14/11/2026: Code of Conduct, Back to Gemini, and Gemlog to Inbox
Links for the day
Slop Promotion, Including Paid-for Slop Promotion for So-called 'Linux' Foundation (Its Clients Are Slop Companies)
We've noticed a lot of this lately in "It's FOSS" and to a lesser degree in "FOSS Force"
Gemini Links 13/11/2026: Productivity Metrics and Antenna Outage
Links for the day
It's Not About China or Sex, It's About Corruption at NVIDIA and a Pyramid Scheme Perpetrated Under the Guise of "Hey Hi Revolution" (That Wasn't, It's Manufactured and Hyped by Bribes, Subsidised by Multi-Trillion-Dollar Loans, People's Pension Funds and More)
What's at stake here is a lot bigger than the "Ponzi hub" of Jensen Huang
No, You're Not a "Most Valuable Company" When Everything is Down for Half a Day in the Entire Planet
Still down, still no explanation (maybe they too aren't sure)
"Techrights Statement on Phoronix" Still Valid Five Years Later
Our position as stated in early 2022 has not changed
Vista 11's 'Growth' Has Stalled, It's Measured at Only 17.9% in the US This Year
That helps put in perspective Microsoft's attempt to discard almost 30% of its remaining workforce
"NVIDIA is Enron" (Subsidising the Pyramid Scheme That It Profited From), Microsoft is Next to be Down for the Count
Microsoft increasingly looks like the "next NVIDIA"
Richard Stallman Travels to South America to Give Talks About Free Software in Spanish, FSF Raises Money
The FSF is raising money (goal is $400,000) and the FSF has just mentioned the upcoming talks by the FSF's founder
United States Adding ~300 Billion in Government Debt Per Month, Wall Street Shaves Off Trillions in 'Value' in Less Than One Week
cushioning "assets" by helping them fake "value"
Microsoft: Pay Us for the Stuff That's Offline and We Cannot Fix
Learn to take control of the technology that you rely on
Links 13/11/2026: "Copyright-Strike-for-Hire" and "Stevie Wonder Photo Lawsuit"
Links for the day
The Slop Bubble (or Pyramid Scheme) Relied on Trust and Patience (Being Patient as Losses Grow and Debt Explodes, Trusting the Roadmap of Cheaters and Frauds)
Remember that it all began with trust
Anthropic's IPO Depends on $895.4 Billion in Debt (Money It Doesn't Have, It Loses Over 100 Billion Dollars Per Reporting Period), NVIDIA Has Just Lost Almost 2 Trillion Dollars In Value and Its Debt Trebled in Three Months
This coming week will be very, very entertaining for slop critics/sceptics to watch
Lorenzo Stoakes (ARM) the Latest of Many to Quit Linux Development Over Linus Torvalds' Obsession With Slop (Linus Wants to Work With Bots, Not Humans Who Understand Whatever Code They Write)
Linus caught the 'brain virus'
Microsoft Asks 60,000 Workers to Leave, Some Leave, Services Go Down
Microsoft laid off about 40,000-50,000 people in past years
Gemini Links 13/11/2026: Roku Exits the Smart Home Market and Poor Reporting/Journalism Regarding Slop Plagiarism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 12, 2026
IRC logs for Thursday, November 12, 2026
Gemini Links 12/11/2026: A Firing of a Boss and Geminispace Growing Fast
Links for the day
Bill Epsteingate-Funded BBC "Totally Ignoring the $1.7 Trillion Wiped off NVIDIA Stocks"
Imagine how many pension funds are tied to this NVIDIA pyramid scheme
A Few Hours Before NVIDIA CEO Canned (and NVIDIA Shares Plunged) the NVIDIA-Funded The Register MS Published Paid Spam With "AI" 18 Times in It
Anything to inflate the bubble
Links 11/11/2026: NVIDIA Decapitated, "The Company That Published Fake Journalists in Sports Illustrated is Collapsing Dramatically"
Links for the day
Intercontinental Brigading - Part XXXXIX - We Didn't Start the Fire
It started in 2012
Photo Ops Are Liabilities
NVIDIA is not a "family business" and its CEO isn't some modest genius
NVIDIA’s Total Debt Trebled in Three Months!
Not the hallmark of a rich company unless its accounting is fraudulent
NVIDIA Turns Out to be Serial Cheater, Stock Plunges 33% in 5 Weeks
The "slop bros" have long relied on patience and blind faith
Adopting LLM Slop is Still Suicide
Suicide (in the literal sense) is also linked to adoption of chatbots
On Laundering Licences and Code
A "Second SCO" waiting to happen
The Cyber Show on Slop and the Ministry Of Truth in "Nineteen Eighty Four"
"cultural erasure" by slop
Intercontinental Brigading - Part XXXXVIII - Keeping Both Eyes on the Ball
One upside of these disputes is that they raise at least two very important issues concerning the law
Gemini Links 12/11/2026: Encryption is Easy, Human Emacs, and Legislation in Italy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 11, 2026
IRC logs for Wednesday, November 11, 2026