Bonum Certa Men Certa

Patents Roundup: Hype, Critics, and Threat to Linux/Android

Laptop



Summary: A FOSS-centric look at patent news from the past week or so

THE patent frenzy we find in the media (associating R&D with "patents") shows no signs of abatement but many signs of resentment from the public. With patent-pending 'inventions' like search marketing stuff and stuff for "faster web" or network access we rapidly approach the age of mega-lawsuits over patents. This is not an industry of technology but an industry of deterrence and litigation.



"This is not an industry of technology but an industry of deterrence and litigation."In the case of Motorola, Microsoft the patent extortionist is trying to play the victim card, as we explained before (Apple does the same). At the same time, Apple is attacking Motorola with a lawsuit which Microsoft booster and Linux basher Tony Bradley uses to create fear of Android. He is quoting/citing Microsoft lobbyist Florian Müller, who is leading to damaging headlines in the British press such as "Apple could force Moto to destroy phones" (among others).

This Microsoft lobby is promoting FRAND and so does Apple (Nokia has joined as well), which is being a total hypocrite because Apple does a lot worse than FRAND. And to quote this new criticism with nice pictures:



This system promises an ugly future in which mobile communications are slow (as it would be uneconomical to participate in FRAND communications standard development), there interfaces will be clunky (a company will be limited to a handful of UI elements for fear of infringement), and product quality will be decreased to offset an inevitable slew of licensing fees.


In an article titled "Patently Absurd – The Latest in the War to Stifle Innovation", the author correctly states that "[i]t’s become the go-to strategy for languishing tech companies: When out-innovated, claim patent infringement."

The author continues: "One patented “technology,” for example, is for “generating meeting requests and group scheduling from a mobile device.” Does easily getting people together at a specified date and time from a smartphone seem ingenious to you? Of course not, it’s what we obviously want our phones to be capable of – without enforced limitation by the patent system."

"It's all about monopolists expanding their field of influence."In Germany, Apple faces another setback as its legal aggression backfires. Other cases where smartphones get retarded by patents include this new one: "In the cases of both Comerica and Southwest, the infringement supposedly occurs in the use of the smartphone software to communicate with other technology systems that the companies operate, the lawsuits allege."

Here's more. It should be rather clear by now that there is no benefit here to customers. It's all about monopolists expanding their field of influence. The system is also good for litigation startups, pointless for the rest of the startups, contrary to the claims presented here. It is well established that startups do not have the resources to deal with patents, so a sort of rebuttal comes from Timothy Lee, who writes in Slate. He says more in Forbes:

When talking about the smartphone patent wars, it’s important to recognize that, as Stanford’s Mark Lemley pointed out a few years ago, almost all software companies ignore their competitors’ patents. There are two basic reasons for this. First, there are so many software patents, and they have such unclear boundaries, that finding and negotiating the rights to necessary patents is essentially impossible. And second, patent law awards triple damages in cases of willful infringement. So if a company finds a patent, tries to work around it, and is later ruled to have infringed the patent, it’s on the hook for three times the damages it would have faced it if had never found the patent in the first place.


A troll called BackWeb, which we wrote about before, is back at the scene and it makes money for doing nothing, having just settled with IBM. BackWeb is not a startup, it is a symptom of the farce that the patent system has become.

Who really benefits in this case? It is time to reform the system for reasons that Everything is a Remix recently explained very succinctly. Or as this one article put it:

Filmmaker Kirby Ferguson recently finished Everything is a Remix, a four-part video series illustrating the interconnectedness of our creations and how current laws and norms miss this essential truth. Some viewers protested that the series ended without offering much in the way of prescriptive ideas. Here, he takes up that challenge, offering his thoughts on intellectual property reforms and best practices with the interests of remixers and creators in mind.


Android is still under attack from Oracle [1, 2, 3, 4, 5] even though the patents prove to be worthless:

The US Patent and Trademark Office (USPTO) has issued a ruling rejecting Oracle's patent of the Java language. The "final office action" by USPTO was one of several related rulings the agency issued relating to the popular programming language. The rulings came in response to a joint filing by Oracle and Google, which have been battling over the use of a modified form used in the Android mobile operating system.


As put by the British press:

Oracle must decide whether to wait for USPTO before trial in Android lawsuit



[...]

Oracle's handling of its Android patent infringement claims has been little more than a farce and on the face of it, the firm has managed to engineer a situation that is worse than when it started. Not only have its repeated attempts to estimate damages suggested that the firm doesn't have a clue about what its Java patents might be worth, or why, but also it is looking increasingly likely that several of its patents are going to be invalidated by the USPTO.


More here:

The US Patent and Trademark Office (USPTO) has issued a ruling rejecting Oracle's patent of the Java language. The "final office action" by USPTO was one of several related rulings the agency issued relating to the popular programming language. The rulings came in response to a joint filing by Oracle and Google, which have been battling over the use of a modified form used in the Android mobile operating system.


We recently wrote about Facebook and Yahoo, just after Facebook had been getting its own taste of the patent system. It was only some days ago that Yahoo! attacked and demanded payments for patents (patents boosters wrote about it too) so "Yahoo [is] now using its patents to extort money from Facebook and others," put it some folks, perhaps realising that Yahoo! could one day be used like Microsoft uses Nokia -- to attack competition. TechDirt has an interesting take on this subject, among others that involve Facebook.

Nintendo, to its credit, refuses as a matter of principle to succumb to patent trolls:

Rick Flamm, Nintendo of America's senior vice president of Legal & General Counsel, has spoken out against "patent trolls" after winning a third litigation case this year.


Here's more on that.

TechDirt explains the obvious observation that the patent system has been rigged to favour patent maximalism:

When the numbers came out showing that 2011 represented yet another record year for patents granted, it was such a non-surprise that I didn't even bother mentioning it. The number of patents granted just keeps going up. And yes, there were two small dips during the past decade, but they corresponded with the rare situations in which the Supreme Court finally took an interest in some element of patent law and pushed back on the Federal Circuit (the appeals court that handles all patent issues) and the USPTO. We've discussed at length in the past, the problems of having a single appeals court that solely focuses on patent issues, because you lose the diversity of opinions (made worse at times when some of the judges on the panel have been former patent attorneys -- or, most famously, when a judge at the court was the same former patent attorney who wrote the last major update to patent law...).


When people like Dennis Crouch are prominent among those who write on patents, no wonder there is so much promotion of yet more patents. This whole system needs a rethink, an overhaul, or abandonment. We're merely trying to summarise and show the trends here, not so much from a sceptical or critical point of view; the articles increasingly speak for themselves because disdain for the patent system is mainstream. Now we need action.

Recent Techrights' Posts

Linuxiac May Have Reverted Back to LLM Slop (Updated Same Day)
Is he back off the wagon?
Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
 
Links 15/01/2026: Starlink Weaponised for Regime Change (by Man Who Boasted About Annexing South American Countries for Tesla's Mining), Corruption in Switzerland Uncovered by JuristGate
Links for the day
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day