Bonum Certa Men Certa

More Pressure to Eliminate Software Patents in the US

Pressure is mounting

Mechanics' room



Summary: A collection of items from the past month, all of which show the need and desire for a serious patent reform

THE USE of patents against software products is getting very widespread, especially in the lucrative mobile arena (lawsuits en masse with multiple defendants). Julie Samuels from the EFF urged SCOTUS to do something (we already covered the nonchalance of the SCOTUS) and so did CATO, which wrote:

In his famous essay “The Use of Knowledge in Society,” Friedrich Hayek argued that the socialists of his day falsely assumed that knowledge about economy could be taken as “given” to central planners. In reality, information about the economy—about what products are needed and where the necessary resources can be found—is dispersed among a society’s population. Economic policies that implicitly depend on omniscient decision-makers are doomed to failure, because the decision-makers won’t have the information they need to make good decisions.

In a new paper to be published by the NYU Annual Survey of American Law, Christina Mulligan (who drafted a recent amicus brief for Cato) and I argue that the contemporary patent debate suffers from a similar blind spot. A patent is a demand that the world refrain from using a particular machine or process. To comply with this demand, third parties need an efficient way to discover which patents they are in danger of infringing. Yet we show that for some industries, including software, the costs of discovering which patents one is in danger of infringing are astronomical. As a consequence, most software firms don’t even try to avoid infringing peoples’ patents.


There is more and more scholarly work pointing out the obvious (e.g. newest study from Bessen and his co-workers), but decisions to permit patenting of algorithms are not fact- or evidence-based, they are lobbying-based.

A month ago someone wrote this essay which says:

Impractical Software patents



[...]

Software patents are utterly impractical to promote innovation. Here are a few American articles that we recommend you to read to broaden your clear understanding of numerous and inextricable software patents issues. The multiplication of insane litiges is an additional proof that software patents are an inadequate tool. In reality the patent establishment is the main pushing force towards software patentability in Europe with the support of some major IT companies. Their main and sad aim is not to promote but to impede technology and distort markets.


Yahoo employees were furious at the time as "Aspiring Patent Troll Yahoo Shakes Down Facebook" with patents from engineers who never wanted software patents anyway. Yes, even many of those who earn software patents are fundamentally against it; their employers prod them for it. Why are those patents legal in the first place? Who are they really for? There is "institutional corruption" at play -- a disparity between reality and practice, public opinion and existing law.

Recent Techrights' Posts

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Among those polled/surveyed (in a ballot)
 
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This isn't limited to XBox
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some insights into the PIPs
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Links for the day
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Some call them "eccentric" and are dismissive about what they have to offer
Over at Tux Machines...
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IRC logs for Friday, June 19, 2026
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Links for the day
SLAPP Censorship - Part 111 Out of 200: Garrett and Graveley (the Latter Arrested for Strangling Women) Keep Ousting Their Collaboration in Litigation, Lawfare in a Foreign Continent
it's not law, it's just warfare disguised as "law"
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reappointment campaign lobbying has not been restricted to the "home front" in Portugal
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Links 19/06/2026: Microsoft Patent Troll Intellectual Ventures in Europe, "World Cup of Internet Resilience"
Links for the day
Links 19/06/2026: Salesforce Data Thefts and GAFAM's Conspiracy Theories That Data Center Opposition is a Foreign Plot
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Links 19/06/2026: The Retweeting Class and Data Centres as National Security Risk
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Over at Tux Machines...
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IRC Proceedings: Thursday, June 18, 2026
IRC logs for Thursday, June 18, 2026
Gemini Links 19/06/2026: "Born and Raised by the Internet", Fifteen Years in Gopher
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Links 18/06/2026: Clown Computing Has Harmful Sound, Facebook "Must Face the Music (Infringement Litigation)"
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Digital Sovereignty Discussed in the United Kingdom (UK)
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Happy birthday IBM!
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