Bonum Certa Men Certa

Patent Lawsuits Against Linux, Android; Call for Pressuring of Politicians

Monopoly (uniformity) versus openness and diversity

Mangos



Summary: A mixed roundup of news and analysis affecting the growth of Linux

THE REALITY of "patent wars", as a Microsoft-friendly site put it (especially in smartphones), is being realised by more and more people. "An infographic showing who is suing whom and who is selling patents to whom shows that patents are indeed a source of much friction and the only likely winners are the lawyers." This is the description of this recent article which helps illustrate just how harmful patents have been, unless we take into account a patent lawyers' perspective. In this post we'll present some news with evidence-based material that can help support an appeal to authorities.



Over at Groklaw, the biggest lawsuit against Android is being covered only to say that: "The judge in the Oracle v. Google litigation has denied Oracle's risible renewed motion for judgment as a matter of law under Rule 50(b), one day after Oracle filed its reply to Google's opposition to it. No ruling in Oracle's favor, therefore, will be forthcoming, and no new trial. Also, no hearing on the 26th. The judge didn't need to hear them jabber on about all this in person, at further expense to both sides, before making his decision."

“The judge in the Oracle v. Google litigation has denied Oracle's risible renewed motion for judgment ...”
      --Groklaw
Recently, one writer questioned Larry Ellison's motives for filing this whole bogus lawsuit. We have always suspected that his best friend Steve Jobs played some role in this decision. To quote the writer however: "IT SEEMS that Oracle's lawsuit against Google over its use of Java in Android has fallen apart. Although the trial is still ongoing, and the judge has yet to hand down an important copyright ruling while the jury has yet to return its verdicts on patents and damages, if any - it's already apparent that Oracle is unlikely to win billions or even millions of dollars from Google, and it's possible that Oracle might lose entirely.

"This lawsuit is rather important, however, if only because it has raised the spectre that software APIs might be found subject to copyright. As many people have already noted, that would have dire consequences for interoperability and software freedom throughout the IT industry. It would put into play programming languages, the interfaces of software stacks and potentially even the internet itself.

"All kinds of APIs could suddenly become targets for the extraction of licensing fees and endless litigation. That could effectively destroy the entire software industry and stifle innovation for years, creating a terrible dystopia.

"While that depressing vision might not in fact develop if APIs are deemed copyrightable - and it seems unlikely that Judge Alsup will rule that they are, given that US copyright law has always considered them functional elements and not creative expression that's deserving of copyright protection - that's what Oracle has argued for in its lawsuit against Google."

Oracle's case is weak and meanwhile the main party benefiting from it is Apple. After the lawsuit against Google some said that software patents as a whole were discredited.

More recently, the judge in another case against Android explicitly questioned software patents (well done, Mr. Posner), noting in an actual column (rare for a judge) that "there are too many patents in America (that is his headline, see a printer-friendly version for future reference). "Recently," says the judge, "while sitting as a trial judge, I dismissed a case in which Apple and Motorola had sued each other for alleged infringement of patents for components of smartphones. My decision undoubtedly will be appealed, and since the case is not yet over with it would be inappropriate for me to comment publicly on it.

"But what I am free to discuss are the general problems posed by the structure and administration of our current patent laws, a system that warrants reconsideration by our public officials.*

"U.S. patent law confers a monopoly (in the sense of a right to exclude competitors), generally for 20 years, on an invention that is patented, provided the patent is valid -- that is, that it is genuinely novel, useful, and not obvious. Patents are granted by the Patent and Trademark Office and are presumed valid. But their validity can be challenged in court, normally by way of defense by a company sued by a patentee for patent infringement.

"With some exceptions, U.S. patent law does not discriminate among types of inventions or particular industries. This is, or should be, the most controversial feature of that law. The reason is that the need for patent protection in order to provide incentives for innovation varies greatly across industries."

Over at Groklaw, another valuable reference was provided for the new work from Boston. To quote: "Jim Bessen and Mike Meurer have published their latest paper examining the impact of "patent trolls" (they politely refer to them as Non-Producing Entities or NPEs) on our national economy. Entitled The Direct Costs From NPE Disputes [PDF], the paper examines the direct costs of patent assertions by NPEs against operating companies, i.e., companies that actually make things to earn their revenues. More on the Bessen/Meurer paper in a bit.

"In the meantime, Prof. Colleen Chien of the Santa Clara University School of Law is conducting a survey on the economic impacts of patent litigation on the economy, and she could use your help. Prof. Chien is particularly interested in survey responses from start-ups and small companies. Respondents need not be patent holders or in the technology business. If you know of anyone who could provide a useful response, please encourage them to participate.

"Now, back to the Bessen/Meurer paper. Here are some of the highlights:

* The number of defendants in NPE patent suits doubled from 2009 (approximately 2,700) to 2011 (more than 5,800).

* Direct costs of patent assertions by NPEs are cost our national economy more than $29 billion dollars a year, and that tab also doubled from 2009 to 2011.

* Much of the burden of this NPE litigation falls on small and medium-sized companies. 82% of the defendants, accounting for 50% of the defenses, had median revenues of less than $12 million a year.

* They find little evidence to support the contention that NPEs promote invention. [Why am I not surprised?!]"

“They find little evidence to support the contention that NPEs promote invention.”
      --Groklaw
So now we have both judges (lawyers) and scholarly people (academics) telling us that the system is broken. In order to ensure this does not spread to Europe, please, our dear European readers, consider writing to politicians whom we named.

A month and a half ago we saw Kelora losing a patent for it being “obvious”, leading to the question, are "Software Patents In Danger?". To quote: "As software patent litigation ramped up over the past few years, software patents have come under the microscope within the technical community. Many investors and technologists believe that software patents should be abolished all together, while others take the less extreme position that many software patents are obvious over known prior art (“prior art” being earlier publications that show a patent is obvious or not new). Courts are increasingly cognizant of these criticisms.

"Though it is unlikely that software patents are going away any time soon, as the recent summary judgment in eBay v PartsRiver (PartsRiver is now known as Kelora) demonstrates, courts are beginning to do a more thorough job of applying the obviousness standard to software patents."

Right now we must work to squash software patents while at the same time ensuring we can compartmentalise and contain this virus, simply by preventing our politicians from being bamboozled. The evidence is overwhelmingly on our side. We need the voices though. As we'll show in a later post, Microsoft lobbyists are paid to speak about patents on 'our behalf', at our expense, resulting in great disparity (or distortion) between public policy and public opinion.

Recent Techrights' Posts

XBox is Rapidly Turned Into a Slopfarm by Microsoft
Slop isn't about efficiency and saving money
Reboots Should Never be Necessary
"BUT WHAT ABOUT SECURITY!!"
Microsoft's Halloween Documents and systemd, Wayland, Etc.
Maybe one day Wayland will be widespread. Or maybe not.
Changing One's Name Won't Change One's Past
People who have earned a bad reputation are not magically "entitled" to reset
People Who Assault Women Are Not Victims of "Distress"
It seems like an American tradition. In a country with almost 50 presidents, not even one was a female.
Adoption of Gemini Protocol Still Growing
Gemini Protocol is being obscured by the media - it doesn't help that Google 'hijacked' the word "Gemini" - but people still manage to find out about it, download a client, and use it
 
There's Still Hope for the World Wide Web
Let's hope that the trajectory of the Web won't be leading us to over-reliance on Google, nor will it reward worthless slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 14, 2025
IRC logs for Monday, July 14, 2025
Gemini Links 15/07/2025: Gemini "Style Sheets" and Switching From Microsoft GitHub to Codeberg
Links for the day
Coming Soon: Another OSI Scandal, This One Implicating Molly de Blanc
OSI has been fairly quiet lately
Outreachy & Debian pregnancy cluster, Meike Reichle evidence
Reprinted with permission from Daniel Pocock
Again, "Lunduke is Actually Sending His Audience to Attack People"
Microsoft Lunduke is not trying to "protect" Linux
One of the Most Hilarious Things About the Microsoft SLAPPs
It's so ridiculous
Financial Support for the Free Software Foundation or the GNU Project
The FSF has extended until Friday its fund-raising campaign
Illegally Hiding (or Demanding Secrecy Around) Illegal Requests or Attempts at Extortion
unlawful communications like threats
Gemini Links 14/07/2025: BOFH Archive, Updating Old Palm PDAS, and Nginx vs Slop Bots
Links for the day
Ubuntu is Becoming GAFAM-Like
What does that say about Canonical and Ubuntu?
Slopfarms Which Take Real Articles About GNU/Linux and Turn Them Into Copycats Which Are False
Even before the LLM hype those were quite common
The Firm That Picks on Techrights is Accustomed to Working With Criminals
Techrights never did anything illegal. So why is it being picked on by people who work with criminals?
Microsoft Said the Mass Layoffs Were for "Investment" in "AI", But It's Also Laying Off the "AI" and "Copilot" Staff
Months ago we showed many so-called "AI" people were getting the boot and this time it's the same
DryDeadFish is Dead, Long Live DryDeadFish
We kept checking, hoping it can recover from some temporary technical issue
For Quite Some Time Already Microsoft Attracts Crackpots, Scams, and More
Occasionally we talk about the situation at IBM as there are many parallels
Links 14/07/2025: Chatbots Broken Again, McHire LLM Shows Limits of the Hype
Links for the day
Slashdot Media Turned Linux Journal Into a Slopfarm and Now Slashdot Actively Promotes Anti-Linux Slopfarms
Yes, "no-nonsense" apparently means actual nonsense
Links 14/07/2025: Arresting Photographers, Threats to Revoke US Citizenship Over Criticism
Links for the day
More EPO Leaks on the Way
We hope that Mr. Rowan will actually try to refute what we say and show, not merely point the finger at the messengers
Decommodification is a Corporate Strategy Against Communities
systemd is led by Microsoft and hosted by Microsoft
copyleft.org 'Hijacked' by the People Who Attack the Person Who Created Copyleft
So far there's nothing "tasteless" in copyleft.org, but that can change at any time in the future
Asking People to Take Down Articles and Videos Only Makes These More Popular and "Viral"
If you do something bad, one of the worst things you can possibly do it try to silence those who speak about it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 13, 2025
IRC logs for Sunday, July 13, 2025
Two-Thirds Towards FSF Goal, Richard Stallman to Give Talks in Europe
There are 67 left before reaching the target
Brett Wilson LLP "Takes it Personal" (Character Assassination, Not Professionalism). Everybody Can See That.
On behalf of violent men
Gemini Links 14/07/2025: Politicised Tech and "Leaving GitHub"
Links for the day
Pissing Contests and Pissing Off Everyone
people who came from Microsoft are trying to vex and divide the community
Microsoft Repeats the Mistakes Made by the EPO After We Exposed a Major Microsoft/EPO Scandal 10 Years Ago
That scandal was all over the media, not just in English
The Demise of LLMs
We've just checked BetaNews again. They've dropped all the slop and went back to human authors.
Gemini Links 13/07/2025: Sonpo Museum of Art and FCEUX
Links for the day
Links 13/07/2025: UnitedHealth's Censorship Campaign, Australia Wary of China
Links for the day
Firing Away With Nonsense
Or fighting fire with fire
Links 13/07/2025: Climate Crisis, GAFAM Poisoning the Water
Links for the day
Turns Out LLMs for Code Don't Save Time and Don't Improve Quality
Neither legal nor useful
The Microsofters Will Have an Obligation to Compensate Us
This story isn't just about Microsoft. It's also about corruption, there are many women victims, there is abject "abuse of process", and many more scandals to be illuminated in years to come.
Reproducing at the EPO Instead of Producing Monopolies for Foreign Monopolies With Their Price-Fixing Cartels
Does the EPO recognise the need of well-educated Europeans to bear kids?
Valnet Inc. Dominates Real (Not LLM Slop) GNU/Linux Coverage in 2025
And likely in prior years, too
Free Software Foundation (FSF) Fund Raiser Goes on
Later this month we'll expose another OSI scandal
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025