Bonum Certa Men Certa

USPTO Drives Linux Phones Out of the United States, US Citizens Speak Out Against Software Patents, Politicians Concerned

Innovation and jobs move away from software patents haven

Obama



Summary: Official confirmation that the US market is avoided due to patent mess it has become notorious for; lawmakers take action against patent trolls, but not against the root cause, software parents, which US citizens certainly oppose; patent law changes/amendments are said to be under way

MEEGO, a versatile Linux-based operating system, survives through Jolla, which plans to take on Android. But "Due to crazy US #patent system innovative startups will not enter the US market. Proof: #jolla case. Keep enjoying your iphone 5..."



Yes, here is an article about it:

At TechCrunch, Jolla's CEO Marc Dillon explains why his company will focus on China, Finland, and the rest of Europe first, ignoring the US.


US citizens should work hard to abolish software patents. They're losing a lot from these ridiculous monopolies and software patents are mostly void in the rest of the world, so US residents would be in good company by ending software patents. Ars Technica provides yet another new story about patent trolls being addressed by some politicians:

This morning, Representatives Peter DeFazio (D-OR) and Jason Chaffetz (R-UT) introduced the SHIELD Act, which would create a "loser pays" system for some types of patent litigants. The bill is meant to stymie companies that do nothing more than file patent lawsuits.

Ars spoke with DeFazio at CES 2013 in January, when this bill was still in the formative stages, to get some background about how the bill developed, and the problems the Oregon representative hopes it will solve.

DeFazio has been in Congress since 1987, and represents Oregon's 4th District, which covers a wide swath of Western Oregon. It includes Eugene, the state's second largest city and home to the University of Oregon.


President Obama recently got involved in this debate; changes are afoot:

Companies interested in protecting their inventions should be aware of major changes that are coming to U.S. patent law. The Leahy-Smith America Invents Act, signed into law by President Obama in September 2011, represents the biggest changes to U.S. patent law in more than 50 years. Although it was enacted in 2011, its most sweeping changes come into force beginning in March 2013.


Change you can hardly see even with a microscope. Change like that we are accustomed to seeing whenever a so-called 'reform' in the USPTO is announced. Let's hope this time it will be different. They speak about trolls, but not quite about the broader problem, which is patents on algorithms and vague concepts.

Ars Technica, which employs a trolls expert, has another good report about trolls:

When a couple (we'll call them the Smiths) received a letter from their ISP—one saying they were being threatened with a copyright lawsuit—they were scared. The middle-aged immigrant couple moved to the United States from Eastern Europe more than a decade ago. Both have advanced degrees, but they knew very little about the US legal system. They denied (and still do deny) the plaintiff's accusation that they downloaded a pornographic film on BitTorrent, but the Smiths were still worried about the consequences of being sued.

"We never were involved in the legal process," Mr. Smith told us in a phone interview. "I didn't know the difference between criminal cases and civil cases. I was totally ignorant."

The Smiths' predicament has become increasingly common. So-called "copyright trolls"—often law firms representing third-tier pornography producers—have threatened tens of thousands of users with lawsuits for allegedly sharing copyrighted pornography on peer-to-peer networks. A key part of the troll business model is that the cost and embarrassment of a public lawsuit involving pornography can be enough to intimidate even some innocent users into paying the trolls' ransom.


And now, patent progress is also suggested by the post titled "patent trolls stifle innovation". It says:

Over the last several months, we have been vocal in our calls for software patent reform to put an end to the threat of lawsuits on behalf of patent assertion entities (PAEs), more commonly known as patent trolls. Why? Because at Rackspace it has become our most pressing legal issue. Since 2010, our spending to combat patent trolls has increased by 500 percent.

Patent trolling has become big business. It hurts the economy – a Boston University study conducted last year found that patent trolls cost the U.S. economy about $29 billion in 2011, up from $7 billion in 2005.

No one is immune – this is an issue that affects businesses of all sizes, but small business owners and software developers are hit the hardest. At Rackspace, we are especially concerned with the impact patent trolls suits can have on open source software projects, which are important innovation centers. To us, open source gives our country the ability to increase our share of global technology innovation.


Another noteworthy new article says that software patents are evil:

Software Patents Are Evil



I was planning to write about software patent trolls and was entering "software patents" in my search engine when it offered the suggestion "are evil" to complete the phrase. I'll buy that. So to encourage more traffic here, that is the title of this post. Yes. I have been blogging for quite some time.


How about this new piece about software patents?

On Tuesday Feb 12th, the US Patent Office is holding a roundtable in Silicon Valley to discuss issues surrounding the patenting of software, and I have an opportunity to get a seat at the table. I'll attend if I get some opinions from other entrepreneurs on the topic. Do you have an stance on patenting software that you want to be heard? If so, leave it in the comments below and I'll represent the opinions I get below in person.


"Patents are for people who don't want to do the real work and use the legal system to tax those that do," Michael Robertson wrote in Twitter.

A pro-FRAND blog talks about Apple and the recent case which involves Sony, showing perhaps like other sites that are run by lawyers that the USPTO has nothing to do with innovation but with everything against it. Its site harbours opinions/papers from patent lawyers (www.uspto.gov/patents/init_events/software_ak_cc_sw.pdf), but rarely from those who practice a real field. The issue is, the former class, the group of lawyers, is still one that controls the government. It's hard to defeat these special interests, but we certainly must try. It's a global issue with universal effects.

Recent Techrights' Posts

IBM Works for Microsoft
Hours ago in IBM.com
Microsoft May Already Be Shutting Down More Gaming Studios
the writings are on the wall: XBox is in disarray.
European Patent Office (EPO) Series: The EPO's Brussels Liaison Officer
It would appear that in January 2020, Pellegrino was induced by Campinos to jump ship from the EUIPO and take up his current position as Brussels Liaison Officer for the EPO
European Patent Office (EPO) Receiving Section (RS) and Elimination of Many Roles
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO) [...] Does the EU leadership intend to tolerate this?
Microsoft's XBox is Disintegrating, Executives Are Quitting
We're basically witnessing the slow-motion "end of XBox"
Gemini Links 15/06/2026: Slop Code Benchmarked, Wireguard on NixOS and Guix
Links for the day
Links 15/06/2026: More Own Goals for the Slop Industry, Palantir Trouble in UK
Links for the day
Apple Wants Everybody to Forget About "Vision Pro" Because It Was a Giant Flop
worthless gadgets with no obvious use case/s
The Cyber Show is Adopting 'Book Form' (or Long Form Publications)
Andy and Helen nowadays invest more time in making their site faster
Richard Stallman's Software Freedom/Digital Sovereignty Tour in Europe
As things stand at present, the vast majority of people have their interactions controlled/policed by GAFAM
Estimates of Scale of Microsoft Layoffs, Will Likely Happen "in Batches"
"Heard 10 to 15 percent eventually but idk date."
IBM Has Put Red Hat on a Poor Diet of Slop, Now Fedora and Red Hat Suffocate or Choke on It
Over the weekend we saw more people leaving the company
Estimates of Microsoft Layoffs: 3,000 Staff to be Culled Just in Gaming, How Many in Other Divisions?
Now the XBox division has its own "fall guy", but it is a woman
Straw Man Arguments Against Rust
If anything, it teaches the importance of auditing packages
Tesla Debt Rose Sharply, Sales Declined, Wall Street's Claim of Tesla "Value" is Merely a Fairytale (and Not Just Tesla)
We would gladly sell land on Mars to anyone who honestly believes a company that loses money is somehow "worth" trillions in Wall Street
Stop Calling Losses "Investment"
XBox is losing money, it is a sinkhole
For Justice We Need More Speech, Not Less Speech
When you attack something you are just giving that something a bigger platform
SLAPP Censorship - Part 107 Out of 200: Keeping Law Accessible to Everybody
We'll have stories related to this in the future
Links 15/06/2026: Slop "Beg Bounties", Wall Street Fakes 'Worth', and Arkansans Saved PBS
Links for the day
Gemini Links 15/06/2026: Dating Oaks, Simulation, and Theremin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 14, 2026
IRC logs for Sunday, June 14, 2026
Links 14/06/2026: Energy Cost and Reality Strikes at Heart of Slop Bubble, 75 Data Center Build-outs "Successfully Blocked"
Links for the day
Microsoft CEO Says XBox is Not a Sustainable Business
"Now, we have to turn this into a sustainable business," he said about XBox
MElon (MUSK, Elon) is a Trillionaire Like Penguins Are Mammals
Have media outlets told the truth?
Unlikely Heroes
One personal hero who is not alive (anymore) is Navalny
Bruce Schneier Was Probably Wrong About Slop
Right now politicians who openly speak in favour of slop are committing "political suicide"
SLAPP Censorship - Part 106 Out of 200: 100 Kilograms of Legal Papers
When one party's communications and filings weigh at about 3 KG of paper and another's... at about 100 KG of paper
Links 14/06/2026: More Google Layoffs, Wall Street Deems Companies That Lose Money "Worth" Trillions
Links for the day
Gemini Links 14/06/2026: "The Universe is a Hologram", "Matrix Brain Download", and "Happy 0th Year"
Links for the day
European Patent Office (EPO) Series: Battistelli's "Baltic Crusader"
Gilles Requena, Battistelli's erstwhile "Baltic Crusader" and the loyal servant of his successor Campinos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 13, 2026
IRC logs for Saturday, June 13, 2026
Links 13/06/2026: University of Nottingham Confirms Data/System Breach, Courts Fuming at Fraudulent Lawyers Who Fling LLM Slop at Them
Links for the day
Gemini Links 13/06/2026: World Cups and 做人
Links for the day
Microsoft's XBox "Bloodbath" Seems to Have Already Begun (Informally), Studios Allegedly to Face Shutdowns, Layoff Notices Handed Out, 100% Layoffs in Some Cases, 10% in Others or on Average
So is a complete closure/shutdown imminent? (Compulsion Games in this case)
Discussing Morale at IBM and Conversations Regarding IBM Layoffs (Disguised as Other Things)
Trolling can be a form of censorship
European Patent Office (EPO) Series: All the President's Men
Gilles Requena,Patrice Pellegrino, and Sandro Mendonça
SUEPO Elections Coming Up, Union Leaders at Europe's Second-Largest Institution (EPO) to be Determined Soon
The staff union of the European Patent Office (SUEPO) is having an election soon
SLAPP Censorship - Part 105 Out of 200: When Bad Legal Advice Results in Your Client, Dale Vince, Ordered to Pay £600k - or 801,930 United States Dollar (USD) - to the Person Frivolously Sued (Lord Bailey of Paddington)
"A judge has ruled that Dale Vince must pay punitive costs to Lord Bailey of Paddington, the Tory peer, over the 'unexplained abandonment' of his" SLAPP
How Long for Can American Taxpayers Justify Bailing Out Microsoft?
How many times need the American taxpayers give Microsoft money for vapourware that's neither necessary nor delivered?
IBM is Importing/Exporting Corporations' Regime of Censorship (Hiding the Wrongdoing) to Free Software Communities
Is IBM protecting criminals in the name of "manners"?
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026