Bonum Certa Men Certa

Missing the Real Problem With Patents in the United States

Protectionism facilitated by lawyers

Lock



Summary: Response to some articles about the US patent system and those who strive to fix it, or conversely, keep it broken

The tiresome debate over the subject of patents is really massive these days. Many articles are written about it everywhere. A lawyers' site continues to advance the view that software should be patentable by giving the platform to a notable lobbyist/booster for this 'cause'; Martin Goetz is said to be at the genesis of software patents in the US [1, 2, 3, 4, 5, 6] and he continues to be used by law-practicing software patents proponents such as Dennis Crouch. This is a problem because unless software developers make their views heard, the lawyers will simply get their way.



Other sites pay a lot of attention to patent trolls rather than software patents. Groomed by a Microsoft-friendly, Bill Gates-funded press like "GOOD" [1, 2], patent troll Spangenberg, for instance, is targeted by Rackspace, which calls him the most notorious patent troll in America after winning an important case against another troll, thanks to help from Red Hat. The British press says that "Rackspace sues 'the most notorious patent troll in America'":

Texan hosting firm Rackspace is going on the offensive with a legal challenge to non-producing entity (or patent troll, as they are more commonly known) Parallel Iron – a firm Rackspace describes as "the most notorious patent troll in America."

Rackspace is still feeling cocky after its victory last week in the Eastern District of Texas, when a judge ruled that fellow NPE Uniloc couldn't try to enforce a patent on a mathematical formula – a rare case of logic from the notoriously patent plaintiff-friendly court. Flushed with success, Rackspace is now taking the fight to a new target.


Intellectual Ventures is actually much bigger and more dangerous. One of our readers said he "thought Intellectual Ventures was the most notorious patent troll in America." He was right. The USPTO continues to facilitate these trolls and Red Hat's unofficial blog calls for an open, collaborative effort to improve US patents rather than call for change in the system itself:

Late last year, I wrote about the EFF’s project to leverage the Patent Office’s new Preissuance Submissions procedure to promote open 3D printing technology. Here we are, several months later, and the fight for open 3D printing continues. Now, the EFF has partnered with Ask Patents to facilitate crowdsourcing of prior art searches for various 3D printing-related patent applications.

At first, I didn’t see anything remarkable about this partnership. However, as I delved a little deeper, things got a little more interesting. First off, Ask Patents is part of a group of open-content websites called Stack Exchange which includes over 100 "question and answer sites on diverse topics from software programming to cooking to photography and gaming." But, the more interesting tidbit—at least to me—came from the Stack Exchange blog, where they claim that former Patent Office Director, David Kappos, came to their office to encourage them to open a Stack Exchange site dedicated to generating prior art to help patent examiners do their jobs.


David Kappos is in favour of software patents. He and others like him want more people gardening the existing system rather than abolishing or reforming it.

Red Hat sends out mixed messages, with the notion of "bad" patents rather than software patents being advanced and also a focus on trolls rather than their tools of litigation. Red Hat itself has some software patents, some of which offend fellow FOSS-centric companies [1, 2]. The patent lawyers' spin sites say that "Red Hat opposes software patents, but still recognises the value of IP" (as in trademarks? Copyrights?). Here is the opening of this spin piece:

Last week a court in the Eastern District of Texas dismissed patent litigation brought by NPE Uniloc against internet hosting provider Rackspace. Uniloc sued the Texan company in June 2012, alleging that its use of Red Hat Enterprise Linux infringed one of the NPE’s software patents relating to “the processing of floating-point numbers”.

In response, Rackspace and Red Hat (which was providing assistance to its customer in accordance with its Open Source Assurance programme) jointly filed for an early motion to dismiss the case. The motion was granted, with the court finding the claim asserted by Uniloc invalid as it covered a mathematical algorithm.

According to a press release from Red Hat, this decision represents the first time that a court in ‘NPE’s paradise’ the Eastern District of Texas has granted an early motion to dismiss after finding that an asserted patent claimed unpatentable subject matter.


This is true so far. But watch the spin at the end:

Even for organisations that have a fundamental opposition to software patents, IP can be a major part of their business model. Red Hat and other companies have shown that patenting and open source development can coexist and can complement each other; while other intangibles such as brands – and the trademarks and other rights that protect them – can be vital to competitiveness in the highly commoditised software market. For those in the open source community that are sceptical about the IP system, that is surely something worth considering.


With phrases like "patenting and open source development can coexist" (similar to IBM's line) they are trying to paint Red Hat as pro-patenting, simply by calling patents "IP" and then saying that Red Hat care for trademarks and such stuff. This helps prove that Richard Stallman has been right for his persistent opposition to the term "IP".

Recent Techrights' Posts

SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
No Allure in Omarchy, the Political Hyenas Only Give it More Free Publicity
To me, Omarchy seems like a weak project because of the slop (an HR problem)
Don't Let Bastards and Haters Grind You Down
They say "jealousy is the sincerest form of flattery"
Goodbye, Dolly
This week we say "goodbye, Dolly."
 
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day
Links 26/08/2026: Patent Troll InterDigital Utilises Software Patents in Unconstitutional Court, "WikiHow Launches Copyright Infringement Suit Against" LLM Plagiarism
Links for the day
The Register MS Has New Fake Article ("SPONSORED FEATURE") With "AI" 21 Times In It
The Register MS is one among many culprits
Gemini Links 26/08/2026: “Doomsday Clock”, Rwanda Genocide, and Boasting About Using LLMs Instead of Writing Code (Due to Employer's Pressure)
Links for the day
Twitter is Not an API or a Communication Site, It's a Really Bad Site That Forces You to be Enslaved by Its Algorithm (Amplifying Its Owner's Worldviews)
the crackdown on Nitter means we should all avoid accessing or linking to x.com (Twitter)
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day
How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day