Bonum Certa Men Certa

Those Who Push for Patent Reform and Those Who Protect Protectionism

Hand idea



Summary: Google, Red Hat et al. versus the old guard which is lawyers and ageing companies such as IBM

Following a much-publicised action against patent trolls a lot of awareness is spread about the issue and some "Ask FTC, DoJ To Do The Same" (i.e. take a stand). Being part of the corrupt system which harbuors the monopolies office, the USPTO, they are hardly doing anything, so the negatively-affected corporations are lobbying. The government did take a stand against some other patent practices as of late, why not trolls? There are a variety issues such as FRAND (see this battle which hits Android from numerous directions) that show not only trolls are a problem. Google focuses on the price of trolls because Microsoft uses trolls like MOSAID as proxies in this battle -- an issue about which Google has already spoken. One article says that "Google — along with Blackberry and other tech companies — has asked the FTC to pay greater attention to patent trolls, who embroil companies in expensive litigation over bogus claims on the ownership of new technologies." If trolls are stopped, the litigation-by-proxy strategy too is impeded.



The FTC has not been promising when it comes to justice, but Red Hat is at least helping raise awareness with that aforementioned complaint. The EFF is also involved in this. It wrote:

EFF filed comments today urging the Federal Trade Commission to take action against patent trolls. We have written often about the rise of the patent troll—entities that don't create products themselves, but instead buy patents and make money from lawsuits—and the serious harm they are causing true innovators.


Here is some coverage from London:

Google, Red Hat, BlackBerry and ISP EarthLink have called on the US Federal Trade Commission and US Department of Justice to take action against patent assertion entities (PAEs), or as they are more commonly known, patent trolls. In a letter to the agencies, the companies point out that PAEs are now filing four times as many cases as they did in 2005 and claims cost US companies at least $29 billion in direct costs in 2011 and $80 billion when accounting for indirect costs. Although large companies face hundreds of PAE lawsuits, the vendors point out that small and medium-sized companies are the most frequent targets. According to the comments, 62% of all recently filed patent litigation is PAE lawsuits.


Make no mistake, this isn't a one-sided battle in the press. The debate is rigged and there's more. Corporate media has some troll toll apologists with weird lines of logic, as shown in the case of Tim Worstall. Not too long ago the same site's blogs amplified the arguments of Lundberg, one of the most vocal software patents proponents [1, 2]. There is also IBM which is appearing in a prominent pro-software patents site (run by patent lawyers).Manny Schecter (IBM's patents chief) is again being borrowed by the patent maximalist, who is latching onto glorified lawyer Rader. Pamela Jones responded by writing: "Judge Rader is describing only one form of abuse, trolls. Companies can abuse the system too, as the smartphone patent wars have so ably demonstrated. Until someone addresses the issues of patentable subject matter, invalid but issued patents, and design patent misuse, none of the above will really help. Trolls are a problem, but they are not the only problem."

In the midst of all this opposition to patent trolls we find that a very notorious troll is suing many companies again. To quote one report:

Remember Lodsys, the “inventions” firm that started issuing letters to iOS developers’ doors back in 2011, warning them that by using Apple’s in-app payment mechanism they were infringing on patents it owned? Well, as MacRumors notes, Lodsys has now risen from its slumber to take on the might of Disney, and others.


Another article about it says that 10 mobile game makers have been hit by these software patents. There is no lack of examples of the harms of software patents (a troll's favorite weapon) and the latest nonsensical arguments and flawed analogy from Goetz [1, 2, 3, 4, 5, 6] gets smashed by Jones, who wrote: "Aside from the ridiculousness, and inaccuracy, of his posited example, may I just point out that the Wright Brothers held back innovation in the US aviation industry for years? As Patent Plaques writes: "The Wright’s patent wars were not without consequences. Unfortunately, all of the time spent fighting to protect their patent was time the Wright’s were not spending on innovation and the development of new planes. Their planes became inferior to the planes being produced in Europe." Neither were they the inventors of airplanes, despite the claims. Many others flew before or contemporaneously, we now know. Nor was the patent on airplanes; it was only on one aspect of it, a method of flight control, and France and Germany refused to grant them a patent there, which is why inventors there bypassed US aviation. The same thing will happen with software, by the way, if no one acts to stop the strangulation of innovation via software patents."

That spin, unsurprising enough, came from a lawyers' site, Patently-O. Here is one new column that slams the patent system. No text shows up in this page. It may seem as though software patents are being pushed back, but not enough software developers write about this issue. Lawyers specialising in patents are rigging the public debates, still. It for their own profit -- profit at the expense of programmers.

Recent Techrights' Posts

Gemini Links 26/05/2026: A Year of Composting, Fedora Bricks Itself and Infuriates Users With Slop and Wayland (Not What Users Want, What IBM Wants), Crawlers on Geminispace a Nuisance
Links for the day
 
SLAPP Censorship - Part 89 Out of 200: SRA Admits Malfunction, That's Why Transparency is Paramount
There have been more efforts than we can to count or can enumerate (probably over 100 such efforts) to gag us and to prevent us writing about what has happened
Our Free Software Activist in Connecticut (USA)
We'll soon revisit the latest round of legislation on "age" (surveillance, ID)
Links 27/05/2026: Living Without 'Smartphoones' and "Russia’s Biggest Attack on Ukraine in 18 Months"
Links for the day
Gemini Links 27/05/2026: The USA as an "Experiment" and Some Ubuntu Manuals
Links for the day
[Video] Full Video of Richard Stallman's Talk in Rome
It seems inevitable that the official GNU site will have it
Slop is a Passing Fad, It's About Faking Productivity (Plagiarism, Misinformation, and False Positives)
Slop is a bubble. Some people accept it later than others.
Anderon - Like Kyndryl - Could be Far Deeper in Debt Than Its Alleged Worth (Vapourware)
Time will tell, but it seems like a Federal-enabled (by the Federal Government) accounting scam, nothing more, nothing less
The Media That Keeps Covering "AI" Because the Pushers of It Pay for Spam
23 times in the page they mention "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 26, 2026
IRC logs for Tuesday, May 26, 2026
Codecs and Software Patents - Part XI - The Stance of RMS (Dr. Stallman) Reassured GNU Regarding AV1
cautioned against software patents since the early 90s if not earlier
Google: We Are Locking You Out of Your Account (Since 15+ Years Ago) Because You Don't Have a Spyphone We Remotely Control
Google (GAFAM) is an evil company deep in debt
Red Hat: Bluewashing by IBM, Followed by RAs (Layoffs)
We could use some hints or evidence related to this
Links 26/05/2026: "Making the Digital Physical"; "The Medical System Abandons Women When They Are Most Vulnerable"
Links for the day
While US Government Greenlights (or Bluelights) Bailouts for IBM Some Foreign Governments Blacklist It
"Albany leadership doesn’t know what they are doing but are damn good at pretending they do."
Good Thing When Home Appliances Are Ancient Antiques
dealing with the alarm has cost only time
The Bloating of the Web Contributes to Global Warming and Causes Burnout (Slowdown, Hardware Erosion, Waste)
This problem isn't limited to weather sites or subsites
IBM Bailouts and the IBM People Inside the Administration
It seems possible/plausible that it is bailout money down the drain or that this money will never arrive at all
Links 26/05/2026: Lithium Batteries Causing Fires (Even on Planes), 'Timmy' the Whale Dies
Links for the day
Why It's Ludicrous to Call Us "Microsoft Haters"
Even if clustered together, news items still cover a broad spectrum (or spectra) of issues
Pursuing Facts in an Age of Lies and 'Hallucinations' (Falsehoods Without Anyone Accountable, They Try Calling Computer-Generated Lies or Forgeries "Intelligence").
Our aim is to relay information while bypassing gossip networks like social control media and slop in "search" clothing
Computer-Generated Legal Filings Get You Reported to the Solicitors Regulation Authority (SRA)
We'll write a lot more about this in the future
EPO "Cocaine Communication Manager" - Part XII - In the Second-Largest Institution in Europe One Can Take Paid 'Sick Leave' for Doing Cocaine, Then Come Back
Cocaine addicts in the management were bullying colleagues. They're still in charge.
Sites in Their Twenties
We currently run concurrently a handful of series and have a lot more in the backlog
SLAPP Censorship - Part 88 Out of 200: Brett Wilson LLP is Defaming Trans People in America Because Garrett Pays Hired Guns to Silence Them
Garrett is scoring many own goals this year
Sloppy "Resource Action," (RA) or IBM Layoff, Leads to Another IBM Lawsuit, Alleging IBM Tries to Pass Liability to Algorithms
IBM is meanwhile resorting to slop to gaslight its remaining shareholders
The Latest IBM Layoff Rumours
What has happened to the company that invented so much of modern computing?
Holy See Recognises the Threat of GAFAM and Slop
Will the Holy See move away from GAFAM?
The Old Ways of Computing Were Objectively Better
Not as fast, but certainly much better
Social Control Media is a Giant Waste of Time (and There Are No Future Remedies for This)
Social Control Media is considered unhealthy to young people, but it is also collectively unhealthy to nations and nation-building
Codecs and Software Patents - Part X - Florian Müller Still Muddying the Waters for FOSS, Using Software Patents
Some things never change...
Gemini Links 26/05/2026: Slop Bug Reports and Crawlers Considered Evil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 25, 2026
IRC logs for Monday, May 25, 2026
Slop Causes Global Warming
in some parts of the world people die from overheat (heat strokes) as temperatures reach almost 50 degrees as early as May in the northern hemisphere
Vatican Speaks Out Against Slop, Promoting Instead "Truth, Dignity of Work, Social Justice, and Peace."
Religion (no matter which) does not oppose machines, but LLMs aren't useful machines
SLAPP Censorship - Part 87 Out of 200: Access to Justice
this part will be short
A Promise IBM/Red Hat Could Not Keep
"all about control, not so much optics."
Links 25/05/2026: Russia Lobbing Oreshnik Ballistic Missile Again, Slop Comes Under More Fire
Links for the day
Gemini Links 25/05/2026: Injury in Gym and Abusive LLMs DDoSing Software Developers While Misusing Their Code
Links for the day
A 'Bank Holiday' When National Debt Doubles in a Decade
Maybe it's time to rename "Bank Holidays"
Links 25/05/2026: Lingering Environmental Concerns and Domain Registrars Targeted for Unmasking
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 24, 2026
IRC logs for Sunday, May 24, 2026