Bonum Certa Men Certa

Fighting the Patents Industry Which Focuses on Software

Shield of transparency

Shield of transparency



Summary: A general and short piece about who to target when working to abolish software patents

Patents are the Nemesis of Free (as in freedom) software. But who is it that's really behind patents? There is the systemic component (institutional) and the corporate component. The latter, which relies on the former, is also the one which lobbies the former. One might say that, in the United States in particular, large corporations such as IBM and Microsoft reinforce the patent system for the sake of protectionism*. Rackspace, a smaller company, says the patent system is "legally sanctioned extortion", so we know that the USPTO is serving neither small nor medium-sized companies. One can identify the system as benefiting lawyers, patent trolls, and large corporation which can afford to use the other two groups (trolls are sometimes used as a litigation proxy by larger entities to whom this investment and risk are worthwhile).



I advocate aiming for change in the system, not those who exploit the system. The problem is, those who write the law which makes the system (through lobbyists) are the same entities which exploit it. It is a problem of political entryism -- one that we find in the copyright world as well. Monsanto too made it infamous. The bottom line is, based on my experience battling software patents for nearly a decade, you should always fight at both levels. If you assume that the patent office is controlled by corporations -- which is correct -- then battle that office while also battling its enablers and those whose extortion it enables.

What makes me worried is that patent lawyers have taken over much of the public debate while developers remain apathetic or passive. There is a sense of defeatism. The ills of a system which facilitates government-granted monopolies on abstract ideas which are reducible to mathematics are not to be underestimated. Customers -- not just developers (irrespective of how they develop software) -- should be up in arms over it, but they are not. Well, to be fair, some of them became active after Apple had won the billion-dollar case against Samsung -- a case which has been rotting since then, due to jury/foreman misconduct and crucial patents that get invalidated upon re-examination, proving incompetence at the USPTO.

Unless we fight against software patents, the many patent lawyers who are vocal about it will have the stage dominated by their views. It's not too late to beat software patents in the US, preventing them from spreading further.



___
* IBM and Microsoft also lobby at the EPO (EU) and IPONZ (New Zealand) as multinationals whose interests they believe supersede those of the locals. The EPO and IPONZ enjoy profit from glorification of patents, as seen today right here.



Originally posted in Linux Advocates

Recent Techrights' Posts

The Gerstnerisation of Microsoft: Seventh Wave of Microsoft Layoffs (Over 20,000 to be Cut) Allegedly Going to Start Shortly, Probably Start of Next Week, Microsoft Spreads Chaff and Noise Before the Big Axes Fall
we might be looking at about 50,000 people that Microsoft gets rid of this year
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
 
European Patent Office (EPO) Faked "Revenue Expansion" by Granting Loads of Invalid, Illegal Patents; Staff Still Wants to Know Where That Money Went
Only about 30% of the EPO's patents are for EU entities/people
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025
Links 08/05/2025: Mass Layoffs at Google Again, India/Pakistan Tensions Continue to Grow, New Pope (US) Selected
Links for the day
"Victory Day" - Part I: That is the Day Microsofters Who Assault Women Pay for Their Actions in Foreign Land (Using "Guns for Hire" Who Attack Their Own Country for American Dollars)
Adding a friend from Microsoft to the docket didn't help
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025
The CoC Means the Founder of GNU/Linux Cannot Talk and a 72-Year-Old Man With Cancer is Somehow a "Safety" Risk?
Those who don't like RMS are not forced to attend his talks
Gemini Links 07/05/2025: A Shopping Spree and Digital Gardening
Links for the day
Links 07/05/2025: Pegasus Guilty and a Path Towards EU Without Russian Energy
Links for the day
People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025