Bonum Certa Men Certa

Linux Voice Stresses the Importance of the Software Patents Question in Relation to Free Software

Linux Voice



Summary: Adam Saunders of Linux Voice authored a detailed report about prominent software patents-centric cases and how they impact the viability of Free/Open Source software (FOSS)

A new article from Adam Saunders, who writes "Free Software" rather than "Open Source", has just been published online by Linux Voice, which is a magazine that we support because its writers are trustworthy and there is no pressure from any dubious sponsors (many magazines have this problem which results in self-censorship). We've been raving fans right from the very start. The article is a long overview of the patent situation (and to a lesser degree copyright situation) when it comes to Free/Open Source software (FOSS). It begins by stating that "[t]he United States is a popular region for patent litigation for a few reasons. There are some courts, such as the Eastern District of Texas, that have earned a reputation for being “plaintiff-friendly” when it comes to patent cases. That is, if someone brings a patent infringement lawsuit there, they’re more likely than not to win it. The payouts are also pretty high in the United States for a victorious plaintiff; awards can be in the hundreds of millions of dollars, with the highest award given weighing in at over $1.6 billion (US)."



The article is detailed and insightful. It later explains why software patents are now being chased out of the United States (Linux Voice is British by the way, not American). It explains it as follows: "Alice Corporation, a non-practice patent-holding entity, held patents on a method, system, and process for a particular type of financial risk hedging: namely, that one party to a set of financial transactions won’t pay at one or more stages in the set. This risk is known as “settlement risk”. Alice’s patents describe using a computer to keep track of the transactions between the parties. If the computer determines that a party does not have sufficient funds to pay their obligations to the other side, then the transaction is blocked. Litigation against CLS Bank International for alleged infringement of these patented ideas started in 2007, eventually winding its way up to the Supreme Court of the United States.

"Writing for a unanimous court, Supreme Court Justice Clarence Thomas begins with a brief description of what the patents claimed. There are effectively three different types of claims made: “(1) the foregoing method for exchanging obligations (the method claims), (2) a computer system configured to carry out the method for exchanging obligations (the system claims), and (3) a computer-readable medium containing program code for performing the method of exchanging obligations (the media claims)” (page 3 of the ruling).

"Thomas then goes on to cite the court’s recent ruling in Mayo vs Prometheus, which established a test to determine which inventions incorporating abstract ideas are patent-eligible: “First, we determine whether the claims at issue are directed to one of those patent-ineligible concepts” (page 7). If it is so directed, then the court looks at “the elements of each claim both individually and ‘as an ordered combination’ to determine whether the additional elements ‘transform the nature of the claim’ into a patent-eligible application” (page 7). This is what Thomas refers to as “a search for an ‘inventive concept’” (page 7)."

As we have repeatedly stressed here over the past week [1, 2, 3, 4, 5, 6, 7, 8], therein existed an opportunity for Red Hat to smash Microsoft's patents that it was actively using against Linux (even days ago). Instead Red Hat is filing/applying for software patents of its own (still) and it has just signed a patent agreement with Microsoft. This agreement seemingly leaves exposed all who are not Red Hat or Red Hat customers, so it would take something rather surprising to show Red Hat did not act selfishly and recklessly (a cleverly-crafted short FAQ is not a contractual agreement). A "standstill" serves to insinuate that two sides are in conflict, but the matter of fact is that only Microsoft is attacking and a "standstill" implies only temporary peace. What kind of a 'bargain' is that? Red Hat sold out and it hopes that critics will just forget about it and go away.

We are still pursuing answers from Red Hat. It's work in progress and continued silence will serve the reinforce suspicions of guilt. Red hat would be better off becoming transparent. If it fails to provide answers in the next few weeks we are going to speak to come influential people like Richard Stallman about the problem and look for solution, or even a damning statement on this matter. ⬆

Recent Techrights' Posts

Microsoft Insiders on "Effectively Being Silently Laid Off From Microsoft"
People are laid off by the thousands without the media uttering a word or the companies confirming anything
Microsoft's XBox CEO Asha Sharma Tells Staff That Many Thousands of Layoffs Are in Fact "Return to Growth"
Get it? Layoffs are "growth".
Gemini Links 07/10/2026: Nostalgia, Neutral Map, and Shorthanding
Links for the day
 
The Register MS Helps Prove the "AI" Frenzy in the Media is Evidence of Compromised Media, Not Legitimate "Revolution"
Ignore the hype and carry on
London Became Synonymous With the Royal Courts of Justice
London used to be a place where we go on holiday/retreat/break; nowadays we have only one destination there
Brigading Against Women - Part XXIII - Extremism in the Mix and Getting the Police Involved
In 2012 I was getting heckled a lot for opposing back doors in Linux; it has not stopped since
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 07, 2026
IRC logs for Wednesday, October 07, 2026
Gemini Links 07/10/2026: On Feeling Guilty Leaving the US, Multinet, and Limiting Net Usage
Links for the day
The Cyber Show Explains the Concept of "Data Rape"
a metaphor some might find crude
FREE BEER is Still Online, But Barely Active
25 years ago or even 20 years ago many spoke of open/free beer (or "COLA")
Syria: GNU/Linux Has Surged to 8% "Market Share"
I don't have a convincing explanation for this
IBM Dimming Down the Lights on IBM Consulting, No Knowledge or Experience Required
They just "ride" the (old) brand, that's all
Statement on American SLAPP
Crossposted from schestowitz.com
Today The Register MS Published "SPONSORED FEATURE" and "SPONSORED POST" With "AI" 31 Times in Them
This isn't a "Reality" or "Era of AI", it's a paid-for spam campaign
Links 07/10/2026: Unrest in France and Rumours of Plague in Russia
Links for the day
Brigading Against Women - Part XXII - The Lozza Problem (in Length)
Garrett's case was a waste of the Court's money
JavaScript in Richard Stallman's Web Site
For search he is using CGI, not JavaScript
EPO's Local Staff Committee The Hague (LSCTH) Plans Presentation Next Week (Coinciding With Apparent Coronation of 'Cocaine King' Campinos)
They've outsourced this session to the dictator's spying eye
The GNOME Foundation's Code of Conduct Has Been Misused to Hide Corruption
People who value free speech and freedom of expression won't touch social control media with a 10-foot bargepole
Voting for Freedom of the Press
American elections happen every 4 years
What Brett Wilson LLP and Matt Garrett Don't Want People to See/Read
Book-burning is counterproductive
Book-Burning Mindset Does Not Work
It makes the suppressed voices more widely known
Microsoft's XBox in 'Freefall'
XBox is practically finished
Slop is Plagiarism
Plagiarism is not "theft" and copyright infringement is not "piracy"
IBM is Almost Defunct
IBM is doomed. It just tries to test how much more patience the shareholders have.
Criminalisation of Journalism
"Journalist Derya Okatan arrested in Turkey for allegedly possessing classified material"
Brigading Against Women - Part XXI - Hiding Behind the Veil of "Privacy" After Telling Nazi Things in IRC Channels of Techrights and Physically Threatening People
To merely explain an abuse (or crime) requires naming people; that's a fundamental tenet of reporting
Links 07/10/2026: Quitting Smartphone and "Meta's Muse Is Spying on All Your Friends and Family"
Links for the day
Gemini Links 07/10/2026: Greed, In Praise of Zotero, and The de-Google Path
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 06, 2026
IRC logs for Tuesday, October 06, 2026
Microsoft Hiring Only on the Cheap
Much of the same can be said about GAFAM and IBM
Gemini Links 06/10/2026: Nightfall Express, Shorthanding, and Raspberry Pi Desktop Gets a Debian Trixie Refresh
Links for the day
20th Anniversary Next Month
We are currently trying to agree on a plan for next month's celebrations
Taking Photos With Richard Stallman (RMS)
What's the point?
GAFAM Attack on FreeDesktop
Now they push lots of LLM slop into Linux
EPO Union Bemoans Lack of Social Dialogue as Dictator Wishes to Govern Forever (No Elections, No Rivals), Hide the Many Issues
"Exchange of open letters"
GNU/Linux Has Risen in France Since the Order to Adopt GNU/Linux (in Public Services)
We can expect the same in countries like Denmark, Switzerland, Germany, and The Netherlands
On Microsoft Hiring Freeze or No Permanent Jobs at Microsoft Anymore (Amid Many Silent Layoffs)
Microsoft has changed what it can offer workers
IBM Cannot Hide the Layoffs Forever
we welcome whistleblower to tell us more and send us documents related to that
EPO's Central Staff Committee Asking The Council to Get Rid of Corrupt Campinos
We'll be covering EPO scandals around the time of that meeting
Gemini Links 06/10/2026: EU Kids Act, Practicality of Gemini, and Games
Links for the day
Links 06/10/2026: Data Breaches Epidemic and Turkey Blocking Journalists
Links for the day
The Whole Point of Computing is That Computers Are Deterministic (Speed With Predictable Accuracy)
Unlike stochastic parrots that stochastically utter out lies
It's Not a Linux Back Door If It's an Unpatched Device
"Linux Backdoor" is a glaring misfit, a possibly 'obscene' term
What is a Conditional Fee Agreement (CFA)? When Law Firms Become the Litigants.
And the Solicitors Regulation Authority (SRA) needs to be more serious about tackling this
Brigading Against Women - Part XX - Attempts by Lozza to Deplatform Techrights and Tux Machines Only Days After I Sued Garrett and My Wife Also Sued Garrett (Shortly Before the Serial Strangler From Microsoft Joined)
in 2024
Links 06/10/2026: A Year Since "NSA Whistleblower Reality Winner Released From Prison", World Tries to Deal With El Niño
Links for the day
"SIRIUS CORPORATION LIMITED" as Evidence of the Financial Shell Games in the UK
Rianne and I still have some fond memories of the time the ex-wife of the CEO treated us like human beings
Lots of Silent Layoffs at IBM Last Week, Employees Explain Patterns of Those Impacted
It wasn't just gossip, it actually happened even if the media chose to look the other way (as usual)
Gemini Links 06/10/2026: Fighting for Purpose, Gemlogs, and Gemtext
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 05, 2026
IRC logs for Monday, October 05, 2026