Bonum Certa Men Certa

The Demise of Software Patents in Australia and the Unites States Worries Patent Lawyers

Patent Pools, Patent Thickets, Patent Stockpiling, Patent Trolling, Patent Royalties, Patent Agreements, Patent Lawsuits etc. are the lifeline of patent lawyers

Midland Hotel pool



Summary: Patent lawyers are pooling together their collective influence in an effort to rescue or salvage software patents, which software professionals neither want nor need

"Software shouldn't be patentable," Christine Hall of FOSS Force wrote last night. "It's already covered under copyright law, where it belongs." That's just how a lot of software professionals feel, not just FOSS proponents. So who benefits from (and lobbies for) software patents? Monopolists like Microsoft, their lobbyists, and their patent lawyers for the most part.



"Yes, even some large companies have gotten fed up (but not Microsoft)."According to this latest news (covered here a couple of days ago), "APPLE AND ERICSSON have agreed to a global patent deal that will end legal hostilities between the two companies."

Yes, even some large companies have gotten fed up (but not Microsoft). "The specifics of the deal remain confidential," says this report, "but it looks like Ericsson has come out on top of the negotiations after confirming that Apple will make an initial payment to Ericsson and then ongoing royalties."

The Microsoft-controlled Nokia is said to have gotten something similar out of Apple. A lot of these mobile patents pertain to wireless communication, design, and user interfaces/software. These threaten what we have come to know and appreciate as mobile Linux, or FOSS platforms (such as Android) as zero-cost operating systems that commoditise phones and other gadgets, like portable small devices.

We are rather disturbed to see the degree to which patent lawyers dominate the debate in the media. Where are representatives of the software industry (meaning independent developers, not software behemoths with monopolies in their respective field/s)? Spokespeople for the interests of software developers are typically absent, whereas the giants have dedicated front groups like the Business Software Alliance (BSA).

"Where are representatives of the software industry (meaning independent developers, not software behemoths with monopolies in their respective field/s)?"In two recent posts of ours [1, 2], Australia's patent lawyers were shown with their biased opinions. They currently freak out a bit because software patents are losing their teeth in Australia, at a fairly high level. Truthfully, it can go to an even higher (the highest) level. As George McCubbin from Minter Ellison put it in his conclusion/concluding remarks: "RPL Central can of course still seek special leave to appeal the decision to the High Court, which, if leave was granted and the appeal proceeded, would likely resolve this issue in the short term at least."

Minter Ellison is just the latest legal firm to write about this. Here is some background or context: "In its long awaited decision Commissioner of Patents v RPL Central, the Full Federal Court has rejected another computer-implemented invention for failing to constitute patentable subject matter. In doing so, Justices Kenny, Bennett and Nicholas overturned the decision of the trial judge, Justice Middleton, delivered in August 2013.

"Patent law needs to take into consideration whether patents in one domain or another actually offer a benefit to society and encourage development.""The decision has implications for any software developers."

Yes, well, since they provably hate these patents. There were online petitions in Australia about it (covered repeatedly in Techrights at the time), indicating that it's good news for developers, maybe bad news for patent lawyers.

Patent lawyers from Manatt Phelps & Phillips LLP (US) are doing 'damage control' right now, a year and a half after Alice. This other new article says: "There may be a glimmer of hope for owners of software patents as it is possible that the Federal Circuit is rethinking, or at least grappling with, the larger implications of Alice" (the software patents slayer).

They note that "may be a glimmer of hope for owners of software patents" as if it's a disaster that software are dying (a disaster for patent lawyers for sure, but take note of the biased tone).

Another US-based legal firm has just published something related to this. "As background," it says, "the patent relates to computer memory modules that comprise a printed circuit with upwards of a dozen “random access memory” (RAM) chips (sometime on both sides of the circuit board) for short-term storage."

This, unlike what was covered above, actually involves some hardware. It is not something which a sole programmer can produce in a basement.

Patent law needs to take into consideration whether patents in one domain or another actually offer a benefit to society and encourage development. When it comes to software patents, evidence strongly suggests that they mustn't exist and the US Supreme Court seems to agree.

Recent Techrights' Posts

Mobbing at the European Patent Office (EPO) - Part IV - EPO Can Get Away With Murders, Suicide Clusters, and Systematic and Prolonged Bullying by 'Team Campinos' ("Alicante Mafia" as Insiders Call It)
Nobody in the Council or the EU/EC/EP gives a damn as long as laws are broken to fabricate 'growth'
Jeff Bezos Isn't Just Killing the Washington Post, He's Killing Thousands of News Sites/Newsrooms (in Dozens of Languages) That Rely on It for Many Decades Already
Not just slopfarms; even the Ukraine-based reporters are culled by Bezos, who's looking to please the dictators of the world
Central Staff Committee Confronted António Campinos for Giving His Cocaine-Addicted Friend Over 100,000 Euros to Do Nothing, Just Pretend to be Ill, While Cutting the Salaries of Everybody Else
"On the agenda: Amicale framework & Financial assistance for courses"
How to Win Lawsuits in 5 Simple Steps
Keep issuing threats every week and send 60 kilograms of legal papers to the target
Living in Freedom When 'False Flag Operations' Like EFF Get Captured by Billionaires to Take Freedom Away
There are many ways to think of Software Freedom
Changes at the Solicitors Regulation Authority (SRA)
SRA is basically a waste of money
 
Benjamin Henrion Warned About the Illegal and Unconstitutional Unified Patent Court (UPC) in FOSDEM 2026
Listen to Benjamin Henrion
Economies Crashing Not Because of Slop Improving 'Efficiency' (That's a False Excuse) and 'Expensive' (Read: Qualified) Workers Discarded in Race to the Bottom
Actual cocaine addicts are pushing out moral people
IBM's CEO Speaks of Layoffs, Resorts to Mythical (False) Excuses
This has nothing to do with slop
Links 06/02/2026: Voter Intimidation and Press Shutdowns in US, Web Traffic Warped by LLM Sludge
Links for the day
Does Linux Torvalds Regret Having Dinners With Bill 'Russian Girls' Gates?
See, the rules that govern the Linux Foundation and its big sponsors aren't the same rules that apply to all of us
IBM: Cheapening Code, Cheapening Staff, Cheapening Everything
IBM's management runs IBM like it's a local branch of McDonald's. IBM is a junk company with morbid innards.
GNU/Linux Measured at 6% in One of the World's Largest Nations
Democratic Republic Of The Congo
Linux Foundation Operative Says We and Our Software All "Owe an Enormous Debt of Gratitude" to a Software Patents Reinforcer
The only true solution is to entirely get rid of all software patents
More Than 99% of "AI" Companies Aren't AI, They're Pure BS
We need to discard those stupid debates about "AI" and reject media that gets paid to participate in such overt narrative control (manipulation like The Register MS)
AI Used to Save Lives, Now "AI" is a Grifting Scheme That Burns the Planet and Will Crash the Economy
What the media calls "AI" (it gets paid to call it that) is the same stuff that could instead be dubbed "algorithms"
Amutable is a Microsoft Siege Against Freedom in GNU/Linux, Just Like the People Who Brought You 'Secure Boot' Controlled by Microsoft
Do whatever is possible to avoid Amutable and its "products"
Growing Focus on Publication
Over the past ~10 days we always served more than a million Web hits per day
"Going to be a large number of Microsoft layoffs announced soon"
Everybody knows a giant wave of layoffs is coming Microsoft's way
End of the 'GPU Bubble' and NVIDIA Finally Admits It Won't Bail Out Microsoft OpenAI Anymore
circular financing (financial/accounting fraud)
Corrupt Media Won't Hold Accountable Rich People for Role in Pedophilia
Journalistic misconduct or malpractice is a real thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 05, 2026
IRC logs for Thursday, February 05, 2026
EPO Management ("Alicante Mafia") Not Properly Sharing Information on Scale of Strikes by EPO Staff
disproportionate (double) deductions in salaries against people who participate in strikes, which are protected by law
Gemini Links 06/02/2026: Slop/Microslop, Home Assistant, and Valid Ex Commands
Links for the day
Blackmail evidence: Debian social engineering exposed in ClueCon 2024 talk on politics
Reprinted with permission from Daniel Pocock
Bitcoin crash: opportunity or the end game?
Reprinted with permission from Daniel Pocock
Claims That IBM Will Lay Off 20% (or 15%) of Its Workforce This Year Unless It Finds a Way to Push Them All Out by Threats, Shame, Guilt
Where are the articles about IBM layoffs?
IBM Isn't a Serious Company Anymore, It's a Ponzi Scheme Operated by a Clique and It Misuses Companies It Acquires to Prop Up or Legitimise the Scheme
IBM seems like it's nothing but a "Scheme"
Google News Drowning in Slop About "Linux" (Slopfarms Galore)
Google should know better than to link to any of these slopfarms, but today's Google is itself a pusher of slop
Links 05/02/2026: EU Commission Gutting Net Neutrality
Links for the day
Gemini Links 05/02/2026: NixOS Books and Monochrome Emojis
Links for the day
Links 05/02/2026: Canadian Government Uses US LLMs to Override Expert Opinions, NVIDIA Troubles Due to Enablement of Mass Plagiarism ('Piracy') Misleadingly Obscured as "Hey Hi"
Links for the day
Explaining the Letter From JUDGE SYKES FRIXOU, Threatening Me Around the Time GNOME's Nat Friedman Lost His CEO Job at Microsoft GitHub and His Best Friend Got Arrested for Strangulation
this letter (with annotation) is critical
Linuxiac Not Rehabilitated, It's Still Full of LLM Slop (Part of a Trend)
The Web as a resource/source of information is perishing
"Sponsored by Azul" to Write Fake 'Article' About Azul, Quoting Azul Itself
The "journalism" industry [sic] became so utterly corrupt
JuristGate is for sale: three billion Swiss francs for a domain name
Reprinted with permission from Daniel Pocock
Like Microsoft and IBM, the 'Alicante Mafia'-Governed EPO Does PIPs Nowadays (at the EPO, It's "Professional Incompetence Procedure")
So "PIPs" are definitely in the EPO and we saw letters sent to staff
Time for Change, More New Articles, Less Curation
The oligarchy wants to gut the real press and replace media with slop and social control media (or social control media with slop in it, i.e. their own voices, mechanised)
Gemini Links 05/02/2026: Coercion, Antibiotics, and LVDT Project
Links for the day
Almost 1,600 EPO Employees Went on Strike Last Week
There is another strike coming 2.5 weeks from now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 04, 2026
IRC logs for Wednesday, February 04, 2026
Links 04/02/2026: Extreme Malice in Microsoft's Visual Studio Code on GNU/Linux, More Hey Hi (AI) Chaos
Links for the day
Sexism & GNOME: shaming men, hiding women, Sonny Piers update
Reprinted with permission from Daniel Pocock
You Know Microsoft's "Value" is 100% Fictional When in One Single "Trading" Day in Wall Street It Loses THREE TIMES More in "Value" Than It Was 'Worth' in 2009
Microsoft does not behave like a company riding trillions but like a company that struggles with payroll
Gemini Links 04/02/2026: Humanity and Animality, systemd (Controlled by Amutable, a Proxy of Microsoft) Moves on to "Extinguish" Phase
Links for the day
Better Outcomes When Facing the Discomfort of Conflict
Don't take the easy way out when the "hard way" is the right way and it can result in positive revelations
Certificate Authority Let's Encrypt Used to be Widely Used in Geminispace, Now It's Down to Just 0.2% of the Whole
Let's Encrypt is not your friend
What IBM Does Is Clearly Illegal in the US: Tying Severance Packages to NDAs (Non-Disparagement Agreement/Clause)
The NDAs make things worse; they keep people isolated and silent
Microsoft's Giant Snowball of Layoffs and PIPs (in 2026)
They would delay until March or April if they wanted to, but then we can expect numbers exceeding 10,000 layoffs (Microsoft always low-balls the real figure/s)
Mozilla Turned Firefox Into Shovelware, Adding 'Kill Switch' for Slop Still Means Mozilla is Participating in a Pyramid Scheme, Plagiarism, Grifting
Mozilla is still a slop pusher
Leaving the United States 3 Years Ago Was the Best Decision We Made
A lot of stuff is being consolidated
Links 04/02/2026: "Laws of Succession" and Microsoft's VS Code as Code-Stealing Malware
Links for the day
BillBC (BBC) Covered Up Pedophilia, Now It's Covering Up for Its Sponsor Bill Gates by Reprinting His Lies, Which His Own Wife Disputes
Is Bill Gates having orgies (group sex)?
Phoronix Swims With the Real Trolls, People Who Fancy Proprietary Software and Back Doors
If Larabel begins to actively participate in provocation with the "Microsoft GitHub fans club", what does this tell us about Phoronix?
They Know Microsoft Layoffs Are About to Hit Them Hard
The gaming division at Microsoft is a complete catastrophe, lots of money (debt) down the drain [...] Buying Activision was all about misleading shareholders or hiding the deep trouble/problems XBox was having
Red Hat is Not a Linux Company, It's IBM's Ponzi Scheme Enabler
Had we still been stuck in 2021, perhaps IBM would plaster "NFT" or "metaverse" all over RedHat.com
Keep Grinding
"Don't let the bastards grind you down"
Mobbing at the European Patent Office (EPO) - Part III - Who's Going to Pay for the EPO's Corruption? (Aside From European Citizens)
Some people inside the EPO reached out to us
"Investors Are Concerned About an AI Bubble" (That GAFAM and IBM Ride)
A few decades from now IBM will only be remembered in the same sense many so-called 'AI' companies will be remembered
EPO Staff Union: "Very High Strike Participation on Friday 30 January", Another Strike Starts 19 Days From Now
EPO management in a bit of a panic
Censorship/Free Speech and Social Control Media
It's important to have a grasp of how contemporary censorship works and how to tackle it
Google News as Slop Booster
this is what Google links to
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 03, 2026
IRC logs for Tuesday, February 03, 2026
Gemini Links 04/02/2026: "Raspberry Pi Relaxes the Rules for Its RP2040 Hacking Challenge" and "Long Web Society"
Links for the day