Bonum Certa Men Certa

The Only Solution Would be Abolition of All Software Patents



Video download link | md5sum 17c30d5b36ce3d46e81e5ebc015f63fb Patents Likely the Biggest Barrier Creative Commons Attribution-No Derivative Works 4.0



Summary: The goals of software freedom still heavily depend on our collective ability to eternally demolish all software patents, contrary to what OIN and LOT are trying to do along with the Linux Foundation

SOFTWARE patents are a big problem. They remain a massive barrier to software freedom, including GNU/Linux distributions. At risk of repeating ourselves, it is important to constantly highlight the problem with software patents because many people misframe the issue, as we recently saw when Google removed an image format from Chrome, retracting it due solely to software patents.



Back in October we wrote about Fedora's conflict/dilemma with software patents and this issue returns due to other distros facing similar problems/fears. When someone says that "debian doesn't care" one misses the point that Debian actually does care but takes certain scenarios into account. As an associate put it today, software "patents [are] misunderstood, there is no hurry to sue until the codecs are widespread enough to make it profitable to do so; they can wait until the last day of the patent to do so" (like 'submarine patents').

"At risk of repeating ourselves, it is important to constantly highlight the problem with software patents because many people misframe the issue, as we recently saw when Google removed an image format from Chrome, retracting it due solely to software patents."The associate asserted that people who post online about this issues are "totally confusing patents with copyright and vice versa". The "Manjaro link," for example, "shows some persistent misunderstandings, misinformation about the very nature of sodrware patents. Same for the latest Brodie video in the [above]. Submarine patents are a threat for their entire life cycle and unlike trademarks don't have to be enforced to be kept valid. Like with GIF / LZW a standards-essential patent can be allowed and even encouraged to spread far and wide so as to maximize the amount of money harvested in the shakedown when the patent is enforced for the first time."

The associate wanted to revisit the issue, asserting that misconceptions are spreading "and RMS is right about "IPR" being not only a misnomer but intentionally confusing people on the separate topics..."

Psydruid has meanwhile asked, "how do these (Western) patents hold up in countries like India, China and Russia?"

"We've not been covering software patents lately and neither did most sites that used to cover the topic."I told him that Western monopolists are lobbying and shaming those countries, forcing them to assimilate using IAM and other rags that shame those countries into "compliance".

"I would declare those companies "compania non grata"," Psydruid said, as "they don't do anything for India, but obey their US masters instead."

We've not been covering software patents lately and neither did most sites that used to cover the topic. The EFF has been mostly silent on that front. Recently someone complained online that Microsoft-sponsored media was celebrating and promoting software patents, remarking on one particular example as follows:

The summary and the article are missing the link to the actual patent at the US Patent and Trademark Office (USPTO) lists "US 20220362677 A1", which was published recently on 2022-11-17. Outrageously the USPTO does not have a viable search interface and even for known items where one has the patent number it is only possible to find a rendering of the document in their web "app" after a lot of time and effort. Even then it is not possible to link to the actual patent either let alone bookmark it. That is reprehensible.

Anyway, that rant aside, it is important to rant about the apparent fraud being perpetrated by EA there and by the parties reporting on the patent, or more specifically on the pretend patent

That is because software is no longer eligible for patenting in the US and has never been eligible in Europe. In fact, there was only a relatively short period when it was sort of allowed. Nowadays, in the US, protection from patents has been restored to software just as it had been back during the period of exponential growth. This change is the result of the court case "Alice Corp. v. CLS Bank International" aka "Alice". See also the case "In re Bernard L. Bilski and Rand A. Warsaw" aka "Bilski".

The US Patent and Trademark Office (USPTO) sometimes grants invalid patents. It has also in the past rubber stamped many software patents. Win or lose software patents means a drawn out, protracted fight in the courts and the accompanying legal fees, so it's rare to find a lawyer who doesn't promote them even though they are invalid. If I recall correctly each such case costs the defending company an average of $4M USD. East Texas is a jurisdiction infamous for such activities. The traditional defense of cross-licensing is completely ineffective against NPEs in jurisdictions where software patents are used. The only defense is to operate in jurisdictions where they are not allowed. The way it works is that non-practicing entities (NPEs) create shell companies with no assets and sue companies over software patents in such jurisdictions: With an empty shell there are no assets to confiscate should, after great expense of both time and money, a company win in court against one. Instead of collecting in the case of a win, the NPE and the money both disappear in a greasy cloud of smoke while at the same instant, in the same East Texas suite, at the same East Texas PO Box, a new non-practicing entity spins up with an analog patent.

There is a lot of money riding on this from a small herd of lawyers, including Microsoft's own lawyers and many apparently corrupt politicians on both sides of the pond. However, those with the largest stake and the most money to lose, computer users, are in the dark.


Microsoft has extensive history arming/weaponising trolls against GNU/Linux. Don't ever forget that.

Recent Techrights' Posts

Microsoft's Bing Falls to Fourth in the Europe/Asia-Based Turkey, Share Halved Since LLM Hype, Now Only 1% (Sometimes Less)
Turkey (Eurasia) is another example of Microsoft failing with LLM hype and just burning a lot of energy in vain (investment without returns)
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
 
Joel Espy Klecker & Debian on Joe Biden's health and Donald Trump's assassination
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 17, 2024
IRC logs for Wednesday, July 17, 2024
Links 18/07/2024: Hostname Pedantry and Retro Coding
Links for the day
Fedora Week of Diversity (FWD) 2024 Attracting 0.01% of the IBM Staff "Was a Success"
They expect volunteers (unpaid slaves) to do the PR for them...
African's Largest Population (Nigeria) Approaching 80% Android "Market Share" Amid Steady Monthly Increases While Microsoft Has Mass Layoffs in Nigeria
Microsoft- and Apple-sponsored Western (or English-speaking) media chooses to ignore that or treat it as irrelevant (a racist disposition in its own right)
[Meme] The Warlord's Catspaw
Thugs that troll us
Microsoft Misogyny Will be the Fall of Microsoft (Covering Up for Misogynists is a Huge Mistake and Highly Misguided Short-term Strategy)
Microsoft's undoing may in fact be its attitude towards women
Red Hat Keeps Behaving Like a Microsoft Reseller (for Proprietary Stuff!), Microsoft Employees as Authors in redhat.com
In some ways this reminds us of Novell
UEFI 'Secure Boot' Once Again Bricking PCs and Fake Security Models Are Perishing in Geminispace
Let's Encrypt has just fallen again
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day