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

Recruiters Don't Use Microsoft LinkedIn, Spammers Use LinkedIn
One of my best friends, a university professor, lost all of his life's savings due to Microsoft LinkedIn
You've Only Wasted Your Life in Social Control Networks
In a sense, social control media is a giant delusion
2025 Was a Very Bad Year for Social Control Media
statCounter sees a gradual demise in Social Control Media access
Don't "Go Paperless", Go Paperful [sic] (for What Really Matters)
Why should we favour paper use sometimes? Well, many reasons.
The Slop Industry is Failing So Badly (Mountains of Debt, Losses) That It's Merging With the SPAM Industry
we reckon that Google will eventually delist all slopfarms, recognising they're just a form of SPAM
IBM Starts 2026 a Much Smaller Company (Not Homage to Gerstner)
People who get bluewashed out of their job (or bluewashed into unemployment) are gagged by NDAs
Microsoft XBox Having a "Dog Ate My Homework" Moment: No New Console Until 3 Years From Now... Because "RAM Prices"
Who will ever remember this in 2028? Nobody.
Gemini End of Year Capsules Tally (Based on Lupa) Shows About 10% Growth
What a difference a year makes
Dr. Andy Farnell Explains Why Chatbots Became Dishonesty on Top of Dishonesty (Hiding Usage of Dishonest Salads of Words)
new article from CyberShow
 
Fiji: GNU/Linux Has Risen From Almost Nothing to Almost 5% in Recent Years
It's not as small as people are led to believe
Gemini Links 31/12/2025: Blogosphere is Growing and New Year Begins
Links for the day
Complexity Considered Harmful: We Used to Run an Operating System on 64KB of RAM, Not 64GB of RAM (a Million Times More)
"Initially confined to single-tasking on 8-bit processors and no more than 64 kilobytes of memory"
Links 31/12/2025: Cheeto Pushing for More Wars, ‘Security is a Shared Responsibility’
Links for the day
Enshittification of Postal Services Isn't Technological Advancement
Societies that say the aim is to "go digital" and eliminate paper trail aren't advanced; they're moving backwards
XBox is Likely Dead Already, But the Threat It Posed to Us All for Two Decades Isn't Over
"the Xbox was never about gaming and merely served as a test bed for DRM in commodity systems."
Ahead of 2026 Mass Layoffs at Microsoft the Tree Gets Shaken to See Who 'Falls' (Resigns/Retires)
"We had a quiet meeting last week about budget realignment. No one said layoffs, but it’s clear where the focus is shifting."
Almost 6,5000 Pages in 2025, Aiming Higher in 2026
if we can keep focused, then quantity will increase
Gemini Links 31/12/2025: New Resolution, Reverse Hexdump, and Programming Languages
Links for the day
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day