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

Hardly Seeing Slopfarms Today, Even in Google News
Google's adventures with slop increased its debt significantly
 
SLAPP Censorship - Part 30 Out of 200: The Time We Reported Abuse to Greater Manchester Police (GMP) and It Was Escalated to Its Cybercrime Unit
he started trolling and harassing me for criticising his employers' monopolistic and users-hostile agenda
'Modern' Cars Not a Rosy Industry
The current "modern" cars already have a shelf life similar to that of many toothpastes
Wrongthink Detector and Filter in "Think About the Children" Clothing
It is not about "age verification", it's a Trojan horse for social control
IBM Facilities Now Deemed Legitimate (Military) Target, Along With GAFAM Bases
Does IBM have any defences in place to protect against "downtime by explosions"?
What Happens When Some Large News Sites Turn to Slop and Spew Out Nonsense
LLM slop makes such grotesque mistakes abundant
Links 01/04/2026: Quantum Hype (Turing and Google), "US Fuel Prices Surge Past $4 a Gallon"
Links for the day
Gemini Links 01/04/2026: "Sacred Week of Cycling" and Zenity for Scripts
Links for the day
Losing Debian: Sruthi Chandran election flop
Reprinted with permission from Daniel Pocock
French judgment: parasitisme by FSFE & Matthias Kirschner (CO23.002709)
Reprinted with permission from Daniel Pocock
Microsoft Uses April Fools to 'Joke' About Inserting "Age Verification" (Surveillance) Into Linux
MinceR says the "lkml [message/page] one is April Fools or at least they're trying to pass it off as April Fools [however] the [GitHub] one was archived on the 8th and yesterday, so that probably isn't..."
IBM "Headcount Reductions" by Early Retirement and Death
The tragedy at IBM started 33 years ago on the first of April
Red Hat: Latin-1 character set under threat from Bishop Michael Martin, North Carolina
Reprinted with permission from Daniel Pocock
Links 01/04/2026: Microsoft GitHub Now Pushing Ads Into People's Code/Commits, Earth Overshoot Day Draws Nearer
Links for the day
What IBM and EPO Workers Have in Common: European Media Not Covering Very Major News (Press Became Dysfunctional)
Are IBM operatives working to scuttle the process of investigative journalism?
Free Speech in the United Kingdom When "Chilling Effect" is Increasingly Prevalent
If politicians cannot even use a term like "parasitic behaviour", then where do we as a society end up?
Oracle Lays Off Because of Debt and Commercial Issues, Not Slop
Like Scam Altman, Larry Ellison hangs around Cheeto King because he could use some bailouts in the form of government contracts or phony money with an incredible name like "Stargate"
The Real Reason Many Sites and Forums Shun Microsoft Lunduke
When forums say that they banned Microsoft Lunduke or don't want him mentioned it's probably because they are familiar with the "stench" that follows him around
Gemini Links 01/04/2026: Hallucinations, Stitching, and Type Systems
Links for the day
Lots of Layoffs at IBM, "Media Blackout" About Mass Layoffs at IBM's HashiCorp and Confluent Last Month
IBM is a dying company circling down the drain while manipulating or paying the media to pretend everything is fine
Microsoft Under Investigation by the UK's Competition and Markets Authority (CMA) for Abusive Tactics
What's noteworthy is that this is "set to begin in May"
Sounds Like Red Hat (IBM) Layoffs in Slop Clothing
This is an IBM policy. They try to justify staff cuts.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 31, 2026
IRC logs for Tuesday, March 31, 2026
In Time for April Fools (and Easter), 30,000 Oracle 'Pink Slips' While People Are Asleep
Oracle probably has no choice but to fire a ton of people
SLAPP Censorship - Part 29 Out of 200: Violent Language Won't Go Away When You Use It in Your Site, Blog, and Social Control Media
abuse began in 2012 because I had politely and accurately criticised Red Hat
Gemini Links 31/03/2026: Five Years on Gemini (Rob's Gemini Capsule), OFFLIFIRSOCH 2026, and More
Links for the day
Slopfarms Persist, But Google Seems to Have Delisted Many
We are still checking
Links 31/03/2026: More Energy Shortages Noted, Taylor Swift Faces Trademark Infringement Suit
Links for the day
Chaff, Slop and Spam Help Distract From Parallel Crises at IBM
IBM seems very eager to undermine discussion about what goes on inside
Lacking Business Model, Bluesky Has Become Slop and Gravitates Towards Plagiarism, Bots
LLM slop/plagiarism under the guise of "Artificial Intelligence" (AI)
IBM-Spawned Lexmark Sold, Then Came Mass Layoffs, Now the CEO Who Did This is Leaving
IBM is really not a magnet for talent at this point
Not April Fools But April First: Red Hat Staff Becoming "IBM"
claims of mass layoffs set to kick off at IBM some time soon
Gemini Links 31/03/2026: Antenna Packed Up, AuraGem and AuraSearch Maintenance
Links for the day
Links 31/03/2026: More Social Control Media Bans, BBC Now Run by GAFAM (US) Executive
Links for the day
'Broligarchs' Don't Want Science, They Want Entertainers to Entertain Them (and Make Them Richer)
Of course this will result in things getting worse in the sciences and everyone who relies on the sciences
When Republics Turn From Democratic Governments Into Imperialistic Dictatorships
What goes on in the US would require talking about politics
Companies That Have Nothing Except Buzzwords and Promises Will Perish
Dishonest media will perish along with the companies it is covering up for
The Solicitors Regulation Authority (SRA) to be Grilled in Two Weeks' Time by the British Government for "Recent Regulatory Failures"
we escalated to our politicians
GNU/Linux Will Thrive as Long as It's Modular, Not Monolithic
To IBM, it's all about money. Nothing else matters.
EPO "Cocaine Communication Manager" - Part X - People Are Leaving
"I was happy to be at the EPO in the beginning, but since I realized it's all a big mafia"
IBM's 33 Years as a "Financial Engineering" (Accounting Tricks) Company
In relation to Red Hat, this "financial engineering" involves culling many workers and trying to replace them with slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 30, 2026
IRC logs for Monday, March 30, 2026
Links 31/03/2026: Rising Costs, Cyberattacks, Novo Patent Expiry
Links for the day
Gemini Links 31/03/2026: American Spring, Distributed Systems Simulator, and Calculus for Electronics
Links for the day
SUEPO Central Made a Strike (or Striking) Success
Europe has more than enough qualified patent officials
IBM Layoffs and Their Expected Scope in April 2026
Such layoffs impact not only IBM "proper"
SLAPP Censorship - Part 28 Out of 200: Facing Consequences for Impersonation and Worse
It's not "funny". It is moreover libellous.
Links 30/03/2026: South Korea Next to Curb Social Control Media Addiction and Manipulation, Notorious Patents in the US Challenged
Links for the day
Gemini Links 30/03/2026: Going Back to Wrist Watches and Why LLMs in Programming Suck
Links for the day
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day