Bonum Certa Men Certa

Mouse Traps and Overly Broad Patents

Even Microsoft would never claim that their is any misappropriated code in Linux or in any of the major OSS projects, what they are claiming is that they have Patents that cover the concepts used in modern computing.

Of course, MS have never stated with specificity what Patents they feel are being violated; they would rather 'license than litigate' but refuse to tell you what you're buying. Maybe it's because they are a little worried about how those Patents would hold up to scrutiny.

Imagine if someone had patented "A method for the termination of undesired rodents without manual intervention" years ago, what would the state of the Mouse Trap industry be? Even today, 40 Patents per year are granted for Mouse Trap innovations, with over 4,000 Mouse Trap patents on file in total.

I was taught you patent an implementation of an idea, and you get a limited monopoly over the method in exchange for making its workings public. Yes, someone may be inspired by your invention and improve it or do it better - that's the point!
He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. - Thomas Jefferson
The USPTO is broken. The number of Patent applications has increased exponentially during the last decade or two, and Patent examiners rarely have a comprehensive knowledge of the technologies covered in the Patent applications they review.

Patent applicants purposely game the system to keep their patents pending for years, then finally allow these "Submarine Patents" to surface much to the dismay of an entire industry that also made that same Obvious innovation all those years ago.

Until we see real reform in terms of US Patent law and its stifing of innovation in the software industry, the dark cloud of IP litigation will continue to hover over all of us. In the meantime, we can only wait for MS to finally disclose their "evidence" of infringement, and if the SCO case is any indicator, that could be decades.

Recent Techrights' Posts

Spending Christmas Pasting Microsoft's Chatbot Garbage - Anti-Linux and Anti-BSD FUD - Into LinuxSecurity.com (Under the Guise of 'Article')
In 2025 we need to tackle this problem
Microsoft Openwashing Stunts Initiative (OSI) is A Vulture in "Open" Clothing
it's quite telling that the OSI isn't protecting the Open Source Definition
Gemini Links 25/12/2024: Reality Bites and Gopher Thanks
Links for the day
 
Small Codebase is Typically Safer (More Aftermarket Snakeoil Means More Holes)
Rust is just more code
Links 27/12/2024: Ongoing Demise of Real Healthcare, Gemlog Cleanup, Fingers Point to Russia After Passenger Plane Crash
Links for the day
Links 27/12/2024: Perfect Desk, Banning Cellphones, Many Cables Cut Near Finland
Links for the day
Gemini Links 27/12/2024: Slop and Self-hosting
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 26, 2024
IRC logs for Thursday, December 26, 2024
Links 26/12/2024: Japan-China Mitigations and Mozambique Prison Escape (1,500 Prisoners)
Links for the day
2025 Will be Fought and Fraught With LLM Slop or Fake 'Articles' (Former Media/News Sites Turning to Marketing Spam)
The elephant in the room?
Links 26/12/2024: Ukraine's Energy Supplies Bombed on Christmas Day, Energy Lines Cut/Disrupted in the Baltic Sea Again
Links for the day
Gemini Links 26/12/2024: Rot Economy, Self-hosted Tinylogs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 25, 2024
IRC logs for Wednesday, December 25, 2024
[Meme] Time to Also Investigate Bill Gaetz
Investigation overdue
IBM Has Almost Obliterated or Killed the Entire Fedora Community (Not IBM Staff)
Remaining Fedora insiders are well aware of this, but bringing this up (an "accusation" against IBM) might be a CoC violation
Links 25/12/2024: Fentanylware (TikTok) Scams and "Zelle Scams Lead to $870M Loss"
Links for the day
Brittany Day Can Rest and Let Microsoft/Chatbots Write Fake 'Articles' About "Linux" This Christmas
Who said people don't work on Christmas? Chatbots or plagiarism-as-a-service work 24/7, every day of the year except during Microsoft downtimes
Links 25/12/2024: Windows TCO Brought to SSH, Terence Eden 'Retires'
Links for the day
Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day