Bonum Certa Men Certa

The Fight Against Software Patents and Intellectual Monopolies

There is a fair bit of news on the subject of what the press wrongly calls "intellectual property". For starters, you are strongly encouraged to read this new article from the Guardian. It explains why "'Intellectual property' is a silly euphemism."

And now, come to consider the fact that many companies fight to end software patents. This is major, if accurately described herein.

The End Software Patents Web site, here, highlights a long list of diverse businesses that have been sued for allegedly infringing software patents, including the Green Bay Packers, OfficeMax, Caterpillar, Kraft Foods , ADT Security Services, AutoNation, Wal-Mart , Walgreen , Barnes & Noble, Circuit City Stores , Ford Motor , E I du Pont de Nemours and Co. , and so on. In most cases, the companies have been sued because of certain basic, routine functions performed on their Web sites — the way images are displayed, the way data is gathered or transmitted — which are said to infringe software patents.


With so many spurious patents, it should hardly be surprising that a huge backlog gets reported by the USPTO, which very recently received an unnecessary funding boost.

Even with its increased hiring estimates of 1,200 patent examiners each year for the next 5 years, the US Patent and Trademark Office patent application backlog is expected to increase to over 1.3 million at the end of fiscal year 2011 the Government Accounting Office reported today.


With these astonishing numbers in mind, watch the following chart again.

Software patent on rise



Mind the following news article from Associated Press:

More than 60 companies and trade associations, including Microsoft Corp. and Apple Inc., are members of Coalition for Patent Fairness. The coalition paid Patton Boggs to lobby Congress in support of patent legislation that passed the House last year but has stalled in the Senate.


Using the power of the lobbyist (political intervention), at least some of them want to abolish elements in the USPTO that harm their revenue while keeping some of the elements that are harmful to Free software (i.e. their rivals). This was argued elsewhere in the past and even pointed out by Digital Majority editors.

The worry here is that various 'peripheral' (Linus Torvalds calls them "external") issues exist that people like ourselves and others are still studying. Have a look at ways in which Microsoft intends to replace the cash cows' cashflow. It seems safe to suspect Microsoft still operates at a loss, overall. A change of strategy is crucial to Microsoft's survival.

Remember what's in Microsoft mind: patents. Watch the recent news about Blackboard, which was funded by Microsoft. For all we can tell, Microsoft views this as its newer strategy. Its latest SEC filing supports this assertion, to an extent. Then again, Microsoft is also a sufferer, as we were last reminded only 3 days ago.

Microsoft Corp. has challenged 24 of Avistar Communications Corp.'s 29 U.S. patents, the company said.

San Mateo-based Avistar said the challenge follows six months of unsuccessful business discussions.


Software patents and legislation might have greater effect on the success of GNU/Linux than only its technical merits. Those who refuse to acknowledge this do so at their own peril.

Related articles:

Recent Techrights' Posts

Inviting the Founder of GNU/Linux to Events (It Only Costs His Travel Expenses) and Recalling the True Origins
It's reassuring to see belated recognition
The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
 
Microsofters Have a Long History Trying to Take Down Techrights by Sending Threats to Webhosts
picking on women
Links 18/05/2025: Science, Censorship and European Commission Taking on Monopoly Abuse by Microsoft
Links for the day
Gemini Links 18/05/2025: Šibenik and SFJAZZ Historical Archive
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 17, 2025
IRC logs for Saturday, May 17, 2025
Links 17/05/2025: Microsoft Kills "Surface Laptop Studio" (More Canceled Products/Units), Groups Caution About Harms of Social Control Media
Links for the day
Gemini Links 17/05/2025: Sympathy Algorithm and SSH on Alternative Ports
Links for the day
Slopwatch: Microsoft's Anti-Linux Propaganda and Cover-up, Slopfarms Clogging Up Google News
slop-tracking activities that observe googlebombing of "Linux"
AstroTurfing by IBM in thelayoff.com is Highly Risky (and Likely Outsourced)
Microsoft did this in Reddit (and got caught), so why won't IBM too?
Links 17/05/2025: Stabber of Salman Rushdie Sentenced to 25 Years in Prison
Links for the day
Gemini Links 17/05/2025: Happier on Gemini and Manipulating Reddit
Links for the day
ComEd and Microsoft: A Mess of Spaghetti Held Together By Circus Clowns
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 16, 2025
IRC logs for Friday, May 16, 2025
Links 16/05/2025: Microsoft Sacks Pregnant Women, People Fired on Their Birthday; Adobe Censorship Failing
Links for the day
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025