Bonum Certa Men Certa

Software Patents and Patent Trolls on the Offensive

Here are some unfortunate stories that we have accumulated for the past couple of days.

Patent TrollTracker Gagged, Sued



The most saddening news today is about the assault of the patent trolls. The victim? A protester against them.

Just this morning we were lamenting the fact that the formerly anonymous Patent Troll Tracker had shut down his blog, but now we know why. It appears that two patent attorneys in East Texas have sued him and Cisco for defamation. One of the attorneys happens to also be the son of the judge who helped make Marshall, Texas famous as a favorite for patent holders. The details on the case suggest that this lawsuit may have been the reason that Rick Frenkel outed himself, as it was actually filed back in November and used as a way to unmask the Troll Tracker.


Web Site Patents



Remember the "JPEG on a Web site" patent (or something along those lines)? Well, be aware that you needn't be a software developer to consider risk associated with software patents. If you have a Web site, the trolls could come after you.

GraphOn Corp. said Monday it filed a lawsuit alleging patent infringement against Yahoo Inc., Classified Ventures LLC, IAC/InterActiveCorp., Match.com, eHarmony.com and CareerBuilder LLC.

Santa Cruz-based GraphOn (OTCBB:GOJO) said the complaint, filed in U.S. District Court in the Eastern Distict of Texas, claims the companies infringed its patents covering a method of maintaining an automated and network-accessible database.

The suit alleges the companies infringe the GraphOn patents on each of their Web sites, and seeks permanent injunctive relief along with unspecified damages.


Next time people ask if Amazon's one-click shopping patent (or other similarly poor ones) might get used, consider examples such as the above. Forget about defensive patents. It's more like an ambush.

Telecom Patents



The telecom Armageddon resumes (well, it never truly ceased). But here comes the owner of the 'genius' idea that is transmitting images.

Intellect Wireless Inc. has sued T-Mobile USA Inc., U.S. Cellular Corp., Virgin Mobile USA Inc. and Helio Inc. in federal court in Chicago, accusing the companies of infringing wireless image messaging patents.


Gaming Patents



Gamers hate software patents, not to mention game developers.

The vast majority of the respondents to this Question Of The Week were against the concept of software patents , and those that answered "no" answered with a great deal more fervor then those that said "yes".


Case of point, fresh from the news: Activision's "Guitar Hero" violates patent: Gibson

Gibson said the games, in which players press buttons on a guitar-shaped controller in time with notes on a TV screen, violates a 1999 patent for technology to simulate a musical performance.


Classic. How many past and present games are actually said to be violating ("infringing on") some software patents (renamed "game patents" in this context)?

Software Patents Protest and Poll



In addition to the poll above and this recent other poll which can be found here, consider this testimony. [via Digital Majority]

"What's all the more infuriating about the current patent situation is that many of today's patents go against the original social contract surrounding patents. The original goal of the patent system was to get inventors to share their innovations for the common good. In return for a limited monopoly, you, Mr. Inventor, share your invention so that We, the public, can understand how you did it and can then innovate on top of it. Rather than stifling innovation, patents were supposed to drive it forward.

Unfortunately, many patents, even the ones that are legit, would have been created independently anyway. It's obviously a balance, but at least in the world I live in, I see patents getting in the way rather than helping me. I have never gone and looked at old patents to get new ideas for products. The only time an independent patent, one that I'm not working on filing myself, comes to my attention, it's because somebody is getting sued for infringing it. This tells me that we have lost the original goal that patents were supposed to foster.


Embargo on Patent Trolls



Lawyers are waking up to realise that the poor reputation of software patents is damaging and they respond accordingly. [via Groklaw]

The debate over patent trolls is dividing the IP bar.

In one of the most overt examples of choosing sides, litigation firm Howrey provocatively proclaims in a new brochure for clients that it absolutely won't represent trolls -- and criticizes firms that do.

"As a firm policy, Howrey does not litigate for 'patent trolls,'" the page blares underneath a picture of a crossed-out cartoon troll. "Why support firms that are helping perpetuate this scourge on legitimate businesses everywhere?"


Sadly, there will always be some scummy lawyers around (howdy, Ray Niro [1, 2, 3, 4, 5, 6, 7, 8, 9]), and ones that are willing to ruin the industry for a mere buck.

Recent Techrights' Posts

What LibreOffice and TDF Get Right About Document Formats (and What They Get Wrong)
OOXML is a phantom - it is something nobody implements, not even Microsoft!
Cannot Speak About IBM Wrongdoing or Jobs Being Sent Overseas (Lower Salaries)
IBM has long attacked the media, the whistleblowers, and even online forums
European Patent Office (EPO) Series: The CIA-Funded Centre-Left in Portugal
In the political turmoil which followed the fall of the old regime, the communists seemed to be acquiring a dominant position and there was a very real risk that Portugal could end up aligned with the Eastern Bloc if they were not stopped
Yesterday Afternoon The Register MS Published a Fake Article That Says "AI" 31 Times Because It Got Paid to Do This
What will happen when all those loans for slop (Ponzi scheme) stop and companies' marketing budgets - which include media bribes for hype campaigns - are no more?
Extraordinary General Meeting of Staff Union of the European Patent Office Ahead of Intensifying Strikes
We will, in the meantime, run a series about EPO corruption, which is now connected to corruption in Portugal and to corruption inside the EU
 
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026
European Patent Office (EPO) Series: The Centre-Right "Social Democratic Party" in Portugal
Quite an achievement for a former Maoist radical and aspiring champion of the Portuguese proletariat to be invited to join Goldman Sachs
SLAPP Censorship - Part 102 Out of 200: Maybe One Day Whistleblowers From Brett Wilson LLP Will Tell Us What Really Happened
Maybe one day some former staff of Brett Wilson LLP will also approach us to blow the whistle
Gemini Links 09/06/2026: "The Mist of the Lands Between", Board Game Concept
Links for the day
2026: The Year Slop Companies "Made an Exit" (Threw in the Towel Over to Wall Street)
Remember 2026 as the year two major slop companies (which we won't name) sought an IPO
Links 09/06/2026: NSO Group still cracking, "FOI tribunal throws out £14k costs claim against journalist Barnie Choudhury"
Links for the day
Links 09/06/2026: "Smartphones Broke Dating" and "EU Open Source Strategy"
Links for the day
This Coming Friday
Richard Stallman (RMS)
Several Slopfarms That Target "Linux" Seem to Have Died
Or perished severely
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 08, 2026
IRC logs for Monday, June 08, 2026
Gemini Links 09/06/2026: Tanana River, Cassette Beasts, and Emacs
Links for the day
IBM's Quantum Bubble Already Deflating
Shares down over $55 in a few days
European Patent Office (EPO) Series: The Brotherhood of São Bento
The Palácio São Bento – or São Bento Palace – is the seat of the Portuguese National Assembly in Lisbon
SLAPP Censorship - Part 101 Out of 200: Women Come to Realise They Don't Wish to Participate in Attacking Vulnerable Women
It relates to another topic that we shall be covering in the coming weeks
Links 08/06/2026: Proprietary Loaded With Security Holes, Armenia Defies Russia
Links for the day
Gemini Links 08/06/2026: NetHack 5.0.0 and Slop as Cannibalism
Links for the day
Links 08/06/2026: "Rising Emissions, Depleting Water" Due to the Pyramid Scheme of Slop; "Canada Needs to Rebuild Public Telecoms"
Links for the day
Brett Wilson LLP Reported to Police for Trying to Throw Large Parcel Into Our Home
This morning the campaign of intimidation...
GAFAM Bots Are Not "Good Bots"
There's nothing "Good" about Google
Links 08/06/2026: Criticism of Microsoft Trying to Criminalise Pointing Out Bug Doors, TikTok Now "Climate-Denying Social Media App"
Links for the day
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
The Cyber Show Has "Exciting Guests Coming" and a Gemini Capsule
"Site development is ongoing but now settling into a more stable form"
GNU/Linux Measured at 10% in Liechtenstein This Month
it seems like statCounter wrongly classified some GNU/Linux clients as Mac clients and is now issuing a correction
Communicating With Freedom - Part III - Quibble Envisioned as a New and Easily Accessible Communications Platform Based on LibreJS
the FSF really needs to become more active if not proactive in promoting those sorts of things
Clownflare Says Majority of Web Traffic is Now Bots, But the Net is Another Story
Bots are to Clownflare what lawsuits are to lawyers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 07, 2026
IRC logs for Sunday, June 07, 2026
The Strikes at the European Patent Office Planned to Carry on for the Entire Year, Maybe Future Years as Well
There's a cautionary tale somewhere
Number of Patent Grants Has Plunged 23% Amid Strikes at the European Patent Office, Today There Are More Strikes (Strike Participation at Over 3,000, More Than Doubled Since Winter)
There is a growing crisis at the European Patent Office
E.E.E. Still Ongoing, the War on Copyleft/GPL Enables That
It also imperils security.