Bonum Certa Men Certa

Patents Roundup: High Court Imposes a USPTO on the UK-IPO, INNOVA~1 Goes Backwards

GNOME trashCourtesy of the chaps at Digital Majority there are some interesting updates on the patent situation. In short, it remains a load of rubbish.

United Kingdom



Shortly after discussing Microsoft's possible (although very indirect) role in interfering with UK law on software patents comes this:

U.K. patent office ordered to accept software patent



A U.K. appeals court decision is causing confusion over longstanding European regulations that generally forbid granting a patent for a computer program.


This is covered here as well.

High Court says UK-IPO was wrong to reject software-related patent



The patentability of software is a controversial area of UK intellectual property law. The question seemed to be settled in a decision by the Court of Appeal in 2006 which outlined how courts should determine whether an invention consists purely of software, and therefore should not be awarded a patent.

That ruling took in two cases, one involving a company called Aerotel and another involving inventor Neal Macrossan.


Sun Con-Con-Patent



Remember the thoughts and insights from Scott Mace? It seems like Simon Phipps kept his promise and a clarification has been put in MySQL's retired page, which used to protest against software patents. It doesn't look too exciting and it's hardly even a protest.

The MySQL patent program is in the process of being integrated into the Sun patent program. In general, Sun uses its patent portfolio to defend communities and indemnify customers. Check back here for further updates.

In the meantime, check out the blogs of Sun's CEO, Jonathan Schwartz, and CTO, Greg Papadapoulos, for Sun's view on software patents.


It's a tad disappointing, overall.

The SCOs of the Patents World



SCO did not engage in confrontations over patents, but similar types of patterns cab be seen in this latest patent harassment, which targets the 'small guy', the scapegoat and the scarecrow.

I wouldn't want to be accused of being anti-IBM but the news that online fruit store Harry & David (H & D) was suing IBM is very worrying. The case concerns patents that IBM did not own, which Harry & David bough as part of IBM's WebSphere/NetCommerce retail software. H & D alleges that it had to buy a licence from EPOS maker NCR to cover these patent. It is also saying it paid Charles E Hill Associates for patent infringements relating to the IBM software. Whatever the outcome of the case, this looks like a patent mess. First, IBM should not have sold software containing patents that it had not already licensed or owned. Second,

Why did NCR and Charles E Hill Associates go after the customer? Surely if it was IBM's software that had infringed their patents then they would have a legitimate claim against IBM. Ah, but IBM would be a hard target given how SCO's patent case against IBM/Novell and the Linux community has played out. Like SCO, these companies have gone after the soft target: the end user business that bought IBM's software, I presume, in good faith.


The Land of No Winners



A state of patents is a state where 'innovation' is self limiting. Imagination is restricted by law and this article from Forbes seems to confirm that the system totally lost sight of its goals.

Software patents, in particular, are performing even worse today. People thought that once the [U.S. Patent and Trademark Office] gained experience in these evaluating patents, then the quality would get better ... and the amount of [related] litigation would go down. It hasn't. We have no opinion on whether USP Office is doing better or worse, but we know for sure that the amount of software litigation has grown over time. The odds that a software patent will be litigated in the first four years of its life have gone up too.


Lastly, to paraphrase the guys from Digital Majority, "is this innovation"?

Qualcomm Chip Ban to Stand



Broadcom Corp said on Wednesday a U.S. appeals court let stand a lower court order barring wireless chip maker Qualcomm Inc from selling chips that infringe on three of its patents.


If embargoes are a sign of innovation, then there must also be human life on Mars. Poor Qualcomm [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20].

Recent Techrights' Posts

The Fall of the Open Source Initiative (OSI): An Introduction
In a nutshell: there's a massive conflict inside the OSI and the OSI stooges (staff serving Big Sponsors like Microsoft) try to hide it
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
Social Control Media as a Rapid Race to the Bottom - Part I - That Sinking Feeling
When you realise you made an error and things you adopted more than 15 years ago became utterly bad
Microsoft's Entryism as Mortal Risk/Danger: The Example of the Open Source Initiative (OSI)
Microsoft is a cult
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
 
Microsoft Collapses While GNU/Linux Rises in Bulgaria, According to statCounter
Microsoft is losing across all sectors
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025