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

There Are Days or Occasions Where gemini:// Requests Almost Exceed http(s):// and Gemini Protocol Isn't Even 6 Yet
Gemini Protocol turns 6 one month from now
 
Gemini Links 18/05/2025: Five Years on Gemini and Atom Feeds over Gopher
Links for the day
Links 18/05/2025: F.D.A. More Sceptical of COVID-19 Vaccines, UK Charges 3 Iranian Nationals In Alleged Attack Plot Against Journalists
Links for the day
Gemini Links 18/05/2025: "Finally Upgraded" and "Rebooting"
Links for the day
Abundance of Good Code, "Just Like Air."
Richard Stallman's seminal manifesto and foundational (practical) work on GNU gave us a very solid system that facilitates productive work without concerns over spyware
Messages in TheLayoff.com Drowned Out by LLM Slop (Comments Focused on Replying to Bot-Generated Provocation)
apparently shaking hands with nazis isn't as bad as calling your git repository's main branch "master"
The Importance of Full Disclosure and Transparency Online
there will be full transparency, as always
Slopwatch: Slopfarms and Serial Sloppers Still at It
Apparently Google is too understaffed to figure that out
Links 18/05/2025: Decreased Prospects of Science Careers, Disappearance of Journalists
Links for the day
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
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
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
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
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