Bonum Certa Men Certa

Software Patents and FOSS Revisited

ERROR #000000F6: incompatible with freedom

Michael TiemannThe cost of Free software may still depend on the ability to keep software patents away. But companies such as Sun Microsystems cannot resist talking about software patents, having been granted quite a few of them. It's a case of obligation to their investors. or so they would openly argue and have you believe.

We recently mentioned Simon Phipps' powwow with Michael Tiemann about software patents and Open Source. Don Marti summarises:

Simon Phipps proposes a hard problem: expanding the definition of 'open source' to include patents.

The easy part is dealing with any patents that are actually licensable by the person or company who is licensing the code. To get to a new "definition" you could say that copyright licenses that don't also grant a patent license must be accompanied by a patent license grant.


The correspondence there mentioned the term "patents" very loosely. A couple of days ago we were reminded by a reader that it is crucial to make the clear distinction between patents and software patents. To quote:




"...could you correct the reference to 'patents' to say instead 'software patents' in the cases where it fits?

That is of utmost importance and I wish we could get Slashdot to tag its articles accordingly as well.

People have been trained for decades to get the warm and fuzzies for 'patents' which are touted as the ultimate metric for productivity in the private sector. Going against 'patents' has that barrier to overcome.

However, as we all know everything, even the rules of economy and physics, are completely different ;) for software.

So headway can be made iff (if and only if) the debate is properly framed. That requires that new concepts be given new names."




To get an idea of how software patents are treated around the world, consider this new comprehensive text. To get an idea of the harms, just watch the news. On the face of it, a new AJAX patent threat is looming and it could affect the entire Web, regardless of whether you're a programmer of not. We gave recent examples of this, showing that everyone would suffer from software patents and be sensitive to lawsuits.

In supporting documentation it is claimed that pretty much the whole of the web uses this method to operate AJAX-based applications. Google, Yahoo, Microsoft, Apple and eBay are identified as among those whose products "potentially" infringe on the patent.


The software patent problem is further complicated by scale, as demonstrated in this short article from CNET.

Under the law, the public is deemed to have constructive notice that something is patented if that something has a patent number on it. The idea behind the law apparently is that if one sees a patent number, one has the ability to look that patent up, read it, and maybe even understand what it says. For the corrugated sleeve, it was simple enough for me--albeit a little geeky--to take a look at the '473 patent and understand how the sleeve works to make the heat from my latte more bearable.

But many times, the patents behind products marked with patent numbers are not as easily understandable. For example, the notice on Adobe Reader v. 8.1.2 lists over 60 different patents. I'm pretty sure that most of those patents are far more complex than the '473 patent. But, assuming the numbers are properly listed, the law says that I and the rest of the public are on notice of whatever it is those patents cover.


Breadth and scale aside, trolling is probably the most severe problem. Remember the patent troll Acacia [1, 2, 3, 4, 5, 6, 7, 8, 9]? It's keeping very busy, having just made some more money yesterday (probably after threats of litigation).

Diagnostic Systems Corp., a subsidiary of Acacia Research Corp. (NASDAQ: ACTG), has entered into a license agreement with SAS Institute Inc. covering a portfolio of patents that apply to rule-based monitoring.

The subsidiary has also entered into a license agreement with BMC Software Inc. (NYSE: BMC), covering a portfolio of patents that apply to rule-based monitoring. This resolves a dispute that was pending in the District Court for the Central District of California.


GNOME WMVThe patent number is not listed, but go ahead and figure what "rule-based monitoring" actually means. Watch what Bill Gates said before Microsoft became a monopolist (and claimed that Linux, its #1 threat, infringes on its software patents):

“If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today... some large company will patent some obvious thing... take as much of our profits as they want.”

--Bill Gates

Recent Techrights' Posts

Banning Things Versus Teaching People the Reason/s to Shun/Boycott Those Things
Prohibition has its limits
 
Links 07/06/2026: Java Needs Seawall, Egypt Blasted for Arbitrary Detention of Activists
Links for the day
SLAPP Censorship - Part 100 Out of 200: Interlude and Outline of the First Half, 3+ Months That Got Us Death Threats Connected to Brett Wilson LLP (and Cyber Attacks That Are Difficult to Attribute)
This week we plan to have a good time
Links 07/06/2026: NASA's Mars Maven Declared Dead, Telegram Founder Pavel Durov Bemoans Russia's Crackdown
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 06, 2026
IRC logs for Saturday, June 06, 2026
Gemini Links 07/06/2026: How to Train Your Dragon (2010) and "Six Days of Play"
Links for the day
Links 06/06/2026: 'Epstein Problem' in Board of Directors of Microsoft, Surveillance Giant Google Under Legal Threats for Online Misuses
Links for the day
Software Freedom Takes a Lot More Than Coding
some of the roles in the Free software community that don't receive (m)any grateful words
Ubuntu is Losing to Other GNU/Linux Distros
"Linux Mint"
Old Articles Explaining That Patents - Especially Software Patents - Are Bad for Innovation
We've omitted more than 50% of the articles we had gathered as candidates for inclusion
European Patent Office (EPO) Crisis: Huge EPO Strikes, Profound Corruption, and Cocaine Use by Managers Tolerated
These strikes won't be ending any time soon
Why GNU and FSF Will Choose AV1 Over AV2 (It's More Widely Supported)
for the foreseeable future they'll stick with AV1
Mass Layoffs (RAs) and PIPs (Excuses to Sack) at IBM: Insiders Tell No Relation to Actual Performance
If many thousands are impacted by this, then certainly it is newsworthy
Links 06/06/2026: LinkedIn Infested With Spies, Ethernet WiFi Router On Pi Pico 2W
Links for the day
25 Years With PalmOS
That my Palm PDA still works in 2026 (not in mint condition but close to that) says a lot about the "build quality" of gadgets 20+ years ago
Why We Dumped Online Shopping (Groceries)
subsidies kept the "online" stuff artificially cheap
Microsoft Fell to All-Time Low in Monaco Last Month
So says statCounter anyway
Lawsuits That Don't Work
Not as expected anyway
SLAPP Censorship - Part 99 Out of 200: Graveley and Garrett Seem to Have Crashed Brett Wilson LLP (Worse Than Taking Russian Oligarchs as SLAPP Clients)
a state of disarray
Microsoft Has Spent Months Preparing Lists of People to Cull in Massive Wave of Layoffs (Allegedly Start of July)
There is some consensus that we're weeks away from mega-layoffs at Microsoft
Gemini Links 06/06/2026: "Competing" With LLMs and "Automation of Any Kind"
Links for the day
Links 06/06/2026: 'Linux' Foundation Openwashing Slop on Microsoft's Payroll, Ukraine Wants Permanent Ceasefire With Russia
Links for the day
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026
Links 05/06/2026: Lawyers in Trouble for Citing Cases That Don't Exist (Slop Too Bad to Justify Costs; Even It It Did Work, It Would Still be Far Too Expensive)
Links for the day
Gemini Links 05/06/2026: Bears in the Streets, WWII Revisionism, and Westworld
Links for the day
IBM is "Making an Exit". Only the Executives Will Get Rich.
failure disguised as success
Microsoft's LinkedIn Called "Dying Platform" by One Who Worked There
The co-founder of LinkedIn has just stepped down too
GAFAM (Google, Amazon, Facebook, Apple, Microsoft) Layoffs Are Due to Surging Debt, or About 120 Billion Dollars Borrowed in One Year Alone
It's well above 150 billion dollars if one adds Oracle
2026 is the Year of Blockchains, Says IBM's CEO a Decade Ago?
"falling upwards"
After One Jeffrey Epstein Associate 'Leaves' Microsoft's Board Another Jeffrey Epstein Associate Steps Down, Workers Concerned About the Mass Layoffs
How many more loans can Microsoft receive? Those loans are becoming increasingly risky.
IBM Exploits Overambitious, Hungry Young Men to Help the "Great Quantum Hype Campaign" (Pumping the Stock Based on Deliberate Misinformation or Outright Disinformation)
The boot-licking campaign is live...
What Will Likely Happen When the Slop Bubble Pops (and When It'll be Widely Accepted That It Popped)
all the "most successful" slop companies are so deep in debt
The Register MS is Part of the Problem, It's Publishing "AI" SPAM Because it's Paid by Chinese Military-Connected Firms
Given that The Register MS is run by a Microsofter (since last summer), destruction seems inevitable
Most Coders Used to be Women, Not Men (and Men Who Dropped Out of College Now Plunder Everything They Can)
"Ethics For Hackers"
IBM's CEO Does Not Use GNU/Linux, So Why Did He Suggest Buying Red Hat Only to Lay Off Its Workers, Market Slop Instead of Linux, and Sack UNIX Professionals?
Shortly after IBM had bought Red Hat and there were mass layoffs we pointed out that Red Hat's CEO was not using GNU/Linux
If You're Not Focusing on Software Freedom, All You'll Get is Slopware and Buzzwords
If you're not focusing on attaining Software Freedom (and remember "Linux" is just a brand), then you're losing sight of the goals that actually matter
Red Hat/IBM: Microsoft is Our Partner of the Year
Red Hat is a really bad gravy
Gemini Links 05/06/2026: Enshittification of Institutes for Project Management, Codebases Contaminated With Slop, Personal Stories
Links for the day
Communicating With Freedom - Part II - Quibble Breathing New Life Into LibreJS
Notice how work on one thing led to thousands of lines of code added to a mostly dormant (but nevertheless important) project
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
Links 05/06/2026: More GAFAM Layoffs, Google Faces Regulatory Crackdown in UK Over Plagiarism in "AI" Clothing
Links for the day
Rumour That Layoffs at Microsoft Will Kick Off on July 1st, 2026 (Impacting 10,000 or More Workers)
this is what the rumour mill or the word through the grapevine is
Mission:Libre, Which Teaches Young People Free Software Ideals, Needs Financial Backing
plea for assistance with Mission:Libre
The Slop Ponzi Scheme is a Problem and Threat to All of Us (Even Those Who Don't Invest in or Use Slop at All)
This problem is systemic, not contained
"Blind Justice" Examines the Solicitors Regulation Authority (SRA) Turning a Blind Eye to Abuse by British Solicitors
We have some jaw-dropping examples of how the SRA does not do actual regulation - to the point where its staff does not actual work and does not look into any evidence at all!
7 Days From Now the FSF's Founder Gives a Talk in Bern, the FSF Has Just Advertised This
Meanwhile the FSF (or GNU) processes and uploads many recent talks by RMS
European Patent Office (EPO) Series: Down But Not Out – Costa's Comeback
he managed to secure a top-level EU position in June 2024
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 04, 2026
IRC logs for Thursday, June 04, 2026