Bonum Certa Men Certa

Patent System Status in the United States, European Union

Software patent on rise



North America (United States)



THE problems spawned by software patents affect not only Free software developers. They harm developers as a whole, but Free software is subjected to other (mis)treatment because of the way the software is distributed. Red Hat's legal team has just published a post to explain the severity of this issue. [via Digital Majority]



There are now more than 200,000 software patents, and there is no practical way to be sure that a new program does not infringe one or more of them. A patent lawsuit can cost several million dollars in attorneys’ fees. The risk of patent litigation is one that the FOSS community has learned to live with. But it hardly seems likely that the risk is doing anything other than inhibiting software innovation.


This number, two hundred thousand at the least, is exceptionally high. It boils down to a human capacity issue and there is clearly a lot of overlap, i.e. duplicates. It's not only problematic to developers but also to examiners who work at the patent office.

USPTOIs any developer bold enough to internalise all of that reading material and then engage in a task as simple as typing away on a computer keyboard, as opposed to a process more complicated such as designing and manufacturing a machine to perform a particular function? Software is not unsophisticated, but the barriers to entry are very different and the amount of software out there is vast. This imperils studies of prior art and planning of development that's safe from patent violations.

“Software is not unsophisticated, but the barriers to entry are very different and the amount of software out there is vast.”The simplest fact is that barriers in the face of trivial tasks and creations only discourage more such creations. This was not the goal of the patent system, was it? This issue must be faced and recognised. Only then can it be properly addressed.

Microsoft is meanwhile obtaining some very trivial patents in order to brag about numbers (quantity over quality). In reality, the poorer the patent, the easier it is to invalidate, but at the same time, the poorer (broader and more trivial) the patent, the more companies and products it jeopardises. It causes unrest and Amazon's one-click shopping is a good example of this.

The 'bleeping patent', which was previously summarised here, is making its appearance in The Times.

Microsoft patents web moderator robots



[...]

There’s a danger, though, that it could go too far. Who’s to say that an overzealous Microsoft employee might not accidentally on purpose blacklist the names of rivals such as Apple and Linux?

Worse, there are governments around the world that would probably go further still, suppressing dissent not with guns and clubs but by preventing people from even discussing concepts such as “protest” or “freedom”. And that, I’m sure you’ll agree, is a freaking scary idea.


Ethical issues aside, there is little merit to be found in this so-called 'invention'. The PgUp/PgDn patent, which was previously mentioned in [1, 2, 3, 4, 5], raised similar questions.

To show how trivial some of Microsoft's patents can be, here is a slightly older one:

theodp writes "Microsoft was just granted U.S. Patent No. 7,392,326 for Text Entry in an Electronic Device. From the patent: 'the invention may automatically add a 'www.' and a '.com' to the text the user is entering and display this combined text'. To get the point across, Microsoft included an illustration showing the 'invention' in action, transforming 'foo' into 'www.foo.com'. Sure it's not sorcery we're dealing with?"


How about...

  1. Transaction-safe FAT file system


  2. Method of swinging on a swing


This is innovation???

Europe



Alison Brimelow



A few days ago we wrote about the latest important development in Europe -- an appeal regarding software patents. There are already some unhappy people who deserve to be heard.

[T]he questions seem like a school book example of avoiding clarifications by asking the wrong questions. Are the EPO just cowards, creating straw men or obstructing the clarity of law?


This was also covered in the EPO's Web site and in some other patents-focused legal Web sites, whose bias is in their favour (more lawsuits and more patents help lawyers makes a living at developers' expense):



Lastly, here is a quick word about OIN. In response to Roberto's claim (covered some days ago) that “Keith Bergelt [...] won’t collaborate with FFII or similar organizations to fight against software patents in Europe,” PL Hayes wrote:

Then (assuming he is not a patent system economics illiterate) he certainly does not “care about Linux” - and innovation in general - and I assume OIN is some kind of risibly effete poor man’s version of Intellectual Ventures?


Software patents protest against EPO



In a follow-up post from Roberto, more details are given.

Keith says that in OIN’s vision there are “good” patents and “bad” patents, and they won’t take part in the European software patents debate. All in all OIN cares just about Linux, and middleware or application levels are not in OIN’s agenda for the time being. Google is proud to participate in OIN’s mission, as Di Bona made clear through the official google blog, and that is probably good for all (big) Linux end-users.

Will ever OIN go up in the open source software stack?


PL Hayes again replies by saying:

Right… so it’s just a patent pool with a misleadingly grandiose name (Open Invention Network), set up for the benefit of companies using “the Linux operating system or certain Linux-related applications”.

Some of those companies lobbied for codification of the EPO’s software patent granting practices so it’s not surprising OIN won’t take part in the debate and it is clearly no friend of FOSS and innovation in general, contrary to the impression it sometimes gives.


OIN is not the solution. It's not harmful, but it's not the solution.

Recent Techrights' Posts

Microsoft Uses LLM Slop to Defraud (or Rob) Shareholders
Microsoft is basically defrauding its shareholders by LLM slop
The "Davos Effect": Tarnishing the Reputation of Places Not by Overtourism But by Oligarch Infestation
The last Venice needs is an affiliation with Venetian oligarchs
 
Links 01/07/2025: "Independence Day in Taiwan", Bounties on Software Patents
Links for the day
What Happens When Your Law Firm is Preoccupied With Harassing and Trying to Extort a Humble Couple in Manchester, Even on Behalf of Violent Microsoft Staff From Another Continent
It's good to see that law firms which operate in bad faith are perishing
Lawyer X, Law Firm X and Elon Musk's X: scandals linked by Old Xaverian
Reprinted with permission from Daniel Pocock
Gemini Links 01/07/2025: Distraction-Free Writing and Hytale Mismanagement
Links for the day
Links 01/07/2025: "Beauty of Blogging" and "Etiquette of Collapse"
Links for the day
The Web is a Dead End
We need to adopt alternatives
When Words Lose Their Intended Meaning
examples of words that, at least in the technical spheres, don't mean what they sound like
People Who Disagree With You on Technical Matters May or May Not Agree With You on Political Things (But Usually They Do)
What bothers me a great deal is seeing left-leaning people accusing other left-leaning people of being "nazis"
"Too Much Choice" and "Too Many Programming Languages"
What IBM and its apologists aim for was attempted in the 1930s and it failed
Microsoft Lost 400,000,000 Windows Users, According to Microsoft
more people adopt smaller computers and many people replace Windows with GNU/Linux, as they don't really need a new computer
Half a Year Gone, What's to Come Next
In the second half of 2025 we expect to be done with the Microsoft SLAPPs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 30, 2025
IRC logs for Monday, June 30, 2025
People at the Very Top of Microsoft Know How Bad Things Really Are
There's no product that can replace the former profitability of Windows licensing and stuff that went on top of Windows
Gemini Links 01/07/2025: Mid Year and a Tour of Old Languages
Links for the day
EPO Presentation Bemoans Misuse of Slop in Decision-Making on Patents and in Classification (Which is Likely Illegal Too)
We habitually mention failed use cases of LLMs on the Web
Mass Layoffs at Microsoft Confirmed, "XBox Hardware Is Dead"
It's possible that over 20% of the staff will be laid off
Links 30/06/2025: Kyrgyzstan vs Media Freedom, Dalai Lama Succession
Links for the day
Gemini Links 30/06/2025: Backend Programs in Gemini and Dynamic Content Without The Scripting
Links for the day
Links 30/06/2025: Zuckerberg’s Tax-Evading Scheme Harms Kids, US Copyright Office Lacks Leadership
Links for the day
Microsoft Isn't Laying Off Tens of Thousands to 'Invest' in Slop ('Hey Hi'), It's Laying Off Tens of Thousands Because It's Running Out of Money (and Willing Lenders)
the layoffs are a sign of the business failing, not "hey hi" (whatever that is) replacing staff
Intel Lays Off 20% of Its Workforce, Microsoft is Doing the Same This Year
Like a yoyo, whatever goes up will come back down
Microsoft XBox Layoffs: Almost 2,000 Layoffs Became "Over 2,000"? (Over 20% of the Staff)
over 20% of staff will be let go, not counting staff that leaves voluntarily
GNU/Linux Rises to New Highs in Angola, Africa in General is Abandoning Windows
Western media barely covers Microsoft layoffs in Africa, but in recent years Microsoft culled the workforce and even shut down entire operations
Summer Plans in Techrights and Elsewhere
massive layoffs at Microsoft
Destination Geminispace (in the Age of LLM Slop and Slop Images That Infest the Web and Social Control Media)
Geminispace isn't vast, but at least it is - on average - a lot "cleaner"
GNU/Linux Growing in Sierra Leone This Year
Based on what statCounter is seeing, this year there are more and more people there who adopt GNU/Linux
Serial Sloppers Gonna Slop
More sites out there ought to call out the cheaters
Quartz (qz.com) is Spam and a Slopfarm
It used to be OK. Then they fired the staff.
Links 30/06/2025: US Economic Woes, Extreme Heat
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 29, 2025
IRC logs for Sunday, June 29, 2025
Gemini Links 30/06/2025: "The AI Hype" and New AuraGem Ask
Links for the day
Our Desktops Are Not Your Experiments, X is Not an Experiment
Breaking what already worked
Microsoft's Big Lies Regarding This Week's Mass Layoffs Have Already Begun (and They're Already Being Spread by Slopfarms)
Microsoft is the "market leader" in slop
Explaining the Full Story of SLAPPs From Microsoft Staff
For every action there is a reaction, for every attack there will be proportionate consequences
The Openwashing Shills Initiative (OSI) - Part III: IRS and Status of OSI
"They lied to the US IRS and there’s a paper trail"
IBM Red Hat's Dogmatic Fanaticism Under a Thin Veil of "Modernism"
IBM now has the audacity to paint people who don't agree as "nazis"
Microsoft's Share in Guatemala Fell From 97% to 14%
Eventually Microsoft will get stuck in a loop of layoffs, layoffs, and more layoffs
They Made Technology Scary and Taught Us That It's Innocent, Friendly, Even "Social"
Rejection of all this "apps" and "gadgets" and "Smart" (whatever that means!) status quo isn't a rejection of society
The Media is Under Attacks Partly Because There's Little Other (Remaining) Press to Speak in Its Defence
The biggest danger here is that when there's very little press or no "opposition media" left it becomes even easier to crush critics because there aren't many people left to speak about the matter
If Your Web Site is Run by Bots, Eventually Nobody Will 'Read' It Except Bots (People Don't Want to Read Slop)
Eventually people learn from mistakes
Links 29/06/2025: Microsoft Releases False/Fake Benchmarks, "Google Wants You to Watch Ads or Take Surveys to Read Articles"
Links for the day
Links 29/06/2025: Data Breaches and Online Censorship
Links for the day
Gemini Links 29/06/2025: "The Price Of Eggs" and Gemini 3D Tic Tac Toe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 28, 2025
IRC logs for Saturday, June 28, 2025