Bonum Certa Men Certa

Patents Roundup: Microsoft, Free Software Innovations and Impending Changes to Patent Law

"If I have seen further it is by standing on the shoulders of giants," Sir Isaac Newton (1642-1727)

Newton's Cradle
Newton's Cradle



Microsoft continues to upset with its infatuation of everything "invention" or "innovation". While Gates and Myhrvold patent everything under the sun (for vanity and profit), other Microsoft employees claim credit for things that have prior art and plenty of foundations upon which to build.

Microsoft boss Don Mattrick still believes he was the very first person to invent controllable 3D human avatars.

"I'm claiming to have invented avatars! I did 4D Sports Boxing! Do you know what 4D Boxing was? Hey, you should be writing this! That was me," Mattrick told Official Xbox Magazine.


By the way, Google is no angel, either.

Google Patents Searching Through Multiple Categories At Once



[...]

What's unclear to me is how anyone "skilled in the art" could consider this a non-obvious solution. This is (and was) the sort of evolutionary improvement that pretty much anyone in the space would have known was coming to search engines.


It wasn't long ago that we wrote about Halliburton and its pursuit for a patent on patent trolling. The Register has a more detailed report on the subject.

Halliburton - the Texas-based company famous for pocketing billions from the war in Iraq - hopes to patent the art of patent trolling.


Innovation in Free Software



Eric Raymond, who has been eerily quiet over the past year, wrote in the OSI blog about open source software and innovation.

There's an argument commonly heard these days that open-source software is all very well for infrastructure or commodity software where the requirements are well-established, but that it can't really innovate. I laugh when I hear this, because I remember when the common wisdom was exactly the opposite -- that we hackers were great for exploratory, cutting-edge stuff but couldn't deliver reliable product.

How quickly people forget. We built the World Wide Web, fer cripessakes! The original browser and the original webservers were built by a hacker at CERN, not in some closed-door corporate shop. Before that, years before we got Linux and our own T-shirts, people who would later identify their own behavior correctly as open-source hacking built the Internet.


It's important to remember that Free software predates proprietary software. It's not a new phenomenon but it's the way things used to before people like Bill Gates stood up and said: "They are the ones who give hobbyists a bad name, and should be kicked out of any club meeting they show up at."

The Patent System Ain't Working



Michael Tiemann

Michael Tiemann of the OSI, citing this writeup, summarises and shares some takeaway points.

Venkatesh Hariharan recently wrote an article titled The practical problem with software patents, a subject near and dear to my heart. He draws on the same research that I have cited in the past, the book "Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk," by Boston University professors, James Bessen & Michael J. Meurer, but I confess that he shows both greater insights and certainly a better sense of humor than I do when I write abou[t] the subject.


Groklaw has meanwhile released the third part of an article about re Bilski.

In my view, the short answer is that Bilski isn't the last or best word, and that in time there will be further refinements. That may be too small a word, actually, but I read Bilski as leaving it to the Supreme Court to do anything new, useful and practical about software patents, if I might coin the phrase, while the US Appeals Court for the Federal Circuit stands on a very old dime in the meanwhile, while attempting to basically make it harder to patent mathematical "fundamental principles." The court doesn't want anyone to patent 1 + 1 = 2, in other words, because the whole world needs to be able to do that. But if you use 1 + 1 = 2 in a process that is patentable because it's tied to a particular machine and/or is transformative, that's fine with them. That's if I understand what the court wrote. Considering that patent lawyers and professors are still struggling with it, I'm guessing I don't yet fully.


Here is some more interesting commentary on the subject on Bilski.

It’s not just the ease of writing programs that guarantees we’ll involved external agents more and more in our lives. It’s also the development of cheap sensors that will become ubiquitous and that will provide raw data for agents to work on. And of course, the availability of Internet access everywhere, all the time, which allows agents to communicate with both the sources of data and the people who want the agents’ output.


Additional new resources (re Bilski and beyond):
A brief explanation of what the free culture movement is and the various factors that led to its fighting to preserve the commons, including corporations and special interests trying to restrict the commons to protect their interests, the development of the open source community, technological developments, such as the Internet and digital copying of media, the developmentof web 2.0 and its philosophies, current state of copyright law and youth culture.


We previously wrote about Rambus in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. It is a perfect example of patent ambush, which got the wrath of the European Commission (the US government seems to have remained indifferent). The impact is massive and the company is now making a move to embargo another company (Nvidia), potentially driving it out of the market (because, to be a tad sarcastic, that's what innovation is all about).

It seems that the negotiations between Rambus and Nvidia over the licence fees for Rambus patents haven't been going too well. Rambus has now filed a complaint against Nvidia at the US International Trade Commission (USITC), asking the USITC to order an import ban for products with Nvidia parts containing memory controllers for SDRAM memory components like DDR, DDR2, DDR3, LPDDR, GDDR, GDDR2 and GDDR3. This probably includes most of Nvidia's graphics chips, mainboard chipsets and notebook chipsets, including those incorporated in the latest Apple notebooks as well as products by Asus, BFG, Biostar, Diablotek, EVGA, Gigabyte, HP, MSI, Palit, Pine and Sparkle, who were all explicitly listed by Rambus.


Europe



Over in Europe, there is a glimmer of hope for the EPO, whose action can save the UK-IPO as well. Glyn Moody wrote about this yesterday.

The UK's Patent Office – which now goes by the awful name of UK Intellectual Property Office, which means it's really the UK Intellectual Monopolies Office – is a curious beast. On the one hand, as its name suggests, it's tied into one of the biggest confidence tricks around, dressing up conceptual mutton as intellectual lamb. On the other, there are odd outbreaks of sanity that suggest someone in there understands some of the deeper issues concerning software patents.

[...]

It's not coincidence that Microsoft still maintains that GNU/Linux infringes on some 200 of its sacred software patents – and yet is strangely coy about naming them, since it doesn't want its bluff called.


Spurred by the EU's response (or lack thereof), here is another little status report about the ACTA, which we mentioned a lot recently [1, 2, 3, 4].

One of the most disgusting displays of an industry crafting laws to benefit their industry in backrooms is the secret negotiations over the ACTA treaty. This is the international agreement on copyright that's basically been written by entertainment industry insiders, and will effectively force governments around the world to change copyright laws in favor of the entertainment industry. Yet, the actual negotiations are being held in secret. When confronted about it, various government negotiators have basically said it has to be secret because that's the way things are done.


Don't forget to tell people about ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. It's about the so-called "copyrights cartel" seeing it as its privilege to take the law into its own hands, backed by corruptible diplomats who harbour secrecy and discourage discussion with the public. These 'elites' want more control and more money. They want to suppress or forbid peer production in an increasingly-digital era. This threatens not only culture, but also the Internet and Free software. The ACTA encompasses many areas.

Comments

Recent Techrights' Posts

What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
Richard Stallman Gives Talk in 20 Hours at Ostschweizer Fachhochschule Campus in Rapperswil-Jona
The talk is in English
 
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva
Hard to Replace 'Human Touch'
The reason many people insist on using GNU
The Slop Companies Gamble at Our Economy's Expense and They Know It's a Losing Bet (So It's a de Facto Robbery)
The crash of this bubble isn't just inevitable, it's already happening and receding sporadically because of false announcements about money that does not actually exist (to "buy time")
Suppressing Speech by Blackmail, the Iran Story
When Debian wanted to stage a seemingly legitimate election it needed to have more than one candidate running; so eventually the female partner of a geek rose to the challenge (had no coding skills at all, no technical history in Debian) and lost to the "incumbent German"
Too Focused on Buzzwords the Media is Paid to Saturate the Collective Mind With
Just because companies do really bad things in the digital realm does not imply "AI" or follow from "AI"
Discrimination and Prejudice Against Female Journalists
we can shame people who attack a reporter on the grounds of gender
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part II - Trying to Put People in Prison for Committing the Act of Journalism
This is abuse of process
Attack on Copyright and Copyleft by Code Conversion Is Nothing New, It Predates Slop (Code Produced by LLMs) by Several Decades
Even back in the 90s many people converted programs from one language to another. That could invalidate copyleft (and copyright), which already existed
Almost a Slopless Weekend for "Linux"
Let's hope slop will come to an end or sites will cease linking to slop
Insiders Explain Why IBM is Dying and the Inherent Culture Problem
There are many ways to shave this IBM cat
Links 08/03/2026: Microsoft Lost $400 Million on "Project Blackbird" and Half the States Sue Over Illegal Tariffs
Links for the day
Links 08/03/2026: Cisco Holes Again and "Blatant Problem With OpenAI That Endangers Kids"
Links for the day
Activism/Journalism in Our Blood
one must fight for one's principles
Gemini Protocol in Its Prime
What's particularly neat about Gemini Protocol is that it's fast and cheap
Microsofters' SLAPP Censorship - Part 6 Out of 200: Intentionally Misnaming Women, People Who Offered to Testify That They Too Had Been Subjected to Similar Abuse
Today it is International Women's Day
Even Fedora Leadership Cannot Figure Out the Microsoft Kill Switch/Back Door, 'Secure' Boot
It does not actually enhance security
Bruce Perens: Richard Stallman "Has Achieved His Goal"
Stallman's next talk is tomorrow
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 07, 2026
IRC logs for Saturday, March 07, 2026
Gemini Links 07/03/2026: Buying Woodland, Indra 1.3.0 Available, and LLM Exhaustion
Links for the day
The Harder They Attempt to Take Down This Site (and Take Away Liberties), the More People Will See This Site
We'll carry on as usual, as from sunlight comes justice
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part I - A Matter of National Security
Those people are Americans who try to advance the interests of American corporations by weaponising courts abroad
Why They Always Try to Shoot the Messenger (When the Message Harms Profits)
A matter of economics
Coinbase - Like Block - is in Huge Trouble, Its Debt Nearly Doubled in Half a Year
The real reason Block is collapsing is its debt
Starting Another New Series This Evening, It's About American Folly
today commences a series long in the making (years)
Nations Stand to Benefit From Gender Equality and Increased Participation by Women
International Women's Rights Day starts in about 6 hours in the UK
Microsoft is Losing It, Now It's Censoring Its Critics and Sceptics
Whether the measurements made by statCounter are accurate or not, the trends (long-term) typically make sense
WIRED (Conde Nast) Reviews Are Paid-for Marketing Spam, They Change Dates on Old 'Articles' to Make Them Look Relevant and New
The Web is fast becoming a burial ground for ads, trash, spam, and slop
Gemini Links 07/03/2026: Humour, Chilling, and Oversized 'Phones'
Links for the day
Cyber|Show by Andy and Helen Recommended by Techrights and Tux Machines
If your time is limited and you look for informative essays and shows (audio)
Links 07/03/2026: CJEU to Finally Examine Behaviour of the Illegal and Unconstitutional Unified Patent Kangaroo Court, Creative Commons (CC) Hosts Open Heritage Statement Event in Amsterdam
Links for the day
Microsoft's Thailand Problem
It's definitely not Windows
New Lows for Microsoft in Micronesia
GNU/Linux has shown some growth there too
Microsofters' SLAPP Censorship - Part 5 Out of 200: Clearly Not a Security Professional/Expert, Only Ever Pretending to be One
"The Claimant says he is “a computer security expert”, but his background and his track record in the education sense (genetics) does not support this assertion."
Links 07/03/2026: Fuel Already Running Low and "Economic Crisis of the Iran War"
Links for the day
The Corporate Media Repeated the Lies Told by Jack Dorsey ("AI" Hype), Now It Does the Same for Larry Ellison
Disregard the hundreds of headlines that say mass layoffs at Oracle are due to "AI" something
The Free Software Community is Gaining Momentum as Its Importance is More Broadly Realised
As long as "trendy" technology goes in a negative direction there will be a growing portion in society looking for alternatives
Spooking or Chasing Away Women (From Computer Science)
The status quo discourages women from even trying to study Computer Science and related disciplines
"IBM Has Changed So Much in the Last Decade to the Point It's Completely Unrecognizable."
IBM is a dying, rotting company with a morbid culture
The Register MS, Sponsored by Communist Party of China (CPC)
What will happen when the bubble crashes the economy?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 06, 2026
IRC logs for Friday, March 06, 2026
Gemini Links 07/03/2026: Coffee Problem, Marchintosh, Learning, and "Selectively Disabling HTTP"
Links for the day