Bonum Certa Men Certa

Guest Post: Watch Out for “Patented API” Traps, by Jose X

The Trap in a Nutshell



A patented API is short-hand for saying that an API (a software interface) is defined to parallel a patent so that using the API to build applications creates patented material unavoidably.



This is a trap API. Use it, and infringe.

The story:

Q: Can I "work around" the patent? Q: Can I re-implement the API libraries so as not to have to redesign and recode all apps? Q: Can I map or translate the app automatically into something safe?

A: In general, no, you can't, if the trap is a good one.

This covers the trap in a nutshell.

[The disclaimer: I am not a lawyer, and I have never written a patent application. But.. I do know how software works, and I have developed more than just half a clue about how patents work (in the US).]

Further Basic Discussion



For those that want a little more explanation, we have this link.

..as well as a hypothetical "Tetris" Patent Trap example.

Visual Basic function



"Tetris" Patent Trap



Patent Tetris Patent CoolDraw API Tetris API CoolDraw

We have two patents and two API. One patent and one API are high-level (Tetris). The other patent and API are low-level (CoolDraw). The high-level patent and high-level API are designed together as a trap as mentioned above. Ditto for the low level ones.

Let's look at a few more details on the patents and on the APIs. Then, we'll cover the four main scenarios. Do note the interplay of high-level with low-level. When the levels are the same (and matching), we have stepped onto the trap.

-- Patent Tetris: patents any tetris like game.

-- Patent CoolDraw: patents a cool way to draw on the screen from computer memory.

-- API Tetris: a createTetris function produces a tetris game when you input things like block size, colors, number of rows, time, etc.

-- API CoolDraw: a doCoolDraw function uses a cool algorithm to move values onto the screen.

Case 1: -- Patent Tetris -- API Tetris.

In this scenario, if we use API Tetris within our app so that a tetris game is created, we violate Patent Tetris, guaranteed.

Case 2: -- Patent Tetris -- API CoolDraw.

In this scenario, if we use API CoolDraw within our app so that we draw to the screen, we do not violate Patent Tetris unless we write a lot more code so as to create our own tetris game. It would take many lines of code to violate Patent Tetris.

Case 3: -- Patent CoolDraw -- API Tetris.

In this scenario, if we use API Tetris within our app so that a tetris game is created, we may violate Patent CoolDraw ..or not. It depends on how API Tetris was implemented. Does createTetris write to the screen the way described by Patent CoolDraw?

Case 4: -- Patent CoolDraw -- API CoolDraw.

In this scenario, if we use API CoolDraw within our app so that we draw to the screen, we violate Patent CoolDraw, guaranteed.

Quick Analysis

Case 1 (and Case 4) patent and API are at the same level (and matching). This is a trap. To avoid infringement, you have to redesign and re-code the application using a different API.

Case 2 is the case when people consider "working around" the patent. It's an odd event. You have to write many lines of code in order to possibly be infringing. If you are, you then try to code around it, perhaps by building something a little different than tetris. [In general, avoid infringement by make sure some of the properties of the patent claim are not met.]

Case 3 is the case where if a violation were to exist in the API implementation, you can try to re-implement the libraries and this way avoid re-implementing each and every single app as would be required for Cases 1 and 4.

The reason Case 3 allows you to re-implement the libraries and avoid re-coding up every application is fundamentally because you can re-implement the API but keep fixed the same interfaces and specifications enshrined in the API contract and assumed by the applications. This is not possible in Case 1 and Case 4 because any re-implementation of the same specification, for these cases, will infringe in the same exact way as with the original implementation since it's the specification itself (not any implementation of any part of it) that parallels the patent.

The reason Case 2 does not result in automatic infringement as happens with Case 1 and Case 4 is that the API interface and patent requirements don't match. It's that simple. Case 2 is where the application could possibly end up violating if you code enough with that API or with another. The Case 2 patent is high-level while the API is low-level. Case 3 is different in that the patent is low-level while the API is high-level; thus, Case 3 contrasts with Case 2 because in Case 3 the potential violations would not happen within the application (as with Case 2) but rather within the library.

In short, Case 1 and Case 4 are the only cases (of the four) where any API usage, by definition, specifies that the application will acquire all the properties of the matching patent claim. These are the traps.

Random APIs will not shadow any given patent as occurred in Case 1 and in Case 4. Developers normally would not have to worry. They can expect a Case 2 or a Case 3, if anything. However, Case 1 and Case 4 can be designed on purpose when the patent author and API designer are the same entity. Why would this author create this trap for developers? Well...

-- The patent author is determined to file lawsuits as necessary (maybe via proxies) in order to slow down many and/or key competing applications (eg, FOSS applications).

“You can be given a patent license and even GPL code for the core API, but not for the patented API extensions.”If you are using an API designed by such a vendor (regardless of who implemented the libraries), beware. I see lots of redesigning and re-coding in your future, just to get back to the same point (on a per app basis). Remember that the patent might still be in the pipeline, have been sold to a proxy, or have been developed through a partnership under a different company or alias.

The above nutshell and sample analysis omit many details. There are many corner cases and things are not cut and dried. In a second article to follow (possibly), we will look closer into many details of the trap scenario.

Finally, there is a more insidious trap that exists. You can be given a patent license and even GPL code for the core API, but not for the patented API extensions. You may then find that you can create only simple applications safely (with that core API), even if you decide not to use the patented extension API but build your own. This is more insidious because the patent and copyright licenses given for the core API give the illusion of safety (a green light to proliferate), and is insidious and dangerous all the more so since you might purposely avoid the patented extensions. The trap happens if you use the "safe" core with any extension whatsoever (since the extended patented properties can be very general in nature). The details of this extended insidious trap may form the subject of a third article later on. It's also described further here.

Comments

Recent Techrights' Posts

Video: The Rise of GNU/Linux and Free Software as Seen by RMS in 2004
DTP's founder argued that when Windows goes below 85% "market share", it'll lose its grip in the monopoly sense
When (Almost) One-Man Operations Are Disguised as Medium-Sized Companies
the CEO hides in the US (hiding from his ex-wives, 4 daughters from those wives, and Sirius staff that he defrauded)
Microsoft Actually in Trouble, Microsofters Unable to Obey Judges' Orders
For the second time in a week, Microsofters are unable to obey orders
Over at Tux Machines...
GNU/Linux news for the past day
Microsoft's Debt Exploded by 15.4 Billion Dollars in the Past 9 Months Alone (Despite All the Layoffs)
As of minutes ago, at 6PM on a Friday, the numbers are made public
 
The Bots Never Sleep: In The Weekends, Slopfarms Dominate Google News, Majority of Entries in Google Are Fake Articles About 'Linux'
Google is fast becoming an ocean of plagiarism; the same goes for Google News, which was supposed to have extra quality control
Russia's Yandex Has Caught Up With Bing in Terms of "Market Share"
Microsoft has been firing loads of Bing workers for over 2 years already
Canada: GNU/Linux Up to Records Highs, Windows Down to Record Lows
Microsoft already announcing some plans to shut down Vista 11
Gemini Links 02/08/2025: Transducers in Typed Racket and American ISPs
Links for the day
Links 02/08/2025: Microsoft Already Kills Vista 11 SE, Smartphone Sales Down, Truth Gets "You're Fired!" in the US
Links for the day
Russia: GNU/Linux Rises to Highest Adoption Level Since Invasion of Ukraine
Moving up in the north
Microsoft's Latest Financial Report: We "Gained" 300 Million Dollars in "Goodwill" and Liabilities Grew by 32 Billion Dollars
Microsoft's debt has reached an all-time high
The Register US = The Register MS
Formerly The Register UK
Weeks After Microsoft Shut Down Its Operations in Pakistan Windows Falls to All-Time Lows
Only less than a month ago it was quietly revealed, based on laid-off staff, that Microsoft shut down in Pakistan
Criminal Behaviour is the Standard Operating Procedure at Microsoft
In the future I'll be able to tell how, when dealing with SLAPPs from Microsofters, their Microsoft services failed me and sometimes even blocked my contacts
GNU/Linux Rises to All-Time Highs in Europe
many people will get fired for buying Microsoft
All-Time Highs for GNU/Linux on the Client Desktop/Laptop, Based on Steam Survey
GNU/Linux rose to 2.89% in Steam
Links 02/08/2025: Blaugust 2025 and "Russia Declares Navalny Memoir ‘Extremist’"
Links for the day
Free Software is Not a Business Model
Go ahead, ask your friend, "how do you plan to monetise your children?"
LLM Slop Harms Real Literature, Real Web Sites, Real Journalism
LLM slop is a parasite and it'll run out of legitimate outputs
Upcoming OSI Scandal Series
The OSI is a rogue actor because it serves Microsoft in exchange for money
Slopwatch: The Issue Persists, But the Consensus in the Media Changes as Google Enrages It With LLM Plagiarism
We've meanwhile assessed the latest output from Linuxiac
IRC Proceedings: Friday, August 01, 2025
IRC logs for Friday, August 01, 2025
Links 02/08/2025: İstanbul Retail Inflation Reaches 42.48%, US FBI Opens Office in New Zealand
Links for the day
Gemini Links 02/08/2025: ZFS, LLM Hype, and Fake Modules
Links for the day
Links 01/08/2025: Health, Conflict, and Attacks on Freedom of the Press
Links for the day
Meeting (Webchat) With Maria Arranz Gomez, Florian Grundies, Jürgen Janda and Konstantinos Kortsaris Confronts EPO Management About Breaking Promises and Crushing Workers
The lack of consistent messages suggests plans other than what's advertised and the lack of consultation (secrecy) likewise
Links 01/08/2025: "The Great British Firewall" and U.S. Army Sponsors Palantir
Links for the day
For Second Day in a Row, Top Story in The Register MS is "Microsoft Says"
The editor in chief exercises control over everybody else
LLMs as Attack Method Against Free Software and Programming
DDoS in "hey hi" (slop) clothing
Stability and Reliability, Backward Compatibility
I don't fancy relying on social control media as "sources"
What "the News" Looks Like in 2025
The "says" (or "sez") phenomenon
History Will Be Distorted, Sometimes Intentionally, Under the Guise of Intelligence (Manipulated/Curated Slop)
Militarised misinformation or military-grade chaff is a national security threat, even domestically
Financial Engineering Companies: A Company Worth 4 Trillion Dollars Would Not Borrow 100+ Billion Dollars at Interest Rates Like Today's
Many headlines perpetuate the lie Microsoft had just 2 waves of layoffs
Microsoft is Googlebombing "Linux" While Paying Former News Sites to Publish SPAM
How much lower will IDG sink?
Google as a 'Bullshit Generator' Disguised as Intelligence
It'll probably cause Google to get sued a lot, both by individuals and companies
As Expected, Google in the UK Now Experiments With Slop Instead of Web Search
At this point more people ought to stop and think: Does Google's search engine deserve trust?
The Data You Don't Give Away is Your Advantage
stop sharing data that does not need to be shared
Being Obedient or Doing the Right Thing
The world always changes for the better because of people who think "Outside the Box", not the cogs
Gemini Links 01/08/2025: Happy Hacking Keyboards and New Gemini Arrivals
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 31, 2025
IRC logs for Thursday, July 31, 2025
Sabotaging Linux on Behalf of Microsoft With UEFI 'Secure' Boot (De Facto Remote 'Kill Switch'), Then Defaming, Stalking and Harassing Critics of 'Secure' Boot for 12 Years, Then SLAPPing Their Spouses and Them
The sorts of stubborn lunatics we've been dealing with
Moving on in Techrights, Geeks Gonna Geek
In the coming weeks we plan to focus (as we explained last week) on patents, GNU/Linux issues, and the occasional philosophical essays
Slopwatch: Google News Has Lost the Plot
Almost the majority of articles returned for "Linux" are fakes
Links 31/07/2025: Australia Restricts YouTube Access, Personal Privacy at Risk
Links for the day
Links 31/07/2025: Spotify Collapses and Spotify Now Forcing Some Users to Undergo Face-Scanning
Links for the day
A Lot of Supposedly "Successful" Businesses Are Just Debt-Racking Vessels Without Any Prospects of Financial Sustainability
The probability of bankruptcy of any business is more than 0%
theregister.com: The Voice of Microsoft US?
It basically sold out
Yes, You Can Love and Adore Things Whilst Also Criticising Them
Is society being divided and groomed/primed to be resistant to constructive criticism?
Links 31/07/2025: War in Ukraine, Security News, and Cyberattacks Against Journalists on the Rise
Links for the day
Gemini Links 31/07/2025: Fake Money and Gemini Diaries
Links for the day
An Illusion and Cult Worship of Magnitude (Ubiquity as "Victory")
GNU has been around for over 40 years and it'll likely continue to exist for another 40 (in some form)
Google: From Pointing to Relevant Sites to Pointing to Social Control Media to Actually Parroting Social Control Media as "Facts"
Google has become a misinformation company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 30, 2025
IRC logs for Wednesday, July 30, 2025