Bonum Certa Men Certa

Patent Legislation News in Brief

Summary: If a patent reform resolves nothing, is it time to just scrap the whole patent system?

FACING the immortal question, ""should software be patented, or free to the public?" answers depend on one's interests and means of leveraging the law. Microsoft, for example, used to dislike patents when it was small but loved them when it became a monopoliser. The company is still pushing for back door to software patents in Europe, as promoted by Microsoft-hired lobbyists.



Digital Majority has netted new evidence of the push for the Community patent, which is an 'harmonisation'-like back door to ills such as software patents. They are trying similar tricks right here in Pariliament and Heise discusses the 'dispute' over software patents in Europe and in the US.

Over the next few months, significant decisions will be made, both in the US and in Europe, concerning the patentability of software and of business practices, decisions which are already casting shadows. Concluding at the end of April, the Enlarged Board of Appeal at the European Patent Office (EPA) is conducting a consultation about the patentability of computer programs. The board hopes that the consultation will help with the processing of the referral by EPA President Alison Brimelow to clarify open questions concerning the controversial interpretations of the European Patent Convention (EPC). The questions refer to Article 52, which states that "programs for computers as such" are not to be regarded as inventions and are therefore excluded from patentability.


Hearings about the phony patent 'reform' bill (which is a farce) are being scheduled and Wired Magazine writes about the role of large companies, which seem to be gaining the most here (very much as expected in a corporocracy).

High tech and pharmaceutical companies have expressed unusual agreement on a patent reform bill, including on the most contentious issue: how to determine damages for infringement.

A patent revamp passed the U.S. House of Representatives last year but failed in the Senate largely because the tech and drug industries could not agree on whether damages for infringement should be reduced. Current law calls for damages to be the entire market value of the product, tripled in the case of willful infringement.

There appeared to be some agreement on Tuesday that the judge in a patent infringement trial should act as a gatekeeper, instructing juries on what factors to consider in determining damages.


Washington University researchers are meanwhile warning about this system as a whole. They pretty much call for the abolishment of the patent system based on economical grounds.

Patent and copyright law are stifling innovation and threatening the global economy according to two economists at Washington University in St. Louis in a new book, Against Intellectual Monopoly. Professors Michele Boldrin and David K. Levine call for abolishing the current patent and copyright system in order to unleash innovations necessary to reverse the current recession and rescue the economy. The professors discuss their stand against intellectual property protections in a video and news release linked here.


Two more Nobel Laureates have recently advised similarly [1, 2], based on the same rationale.

A renowned columnist, Thomas Friedman, has made interesting suggestions. See the new essay "Change or Die":

If this perception is true and well-founded, then there should be no doubt that the patent system will have to follow somehow in due time.


The patent system to will need to change or face revolt that will weaken it considerably. Trust in it has already eroded and the same goes for ISO.

"Small Software companies cannot afford to go to court or pay damages. Who is this software patent system for?" —Marco Schulze, Nightlabs Gmbh

Recent Techrights' Posts

If You Value Privacy, Follow the Likes of Eben Moglen, Phil Zimmermann, and Richard Stallman, Not Back Doors' Boosters Who Mislabel Themselves as Security Experts
Signal is not really secure
Writer's Block is Not a Problem to Us, Only a Lack of Time
Or timewasting by aggressive militants who try to silence us [...] People who experience writer's block very often find it depressing (it feels unproductive) and sometimes come to the conclusion that perhaps writing isn't for them
March Plans for Techrights
next month we plan to start the series about how the SRA failed
 
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026
[Video] "New RMS [Richard Stallman] Positive Media" Reaches Millions of Viewers This Week
Assuming 5+ million people will watch this on the first week, that's good publicity for the Free software movement
Another Quiet Slop Day Passes By
the number of slopfarms we can locate/track is fast decreasing
Gemini Links 26/02/2026: Sending a Thesis and Lupa/Onion ("Lupa now lists Gemini .onion addresses")
Links for the day
Links 26/02/2026: Bcachefs Man Bonkers, "Seven Journalists Convicted for Taking Photos at Courtroom"
Links for the day
Links 26/02/2026: "Peak Mental Sharpness" and "The Whole Economy Pays the Amazon Tax"
Links for the day
"Community" Site Deleted by Jeffrey Epstein-Connected 'Linux' Foundation Had Interview Where Eben Moglen Spoke of GPLv3 and of DRM, Back Doors Etc.
Deleting what happened or what was said two decades ago
Richard Stallman (Free Software Foundation) and Eben Moglen (Columbia Law School) Explained 25 Years Ago That Proprietary Software (and Proprietary Firmware) Would Lead to Back Doors
a fortnight after the 9/11 terror attacks in the US
Giving to the Community Versus Taking From the Community (or Worse, Attacking the Community)
some people bring no contributions, only harm
LLM Slop Will Try to 'Rewrite' History of UNIX and GNU/Linux
We occasionally see slopfarms spreading misinformation about UNIX, GNU, and Linux
Where Does the Solicitors Regulation Authority (SRA) Stand on Machine-Generated Legal Documents and Copy-pasting One Client's Lawsuit to Start Another (for American Serial Strangler)?
Now that many law firms cheat (copypasta, paper DOoS, LLM slop, breaches of rules, even defaming the other side) the SRA cannot keep up
Of Course Android is Not Free Software
That Android is not about freedom should not be so shocking
Talking About Blackboxes
Having just reposted a couple of articles from Alex Oliva
Microsoft Slop is Already Killing XBox
Microsoft will fail at alleviating such concerns
Two Weeks Have Passed and It Looks Like Conde Nast's Ars Sloppica Sacked "Senior" "AI" "Reporter" Benj Edwards But Did Not Remove All His LLM-Produced 'Articles'
the editorial standards at Conde Nast's Ars Sloppica are a joke
Alex Oliva (GNU Linux-Libre): Stricter is Less Popular
Reprinted with permission from Alex Oliva
Fraud and Crimes at Microsoft
A lot of these American companies simply cheat and even bribe
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 25, 2026
IRC logs for Wednesday, February 25, 2026
FSF's Alex Oliva on Hardware Black Boxes
Reprinted with permission from Alex Oliva
What Microsoft Hides Underneath
In recent years a lot of this shell game was played via "Open" "AI" [sic]
A Lot of Slopfarms Died, Google News Feeds the Few Which Survived and Still Target "Linux"
Many just simply died
Links 25/02/2026: Fifth Year of War in Ukraine, Dihydroxyacetone Man Looking to Start More Wars
Links for the day
Gemini Links 25/02/2026: Retired a Year, Illness, Losing a Lung, and "Back to Gemini"
Links for the day
The Register MS Published a Ponzi Scheme-Boosting Fake Article This Morning. It Mentions "AI" 30 Times.
Will credibility be left after the bubble pops entirely?
They Try to Ruin Linux, Too ("Attestation" in GNU/Linux)
In the context of Web browsers, this isn't unprecedented and we wrote a lot about it
Mozzarella Company: All Our Cheese Comes With Mold Now, But You Can Ask the Seller to Remove the Mold
If you reject and oppose slop, do not download/use Firefox
Stallman Was Right About Back Doors
I had some conversations with Dr. Stallman about security and back doors
Australian Signals Directorate ex-employee sold back doors to Russia
Reprinted with permission from Daniel Pocock
IBM Debt-Loading and Liability (Toxic Asset) Offloading
One can hope that IBM will be subjected to the same attention Kyndryl received, but this boils down to politics
Links 25/02/2026: 'Hybrid Warfare' and "Boycott the State of the Union"
Links for the day
IBM (and Red Hat) Can Disappear in the Coming Years, Along With Kyndryl (Debt Twice as Big as Its 'Worth')
No wonder Red Hat workers tell us they hate IBM
Software Freedom is Science, But It Also Sustains Life
In some sense, Software Freedom can be explained in the context of nourishing people
“Xbox, like a lot of businesses that aren’t the core AI business, is being sunsetted."
There has been a lot of narrative control lately, including at 9PM on a Friday
3,300 Capsules Known to Lupa and Currently Accessible
Gemini Protocol turns 7 this summer
When it Comes to Firmware, the FSF and Its Founder RMS Won the Argument (But Not the Fight, Yet)
The "whataboutism" tactics are physiological manipulation means of discouraging those who move in the correct direction
Austria Tackles Digital Weapon Disguised as "Social" and/or "Media"
Are we seeing the end days of Social Control Media?
Nothing Over the Horizon for XBox
XBox is not even being sold in many places anymore
Solicitors Regulation Authority (SRA) Contradicting Itself: You Can Use Slop to Cheat Clients, But You Can Also Face Disciplinary Actions Over Slop
Where does the SRA stand on the matter?
In Praise of Eben Moglen
Hopefully Professor Moglen will be with us for many decades to come and become an active speaker on issues such as Software Freedom
Sunsetting IBM (for the Benefit of Few Corrupt Officials and Wall Street Speculators)
IBM will not (and cannot) survive for much longer [...] The issue is bad leadership, not any particular nationality/race
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 24, 2026
IRC logs for Tuesday, February 24, 2026
Gemini Links 25/02/2026: Rise of Solar in 2025 and Smallnet Protocols
Links for the day