Bonum Certa Men Certa

Software Patents Roundup: Protests in the EU, OLPC Suffers, Microsoft Seeds More Patent FUD

“Software patents are a huge potential threat to the ability of people to work together on open source. Making it easier for companies and communities that have patents to make those patents available in a common pool for people to use is one way to try to help developers deal with the threat.”

--Linus Torvalds



The protests in Germany may over, but the photos remain and so does some press coverage.

What should be duly noticed is that high-profile representatives of centre-right political parties are openly lobbying against patentability of biotechnological inventions, for example Mr Söder (CSU), Minister for Healthcare & Ecological Affairs of Bavaria. One prominent reason for this surely is of populist nature: There are general elections for the European Parliament and for the German Parliament ("Bundestag") later this year. As utilisation of genetically modified organisms in food chains is hopeless unpopular in Germany and angrily attacked in particular by conservative farmers in Bavaria, there is a big incentive for politicians to go exactly that way as demonstrated yesterday.

[...]

While most of the media coverage was directed to the EP 1651777 B1 patent, FFII had attempted to jump on the bandwagon by joining the rally, pointing towards patents on CIIs or, vulgo software patents. To this end they had invited a well-known heavyweight, namely Mr Richard M. Stallman himself.


Spiegel concentrated only on the Greenpeace side of these protests, but Georg Greve, who comes from Germany, keeps pressing hard on WIPO in his latest good essay.

The disconnect between what Member States preach at WIPO and what they practice at home can to some extent be traced back to tactical considerations, but not be explained by tactics alone. There is an obvious disconnect within governmental departments, and a lack of engagement from industry, in particular, which has not briefed its government sufficiently on the benefits that local industry of developed countries can reap from a WIPO that can offer the full range of Free Software, Open Standards and Open Innovation Model competency alongside its traditional arsenal of exclusive rights.


Digital Majority has just found this new page from the One Laptop Per Child (OLPC) project. Watch how software patents are hurting even charities (not-for-profits).

rproxy codebase is now a bit dated, and its reliance on the rsync protocol is problematic, as the rsync protocol is encumbered by software patents. To resolve this Rusty Russell has been working on a new implementation based on a rolling CRC algorythm, called crcsync, and there are efforts underway to integrate into the appropriate modules of Apache 2.2.x, as Apache is an excellent and modular http proxy.


This would not be the first time that OLPC gets stung by patents. How does that help the children, literally? It's only taking away from the world's least privileged children. Let's not forget how Microsoft got into this.

Speaking of which, Microsoft's patent propaganda textbooks has reached the hands of a writer from Linux Journal. It must be one among the several complimentary copies sent to FOSS people in advance. Here is how this book review ends:

At times it reads like a combination of Microsoft marketing, and occasionally the evil Microsoft raises its head in the tone, especially in the last chapter. As we have seen with TomTom and the Linux Foundation's suggestions that File Access Table (FAT) be abandoned, Microsoft, despite some of the protestations in this book, is not shy about asserting its patents and other IP. If nothing else, having read this book gives you a slim glimpse into what might be on the near horizon for software development and a nice history of where it has been.


Moving on a bit, the secret ACTA, which includes bits with considerable impact on patent law, gets analysed further over at TechDirt.

This is a key point that plenty of folks have made clear over the years: assuming that every shared file would have been a lost sale is absolutely false. Putting that into the law and suggesting judges use that false concept as a basis for calculating damages is quite troubling. In the meantime, we're still trying to figure out why ACTA is even necessary? And... on top of that, no one has yet explained why industry lobbyists have been integral to the negotiations, but the public and public interest groups are being blocked from any information based on bogus national security claims.


TechDirt had another good post that caught Amazon obtaining a patent on 'reliable ratings'. The description from theodp was short and sweet:

theodp writes "Do bad patents bring bad karma? Less than 24 hours after a hacker identified as 'Weev' claimed he exploited a feature for reporting inappropriate content to wreak havoc on Amazon's product ratings (Amazon blamed a "glitch"), the USPTO issued Amazon.com a patent for the Automatic Identification of Unreliable User Ratings, an 'invention' which - you guessed it - purportedly prevents Amazon's product ratings from being gamed by providing a feature for reporting inappropriate content ('Section 244 also contains a link 254 to a display (not shown) where customer CCC can report that item review 222 contains scandalous or inappropriate material')."


A third relevant post from TechDirt shames the proposition of some automated way for assessing patent applications. It sure sounds like a lot of mumbo jumbo because of the complexity of the task.

[I]t sounds like gibberish trying to sound intelligent. But, back on point, it's hard to see how any "automated" system would actually help in the process of approving patents. Considering how many mistakes are made and bad patents allowed through, I'd worry that automating the process is only likely to create significantly more problems.


Patently-O has just published this essay which challenges the existing attitude towards patent applications, which lowers the barrier to acceptance and makes a mockery of the whole system.

One of the next major legal challenges to patent rights will be against the strong presumption of validity associated with the patent grant. Section 282 of the patent act says only that a patent and its claims "shall be presumed valid." Under longstanding doctrine, this presumption can only be overcome with clear and convincing evidence of invalidity. The challenge to this presumption is most likely on two fronts: (1) expanded post-grant review and (2) court challenges to the weight of the presumption.


Witness the burden incurred due to the presence of patents out there (with or without a lawsuit).

Time Warner Inc's AOL has asked a federal court to rule that it is not infringing patents held by Yahoo Inc.

The request, in the form of a complaint seeking declaratory relief, cites an ongoing intellectual property dispute between Yahoo and Quigo, an online advertising company that AOL acquired for $340 million in 2007.


Sit back and enjoy the patent comedy. Bad things like this can't (and won't) last forever.

Guy Claims His Patent Covers Everyone Making Computers, Cell Phones, Hard Drives, DVD Players, HDTV & MRIs



Joe Mullin has been digging into the saga of Gregory Bender -- a guy no one seems to know anything about, but who just a few weeks ago started suing some big name companies, such as Broadcom, Freescale, AMD and National Semiconductor for patent infringement. A week later, he had also sued IBM, Agilent, Cirrus Logic, Siemens, Nokia, Sony, Motorola, and ST Microelectronics. Apparently that wasn't enough, as a week later, he filed new lawsuits against AT&T, AT&T Mobility, Sony-Ericsson, Panasonic, Samsung, Toshiba, Hitachi, Seagate and Western Digital. At latest count, in the last month or so, he's filed 22 lawsuits against 28 different companies.


Wonderful. Smell the innovation. That's a very large pig at the bottom, in case it's not clear enough. ⬆

EPO sign

Recent Techrights' Posts

Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Slop-Posting is a New Form of S---posting
We recently caught several more "linux" sites (with "linux" in their domain name) turning to slop
 
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026
Gemini Links 30/09/2026: Fish Leather, Slop Formation, and ROOPHLOCH
Links for the day
In a Lot of Europe (or EU) Android (With Linux) is Bigger Than Windows
For example in Greece
EPO Cocainegate: Lots of Money (Over a Million Euros) for Cocaine Addicts, Not for Children With Special Needs
Next month we'll bring out some more Campinos scandals
High Court victory: Nigel Farage is 'the Company's own candidate'
Reprinted with permission from Daniel Pocock
It Took GNOME's Code of Conduct Committee (CoCC) Over 8 Months to Realise CoC Reports Went Into /dev/null/
It would be ironic if the blunder's culprits were punished for it, would it not?
Links 30/09/2026: Microsoft "OpenAI Ignored Employees’ Warnings About Safely" and "Pentagon Personnel Agency Data Breach Impacts 3 Million People"
Links for the day
The Register MS "Events" As Paid Spam That Promotes and Keeps Afloat Hype About Slop
This dreary sort of media reads like a soup of words, i.e. like the thing it is advertising
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026
Black Brit on "Pictures Comparing Me to a Monkey" Because of Brett Wilson LLP Client
"Like Firm, Like Clients..."
President of the EPO Should be Kicked Out, Not Have His Term Terminated in 2028
The President is facing more scandals soon
David Gordon at The Register MS Keeps Feeding the Pyramid Scheme With Fake Articles That Say "AI" Dozens of Times
How can such a publisher still be taken seriously?
The Local Staff Committee The Hague (LSCTH) at the EPO Explains the Working Conditions and Crisis of Plunder (Less for Workers, a Lot More for Dictators Who Refuse to Leave Leadership Roles)
Next week will be epic
EPO Will Stop Working for 10 Days to Protest Against 'Cocaine King' and His Assault on Democracy, Lawfulness, Transfer of Power at EPO
Strikes, work stoppage, all rolled onto one
IBM Brings Avalanche to Red Hat October 1st 2026 (Thursday)
IBM is turning up the heat on staff
Links 29/09/2026: Mass Layoffs at Microsoft and Backlash Over Data Center Policy of Microsoft
Links for the day
Techrights is International
There are many sites that focus on local communities or nations. We're not one of those sites.
5 Years Ago (September 29, 2021) Richard Stallman's Talk in Ukraine Noted
Let's hope the war will end soon
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026