Bonum Certa Men Certa

Patents Roundup: IBM/Dojo, Patent Punishments, and Europe's Race to Community(-Hostile) Patent

Dojo: Leave IBM Patents Alone



THE other day we wrote about IBM and Dojo, based on what Slashdot had published. It turns out that Slashdot was wrong and the Dojo community actually appreciates rather than worries about what IBM did.

It’s sad that Slashdot hasn’t, for a decade of coverage of IP issues, learned that licensing is harder than the zealots would have you believe and that malice isn’t always the intent of those who participate in communities with a commercial interest.

The good news here, of course, is that IBM is just as generous today toward the OSS and Dojo communities as they were yesterday. We have the legal documents to prove it.


Solutions That Won't Work



Steve Lake makes a proposition which he thinks would solve the conundrum of intellectual monopolies.

Another Simple Way to End the Patent Threat: Monetary Punishment and Rewards



This is a simple, yet novel way to end the patent threat to Linux, FOSS and generally anyone that the big corporations want to destroy or mess with. If you look at the patent fee schedule at the USPTO, you'll see that it's outrageously expensive to file a patent. This isn't a problem for the big guys with the big fat bankrolls, but it's bad for the little guy. For those too lazy to look at the link, the list essentially creates a picture of how badly you get nickeled and dimed to death every time you file a patent.

Interestingly enough, this can be used to the advantage of FOSS and Linux lovers the world over.

[...]

The fine would work something like this. First, the entire fine would be paid to the USPTO upon invalidation of the patent (Total fine should be the cost of the original application +50% extra), of which 5% would go to whoever successfully invalidated the patent, be it an examiner or an individual. In short, if you invalidated a patent that cost a company $100,000 to get approved, the total fine would be $150,000, of which you'd get $7500 for your efforts. (this same fee system could be applied to the first fine as well) Think of it this way, if they start offering bounties like this on invalidated patents, we would see two things. First, we'd see the death of one kind of patent troll, and the rise of another. Namely, a reverse patent troll. And who would these reverse patent trolls be?


There is an assumption here that patent holders deliberately obtain invalid patents, but the matter of fact is that even at Microsoft, employees are actively encouraged not to explore and study prior art, or else the legal consequences would be more severe. In other words, there is a lot of duplication out there because it's actively encouraged, but to fine for the practice would prove difficult, especially when the fined party is small and impoverished. If the patent system was created to incentivise invention and novelty, then it has lost sight of this purpose, but penalties are hardly the answer. Criminalisation rarely solves much, unlike prevention.

Europe Under Patent Siege



Digital Majority has found a couple of articles that serve as an update and warning about the EPO's lip services to Microsoft and its ilk.

From the Financial Times: Reform of Europe's patent system moves a step closer

Changes to Europe's costly and fragmented patent system have edged a step closer after EU industry ministers agreed formally to ask the European Court of Justice for its opinion on a potential overhaul.

Ministers, meeting in Brussels yesterday, said they would consult Europe's top court on the legality under EU law of introducing specialist courts to handle patent disputes along with a so-called "community patent".

The latter - which would be a single intellectual property right that would apply across Europe - has been an elusive goal for decades.


From the Guardian: EU states consult top court on patent litigation

European Union states agreed on Thursday to ask the bloc's top court whether draft plans to cut the cost of defending patents in a new system of courts would be compatible with EU law.


Suddenly they mind EU law?

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway."

--Marshall Phelps, Microsoft



Recent Techrights' Posts

The Week to Come
Planning ahead
LLM Slop Has Only Been a Boon for Misinformation Online
The very same companies that were supposed to maintain quality (again, not limited to Google with PageRank) are now actively participating in generating and spreading slop
When They Tell You It's Free, Does That Mean No Charges (If So, Who's Paying and Why)?
there's "no free lunch"
Pushers of systemd Rewrite History (Richard Stallman Said UNIX "Was Portable and Seemed Fairly Clean")
Unlike systemd
 
Microsoft Turns News Sites Into Spamfarms
Is the site The Register MS the next IDG?
The Register MS/The Register US
On Saturday I contacted them for a comment (before issuing criticism)
Hacking revelations at Vatican Jubilee of Digital Missionaries
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 27, 2025
IRC logs for Sunday, July 27, 2025
We're Going to Focus Less on the Molotov Cocktail-Throwing Microsofters and More on Patents
We can get back to focusing on what we wanted to focus on all along
Just Trying to Keep Web Sites Honest (Journalistic Integrity)
the latest articles in LinuxIac are real
Links 27/07/2025: Political Affairs, Data Breaches, Attacks on Freedom of the Press
Links for the day
Gemini Links 27/07/2025: Hot in Japan and Terminal Escape Codes
Links for the day
Links 27/07/2025: More Microsoft Layoffs Coming, Science and Hardware News
Links for the day
Links 27/07/2025: FSF Hackathon and "Hulk Hogan Was a Very Bad Man"
Links for the day
Gemini Links 27/07/2025: DAW Mixer Chains and Simple Software
Links for the day
The Register MS is Inventing or Giving Air Time to New Conspiracy Theories so as to Distort the Narrative As High-Profile Agencies Fall Prey to Microsoft Holes
But the problem is holes, i.e. Microsoft making bad products; the problem is Microsoft
Most Editors at The Register Are American, Including the Editor in Chief, a Decade-Long Microsoft Stenographer (Writing Prose to Sell Microsoft)
It's not easy to tell where the site is based (we tried) because it's hiding behind ClownFlare and CrimeFlare hasn't been well lately
"New Techrights" Soon Turns 2 (A Few Days Before the FSF Turns 40)
We have a lot more to say about LLM bots
When Silence Says So Much
Garrett, a 'secure' boot pusher, will need to defend himself in the UK High Court
The Register in Trouble
There is not much that can be done at this point
Trajectory of The Register: From News Site/s Into "B2B"... and Into Microsoft Salespeople
Something isn't right at The Register
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 26, 2025
IRC logs for Saturday, July 26, 2025
Misinformation in Social Control Media
Social control media passes around all sorts of tropes
Slopwatch: Fake Linux 'Articles' and Slopfarms With "Linux" in Their Names/Domains
throwing bots at "Linux" to make some fake articles
Links 26/07/2025: Amazon Shutdown in China, Russian Economy Slows
Links for the day
Gemini Links 26/07/2025: History of Time (1988) and Gemini Games
Links for the day
Links 26/07/2025: 50 Percent Tariffs in Amazon, Dying Intel Offloads Network and Edge Group (NEX)
Links for the day
Doing My Share to Tackle Online Slop and SPAM
Trying my best to 'fix' the Web
Blaming Programming Languages for Users' and Developers' Bad Practices
That's like blaming cars for drivers who crash into things
Slopwatch: Fakes, FUD, Duplicates, and Charlatans Galore
The Web as we once know it is collapsing. Some opportunists try to replace it with low-quality slop.
The Register UK Seems to Have Become American and Management is Changing (Microsofter as Editor in Chief)
The Register 'UK' is now controlled by the Directions on Microsoft guy
Many People Still Read Techrights Because It Says the Truth, Produces Evidence, and Does Not Self-Censor
Unlike so many other sites
The Register is Desperate for Money, According to The Register
I decided to check how they're doing as a business
Microsoft Finally Finds a Use Case for Slop?
Create low-quality chaff to shift the media's attention?
Microsoft Windows Lost 400 Million Users in a Few Years, Why Does The Register Double Down on Windows With New US Editor?
days ago they hired a new US editor
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 25, 2025
IRC logs for Friday, July 25, 2025
For Libel Reform One Must First Bring (or Raise) Awareness to the Issues and Their Magnitude
I myself know, from personal experience
Links 26/07/2025: Rationed Meals in the US and TikTok Repels Investments (Too Toxic)
Links for the day
Gemini Links 26/07/2025: "Bloody Google" and New People in Geminispace
Links for the day
Response to Solderpunk (Father of Gemini Protocol) About the Gemini Community
Solderpunk responds to non-sequitur
HTML and the Web Used to be Something a Child Could Learn, "Modern" Web is a Puzzle of Frameworks, Bloat, and Worse
When the Web was more like Gemini Protocol