Bonum Certa Men Certa

Patents Roundup: Software Patents Seen as Harmful to Innovation, Tuxera Discussion Continues

Bright idea with clipping path
Lit when software patents are annulled.



Summary: Miscellaneous news and views about software patents

SOME interesting new articles have appeared which can be used as 'ammunition' against the false argument that patents promote innovation. The first one is this:

Yet Another Study Shows That Patents Lead To Sub-Optimal Innovation



[...]

A few months back, two professors, Andrew W. Torrance and Bill Tomlinson, published a paper on a simulation game they ran to test out some of these hypotheses. A bunch of folks submitted this back when it first came out, but I wanted to spend some time looking over the details before writing about it. Basically, Torrance and Tomlinson create a nice simulation system that really does a good job simulating the various models for innovation with patents or in a more collaborative world. And, what they found in the simulation they ran supports what has actually happened in the real world, according to the research we've discussed in the past:
These results indicate that current patent systems (that is, systems combining patent and open source protection for inventions) may generate significantly lower rates of innovation (p<0.05), productivity (p<0.001), and social utility (p<0.002) than does a commons system. This suggests that current patent systems may significantly deter, rather than spur, technological innovation compared to a commons system.
Specifically, the results compared three separate models: one where everything gets patented, one where it's a hybrid model with both patents and a common, and one that was pure commons. The results are pretty striking. In the pure commons (no patents) world, they ended up with more innovation, significantly greater productivity and massively more social utility.


Timothy B. Lee, a longtime critic of the patent system, also wrote the following essay:

The Case against Literary (and Software) Patents



[...]

Imagine the outcry if the courts were to legalize patents on English prose. Suddenly, you could get a "literary patent" on novels employing a particular kind of plot twist, on news stories using a particular interview technique, or on legal briefs using a particular style of argumentation. Publishing books, papers, or articles would expose authors to potential liability for patent infringement. To protect themselves, writers would be forced to send their work to a patent lawyer before publication and to re-write passages found to be infringing a literary patent.

[...]

The patent at issue in Bilski is not a software patent; it is a "business method" patent that claims a strategy for hedging against financial risk. But the case is being closely watched for its effects on the software patent issue. Patented business methods are often implemented in software; for example, a key decision on the patentability of software, State Street Bank v. Signature Financial Group, involved a software-implemented business method. And the standard articulated by the Federal Circuit in Bilski, known as the "machine-or-transformation test" has been used by the Patent Office in recent months to invalidate several software patents. The Supreme Court could ratify the Federal Circuit's mildly restrictive standard, or it could articulate its own standard that is either more or less restrictive of patents on software.

Reiterating that software cannot be patented would be a dramatic step, but it would be the right one. Supporters of software patents insist that barring software patents would be throwing the baby out with the bathwater. But it's not clear there was a baby in there to begin with. Empirical research suggests that software patents are dramatically less effective at promoting innovation than other categories of patents, producing more litigation and smaller revenues for innovators.


The Inquirer covered this too.

Most software companies infringe patents



[...]

In a report, Cato denizen Timothy Lee compared patents on software and business processes to patents on English prose.

[...]

Since patent protection was first extended to software in the 1980s, it is difficult or impossible to create any significant software without infringing one or more patents. With tens of thousands of new software patents granted every year, and no effective indexing method for software patents, there is no cost-effective way to determine which patents cover any piece of software.


Relating this to Free software and Linux, the latest major issue is to do with Tuxera [1, 2, 3, 4, 5]. One person raises the point that "There are numerous open source file systems available, why do they persist with FAT? it's a horrid file system to begin with."

Another person argues that "It will be interesting to see how MS will be stabbing these guys in the back, as they are wont to do."

Rainer Weikusat writes:

It has the technical advantage of being really simple-minded and that's something many people from the embedded swamp will be happy about, because this means they have some chances of understanding it. At the base of FAT sits a so-called 'ressource-map allocator' which is one of the oldest and most primitive memory management schemes in existence, And who would want to throw all this DOS-code away for as long as there is still somebody willing to buy it again? . After all, products are sold by devising innovative marketing strategies, especially since 'the customer' isn't going to understand anything about them anyway, not the least be- cause technical information is usually shot down by pointing out that anything requiring more thought than 'the cavemen interface' ("point&grunt", term coined by E. Moglen) is just to complicated for the average cavemen (who still spends a sizable amount of his time with roasting raw meat on open fires and trying to make sexually useful contacts while doing so).


In response to this, claims another commenter:

Yes, it appears most technology marketers take Scott Adams' advice and aim their products at the "Stupid Poor" market segment, with a view to eventually following Microsoft's lead and breaking into the "Stupid Rich." What I don't understand is why they get so annoyed when people from the other two market segments try to buy/use their products. Does the 'smart money' have a different exchange rate?


In a more reasonable market, the chosen file system would be something like ext3, which nobody claims (or enforces) patent rights over.

Recent Techrights' Posts

It Has Cost $215,000 in Legal Costs to Sue IBM for Wrongful Termination
IBM typically settles out of court and demands secrecy (to avoid anyone else benefiting from the very expensive outcome)
The PIPs or 'Voluntary Termination Offers' Help IBM Fake Its Situation
"IBM is not a tech company"
General Assembly Covers EPO Strikes on Thursday, September 17th (2026)
The EPO's staff representation at The Hague has asked people to join an upcoming online session about industrial actions
 
LG Lies to Cover Up Lies About Its Spying TVs (It Records and Transmits Conversations in Rooms)
This is what a lot of "modern" technology is like
Oracle's Debt Continues to Soar (Increase of 60 Billion Dollars in 15 Months, Not Counting the Secret Debt, With Off-balance-sheet Debt Having "Grown Roughly Thirtyfold in Four Years")
Oracle debt continues to grow
Apple's iOS and macOS Measured as Bigger Than Windows in the US, Linux-Based OSes at Almost 30%
Expect the silent layoffs at Microsoft to continue at a rapid pace
Oracle, Like Microsoft, Drowns in Debt and Discards Tens of Thousands of Staff (Microsoft Does the Same More Discreetly)
The main difference between Microsoft and Oracle is that the latter is honest about what's going on
Gemini Links 14/09/2026: First Android Phone, Leaving Sony, and Rant About Gemini-to-HTTP Proxy Providers
Links for the day
Links 14/09/2026: "Scam Altman Now Trying to Gain Control of Electric Grid" and Sweden Moving to the Right
Links for the day
Vista 11 Flunked
Microsoft cannot start a "Vista 12" campaign as it would only make matters worse
Microsoft Urgently Needs Distraction: There's No "Next XBox", But There's a New Boot Screen (Like 'Dark Mode', a Feature That Can be Implemented in Mere Minutes/Hours)
Anything to distract from XBox fiasco
IBM Flying Away to Sweatshops (So Will Red Hat)
Even on Sunday people post about 'leaving' IBM
RFID Ambitions Already Established by Widespread Skinnerbox Adoption
A society that cannot maintain privacy for those who deserve it will not manage to assure dignity of citizens
SLAPP Censorship - Part 183 Out of 200: What Actually Happened Two Months Ago (Based on People Who Attended)
It's dangerous to assert what happened in a hearing you did not attend (there was no video stream or recording, either)
Phil Harvey, an Editor-in-Chief in a B2B Site, Explains Why ChannelFutures (Connected to TechTarget) and Other Sites That Used to Cover Linux Deleted Many Articles
Every old article in channelfutures is gone!
Software Freedom Day 2026 is 5 Days From Now, Fresh Reminder to Boycott Proprietary Software
Let this be a timely reminder of why people should avoid proprietary software
Links 14/09/2026: Slop Hardly Used for Actual Work (Chatbots Are for Lonely People), Slop Bots (Scrapers, Plagiarism) "Are Thirsty for Power"
Links for the day
Gemini Links 14/09/2026: Trip, Hiding, and OCR
Links for the day
IBM PIPs Are Layoffs (RAs Come Later Even If You Satisfy the "Performance" and "Plan")
Notice how "the media" almost never mentions silent layoffs, as if just because they're silent, there's nothing to investigate, nothing to see there
Slop Companies Engage in Plagiarising the Web, Now They Pay People to Contaminate the Web With Their Lies
Remember that the lawfare against us is funded by slop salaries!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 13, 2026
IRC logs for Sunday, September 13, 2026
Microsoft is Laying Off All Year Long (It's Just Keeping Quiet About It)
The issue here is also the media. It's complicit.
MElon's Twitter Takeover Was Meant to Amplify People Like Himself or David Heinemeier Hansson (Slop Pyramid Schemes and Bigotry)
Social control media is not neutral
Microsoft Lunduke of 'Linux Sucks' (and Microsoft Corp.) Tries to Replace GNU/Linux With Toxic Discussions About Toxic Politics
Poisoning the well people drink from
Links 13/09/2026: Republican Campaign Aide Uses Nazi Photo and Convicted Felon is Wielding Power to Stifle Speech
Links for the day
Gemini Links 13/09/2026: Never Settling, Plain Text Digital Life, and Newsgroups
Links for the day
SLAPP Censorship - Part 182 Out of 200: UK Dockets With Machine-Generated Applications to the Court (From American Slop Companies)
Earlier this year Garrett was using machine-generated output as legal papers and submissions
Efforts to Cancel Matt Mullenweg Have Made Us More Sympathetic Towards Mullenweg and More Sceptical of the People Who Run Automattic (Named After Mullenweg)
Mullenweg, unlike Automattic, is not "in it for the money"
Boosters of Omarchy Are No 'Underdogs'
There are many Arch derivatives that do not rely on "viral" marketing in MElon's child porn-pushing social control media and are instead relying on real development, not slop
PIPs Are a Setup: They Set Workers Up to Fail While Working Their Arse Off Before Getting Kicked (Out) in the Arse
Malicious and exploitative
SLAPP Censorship - Part 181 Out of 200: This is Really More Like Brett Wilson LLP v Schestowitz (Using Money From American Slop Companies, Plagiarism Pushers)
We approach the parts where we explain that the Application to the Court with Garrett's name on it was instead complaining about fair criticism of the combative law firm (irrelevant to any injunctions) as if it was impermissible to explain what it had done - and still does - to my wife and I
It Sometimes Feels Like Slop Companies Are Committing Online/Digital Crimes
"GPT" out of control
Gemini Links 13/09/2026: Why Omarchy is "Plain Disgusting" and "AI Slop" and Why "Plain Text To Do List" Rocks
Links for the day
Links 13/09/2026: Scam Altman Admits Issues (Financial), Rival Says Stop Slop (Plagiarism)
Links for the day
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026
Televisions Have Become Billboards
Bottom line: you get what you pay for
Mass Layoffs at Microsoft as "Voluntary Separation Agreement" (or PIP)
the man who kept lying about the layoffs has just left the company
The Cyber Show on Media Clickbait About Slop as 'Existential Threat' and Derek Thompson's Response to That
Ignore the hype, focus on real news
Links 12/09/2026: "Revolt Is Here" Against Slop and "Top Chinese Court" Cracks Down on Slop That's Fake/Misleading
Links for the day
Gemini Links 12/09/2026: Rants About Slop, Switching From QWERTY, and Why TVs Are 'Cheap'
Links for the day
SLAPP Censorship - Part 180 Out of 200: A Third Act, (Mis)Using Your Client's Application to the Court for Your Own Purposes as a Law Firm (Reputation Management and Censorship)
How much can a lawfare firm get away with?
Canonical Has Withdrawn Ubuntu 24.04.5 Installer Due to a Critical Bug Connected to Microsoft-Controlled Restricted Boot and TPM
already breaking systems running GNU/Linux [...] Who asked for TPM in Linux?
SLAPP Censorship - Part 179 Out of 200: Using One's Clients to Save Face at Their Expense
Who's being served really?
Switzerland's Software Freedom/Digital Sovereignty is Improving as People Move to GNU/Linux
Well done to them
Links 12/09/2026: "U.S. Debt Surpasses $40 Trillion" and "Trump Wants to [Illegally] Bribe Voters."
Links for the day
Gemini Links 12/09/2026: Readjusting, Fighting Sleep, and FreeBSD bhyve
Links for the day
Matt Mullenweg Got the 'Linus Treatment' or 'RMS Treatment'
"back, but not in charge any more..."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026