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

Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
XBox Being Discontinued, Some Models of XBox Canceled, Not on Sale Anymore
First some of the largest retailers quit stocking/selling XBox, now a 2TB model is axed
 
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026
Links 26/06/2026: SoftBank Forbids Mentioning That Slop is a Scam, "'We Need Courageous People' to Combat Greed and Corruption"
Links for the day
Gemini Links 26/06/2026: "Negativity of Reddit" and "Moving Blog to Gemini"
Links for the day
Same MIT Site That Fabricated the Fake News for IBM is Still Being Paid to Produce Fake "Reports" That Prop Up a Ponzi Scheme
If this is the media we deserve as a society and believe keeps us informed, then we are all doomed
'Social' Slop: The Social Control Media and Slop Crises Are Converging
Social Control Media and slop may have a shared fate. People will shun them both.
Union Syndicale Fédérale (USF) Speaks Out Against Campinos and Informs the Chairman of the EPO Administrative Council
Does Mr. Kratochvíl pay any attention at all?
'António the Pretender' Campinos is Digging His Own Grave With Grotesque Lobbying Intended to Undermine Democracy in Europe's Second-Largest Institution
One way or another, the EPO will never be the same again
The Principle of "Do No Harm"
"Do No Harm" is a common saying
After Years of Bluewashing People Who Are Still Labelled "Red Hat" Suddenly 'Leave' (Might be PIPs), IBM in "Forever Layoffs" Loop
Remember that Red Hat had mass layoffs this year
Microsoft Staff Bracing for Impact Ahead of "Layoffs Lottery"
some people start to assess who will get culled next
Donald Trump and IBM's CEO: Twins Separated at Birth, Saturating the Media With False Reports About Things That Don't Exist
Every "journalist" that went ahead with this fake news should be sacked on the spot for a rejection of fact-checking
The Register MS Will Become Indistinguishable From Spamfarms at This Current Pace
Follow the money...
Microsoft Layoffs Have Already Begun in Its PR Department
It is called Waggener Edstrom
Techrights Community as Litigants in Person (LIPs)
Unwittingly and due to circumstances we're had to step in to protect women abused by monstrous men who lack empathy
European Patent Office (EPO) Series: Rest and Recuperation on the Adriatic Coast
The EPO President's connections with the Croatian SIPO date back to his days as head of the EU trademark agency EUIPO
Firehose of Spam (Fake News) From The Register MS Today
This is how awful the state of news sites really is
Slopfarms Becoming Scarce and Few (or Inactive)
we'll try to refrain from even giving the remaining slopfarms any visibility
The Register MS Promotes Things That Do Not Exist... for Money
How much more ZTE spam will come out before 5PM?
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026