Bonum Certa Men Certa

Amicus Avalanche Opposing Software Patents in the United States (Novell Still Missing)

Avalanche at love land



Summary: Red Hat, the FSF, and the SFLC submit amicus briefs for the Bilski case

NOW there is a real chance of ending software patents. Here is a summary of older Bilski briefs and here is a newer list which can also be found at the ABA Web site.



Bilski v. Kappos, Under Sec’y of Commerce for Intellectual Prop. and Dir., Patent and Trademark Office, Docket No. 08-964


So who are the latest filers to oppose software patents? Not Novell of course; Novell is busy applying for more software patents [1, 2]. Red Hat, on the other hand, wants to put an end to this practice, so let's start with the amicus brief from them.

Red Hat



The most major submission in terms of impact was the one from Red Hat. The company advanced it with a press release, which was followed by coverage from Brian Proffitt (Linux Foundation) and a variety of other Web sites.

David Neal writes in The Inquirer:

Red Hat argues that "patent trolls" have exploited the current legal system, and are developing lawsuits that make the most of the confusion surrounding the hundreds of thousands of patents that "cover abstract technology in vague and difficult-to-interpret terms".


Here is the perspective of Red Hat's CEO:

What if you could develop software without risking a patent infringement lawsuit?

What if open source innovation was unencumbered by lurking patent trolls?

What if there were no software patents?

The United States Supreme Court will be reviewing the Bilski case in the coming weeks. The Court’s decision in this case could help move some of these “what ifs” closer to reality.


IDG writes:

Red Hat is adding its say to the Bilski patent case, filing a brief with the U.S. Supreme Court emphasizing practical problems with software patents.

Red Hat argues that the patent system is supposed to foster innovation, but in software it does the opposite, slowing and discouraging innovation. Software products may involve thousands of patentable components, leaving developers to risk defending costly patent infringement claims.


Groklaw has the brief as plain text.

They stand alone alone so far among vendors, willing to stand up and express what the FOSS community would really say if it could speak with one voice to the Supreme Court. This is certainly what *I* would say if I had that chance. And so I am satisfied. I was going down the depressing list of briefs filed for Petitioner on the ABA's list of filed amicus briefs, and it was so frustrating to see no one saying anything like what I believe to be technically true about software patents or addressing the specific needs of Free and Open Source software. At last someone has told them what we wanted to say. I just hope the Supreme Court has some techies in the clerk pool!


SJVN is very supportive of Red Hat's action.

What do Microsoft, Red Hat, and Canonical all have in common? They all dislike software patents. Don't get me wrong. Many companies that are anti-patent also hold and use patents against their enemies. Microsoft is one of those. But, if you get an in-house corporate IP (intellectual property) lawyer from any company in a bar, he or she will tell you that software patents are awful. So, I'm pleased to report that Red Hat, has filed an amicus curiae brief with SCOTUS (Supreme Court of the United States) asking the Court to adopt the Bilski case ruling and explictly extend it so that software can't be patented.


Jason from the Mono-Nono Web site brings attention to the following:

Oh and one section in all caps “AN ABSTRACT IDEA DOES NOT BECOME PATENTABLE MERELY BY IMPLEMENTING IT IN COMPUTER SOFTWARE”.

A further note of interest is the references Red Hat draws upon, including thinkers such as Donald Knuth and Richard M. Stallman.

For a laugh, one might like to contrast the vital effort Red Hat is making here attempting to correct what is almost universally recognized as a broken patent system hindering software innovation and personal freedom with Novell’s press release today, “Got Mono?” where Novell takes another opportunity to hawk Mono and .NET.


The next post will deal with this latest Mono promotion from Novell.

FSF



The Free Software Foundation filed a brief, which is available as text too.

The Free Software Foundation (FSF) today submitted an amicus curiae brief calling on the Supreme Court to affirm that software ideas are not patentable. After outlining the positive impact that the free software movement and the GNU General Public License (GNU GPL) have had on computer use, the brief explains how software patents are an obstacle and a danger to software developers.


SFLC



Even the Software Freedom Law Center submitted a brief, which is further analysed and discussed at Groklaw.

The Software Freedom Law Center has now filed its brief in Bilski. You can read it online here, as well as download it as a PDF or as Postscript. It raises three major points: 1) software is just algorithms for computers in human readable terms, and algorithms are not patentable; 2) excluding software from patentable subject matter encourages innovation in software; and 3) the First Amendment prohibits permitting the patenting of abstract ideas. I think you'll find that last point the most interesting.


It is worth remembering that IBM is not on the good side. ⬆

Comments

Recent Techrights' Posts

Intercontinental Brigading - Part XXXXVI - Attempts to Kill Critics
"Epstein contacted Cambridge academics about research funding"
NVIDIA Down About 30% in 5 Weeks, When Does the Media Call It "Bubble" Rather Than Frame It as Sex Scandal?
they'll find a way to blame "China"
 
IRC is for Communities, Social Control Networks Are for Broligarchs (by Broligarchs)
Unlike Reddit, it's not a company
JavaScript is the Problem, Not the Answer
Making the Web better is about making things better, not slapping more JavaScript 'walls' at it
Intercontinental Brigading - Part XXXXVII - "Making a False Complaint to Police is a Crime." (British Cops Aren't American Mercenaries)
"In the United Kingdom, the Foreign Enlistment Act 1819 and the Foreign Enlistment Act 1870 make it unlawful for British subjects to join the armed forces of any state warring with another state at peace with Britain."
The Label 'Anti-AI'
They make it sound like opposing plagiarism or cheating is an act of intolerance or hatred
Intolerance and Violence
Intolerance in the software world is not a new problem
António Campinos Hiding From Staff Amid Strikes, Won't Participate in Dialogue
They voted to continue striking until Christmas
Silent Layoffs at IBM (Rolling Layoffs), Now Curbs on H1B (Mostly Indian Applicants)
Little will change at IBM except the gravity (global distribution) of its workforce will go east
Links 11/11/2026: Moving from Proton to Posteo and "Floating in Space"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 10, 2026
IRC logs for Tuesday, November 10, 2026
Gemini Links 10/11/2026: Running, Tektronix, and "Smallnet Information Services Zig Port"
Links for the day
Corporations Don't Lose 2 Trillion Dollars in 'Value' Over a 'Dick Story', This is an Overvaluation and Belated Correction
Nvidia is down, down, down again
Links 10/11/2026: "50 Years of Project Censored" and NVIDIA's Collapse Continues
Links for the day
Surreal Times
NVIDIA's shares fell 27% in 5 weeks
Links 10/11/2026: "Jensen Huang Could Face $81 Billion Divorce Bill" and "Nvidia Shareholders sue Jensen Huang"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 09, 2026
IRC logs for Monday, November 09, 2026
Gemini Links 10/11/2026: Open Problem in Computer Science Due to Bloat and "Queueing Nine Hours for an iPhone"
Links for the day
“Losing Huang Would Introduce a Lot of Uncertainty"
Huang won't last much longer
GNU/Linux Rose to 6% as Laptop/Desktop Operating System in Azerbaijan
In the past two weeks the average measure as seen by Clownflare is 5.7%
Intercontinental Brigading - Part XXXXV - The Brand (and Reputation)
"Russell Brand sentenced to 10 years and six months for rape and sexual assault"
Microsoft Will Pay $11,742 USD for Workers to Leave
11 lakh Indian Rupees
Since Records Began 18 Months Ago, statCounter Saw Chatbot Usage Falling Sharply
Chatbots are not becoming more popular and the commercial world is having second thoughts
Losing Their 'Faith' in Slop
Are leather jackets becoming a "signal" of "cheating on the wife"?
Protestants at the EPO Fight On, Rising in Opposition to and Against Corruption, Also Against GAFAM
Don't say we didn't warn you...
Boosters of Non-reciprocal Licensing Are Just Trying to Cancel Richard Stallman (RMS) and His Baby, GNU
If only they liked freedom as much as they love Microsoft (or Microsoft's GitHub, which is proprietary and unsafe)
Gemini Links 09/11/2026: Zephyr, Wireless Planet, and Old E-mail
Links for the day
IBM: From Illegal NDAs to Illegal Secret Settlements (Money in Exchange for Promise Not to Sue)
Insiders also explain why RAs may come weeks from now [...] IBM has marked 40,000 workers it wishes to get rid of
When Some Footage Causes Your 'Company' to Lose Almost Half a Trillion Dollars in 'Value' in a Few Minutes Your Company is Fictionally Valued
stock slips 8% because the CEO cheats on the wife
Links 09/11/2026: 'Humanitarian' Putin Knocks 600,000 Civilians Off the Grid, Eminem’s Publisher Sues Suno
Links for the day
Like Crooked Politicians, The Register MS is Selling "Dinners" (Access, Sponsors)
Talk about "hey hi".
The Register MS is Not Objective Regarding "AI", It's Paid by Pushers of the Pyramid Scheme (including Nvidia)
Some time soon we'll name some companies that pay millions to The Register MS in order to cement their role in the house of cards (while it lasts)
GAFAM Moribund
A lot of what we say about Microsoft in respect to debt is equally applicable to the rest of GAFAM
NVIDIA as a Scam Company Run by Scammers Who Fake Demand for Their Waste of Energy (Subsidising GPU Sales for Use Cases That Don't Exist)
First they targeted gamers, then fake 'currencies' (which turned out to be a bust), now it's slop (obfuscation of plagiarism using brute force and fusion) [...] We're quite glad that Huang publicly broadcasts how untrustworthy he is
Links 09/11/2026: Nvidia CEO Jensen Huang Cheats on Wife With A Suspected Chinese Spy, "400,000 Russians Killed in Battle Since 2022 Invasion"
Links for the day
Zero Tolerance for Slop
very few sites that dabbled in slop ended up well off (for it)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 08, 2026
IRC logs for Sunday, November 08, 2026
Gemini Links 09/11/2026: "The Blue Wave Won't Save Us" and "Discoverability Is Only Solved If You Can Be Discovered"
Links for the day