Bonum Certa Men Certa

Patents Roundup: Threat of Software Patents in Mexico, Sweden; Microsoft Still Fights with (and for) Software Patents

Mexican flag



Summary: A collection of news reports and important observations about patent legislation that affects Free software

WITH patents on stage performance (Michael Jackson), it is clear that the USPTO has gone too far. But it wants to go further. FFII's president says that "Software Patents legislation [is] in preparation in Mexico." NAFTA, anyone? Let's remember that Novell's Miguel de Icaza and his probable idol Bill Gates lobbied for OOXML in Mexico.



Separately, the FFII warns that the Lisbon Treaty [1, 2, 3, 4] which Microsoft lobbies for may be related to ACTA, which is another cornerstone in globalisation that marginalises the majority. There is this ongoing analysis which is still a draft, just like ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14]. But unlike ACTA, it is actually visible.

On Dec. 1, 2009, the European Union Lisbon Treaty will enter into force. (provisional consolidated text) On this page we present a draft analysis of the EU competence to conclude ACTA and other trade agreements.

Generally speaking, the European Parliament's role becomes more important, the member states loose some of their veto power.


André Rebentisch has this update about the ACTA's secrecy.

Let me add that 1st of December Art 15 of the Treaty of the Functioning of the EU is set into force. In my German language “confirmatory application” for an ACTA document access to the European Council I argued recently that this takes effects for the ACTA document access regime as well.


Rebentisch also wrote about Microsoft's patent troll, Intellectual Ventures, which is funded by Bill Gates. Microsoft views patents as the future of software. To quote Nathan Myhrvold, "Intellectual property is the next software."

Microsoft has just patented viral gaming.

The concepts are all based around the current party system, with the most basic simply allowing invited friends to invite their own friends, whether they are known to the original party creator or not.


User-created games are also being patented by Microsoft, as few news sites reveal. Insane software patents know no boundaries.

The authoring features allow users to capture screenshots and video clips, and to use a digital pencil to mark them. It also may allow for audio commentary and tags, and developers can submit their own guides that will take precedence over user-created guides.


Here is the latest about the Alcatel-Lucent case [1, 2, 3]:

A federal appeals court on Monday rejected Microsoft Corp's (MSFT.O) request that it reconsider the way patents are upheld in court cases, as the software maker continues its long legal battle with French telecoms equipment company Alcatel-Lucent (ALUA.PA).

Microsoft, which infringed an Alcatel-Lucent patent, according to a lower court jury last year, asked the appeals court to hear its argument that a patent could be held invalid if evidence is presented in a court case that was not available at the time the patent was granted.


As the i4i case taught [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11], Microsoft does not respect other people's patents. Here is a new update on this case (there are many ongoing cases):

Microsoft's Struggle With i4i Sheds Light On Software Patent Process



[...]

Microsoft's recent trials and tribulations with its Word software patent illustrates the difficulty in granting -- and defending -- software patents. This fall, Microsoft was briefly barred from selling Word because of a dispute over XML code that i4i claimed infringed on one of the Toronto, Ontario-based company's patents. That trial is ongoing. While some observers questioned why Microsoft didn't resolve the dispute early on, others are interested to see how the dispute will play out and how patent rights will be determined.

[...]

The Bilski case could provide the Supreme Court with an opportunity to resolve the ongoing debate over the wisdom of having software patents in the first place. At issue is whether a "process" must be tied to a particular machine or apparatus or transform a particular condition into a different state to be considered as patent-eligible subject matter.


The above speaks of some difficulties associated with software patents enforcement. With Bilski still at the centre of debate, it is bound to get worse. Here is a photo of Mr. Bilski, attached to a new report from the FSF's executive director, Peter Brown.

The Supreme Court recently heard oral arguments in a case that could give the free software community (and software developers everywhere) a huge win in the fight against software patents. Free Software Foundation executive director Peter Brown was on the scene, and reflects on the Bilski case, the oral arguments, and the desperate need for change.


Our reader amd-linux has also informed us of this landmark decision of the British High Court regarding software patents (it's in German).

Fish & Richardson, whom Patent Troll Tracker wrote about a lot [1, 2, 3, 4, 5, 6], will be cashing in again thanks to frivolous patent lawsuits.

This week: DeepNines collected $25 million when it won an infringement suit against anti-virus software giant McAfee Inc. in the Eastern District of Texas two years ago. But after paying off its Fish & Richardson lawyers and outside investors at Altitude Capital Partners, the small network-security company wound up with less than $800,000 of the $25 million. And now DeepNines is being sued by Altitude, which wants millions more than it's already gotten. A revealing look at how a leading player in the lawsuit-investment trade does business.


More announcements and news about patents ought to reveal that there are no jackpots here, unless one is a lawyer.

Recently, a jury in a patent infringement case found for the plaintiff, deciding that all three patents-in-suit were “valid” (actually, “not invalid”) and infringed. A happy plaintiff, right? Wrong! The very next day, the Patent Office Board of Patent Appeals and Interferences (the B.P.A.I.) ruled that the defendant was actually the first to invent the subject matter of the patents and that rights to these inventions, therefore, belonged not to the plaintiff, but to the defendant.


So why did the patent office attribute these "inventions" to the wrong party in the first place? What a failure.

Last but not least, FFII's president warns that the "Swedish Presidency conference [is] about UPLS and software patents via the caselaw of a central patent court next 15 and 16 Dec..."

He also alerts his peers about a piece promoting software patents and, needless to say, it is a self-serving placement.

Since the 1960s I have been a strong advocate of the patenting of inventions implemented in software and in 1968 I received the first US patent for an inventive way of sorting data on a digital computer[1].


A man with software patents is defending software patent? No way! How about an impartial point of view from Patently-O? Vested interests invalidate a point of view, as we last explained a week and a half ago.

Recent Techrights' Posts

Microsofters' SLAPP Censorship - Part 2 Out of 200: Detailed Timeline From 2012 (Attack on Reporters That Question Restricted Boot) to 2024 (Lawsuit Against Reporter and His Wife in Another Continent)
we reproduce a document produced 2 years ago to give people more context and more facts
GNU/Linux in Laptops/Desktops Still Matters, It's Likely the Only Way to Achieve Software Freedom
Software Freedom requires all sorts of things at the "OS level"
 
FSF Promoting Richard M. Stallman (RMS) Talk in Switzerland in Just Over a Day From Now
RMS may have more talks on the way
Why Slop Will Flop - Part IV - We've Seen the End of It
Some years ago they insisted blockchains would revolutionise everything
Android is Proprietary 'Linux' and It Becomes More Malicious Over Time, Google Only Delayed What It Planned All Along
Google is a proprietary software giant, GSoC is only a distraction and confusion
Links 04/03/2026: Scam Altman Causes Chatbot Sub Numbers to Plunge, "Stocks Drop as Inflation Risk Emerges"
Links for the day
Why Slop Will Flop - Part III - Our Relationship With Slop (and Yours)
I never - except inadvertently - "used" an LLM-based chatbot
Why Slop Will Flop - Part II - Devil in the Details
News sites or social control media sites which tolerate slop are digging their own grave
Simpler Means Faster
Do you know your bottlenecks?
Gemini Links 04/03/2026: About a Missing Symbol and "Good Manners"
Links for the day
The Register MS Takes Money From Chinese Surveillance Threat to Promote a Ponzi Scheme
"Sponsored by Huawei."
Nicaragua's GNU/Linux Usage Measured at Over 8% by statCounter
Nicaragua is a poor country, but it also has rich culture
Why Slop Will Flop - Part I - Slop Fatigue Prevalent
See, sooner or later people (audiences of colleagues) find out and as soon as they find out you are slopping, they will lose interest
Links 04/03/2026: "The EU moves to kill infinite scrolling" and a call to "Nationalize Amazon"
Links for the day
Coming Soon: Evidence of Abuse in Our IRC Network
IRC's freedom can sometimes be its 'weakness' if not properly guarded
High GNU/Linux Adoption in Brunei Darussalam
It's worth noting (or at least noticing) that Microsoft loses ground in some of the countries where the government contracts paid the most
Media Blackout Reducing or Preventing Press Coverage of Microsoft Layoffs in 2026
Worse yet, there will be gaslighting and deceit
Gemini Links 04/03/2026: The Garnet Star, The Hunt, The SYN Attacks
Links for the day
The EPO's General Consultative Committee (GCC) Discussion Illuminates How Much Worse Things Have Gotten ("on Strike and Participated in the 'Meeting'")
a videoconference - not a physical meeting - discussed EPO policies
Free Software Foundation Supports Its Founder, Advertises His Talks in Switzerland
When you suppress voices, assuming the reasons for suppression are bunk, it is always bound to backfire very badly
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 03, 2026
IRC logs for Tuesday, March 03, 2026
Over 1,500 EPO Workers Went on Strike Last Week
a new publication which celebrates some accomplishments of industrial actions and calls for further actions
Madame Streisand Wanted to Censor The Web, Instead She 'Created' a New Term, "Streisand Effect"
It is basically an own goal
Solicitors Regulation Authority (SRA) Failed to Detect Fraud in Law Firms... Until It Was Too Late
Earlier today we contacted some more politicians about this and received mail from them as well
Our EPO and IBM Coverage Bears Fruit
In case insiders want to get in touch with us, please ensure or at least try doing so securely
Defending Women Isn't a Crime, Everybody Can Agree on That
Their culture is unlike ours
EPO "Cocaine Communication Manager" - Part VI - Influx of Spaniards and Portuguese Workers (+77%) at Europe's Second-Largest Institution, Led by the 'Alicante Mafia'
There is now data supporting this assertion, new and complete data in fact
Links 03/03/2026: "Scam Altman in Damage Control" and Oil Traffic Disrupted
Links for the day
Gemini Links 03/03/2026: Phones, LLMs, and Changes on the Web
Links for the day
Richard Stallman Confirms Talk in Bern Next Week
Dr. Stallman has just formally confirmed his third talk this month in Switzerland
Nobody is Safe at IBM (or Red Hat)
There is no job security at IBM
GNU/Linux at All-Time High in Guam
there are many computers in that island
Bad faith: Hugo Roy knew FSFE impersonating FSF before French tribunal, colleagues deceived
Reprinted with permission from Daniel Pocock
Microsofters' SLAPP Censorship - Part 1 Out of 200: Claim No. KB-2024-001270 in a Nutshell
abuse of process by a law firm working for an American who was arrested for strangling women and another American whose own spouse calls a "rapist"
When EPO Team Managers (TMs) Are Harassing People Who Strictly Apply the European Patent Convention (EPC) in Patent Examination
There are two strikes planned for this month
Confirmed: Using Slop Gets You Fired
Let the story of Benj Edwards be a cautionary tale
Links 03/03/2026: "No one wants to read your AI slop" and "chatbots in the kill chain"
Links for the day
EPO and "Equivalent to More Than 100 Days of Strike"
The industrial actions continue and already have a positive effect
Streisand Effect, the Microsoft Way
Microsoft has once again proven the Streisand Effect
Keeping Track of IBM Layoffs in March 2026
IBM depends on bribery
GNU/Linux Measured at 7% in Yemen
Windows is too hostile and dangerous
Links 03/03/2026: Security Breaches, Iceland Wants EU Membership, and "Wall Street–Backed Lawmakers Want to Help Banks Gouge You"
Links for the day
Queensland Health Payroll System: IBM billion-dollar-blowout inquiry
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 02, 2026
IRC logs for Monday, March 02, 2026
Gemini Links 03/03/2026: GrapheneOS and Keyboard Shortcuts
Links for the day
Tomorrow should be sunny (at long last!) and a generally productive dayProductive Week Ahead
Tomorrow should be sunny (at long last!) and a generally productive day
Only One Slopfarm Seems to Have Targeted "Linux" Today
It certainly does feel like the slop hype is reaching the "late life crisis" and companies that benefited from this bubble are overdue for a day of reckoning
Microsoft Mass Layoffs: Being Sacked at 1AM in the Morning
Watch what happens to Microsoft employees who get pregnant
Links 02/03/2026: More Social Control Media Bans, Climate Change Woes, and "Journalist With Germany's Deutsche Welle Arrested in Turkey"
Links for the day
Gemini Links 02/03/2026: Small Phones, "I 3D Printed My Brain", and "Managing 5 Servers at Once with tmux"
Links for the day
IBM is Trying to Hide Mass Layoffs, Not Only With NDAs and 'Scripted' LinkedIn Posts
From what we can gather (screenshot above), today many people leave IBM and Red Hat
Richard Stallman is Giving a Public Talk This Week (Friday in Lucerne School of Computer Science and Information Technology)
His birthday is just around the corner.
Windows Falls to New Low in World's Largest Population (India)
Windows is now down to 7%
Never Miss a Good Opportunity to Shut Up and Drink Coffee
Threats come at a cost; each time you issue a threat you stigmatise yourself as a bully
Last Month Matthew Garrett Said Ridiculous Things After His Spouse Had Called Him a "Rapist", Now He's Trying to Take the Site Offline and Put My Family in Prison
The real issue of concern to him (and his alleged reputation) is the spouse and the matter is to be dealt with in America, not the UK
Machine-Generated Legal Documents, Over 2,000 Pages Sent to Us Today Alone
We now know that the papers we receive are produced using bots (algorithms)
Reporting to Our Politicians/MPs the Failure of the SRA to Stop Hired Guns Who Help Americans (Men Who Attack Women and Nowadays Also Attack British Reporters)
About a month ago my wife wrote to politicians to get the ball rolling
The Topic Many People Don't Want to Talk or Write About
"DEI" is inherently about making racial and gender patterns better reflect society's
XBox is Virtually Dead Already, What Next Will Die at Microsoft?
Now that there are mass layoffs at Microsoft datacentres it is not premature to speculate about what dies after XBox
For the First Time, statCounter Measures Internet Explorer at 0.01% "Market Share"
What Microsoft replaced it with is just a Chrome clone with extra spyware
Was a Lot of "Windows" and "Unknown" in Iran Just GNU/Linux in Disguise?
more than 1 in 10 desktop/laptop requests is estimated to be GNU/Linux
"Here in the UK, GNU/Linux rose to all-time high at Windows' expense"
Will this entail Software Freedom as well? This depends on all of us
Links 02/03/2026: Claude Code Causes a Mexican Government Cyberattack, "London Repair Week" Noted
Links for the day
2026 Microsoft Mass Layoffs in So-called 'AI' Datacentres, Why Doesn't the Mainstream Media Cover The News?
What does this tell us about the state of the media?
Don't Fall for "Top X Law Firms" in "Discipline Y", They Pay $Z to Get False Endorsement/s
It's a scheme, a scam, an elaborate fraud
More Publishers Have Turned From Slop Boosters Into Slop Sceptics and Critics
There's a "hidden cost" when one participates (for profit) in "pump and dump" schemes
TeX Live Has New Release, But Planet Debian Won't Tell You That
It 'unpersoned' the developer
LLM Slop Does Not Know People (It Knows Nothing) and Cannot Distinguish Between People. It's a Recipe for Disaster.
no way of knowing who's who
"Over 1,100 Law Firms Gone in Five Years" in the United Kingdom (UK) Alone
There are basically way too many lawyers (looking for "business", e.g. threats and lawfare) and not enough positions to fill
Microsoft FUD From Microsoft Site Helps Distract From Actual Microsoft Back Doors
Published on a Sunday
Free Software Foundation Needs to Become More Active in Europe to Avoid Impersonation by Microsoft-Sponsored Groups
So far we've hardly seen the FSF saying anything at all about the US president
Links 02/03/2026: "Not Envious of Billionaires" and Palantir SLAPPs "Swiss Magazine For Accurately Reporting That The Swiss Government Didn't Want Palantir"
Links for the day
There Has Never Been a Better Time to Quit Social Control Media
Those networks are selling something. And that something is not peace because peace does not sell "attention".
Microsoft Users Drowning in Slop, If They Complain Microsoft Censors Them
Like an authoritarian regime
IBM is Killing Red Hat's Portfolio - Including Linux - to Prop Up Ponzi Scheme ("AI")
IBM is killing Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 01, 2026
IRC logs for Sunday, March 01, 2026
Speed of Sites Matters
Being easily accessible all the time matters to us
Gemini Links 02/03/2026: Weird Phone Calls, Small Phones, and Exploring Racket
Links for the day
Dr. Andy Farnell on "Good Tech"
in the age of "rent everything" and "own nothing"