Bonum Certa Men Certa

Patents Roundup: Bill Gates, Acacia, and Other Patent Trolls in the Headlines



Summary: Patent news especially from the United States and with emphasis on software

OpenSim developers warn against patents (FFII's President: "Swpats are designed to stifle innovation and prevent competition by startups through increasing risk and costs for them")

There’s some academic support for this position (though Microsoft itself has filed thousands of software patents since Gates wrote his memo). According to a study published last year in Columbia Science and Technology Law Review, a patent system such as one that we have now “generates significantly lower rates of innovation” than one where such parents are not allowed. According to the authors, current patent systems actually deter innovation instead of spurring it, contradicting the common belief that investors wouldn’t invent unless they were able to protect their work with patents.


Shughart's Defense of IP

While it is true that copyright and patent are constitutional, this does not make these laws just. What the artificial law-writing coup-leaders wrote a document designed to help the state seize more power is simply not relevant to the normative question of whether there should be IP.

Pro-patent law arguments rest on the assumption that the patent system generates overall wealth--that its benefits are greater than its costs--without ever making this case. Instead, they point to ways that the patent system benefits some people, and never bother to even try to tally up the costs to make sure it's a net positive. In other words, they don't even take their own justifications seriously.


Patent infringement lawsuits raking in the big bucks (mentioned two days ago)

It's a good time to be in the patent litigation business, it seems, as "non-practicing entities" are regularly receiving higher damages in patent cases than companies that are actually selling products and services. That's according to a new report on patent litigation from PriceWaterhouseCoopers, which examined 1,400 patent cases in order to get a feel for the current landscape. Even though patent reform is a big talking point in government right now, it's clear that the upper hand currently belongs to those who aren't making products.


Obama's Director Of Citizen Participation Patents Displaying News With Financial Info (almost all companies start with "defensive" patents before they turn hostile)

To be fair, Google has only been a defensive, rather than offensive, patenter, so I wouldn't read too much into this. However, it does seem a little ridiculous to patent the process of displaying news with financial information. It's a neat UI concept -- but deserving of monopoly protection for decades?


Gates, Ozzie, Microsoft execs patent 'personal data mining' (patented under Microsoft Corp., but the 'retiring' Gates has his own patent troll/harvester where he files patents)

Bill Gates, Ray Ozzie and a bunch of other heavy-hitters from Microsoft are named as inventors on a newly issued patent for a "personal data mining" system that would analyze information and make recommendations with the goal of aiding a person's decisions and improving quality of life.


Yahoo Loses Patent Infringement Case, $12.4 Million (see background on Acacia's attacks against GNU/Linux just weeks after picking staff from Microsoft)

IMVironments - the little background themes for Yahoo Messenger - have gotten Yahoo in a lot of trouble. The company's lost a patent infringement case that concerns them, and as a result, is supposed to pay a subsidiary of Acacia Research Corporation $12.4 million.


“If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today."

--Bill Gates (when Microsoft was smaller)

Recent Techrights' Posts

Representing and Speaking for Animals
If I ever choose to take this matter to tribunal with animals-centric NGOs on my side, it'll get some press coverage for sure
Slopwatch: Fake Articles About "Linux", Slop Images in VentureBeat, Linux Foundation Spam Made With LLM Slop and Slop Images
The only relief or upside - if any exists - is that the pace of slop was down a bit this week
Richard Stallman (RMS) Talk in Ethereum Cypherpunk Congress Will be Remote
This past week RMS received lots of accolades online
Links 28/08/2025: Chatbots Distorting/Fabricating History and Also Driving Suicide
Links for the day
 
Links 29/08/2025: Arti 1.5.0, War on Public Health (CDC), and Slop 'Bros' Made to Pay for Their Mass Plagiarism
Links for the day
No, 4Chan is Not Fighting for You by Lawyering Up Against Ofcom (UK)
Don't mistake proto-fascists for people who "fight for you". They don't.
Downlplaying the Impact of "UEFI 9/11" is a Losing Strategy
we won't publish much whilst on holiday
In Many Places in the World Vista 11 "Market Share" is Going Down, Not Up
In some countries Windows is already down to third place or lower
More Microsoft-Connected Layoffs, at Least Third Time This Month! (Also Another Death on Campus)
Microsoft as a "gaming" company is where studios, projects, games, and even developers come to die
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 28, 2025
IRC logs for Thursday, August 28, 2025
Gemini Links 29/08/2025: Poems, Games, and Java 25 Performance
Links for the day
Links 28/08/2025: Greenland 'Interferences' by US and Skinnerboxes to Get Banned in Korean Schools
Links for the day
The Register MS (Run by Microsoft Operatives): Free Software is Putin, Hence Evil and Dangerous
The current editor in chief is an American Microsofter, the previous one went to work for Google (US)
Gemini Links 28/08/2025: Back in Japan and Why "Hacker News" Sucks
Links for the day
A Much-Needed Wake-up Call to Users of Wordpress.com, Blogspot, Substack and All Those Other Outsourced (and Centralised) Platforms
There are several lessons in there
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
Open Source Initiative (OSI) Resists Software Freedom, Even by Attacking Its Own
The OSI is compromised
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 27, 2025
IRC logs for Wednesday, August 27, 2025
Slopwatch: linuxsecurity.com, Slopfarms in Google News, and More
Some readers of ours end up sending us links that are from slopfarms, not realising those are slopfarms
Gemini Links 27/08/2025: Katrina Memories and Google Versus Software Freedom
Links for the day
Links 27/08/2025: Police Against Media Freedom in the UK, Energy-Hungry Countries Targeted by China
Links for the day
Microsoft Windows Fell to All-Time Lows in Egypt This Summer, Vista 11 Adoption Decreases While GNU/Linux Increases
Vista 11 is going down rather than up
Links 27/08/2025: Microsoft Demoralises Staff With Slop Demands, Leaving Mastodon Explained
Links for the day
12 Hours Ago The Register MS Published a Fake (Paid-for) Article, But This One for a Change Did Not Promote a Ponzi Scheme
There are also Free software alternatives, but they don't pay The Register MS for "synthetic" so-called 'journalism'
More People Need to Call Out and Put a Stop to Serial Sloppers
Unless slopfarms are stopped, people will read and share Microsoft propaganda made by chatbots
Gemini Links 27/08/2025: Headphones and Tartarus
Links for the day
Morale at Microsoft is Terrible (Proprietary Plagiarism Machines Have No Future, LLM Slop is a Bubble)
The slop sceptics/critics are going to have lots of "told you so" moments
GNOME "governance issues, staff reduction, etc." amidst Albanian whistleblowing and women trafficking
Notice the connection to Software Freedom Conservancy (SFC) and GNOME
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 26, 2025
IRC logs for Tuesday, August 26, 2025