Bonum Certa Men Certa

Patents Roundup: EFF Defends VoIP; Google, Apple, and Black Duck Stifle Progress; Microsoft Joins RPX

"Fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria."

--Richard Stallman



Summary: A quick look at some patent news from the past week, ranging from defence to offence

Electronic Frontier Foundation (EFF)



THE EFF still fights one patent at a time. According to this new page, it is going after VoIP monopolies right now.

The Electronic Frontier Foundation (EFF) has won reexamination of an illegitimate patent on voice-over-Internet protocol (VoIP) that could cripple the adoption of new VoIP technologies.


IDG wrote about this too:

The patent, held by a small company called C2 Communications Technologies, is one of 10 that the Electronic Frontier Foundation (EFF) has been trying to strike down for several years through its Patent Busting Project. On Friday, the patent office granted the EFF's request for a re-examination, the EFF said. The digital civil-liberties organization argued that another applicant had submitted basically some of the same technology to the patent office before C2 did.


The EFF means well, but a better solution would be abolition of software patents as a whole. The problem is that companies like IBM, Google, Novell, and fronts like OIN are proponents of software patents, which makes them far from defenders of Free software.

Do Know Evil?



Google is acquiring/obtaining some more software patents. Here is the original report:

Google has filed at least four patent applications for technology it's building into its Chrome browser to try to make the Web a more powerful foundation for applications.


Google is part of the software patents problem, just like IBM. Sometimes it gets sued.

Apple



A few weeks ago we explained why Apple too is part of the software patents problem. Here is Apple applying for some more patents and blocking developers' use of their associated ideas/functions.

Apple this week notified iPhone developers that they cannot use the device's GPS data to serve location-aware advertisements to users of App Store software.

[..]

One patent application described a dynamic home screen that would display specific applications automatically populated based on factors like the current location of the phone. For example, when traveling in San Francisco, a specific "San Francisco" icon could appear on the screen, and give users easy access to local weather, time, maps and contacts.


More information here and here:

Apple doesn't appear to be opposed to location-based targeted advertising in principle. It has filed patents for location-based targeted advertising, especially in relation to offering currently playing songs or videos at a particular location for purchase via iTunes.


 

Is Apple's banning iPhone applications that would use location data for displaying advertising not as onerous as anything Microsoft tried--and mostly didn't get away with?

What about banning the word "Android" from the App Store? Like Apple thinks it can control the flow of information its customers receive? Give me a break.


This new article brings back memories of Apple's patent fight with Microsoft. Well, Microsoft ripped off a lot of companies, Apple included.

Back in the dark ages, around 1991, Apple had some pretty cool Macs while PC users were still mired in DOS. Apple was making good money. Meanwhile, on the PC side, just marrying a mouse with DOS was the big thing. However, over time, Microsoft was able to copy what Apple was doing with the WIMP interface (Windows, Icons, Menus, Pointing device).

That was due in part to poor IP protections and a strategic error made by John Sculley who opened the door, contractually, to a GUI for Microsoft back in the 1980s. That resulted in a lawsuit by Apple against Microsoft in 1988, one that Apple eventually lost. (The fascinating saga has been documented at Low End Mac.) Once that GUI door was opened, Microsoft was eventually able to mimic the Mac OS look and feel. Today, many non-technical users are not able to differentiate between Windows 7 and Snow Leopard, and that has to irk Apple.


Black Parasite Software



Black Duck's new patent (mentioned in [1, 2]) is still receiving some press coverage. Confrontation with the SFLC too gets it some attention:

Bradley Kuhn, the technology director of the Software Freedom Law Center (SFLC) expressed dismay this week after learning that Black Duck Software was granted a patent that covers software methods for detecting and resolving open source software licensing conflicts. Kuhn, who plays a major role in the SFLC's GPL enforcement efforts, contends that Black Duck's patent is far from novel and describes techniques that he has been using for licensing compliance analysis for over a decade.

Black Duck was founded in 2002 with the aim of providing automated solutions for tracking the provenance of source code in applications. The company's first product, called Protex, reached the market at a time when the software industry was being confronted by emerging legislation and high-profile litigation that raised concerns about software licensing practices. At the time, the ill-fated SCO trial was just starting to heat up and there were still unanswered questions about whether the newly-passed Sarbanes-Oxley Act would require more rigorous internal audits of software licensing. Black Duck turned the industry's fear over these issues into a marketing tool and became one of the leading vendors in the compliance management market.


Black Duck ought to withdraw the patent or be perceived as even more of a parasite to the Free software community. With a Microsoft-tied genesis, Black Duck was always difficult to trust. This brings us to Microsoft.

Microsoft



Microsoft has signed a new patent deal, this time with Webmap Technologies.

Webmap Technologies, LLC has entered into a license agreement with Microsoft Corporation, a developer and licensor of software solutions. Webmap Technologies is a subsidiary of Acacia Research Corporation, through its operating subsidiaries, acquires, develops, licenses and enforces patented technologies. All the companies are based in the US.


Here is another new article about Microsoft's patent deal with Funai -- a deal which we previously wrote about in [1, 2, 3].

Software major Microsoft and Japanese home technology firm Funai have struck an IP cross-licensing deal, granting each other access to agreed areas of their patent portfolios. Set to bolster the companies' mutual research and development (R&D) efforts in integrated media, the deal reflects the growing popularity of cross-licensing and patent pools in the technology field as key players aim to avoid IP disputes.


The most significant news though is probably to do with RPX [1, 2, 3], a patent pool/racket which Microsoft is entering. It was only a couple of weeks ago that Microsoft signed a deal with Acacia and now it joins RPX with the excuse that it needs protection from "patent trolls."

Microsoft Corp., a technology giant that wins thousands of patents every year, has joined RPX Corp., a start-up network aimed at aggregating intellectual property to shield its members from what are known as "patent trolls."


Here is a funny headline ("Tech Giants' New Plan To Fight Patent Trolls"). It is funny given that Microsoft itself created the world's largest patent troll, Intellectual Ventures. For Microsoft to complain about "patent trolls" would be nonsensical and hyporitical.

Microsoft has signed up for "patent insurance" with a startup called RPX, which buys up patents that could be used against its clients. Microsoft says this approach can save the industry billions of dollars by thwarting the industry's controversial "patent trolls" and their litigation. But how much can a firm like RPX do to prevent litigation?


This is also covered at Law.com, requiring subscription though. Here is an article everyone can read at the site, as well as a few others:

Frustrated by litigation costs, Microsoft, Sony, and Nokia are paying third-party patent acquirers such as RPX to fend off patent lawsuits


Dallas News has this story to tell:

That's what Melsheimer of Fish & Richardson PC's Dallas office found in getting a $511.6 million verdict against Microsoft reversed by the U.S. Court of Appeals for the Federal Circuit. Plaintiff Alcatel-Lucent initially sought $50 billion in damages.

The ruling ended a seven-year odyssey featuring seven different cases and three jury trials. One case hinged on the value of a particular feature of Microsoft's Outlook electronic mail program. Melsheimer and his team convinced the appeals court that the feature wasn't part of Outlook's appeal to customers, hence no damages.


We wrote about Fish & Richardson a couple of months ago.

Patents as Barriers



Against Monopoly has something to say about "Common Sense" and the Economist has published an article against patents (essentially monopolies).

DO PATENTS help or hinder innovation? Instinctively, they would seem a blessing, especially for backroom tinkerers. Patenting an idea gives its inventor a 20-year monopoly to exploit the fruit of his labour in the marketplace, in exchange for publishing a full account of how the new product, process or material works for all and sundry to see. For the inventor, that may be a reasonable trade-off. For society, however, the loss of competition through the granting sole rights to an individual or organisation is justified only if it stimulates the economy and delivers goods that change people’s lives for the better.

[...]

If truth be told, few inventions are really worth patenting. Time and again, surveys show that in both America and Europe companies rate superior sales and service, lead time and secrecy as far more important than patents when it comes to profiting from innovation. And, although applying for patents is relatively cheap, the cost of maintaining them can be horrendous. If the idea behind a patent has any commercial merit, it will attract imitators—and the inventor must be prepared to defend it in the courts. In a majority of cases, the cost of litigation will far exceed any revenue the inventor may subsequently earn from royalties or licensing.

By and large, the inventions and discoveries worth patenting are those in the pharmaceutical and biotech fields, where the pay-off for blockbuster drugs can amount to billions of dollars a year. Also, because the vast majority of inventions in such areas depend on unique molecular architectures, patents for new products are easier to defend in the courts. A me-too drug that is believed to violate a firm’s patent is either based on the same molecule or not.

[...]

An end to frivolous patents for business processes will be a blessing to online commerce. Meanwhile, the loss of patent protection for software could make programmers realise at last that they have more in common with authors, artists, publishers and musicians than they ever had with molecular architects and chip designers. In short, they produce expressions of ideas that are eminently copyrightable.

That could be good news for innovation. After all, who in his right mind would seek a lousy old patent offering a mere 20 years of protection when copyright can provide monopoly rights for up to 70 years after the author’s death? That one fact alone could spur more innovation than all the tinkering attempted so far.


A new study (already mentioned here) shows that patent trolls are taking over the system.

"Adobe pays patent royalties for the h264 codec so that video plays reliably worldwide, across browsers and OS's," says the president of the FFII, pointing to this from Adobe:

But in follow the comments from our CTO's posting "Open access to Content and Apps", I noticed that there are comments about Flash not being an "open" technology and questions about why we don't open source the Player, so I thought I'd jump in and provide some details to help clear up some misconceptions and explain how open we are with the Flash Platform.


Another new article shows that one researcher has decided that sharing is better than not sharing ("open-source research"), which probably means that patents too will be affected.

One medical researcher applies generosity of spirit with his open-source research project designed to fight a tropical disease for which medical treatment is expensive and tough to come by.

[..]

Now, Scientific American reports that Australian chemist and entrepreneur Matthew Todd is initiating a totally open-source research project geared to the fight against the tropical disease schistosomiasis.


Sharing is better than not sharing. Scientists understand that. Investors don't care.

Comments

Recent Techrights' Posts

Workers Fly Away From IBM's Red Hat (This Year a Lot of Red Hat Staff is "IBM")
The stock (share price) of IBM says nothing about what actually goes on
Links 02/01/2026: Science, Patent Maximalism, and Public Domain Day
Links for the day
Gemini Links 02/02/2026: Books, Scams, and mkscript (a Script to Make Scripts)
Links for the day
Strong Start for GNU/Linux This Year
based on statCounter
More Tools, Factorising Code
If some things in the site of Gemini capsules don't behave as expected, then that's likely due to a bug
State of Tech Journalism in 2026: Follow the Money
in order to understand what motivates an opinion piece one must follow the money
 
The More Buzzwords a Corporation Resorts To...
buzzwords are a fool's way to compensate for or disguise a lack of knowledge
So You Should Definitely Call it "Slop" and Stop Saying "AI"
with more XBox/gaming layoffs being imminent the blowback will be fun to watch
Why Are We Still Using Voting Machines?
Voting machines still seem to me like an infantile cargo cult and an act of salesmanship (like various security theatre rituals at airports)
"Works for Me!"
Who knows best?
Why IBM Workers Like Techrights (Same Reason EPO Workers Do)
IBM will likely be a daily theme (high rate of recurrence)
In 2025 We Contributed to the Headlessness of the OSI, But It's Not Over Yet
By airing some 'dirty laundry' about the OSI last year we contributed to its current state
Africa's Largest Population Sees Diminishing Impact of Windows
less than 1 in 10 Web requests in Nigeria comes from Windows
Russia Cuts Finnish Cables ("Hybrid War"), Finland Cuts Off Microsoft
the birthplace of Linux
Free Software is More Naturally Inclusive
large, intolerant, violent companies get painted as a glorious example of United Colours of Benetton
Europe in 2026: Over 5% GNU/Linux, Not Counting Chromebooks
2026 has started strongly
Slopfarm Says Microsoft's "Biggest Business" is the 'Business' Where It Loses Tens of Billions of Dollars
TOI still pretends to have a lot of output
At the Start of January 2025 Microsoft President Said Microsoft Would Spend 80 Billion Dollars on "AI" Data Centres. That Didn't Happen. Microsoft Laid Off 30,000 Workers, Debt Surged.
Maybe this coming Monday Microsoft will come up with more false promises and vapourware
Links 02/01/2026: Insurrectionist Attacks Musicians Critical of Him With Lawfare, Project Gutenberg Now Has Over 75,000 Books
Links for the day
Decline in LLM Slop About "Linux" is a Good Start for 2026
When the only remaining proponents of slop are slop, which is pretty much what's happening right now, the bubble is popping
EPO People Power - Part XXII - Contact Officials and Inform Your National Representatives (Delegates) of the EPO's Cocainegate
Europe's largest media intentionally covers up serious scandals in Europe's second-largest institution
Slopwatch Still Dead, Not Enough LLM Slop About "Linux"
this is the desirable thing
LibXML2 Will Carry on (Without or With the Name "LibXML2")
The proprietary software boosters are projecting
Gemini Links 02/01/2026: ThinkPad, SHARP Zaurus, Lagrange Handheld Support
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 01, 2026
IRC logs for Thursday, January 01, 2026
Links 01/01/2026: "Biophobia" and Renewed Effort to Locate MH370
Links for the day
Gemini Links 01/01/2026: Bot Accounts Online and Reading in 2025
Links for the day
IBM’s and Red Hat’s "Operation Evolution initiative" Just Long, Fancy Term for Bluewashing, Redundancies, Layoffs
Gerstner is still alive, but he's shorter and more arrogant
Designing a Better Mousetrap or Tools for the SSG
Static Site Generators (SSGs) - unlike all modern Content Management Systems (CMSs) - are so simple that extending them is easy
Links 01/01/2026: 1930 Works in the Public Domain, Electricity Pricing 'a Mystery'
Links for the day
Firefox is Toast Because It Got Toasted by Mozilla
Firefox cannot keep above 2% and hasn't been able to for quite some time
Ignore the LLM Slop and the Noise, Microsoft is in a Death Spiral
So what does Microsoft have left to sell?
Red Hat is Vanishing Before Our Eyes
With some Red Hat staff "transitioning" we wonder if it's an HR hack, wherein they "reset the clock" on employment duration so as to lessen severance obligations
In 2025 Microsoft Lost Palau
Palau now has GNU/Linux at steadily high levels
Microsoft Mocked UNIX/Linux for Not Handling Dates After 2038, Microsoft Breaks Down on 2026!
Only a truly moronic company would design it that way
Another New Year's Resolution: Public Domain Sources, Credits
In addition to our first one
Combatting Slop Images (and ClownFlare)
we won't use or reuse slop images
The End of Red Hat
expect many more layoffs soon
A New Year's Resolution: Maximal Transparency
We'll do our very best to be transparent about everything that's going on, even legal matters
Gemini Links 01/01/2026: 2025 Comes to a Close and Capsular Gemlog Manager
Links for the day
Free Software Foundation (FSF) Raised About 1.3 Million Dollars in the Past Couple of Months!
the FSF's Board now has 10 people in it
2026 IBM Phaseout of Red Hat
Red Hat won't fare any better than most IBM acquisitions
Microsoft Budget Issues, XBox Thrown Under the Bus
They're cutting budget. Soon they'll cut the staff.
Only Hours Into the New Year People Already Discuss the Next Round of Layoffs at Red Hat/IBM
2026 will be another tough year for Red Hat and IBM
EPO People Power - Part XXI - Europe's Second-Largest Institution Became a Corrupt For-Profit Company Run by Drug Addicts
it'll be the demise of the Rule of Law in Europe and maybe a death blow to the EU (eventually), not just the EPO
Another Very Productive Year Commences
"a total of over 17,000 pages in a year"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 31, 2025
IRC logs for Wednesday, December 31, 2025
Fiji: GNU/Linux Has Risen From Almost Nothing to Almost 5% in Recent Years
It's not as small as people are led to believe
Gemini Links 31/12/2025: Blogosphere is Growing and New Year Begins
Links for the day
Recruiters Don't Use Microsoft LinkedIn, Spammers Use LinkedIn
One of my best friends, a university professor, lost all of his life's savings due to Microsoft LinkedIn
You've Only Wasted Your Life in Social Control Networks
In a sense, social control media is a giant delusion
2025 Was a Very Bad Year for Social Control Media
statCounter sees a gradual demise in Social Control Media access
Don't "Go Paperless", Go Paperful [sic] (for What Really Matters)
Why should we favour paper use sometimes? Well, many reasons.
Complexity Considered Harmful: We Used to Run an Operating System on 64KB of RAM, Not 64GB of RAM (a Million Times More)
"Initially confined to single-tasking on 8-bit processors and no more than 64 kilobytes of memory"
The Slop Industry is Failing So Badly (Mountains of Debt, Losses) That It's Merging With the SPAM Industry
we reckon that Google will eventually delist all slopfarms, recognising they're just a form of SPAM
Links 31/12/2025: Cheeto Pushing for More Wars, ‘Security is a Shared Responsibility’
Links for the day
Enshittification of Postal Services Isn't Technological Advancement
Societies that say the aim is to "go digital" and eliminate paper trail aren't advanced; they're moving backwards
IBM Starts 2026 a Much Smaller Company (Not Homage to Gerstner)
People who get bluewashed out of their job (or bluewashed into unemployment) are gagged by NDAs
XBox is Likely Dead Already, But the Threat It Posed to Us All for Two Decades Isn't Over
"the Xbox was never about gaming and merely served as a test bed for DRM in commodity systems."
Ahead of 2026 Mass Layoffs at Microsoft the Tree Gets Shaken to See Who 'Falls' (Resigns/Retires)
"We had a quiet meeting last week about budget realignment. No one said layoffs, but it’s clear where the focus is shifting."
Almost 6,5000 Pages in 2025, Aiming Higher in 2026
if we can keep focused, then quantity will increase
Microsoft XBox Having a "Dog Ate My Homework" Moment: No New Console Until 3 Years From Now... Because "RAM Prices"
Who will ever remember this in 2028? Nobody.
Gemini End of Year Capsules Tally (Based on Lupa) Shows About 10% Growth
What a difference a year makes
Gemini Links 31/12/2025: New Resolution, Reverse Hexdump, and Programming Languages
Links for the day
Dr. Andy Farnell Explains Why Chatbots Became Dishonesty on Top of Dishonesty (Hiding Usage of Dishonest Salads of Words)
new article from CyberShow
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025