Bonum Certa Men Certa

Software Development Times Magazine (SD Times) Sometimes Composed by Patent Lawyers

Honoré Daumier



Summary: Literature that's supposed to be for developers is actually working against their interests

SD Times is supposed to be about enabling developers and every now and then we find it advocating tools that allow an abusive company to control developers. But this time we find it hosting a brand new "Guest View" from lawyers, who are simply the leeches that create a system for wave-riding the work of programmers, taxing their work with litigation and paperwork (filing and gardening of patents). This new article is composed by "E. Robert Yoches, partner, Erika H. Arner, partner, Huzefa Kapadia, associate, and Uttam Dubal, associate, are attorneys at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP."



Just to quote the opening:

The software-related and business-method patent markets are depressed, and there is little hope for a bailout. A federal appeals court decision, In re Bilski, rendered a multitude of business-method patents illegitimate, and the Supreme Court’s decision in the case, which could come as soon as next week, could cause even greater damage. The United States Patent and Trademark Office (USPTO), at least, seems to be anticipating a more restrictive decision.


The Bilski case "could cause even greater damage"? How so? It's an attempt to make a first step in the right direction. Many surveys show that software developers, for example, are against software patents because they already have copyrights and they realise the impact software patents, which would prevent them from writing any program without unknowingly stepping on someone else's algorithmic monopoly. It cuts both ways.

“To them -- the lawyers -- patents are just this imaginary market of invisible assets.”The lawyers who write at SD Times also say that "The software-related and business-method patent markets are depressed, and there is little hope for a bailout." Shame on them, bringing terms like "bailout" into it. Like other failing businesses (newspapers and the copyright cartel for example) they think that it's a responsibility of someone else to keep their antiquated practices alive. They should tell their sob story to patent maximalists like IAM and SD Times ought to have rejected this piece.

Notice the use of the word "markets". To them -- the lawyers -- patents are just this imaginary market of invisible assets. It enables racketeering [1, 2, 3, 4, 5, 6, 7]. Why is SD Times giving this coverage?

If someone requires proof that software patents depress innovation, look no further than Apple's lawsuit against GNU/Linux [1, 2, 3, 4, 5, 6] (Microsoft supports this action [1, 2, 3]). Here it is again in Reuters:

Earlier this month, Apple sued Taiwan-based HTC and accused it of infringing 20 hardware and software patents related to the iPhone.


And here is another formal announcement about a software patent.

USPTO Awards Arc Flash Software Patent to EDSA



EDSA, the leading developer of power analytics solutions for the design, testing, and management of complex electrical power systems, today announced that is has been awarded a patent from the U.S. Patent and Trademark Office for its Paladin€® Real-time Arc Flash Advisor™ software. It marks another significant patent award for EDSA, as the Company increases its technological lead in the emerging field of Power Analytics™.


It's bad enough that the USPTO grants monopolies on algorithms; now we have the multinationals attempt to do the same thing in Europe and ACTA would make that easier. The last thing that the software community ought to do is give room for the lawyers community to sing praises about software patents. But that's exactly what SD Times is doing, having just censored an article about the harms of software patents (as applied to Mono). Earlier this month it was an SD Times writer who apparently broke the news about Novell helping the companies that sue GNU/Linux (both Apple and Microsoft). It came from the same author [1, 2, 3, 4, 5] who censored the said article, it was about Moonlight, and the news about it continues to arrive even through unrelated articles.

Apple might see more of the share of US revenue if things keep up as it does have a high number of pre-orders already set and companies such as Novell working on developing games for the iPhone OS.


At least we still know where Novell stands.

Comments

Recent Techrights' Posts

Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
 
Links 28/08/2026: Chatbot Pushers Admit They're Used Heavily for Social Engineering Scams, Strong Backlash Against "Smart Glasses" (CCTV on Legs)
Links for the day
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true
Gemini Links 27/08/2026: Oklahoma, Tennessee, Haiku OS, Digital Resistance, and Staying Offline
Links for the day
Links 27/08/2026: Facebook to Pay Up to $17.1 Billion to Cover Up Known Harms, Nepal Landslide Kills Many
Links for the day
The Register MS Has Just Published Paid Spam That Says "AI" 19 Times
1.5 hours ago
Mainstream Media is Paid to Link "AI" Criticism/Boosting to Jeffrey Epstein Enablers, in Effect Showing How Corrupt This Media Became
Many readers will have noticed what was a paid-for PR campaign of a global scale
RSS is King: Why Having Subscribers or Followers in Sites You Neither Own Nor Control is Loss of Autonomy and Search is Mostly Slop (Plagiarising Sites, Not Linking to Them)
Because digital connections in third parties aren't assets; they endow another party with tremendous power over people (e.g. MElon getting to decide who can and cannot reach people or what messages to "dim down")
Claims of Tens of Thousands of 'Silent Layoffs' at IBM (and Red Hat)
Looking at recent activity in thelayoff.com, about 80% of the comments and posts are about PIPs
Links 27/08/2026: "Flock’s CEO Is Lying to Cops" and Microsoft's GitHub Actions Breaks Down Again (Too Many Layoffs, Loss of Knowledge)
Links for the day
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day
Links 26/08/2026: Patent Troll InterDigital Utilises Software Patents in Unconstitutional Court, "WikiHow Launches Copyright Infringement Suit Against" LLM Plagiarism
Links for the day
The Register MS Has New Fake Article ("SPONSORED FEATURE") With "AI" 21 Times In It
The Register MS is one among many culprits
Gemini Links 26/08/2026: “Doomsday Clock”, Rwanda Genocide, and Boasting About Using LLMs Instead of Writing Code (Due to Employer's Pressure)
Links for the day
No Allure in Omarchy, the Political Hyenas Only Give it More Free Publicity
To me, Omarchy seems like a weak project because of the slop (an HR problem)
Twitter is Not an API or a Communication Site, It's a Really Bad Site That Forces You to be Enslaved by Its Algorithm (Amplifying Its Owner's Worldviews)
the crackdown on Nitter means we should all avoid accessing or linking to x.com (Twitter)
Don't Let Bastards and Haters Grind You Down
They say "jealousy is the sincerest form of flattery"
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Goodbye, Dolly
This week we say "goodbye, Dolly."
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day