Bonum Certa Men Certa

Symptoms of the Sickness of the Patent System and Apple's Infinite Greed

Steve Jobs with patent
Original photo by Matt Buchanan; edited by Techrights



Summary: The patent system receives more mockery and jabs while monopolies like Apple exploit it in order to marginalise competition

PATENTS are not an ethical thing in general, but their original intent was a positive one. The patent system was created to protect the small guy/girl (the "inventor") from the big companies. That's at least part of the story. Nowadays, the patent system does exactly the opposite thing by crushing the small guy/girl (unless it's a patent troll and a parasite) and the funny thing is that public money is being used to fund this injustice.



As TechDirt puts it

Why Does The US Gov't Get To Patent Research Paid For By Public Tax Dollars?



An anonymous reader links us to a report from The National Institute of Standards and Technology (NIST), which came out earlier this year, that highlights how, in 2008, the US government brought in $170 million (pdf) by licensing federally (i.e., taxpayer-funded) technology and patents to private companies.


This is not the exception by the way. Other countries are doing this and in some cases, the entities generated by taxpayers turn into patent aggressors (CSIRO for example [1, 2]). In other cases, publicly-funded research, some of which gets classified as academic, turns into startups with patents which are in turn being used to exclude the public. This practice is commonplace in medicine.

What's not helping here is: 1) too many patents are being granted too easily; 2) patents are being granted to monopolies; 3) patents are too broad in terms of scope; 4) litigation/application is too expensive for the small guy/girl to be able to afford.

The written description requirement for patents is perhaps about to change, based on this new article.

The court stated, “The ’516 patent discloses no working or even prophetic examples of methods that reduce NF-kB activity, and no completed synthesis of any of the molecules prophesized to be capable of reducing NF-kB activity”


This seems to address issues with patents in general but not with software patents. How about those notorious "over the Internet" patents, which are acquired for just about anything in the analogue world, only when applied as a digital service? How about "on the cloud" patents, which TechDirt considers to be a looming problem?

With so much focus on "cloud computing" these days, companies looking to leap into the cloud and to embrace the agility and flexibility it provides are being warned that there may be a looming problem on the horizon: patent litigation. Seriously. As with pretty much any hot area of technology these days, there's a pretty big patent thicket around cloud computing -- even if the basic technology really isn't all that different than what's been around for ages. But, of course, that won't stop opportunistic companies from claiming their patents cover new cloud services (or of having some players in the field attack competitors with patents).


Here we have a new patent from a company that 'innovated' "wireless handset communication system" and sued Apple (because Apple has cash).

In 1999, a company called NetAirus Technologies applied for a patent on a “wireless handset communication system,” and though laughably broad, the United States Patent and Trademark Office granted it in 2006. Now, four years later, the company is using it to come after Apple (AAPL). On Friday, NetAirus filed suit against Apple, alleging that the iPhone–as a concept–infringes on its intellectual property.

[..]

How a patent so overly board could have made it through the USPTO is beyond me.


Apple is hardly a victim of this system though. Apple is an aggressor against Free software and against software in general now that it attacks Ogg Theora along with Microsoft. We covered the subject in:



One post that received too little attention is this opinion piece which says:

Maxwell's comments aside, I know that I personally contacted Theora's handlers (Xiph.org) at multiple points on Friday about the alleged patent issue and did not receive the courtesy of any response from them. If Apple or other patent holder had a similar experience, perhaps they have been contacted and Maxwell just doesn't know about it (yet).

Frankly I'm not surprised that a patent pool is being assembled against Theora at this time. As a Theora user myself (Firefox 3.6 !!) I've seen how good the codec is which makes it a potential threat to the patent holders. Good technology unfortunately always seems to be at risk from those who think that their intellectual property is being infringed upon.

That said, I would hope that one of the various open source patent commons can step up and help out Theora with some defensive patents and/or legal assistance. The great thing about open source is that the code is open, so if someone does come forward and show a patent claim (legitimate or otherwise), there is always an opportunity to code around it.


The patent system and software patents in particular have become a threat to culture. Being passive is not an attractive option here.

“One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”

--Richard Stallman

Comments

Recent Techrights' Posts

Trips to London
London isn't a bad place, but it's a long journey and we'd rather stay in Manchester and write about technology
SLAPP Censorship - Part 80 Out of 200: Having Run Out of Time to Meet a Judge's Deadline, Microsoft's Graveley Had Garrett's Lawyers Argued My ~190-Page Defence and CounterClaim (DCC) Was Unclear About My Position
Nothing could be further from the truth
Working in the Shell (and Fish)
Yesterday we spent about 5 hours on the shells and fish
The Corrupt Lecture the Non-Corrupt - Part XXVI - Campinos Has Put Unfit-for-Employment Drug Addicts in Charge of the European Patent Office (EPO)
How many months has Campinos got left before the delegates show him the door?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 17, 2026
IRC logs for Sunday, May 17, 2026
Gemini Links 18/05/2026: Poetry, Sauna, and GNU Taler
Links for the day
"The Society of Media Lawyers" (UK) is a Truly Malicious Anti-Media Lobby Which Helps Rich/Abusive Americans and Hostile Countries Attack Actual Media Workers in the UK
They typically source their money from aboard to besiege domestic actors (like honest journalists or independent outlets that document suppressed beats/topics)
Slop Still Waning, Its Momentum is Driven by Companies That Stand to Lose a Lot (or Everything) When the Bubble Pops
When it comes to LLM slop disguised as news, it's just not working out
Gemini Links 17/05/2026: arXiv Brings Down the Hammer, UnderPOWERed, and Slopping With Tcl/Tk
Links for the day
Links 17/05/2026: Amazon Employees Herded Into Slop, Taiwan Sold Down the River by Cheeto
Links for the day
Links 17/05/2026: Society of Media Lawyers (Brett Wilson LLP et al) Lobby for More SLAPPs in the UK, “Courage in Journalism Award” Given in Oppressive Country
Links for the day
Finland Needs to Dump Microsoft (Microslop) for National Security Reasons and the Same is True for Hundreds of Countries
"I don't see why Ryssäs would want Finns to use microslop products..."
Cyber Show UK is Already Available Over Gemini Protocol
This past week the total number of active Gemini capsules hit all-time records several times
Fight Til the End
This comes to show that persistence pays off
SLAPP Censorship - Part 79 Out of 200: They Will Soon Reach the 100 KG (Kilograms) Milestone; Wheelbarrows, Not Justice (Quantity of Legal Papers Sent to Us)
It's about the quality, not quantity (unless your sole aim is to drown out or "flood the zone")
The Corrupt Lecture the Non-Corrupt - Part XXV - Not Bringing Intelligence to the EPO, Not 'Artificial Intelligence' Either (But Intelligence-Eroding Drugs)
The EPO was meant to be about science and law. In practice, however, it's about breaking the law and being stoned.
The Cyber Show on Why Coding is Important and Slop Cannot Change or Replace That
Hand-crafting one's site has plenty of advantages
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 16, 2026
IRC logs for Saturday, May 16, 2026
Gemini Links 17/05/2026: Music Theory, Reticulum Git Repos, and Releasing Kiln
Links for the day
Links 16/05/2026: Cuba Plunges Into Darkness (Energy Wasted by Nonsense), Googlebooks as Slop Nonsense (Energy Waste and Time Wasted)
Links for the day
Links 16/05/2026: Climate Issues, Free Speech, and Monopolies/Monopsonies
Links for the day
Gemini Links 16/05/2026: Retreat and Devuan Manuals
Links for the day
SLAPP Censorship - Part 78 Out of 200: Slandering Me for Saying the Truth About Graveley and Garrett's Abuse of Processes, Stacking Dockets
These are the sorts of things British taxpayers ought to talk about
"AI" Became a New Name or Placeholder for Debt
Because they will only ever lose money for this thing with "tokens" or "potential"
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding