Bonum Certa Men Certa

Patents Roundup: Cracks in the USPTO, Patent Trolls, and More About Theora

Holiday luminarias



Summary: The patent system celebrates monopoly; software patents with "defensive" pools hardly a solution; the H.264 vs Theora debate rages on

THE EPO is losing its way. But the USPTO too had gone insane and as we noted the other day, there is a sharp rise in the number of monopolies it grants these days. TechDirt explains why the USPTO should not be proud to have only increased risk of litigation and perhaps lowing the bar to acceptance of applications (which leads to devaluation).



USPTO Ramping Up Patent Approvals



[...]

However, is all that being reversed? Patently-O recently pointed out that the USPTO appears to be approving patents at a much higher rate again, and there's lots of speculation as to why. Many assume that, as was noted in the original link above, Kappos and his boss, Commerce Secretary Gary Locke, are focused on reducing backlog. And so the incentives and pressure within the USPTO is to just approve patents to get them out of the way. If true, this is incredibly short-sighted and will backfire. The end result is that more bad patents get approved, and when bad patents get approved it increases bad lawsuits, followed by bad rulings for huge sums of money... leading more people to file for more bad patents hoping to win the same kind of jackpot.


Right at this moment, Nokia and Apple are suing each other. Is that a good thing? is that innovation?

“A definition which excludes hardware as part of a computer program ought to make In Re Bilski expandable to software patents.”Swpat.org has found an old case which demonstrates that it is not sufficient for software to be run on a computer to make that computer qualify as a new physical machine. To quote the summary: "Alappat applied for a patent, at the USPTO, on a particular method used in a particular kind of electronic instrument. The patent examiner rejected the application, the Board of Patent Appeals and Interferences (BPAI) of the USPTO then found in favour of the application and the case then went to the Federal Circuit Court of Appeals, where it is known as In re Alappat. The Federal Court reversed the decision of the BPAI, denying the patent."

A definition which excludes hardware as part of a computer program ought to make In Re Bilski expandable to software patents.

TechDirt writes about Bort's piece on the "The Defensive Patent License" for Free/open source software and notes that it's not a true solution. The FFII has already explained why collective shields won't work. What happens when a patent troll strikes? How about the Acacia case for example? We recently covered its conclusion in:



Red Hat adds some more information about the case in Law.com:

Acacia's first quarter filing also indicates the company is wielding its patents against more targets than ever before: It reached 40 new licensing agreements in the first quarter of 2010, compared with 29 the previous year.

In the case of Red Hat and Novell, the two companies opted against signing such agreements and chose to go to trial instead. In doing so, they faced a hurdle common to defendants in patent trials: winning over jurors with little or no prior knowledge about the technology at issue in the case--open-source software, in this instance.


Here is the take of someone from the 451 Group:

There’s been a stepping up of competition among the Linux vendors, particularly Novell and Red Hat, which both continue to advance their Linux distributions in the latest versions Suse Linux Enterprise Server and Red Hat Enterprise Linux. Much of the increased competition centers on pushing Linux even further into cloud computing, where it is already winning use with ideal licensing, scalability and clustering capabilities. With the focus on cloud computing, the ‘other’ Linux vendor, Ubuntu distributor Canonical, also becomes more significant.


Speaking of Ubuntu, a hot new subject at the moment is Theora because Canonical pays the MPEG cartel for software patents in H.264 [1, 2]. There is still an ongoing discussion about the topic, with Slashdot recalling this old article about patent M.A.D. situations. For context and some perspective about Microsoft's and Apple's position, see the posts below.

Recent Techrights' Posts

Even Technical Articles and HowTos From UNIXMen Nowadays Seem to be LLM Slop
We've just permanently removed the RSS feed of UNIXMen
The FSF's 2024 End-of-Year Fundraiser Succeeds: Over $400k to Support Software Freedom
That's worth bringing up again because the SFC is trying to 'crash' this achievement of the FSF
[Meme] Fentanylware (TikTok) Banned in the United States, Next Up European Union (EU)
And the United Kingdom (UK)
President Biden is Right, "Free Press is Crumbling" and the United States Exports Its Media-Hostile Culture to Other Continents
perhaps Biden should pay closer attention to how Donald Trump-inspired Americans take their battles to other continents
Guardian Digital, Inc (linuxsecurity.com) Uses Microsoft-Controlled Front Groups and LLM Slop in Order to Spread Microsoft-Directed Anti-Linux FUD
Microsoft garbage likely produced by Microsoft LLMs, spewing out Microsoft FUD
Thank You, London! There Was No Way to Still Reliably Host Gemini From Home (on a Raspberry Pi 4) Due to Scale
The only regret we've long had is that we hadn't made the move earlier
The Summit of Future (Kerala, 2025): Dr. Richard Stallman (RMS) to Give Keynote Talk
promotional video was uploaded
 
RMS 'Inauguration' in Montpellier (Government Administration) on January 20th
Happy hacking
Links 17/01/2025: TikTok Banned by the United Stated (SCOTUS Rejects Appeal)
Links for the day
Software Freedom Conservancy Inc (SFC) Makes It Obvious It's Just a Copycat Trying to Exploit or Leech Off the FSF's (and GNU's) Work
They swim next to the rich people (who "match")
Links 17/01/2025: Fentanylware (TikTok) Herds Its (Drug) Users Into Even More Harmful "Apps"
Links for the day
Likely Fake 'Article' About Linux Mint 22.1
BetaNews fired up its plagiarism machine (LLM)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 16, 2025
IRC logs for Thursday, January 16, 2025
Links 16/01/2025: Conflicts, Overpopulation, and Software Patents
Links for the day
[Meme] Lock-down With DRM Server/s (in a Nutshell)
Companies like Microsoft and Apple have a 'God complex'
Richard Stallman's Talk This Coming Monday (European 'Tour')
bunch of talks in Europe
Total Lock-down Ambitions - Part II - Down to the Very Core, Including the Hardware (CPU, GPU, Peripherals, and More)
instead of distinguishing themselves and antagonising these broadly reviled "antifeatures", both Canonical and IBM decided to join Microsoft in advocating lockdown
FSF, Guardian of the GNU Project, to Reach $400,000 in Winter Fundraiser Ahead of 40th Anniversary
The GNU Project Turns 42 later this year
Links 16/01/2025: "Meduza, IRL" and the Clock is Ticking on TikTok in the US
Links for the day
Gemini Links 16/01/2025: Yesterday's Gone, The Hour of the Dragon by Robert E Howard
Links for the day
Computer Users Aren't Zoo Animals
Animals don't belong inside cages in zoos, either
Links 16/01/2025: Scale and Scope of Microsoft Layoffs Revealed (Two Waves of Layoffs in 2025 Already)
Links for the day
Gemini Links 16/01/2025: Meta Has a Pixelfed Problem and Space Time Scoping
Links for the day
Anti-Linux 'Articles' in linuxsecurity.com (Guardian Digital, Inc) Are Composed by Bots, Probably Microsoft's
linuxsecurity.com has become a mindless stream of LLM slop
"New Year, New Career"
published a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 15, 2025
IRC logs for Wednesday, January 15, 2025
If You See Many Microsoft Puff Pieces That All Say More or Less the Same, Consider the Possibility That Microsoft LLMs 'Wrote' Those
There are also many phantom fake 'reports' about Microsoft in relation to some "hey hi" (AI) things
[Meme] The Crybully
Crybullies shrug
IRC Logs Complete in Geminispace (Even in GemText Format!)
We still envision ourselves - a community of justice-seeking enthusiasts - as a multi-protocol platform, not just some ordinary Web site
It Was Only a Matter of Time
We're going to pursue justice
[Meme] "Well, He’s Dead So," Bill Gates Tells the Media (Which He Pays) About His Close Friend Jeffrey Epstein
Does the police in San Francisco cover up crimes instead of solving them?
The Rumour Was Right, Today is the Second Large Wave of Microsoft Layoffs in 2025
It has only been two weeks since the year began
The Free Software Foundation (FSF) Has Had a Good 2025 Already (Its "Year 40")
FSF will reach $400,000
[Meme] Not About How Many Locks One Adds
Some people try to point their fingers in all the wrong directions now that a new patch is available for rsync
Total Lock-down Ambitions - Part I - DRM and TPM Need Not be the Future of Computing, There's Another Way
Who is being restricted? Us, the users.
[Meme] His Existence is Proof It's Not Infeasible
We salute the FSF's original mission
New Upcoming Series About DRM and TPM
We'll do our best to name and explain some of the alternatives that are still available
Links 15/01/2025: Efforts to End Wars and 'Newsflation'
Links for the day
Gemini Links 15/01/2025: Abandoning Windows for GNU/Linux, SIS Progress Update
Links for the day
Links 15/01/2025: Social Control Media Spreading Lies, TikTok Banned in 4 Days
Links for the day
More Microsoft Cuts and Layoffs (Microsoft Media Mole Jordan Novet Tries to Float "Hiring Freezes" Spin After the "Headcount" Spin Failed)
As one might expect...
Microsoft Breaks Linux Again
Does it even care? It's selling Windows.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 14, 2025
IRC logs for Tuesday, January 14, 2025