Bonum Certa Men Certa

Patents Roundup: EmDebian Considers OIN Membership, EBoA Makes the Legal 'Industry' Happy, Phones Industry Harmed by Patents

Hercules



Summary: Teams of embedded Debian users/developers may want a shield from software patents; Europe does nothing to stop software patenting; patent lawyers and the patents they crave prove harmful to development of "best" mobile phones

Benjamin Henrion (FFII) says that "EmDebian [is] considering joining the Open Invention Network," based on this new message:

OIN is the open innovation network, a patent defence group set up in 2005 by IBM, phillips, Red Hat, Novell, NEC and Sony to create a patent pool for defending Linux.

They are now keen to have proper free-software people and projects join up, especially in the Embedded space which is shaping up for a big fight over the next few years as the incumbents realise Linux has eaten their businesses. This could easily get dirty (i.e. have incumbent vendors resort to their patent portfolios to hang on past their natural time - (in the way that SCO did, although they tried to use copyright rather than patents).


Henrion is trying to tell them that "collective patent pools and shields do not work against trolls" (with special exceptions [1, 2, 3, 4, 5, 6]).

Enlarged Board of Appeal (EBoA) Decision Loved by Patent Lawyers



Wednesday's disappointment from the EBoA is already being covered all around Europe, especially by the legal 'industry'.

Patent attorneys seem pleased with the outcome, which lets them carry on doing what they did before, including the patenting of software using known loopholes.

To be honest, the decision was pretty much expected: the European Patent Office (EPO) has been taking a fairly consistent approach to computer-implemented inventions and has a growing body of learning materials on the subject.


Another 'IP' attorney says that "Enlarged Board of Appeal confirms approach to controversial software patents." More from patent lawyers:

As many in the 'FOSS'/anti-patent world would undoubtedly say, perhaps it is now time for the legislator to take over. However, I would have very serious doubts about whether it will be possible to come to any sort of agreement among the member states of either the EU or the EPC that would stand any chance of resolving the issue once and for all.

[...]

6. T 424/03, Microsoft does deviate from a view expressed in T 1173/97, IBM, concerning whether a claim to a program on a computer-readable medium necessarily avoids exclusion from patentability under Article 52(2) EPC. However this is a legitimate development of the case law and there is no divergence which would make the referral of this point to the Enlarged Board of Appeal by the President admissible.


Henrion has just uploaded this English version of the video depicting the European Parliament as it rejects the Software Patent Directive (also available in French/original). Here is an Ogg Theora version of this historical video.

20M



It would be nice to have another such high-profile decision annulling all patents on software. In the United States, In Re Bilski will resume very shortly.

Phones a Patent Mess



"Complex Smartphones Are the Latest Patent Battleground," exclaims Business Week. It seems like nothing but lawsuits is what patents brought to this lucrative section of the industry (where Linux grows fastest and Microsoft diminishes).

The patent wars are raging in the mobile device market, and they could result in rising costs for handset makers and higher gadget prices for wireless carriers and consumers. So far this year, Apple and HTC—two of the most innovative smartphone makers—have become embroiled in more patent-related litigation than in all of 2007, and they are on track to beat their own 2008 and 2009 records, according to Bloomberg data.


Wired Magazine has the following new article:

Investigation: Apple vs Nokia vs Google vs HTC vs RIM



[...]

The struggle that's broken out between the tech giants has a certain irony; after all, the prizes they're disputing -- patents -- were invented to accelerate and encourage invention, not hinder it. The concept is fairly straightforward: a patent is granted if an invention meets a number of requirements, the most essential being "novelty" and "usefulness". Once granted, a patent typically gives the inventor a limited monopoly of a minimum of 20 years in which he alone can market the invention or license others to take up his protected work.

[...]

In their 2008 book Patent Failure, Bessen and fellow Boston University law professor Michael Meurer show that, since the late-90s, litigation costs for publicly traded companies (except in the case of pharmaceuticals) have consistently outweighed the profits that companies derived from patents. They show that in 1999 alone, $9.3 billion (€£6bn) were made in profits from patents globally. Litigation costs alone, however, reached $16 billion (€£10.5bn) for the US. In the last decade, this situation has deteriorated considerably: in 1999, there were 2,318 patent litigation lawsuits filed in the US. By 2008, that number had risen to 2,896.


Yesterday we mentioned the HTC vs Apple case. The New York Times has attempted to get a response from Apple but failed.
An Apple spokeswoman declined to comment.


Why didn't HTC join the OIN and retaliate against Microsoft and Apple this way? Instead, it sold out to Microsoft and harmed the whole of Android in the process.

HTC is using just 5 patents. Had it joined the OIN, it would possibly have hundreds of infringing examples for a more effective artillery in this M.A.D. situation (TechDirt says that a "Patent Nuclear Response [Was] Launched" because it's the best analogy).

According to the press release, HTC believes Apple infringes upon five of their patents. As to what they are, we don't quite know. More on this as it develops.


"HTC files patent complaint against Apple, asks for ban on iPhone, iPad, and iPod," says Engadget. That's the ITC loophole which often gets abused.

Apple has other problems because of Adobe and invocation of "antitrust".

Adobe has launched its latest salvo in an ongoing dispute with Apple.

The co-founders of Adobe have published an open letter in which they say that Apple threatens to "undermine the next chapter of the web".


Actually, it is Adobe which undermines the next chapter of the Web. The Web is about web standards, not proprietary plugins. More companies also need to support Theora, which both Apple and Adobe are a threat to (see the posts below). ⬆

Recent Techrights' Posts

The Tower of Babel
More is not better
When Large American "Tech" Companies Can No Longer Complete Payroll
In spite of several very large waves of Dell layoffs, which the media reported on, it seems like they are still experienceng payroll problems, maybe that's why money is being borrowed
Writing for Good
The Web has an abundance of junk
Intercontinental Brigading - Part XXVIII - Microsoft Doesn't Want People to Speak About Microsoft-Controlled Restricted ('Secure') Boot, a Silent Injustice and Back Door/Kill Switch
Can we please stop treating this as normal or acceptable?
 
Links 02/11/2026: Bracing for US Election and New Zealand Has November 7 Election
Links for the day
Gemini Links 02/11/2026: Beginning With Gemini Protocol, Looking for CoCs, and Slop for Local Data
Links for the day
NDA-Compatible PIPs and RAs at IBM Red Hat
We welcome Red Hat whistleblowers who can share with us the NDA/s passed their way
GNU/Linux Rises in African's Largest Population
15% in Nigeria [...] A country with over 200 million people
The Register MS Has Just Published a Fake Article With "AI" 28 Times in the Page (Communist Party of China Entity Paid for That)
In IRC, someone has just pointed out that an article at The Register MS repeats Microsoft's lies about its financial situation
Windows Down to All-Time Low, Says statCounter, While Microsoft Tells 60,000 Workers They're No Longer Necessary
Microsoft must be feeling "salty" right now
A British Uphill Battle to Eliminate Microsoft and Its American Back Doors
There are places of work and homes where GNU/Linux is installed and regularly used, not as a mere hobby but as a hyper-productive, practical tool
Technical Coverage of US Elections
When elections are done by computers and decided by computers it becomes a tech issue
By Killing the "Linux News Section" in Softpedia (the Most Popular Section, Based on Its Editor) Softpedia Killed Itself
Enjoy Ballmer
Linkspam in "It's FOSS" Today (and It's Not Even FOSS)
free-to-access ad for some dodgy companies and the URLs are 'tampered' for cashback
Links 02/11/2026: Slop Destroying Mathematics and "Democracy is Not on the Ballot" (in US)
Links for the day
Celebrating Photography, Celebrating Life, Celebrating Magnificent Humanity, Not Plagiarism Disservices
Any time we adopt or spread slop imagery we are participating in the problem
Year-Long Celebration Starts on Saturday
This coming Saturday we turn 20
On Desktops/Laptops, Clownflare Sees Windows at Under 60% and GNU/Linux at 15% This Past Weekend
Impressive if accurate
Microsoft Lunduke is Slop
Microsoft Lunduke is just trying to stir up hatred
Intercontinental Brigading - Part XXVII - Shooting the Messengers (People Who Oppose Microsoft Back Doors), Even Across the Atlantic
Keep this in mind later this week when a dictator either discredits the voting or covertly tampers with the voting process
Microsoft Wants 60,000 Employees Gone (One Way or Another)
At IBM, 15% of staff got marked as candidates for removal; at Microsoft it's almost 30%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 01, 2026
IRC logs for Sunday, November 01, 2026
Jean-Claude Van Linus
Claude talking?
Gemini Links 01/11/2026: OpenBSD, Broken MicroHDMI, Nextcloud, and More
Links for the day
IBM Vapourware on a Budget (to Grab Bailouts From US Taxpayers)
Anderon is the sort of thing that makes IBMers uncomfortable
Links 01/11/2026: Digital Minimalism and "Palantir Cofounder Announces Cruel Plan to Breed Thousands of Lab Monkeys for Medical Experiments"
Links for the day
Microsoft Accenture in Trouble, Accenture’s Debt Skyrockets
Seeing a wave of adoption of Free software in Europe, it's not exactly shocking that "consultants" from Microsoft Accenture are no longer in demand
Microsoft Says Its "Goodwill" Value Has Been Declining for Years, But It Also Claimed That Doubled in One Year
Wall Street deserves far more criticism or scepticism (at the very least)
SkyChatz: From Nothing to #2 in IRC (in Less Than a Year)
Second only to Libera.Chat
Making Up Words or Inventing a Vocabulary
Or why Large Language Models are useless
Assange on What Lula Means to Free Press
Here in the UK we've also found our 'Lulas'
GNU/Linux is No Underdog (But There Are Attempts to Put It "To Sleep")
There's a moral imperative
Intercontinental Brigading - Part XXVI - The "Law and Order" Candidate Who Crushes Both Law and Order and Even Rejects Election Outcomes (Insurrection Follows)
A world without real technical security is a world void of democracy, justice, and human rights
Links 01/11/2026: Malaysian Media Perishing, France Belatedly Identifies Social Control Media as Weaponised Yellow Press
Links for the day
Gemini Links 01/11/2026: "Trick-or-Treating seems to be dead, at least in our neighborhood"; BaseFree Numerical System and Human Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 31, 2026
IRC logs for Saturday, October 31, 2026
Gemini Links 31/10/2026: MangoWM, Qutebrowser and Codeberg, Plugh
Links for the day
Massive Cuts Inside Microsoft (the Media Does Not Talk About That)
It is in many ways like IBM a decade ago
In US Government Sites, GNU/Linux Measured at New All-Time High of 7% (or About 10% Across Desktops/Laptops Alone)
There's no doubt GNU/Linux is growing
Intel Has Just Lost in One Single Day Over 150 Billion Dollars in 'Value' (Market Cap), Intel is Also Over 50 Billion Dollars in Debt
This really says a lot about Wall Street and the slop bubble, doesn't it?
They Hate Him Because He's Effective
Effective voices invite more aggressive censorship attempts
Audience Growing in Spite of the Deluge of Webslop
We probably benefit from the rejection of LLM slop
The Munich FUD Tactics (Microsoft Modus Operandi): Microsoft-Connected Sites Claim Denmark Failed With Free Software, But That's Not What Actually Happened
With Microsoft, it almost always boils down to politics
Links 31/10/2026: John Romero Comeback After Being Shafted by Microsoft, Google Faces Criminal Probe Over Deforestation in Finland
Links for the day
Gemini Links 31/10/2026: Rambling on Self-hosting and Ad Video Screens Don’t Make Money
Links for the day
Can't Trust Big Banks, Let's Try 'Bros' Instead?
But let's blame "North Korea"
IRC's Growing Popularity in 2026
No company controls or profits from IRC, it is in the Commons
"AI" as Surrogate for Debt and Distraction From Computing (Bots Described as "Agents" and/or Any Form of "Intelligence" is More Like a Religion)
We're letting people without even college degrees game the "market" (Wall Street) by lying to it
Intercontinental Brigading - Part XXV - Election Integrity at a Time of Back Doors and Very Severe Bugs in UEFI
How dare British media comment on insurrection following a US election?
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
Gemini Links 31/10/2026: Hallowe'en and "Thinking About People"
Links for the day
Links 31/10/2026: The Hinge on Apple's Constantly Breaking New Foldable iPhone Was "Built With Slop", Slop Causes Cash Squeeze GAFAM
Links for the day
Amazon's Debt Skyrockets by Almost 100 Billion Dollars in 9 Months
On top of that there is additional (secret, kept stealth by accounting tricks) debt
Google Illegally Destroyed a Quarter Million Trees Without a Permit for a Hypothetical Project That Might be Cancelled, Debt Has Soared by 30 Billion Dollars in 3 Months ($10 Billions Borrowed Per Month)
Google is bleeding from slop
Slavery at Microsoft
illegal if true
Many People "Left" Red Hat This Month, Including Yesterday
We already saw this with SUSE
Gemini Links 31/10/2026: "Where I Draw the Line With" Slop Plagiarism and "Nobody Cares That You're Leaving Proton" (Over Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 30, 2026
IRC logs for Friday, October 30, 2026