Bonum Certa Men Certa

Patents Roundup: Novell's and Apple's Latest Software Patents, Ruling in Germany, and Harms to Software Freedom

Troll picks cows



Summary: News about software patents and other unjust monopolies

Patent applications by Utahns [Novell still loves software patents]

System and method for creating and presenting modal dialog boxes in server-side component Web applications, patent No. 7,721,225, invented by Daniel Montroy of Sandy, Micah Gorrell of Spanish Fork, and Matthew Sorensen of Lehi, assigned to Novell, Inc. of Provo.


New iPhone Patents Extend Apple's Control Over Apps, Potentially Squeezing Out Many Developers [Apple uses patents against GNU/Linux]

Apple Looking Into Location-Temporary Apps

German court ruling, upholding Siemens patent, as text [see yesterday's analysis about Siemens]

German Supreme Court on Patents on Computer-Implemented Inventions

Today the German Supreme Court (Bundesgerichtshof, BGH) has published the full reasons of the decision in re Xa ZB 20/08 dated April 22, 2010. The decision is related to German patent application DE10232674 filed by Siemens AG on July 18, 2002.


Hugin and patents [some Free software projects have already been hurt by software patents and then vanished, e.g. [1, 2]]

Source code as such (certainly in the case of compiled languages) does not implement an invention — it merely describes an algorithm. As such, I believe that the source code of a Free Software implementation of some patented algorithm (as if it makes sense to patent an idea, but hey, some patent offices hand these things out) cannot infringe the patent even if you accept the validity of algorithmic patents because it’s just describing something that has already been published — the patent text itself! On the other hand, compiled forms of the same do implement the algorithm in a machine and might be covered. I’m not sure if anyone has really dug into the implications of the division between source and object code in this area.

In cases like this, the Open Invention Network might be of use. It’s a patent pool organization for Linux. Since Hugin isn’t part of Linux (as in, the kernel bits) it’s unlikely to be helped out directly. The OIN folks are some of the most pragmatic and sensible people I’ve talked to about the effect (negative) software patents have on us all.

[...]

While looking for the SIFT patent, I did find US patent numbers 7,639,897 and 7,711,262 which both cover guiding a user of a digital camera in making a panorama photo. They seem awfully similar to me, although obviously there’s a giant difference (sarcasm doesn’t work in writing unless Penny Arcade does it) between sweeping a scene and then re-photographing it and indicating already-photographed areas as the scene is swept. I guess there’s no patent yet on not helping at all.


Fighting patent aggression the open source way [see Acacia for details]

For the open source community, it's worth noting with pride that a substantial portion of the prior art used in the case was identified by community members. Groklaw helped rally support, and drew many prior art contributions. The Open Invention Network's Linux Defenders program posted the patents on its Post-Issue Peer to Patent page, and drew numerous useful contributions as well. In fact, all of the prior art used as prime examples at trial (Apple Switcher, Commodore Amiga 1000, and Chan Room Model), were identified on both Groklaw and Linux Defenders. Many thanks to all who contributed and showed how open source can help invalidate patents that should never have been granted.

Explaining prior art to a jury is itself an art, and our invalidity expert, Dave Wilson, did a great job. He was smart and engaging, and managed to make some challenging material really interesting. For those interested in the technical details on invalidity, I'm posting his entire testimony, but here are a couples of excerpts that will give some idea of what he did.


Chien: Recent History Suggests that Supreme Court will Rule Bilski's Claim Unpatentable [see background/index to Bilski]

Professor Colleen Chien (Santa Clara) has written an interesting new article on the importance of amicus briefs in patent cases. Her article is titled Patent Amicus Briefs: What the Courts' Friends Can Teach Us About the Patent System and is available online at SSRN.

[...]

The abstract:

Over the last two decades, more than 1500 amici, representing thousands of organizations, companies, and individuals, have signed onto amicus briefs in over a hundred patent cases, many of them representing landmark decisions. This paper turns the spotlight on these "behind-the-scenes" actors in the patent system. It combines theoretical insights with an empirical study of amicus briefs filed in patent cases over the last 20 years in an examination of who is interested in the patent system, the positions they have advocated, and the effectiveness of their advocacy. Amicus filers have been instrumental in shaping the courts' agenda; the Supreme Court was seven times more likely to grant cert, and the Federal Circuit eight times likely grant a petition for en banc rehearing, if urged to by an amicus. However, while certain briefs have been important, overall the balance of briefs on the merits have not had a measurable impact on the courts' rulings. One exception has been the briefs of the US Government, which have been exceptionally prescient. Over the 20 years studied, every single amicus brief authored by the US Government in a Supreme Court patent case except one predicted the case outcome. That is to say, in almost all cases, the Court affirmed or rejected the lower court holding when the Government told it to, and in one case, dismissed cert as improvidently granted when the Government recommended doing so. In terms of who files briefs and their agenda, the results are somewhat surprising. Although debates about the patent system are usually cast as a fight between the pharmaceutical and hi-tech industries, patent lawyers comprise a powerful interest group, filing the most briefs of any single group. In addition, among companies, what seems largely to determine how they advocate is their business model – non-practicing entities, for example, nearly always weighed in for the patentee and public companies, often against the patentee. These and other results have implications for those seeking to understand the patent system and those seeking to influence it.


The Suicide Belt [Monsanto strikes again]

He is one of nearly 200,000 Indian farmers, many of them cotton growers, to commit suicide since 1997. In fact, suicide among farmers in India has become so prevalent that officials in New Delhi keep a tally. Hanging and consumption of poison are the common methods of death, and most farmer suicides have occurred in India’s cotton belt, which extends from Hyderabad north to Nagpur, at the geographical center of India, and east to the state of Gujarat.

[...]

Cotton seed has historically been among farmers’ lowest expenses. During the harvest, cotton growers would cultivate crop seeds and save them for the following season. As a general practice, they also would swap seeds with neighboring farmers, ensuring through natural selection that subsequent generations of cotton seed would be best suited for the region. Although local cotton did not provide the same potential yields as cotton seed from the Americas, it had adapted to India’s unique climate — an intense monsoon season followed by months of drought.

Monsanto helped to abolish this practice. At the turn of the century, the company introduced a genetically modified cotton plant that produces bacteria known as Bacillus thuringiensis, or Bt, a commonly used pesticide against bollworm. When Bt cotton seed first came to market nationwide in 2002 under the trademark Bollgard, a box recommended for one acre of farmland was 1,400 rupees, about $35, a substantial amount for a farmer who in a good year will earn a few hundred dollars to support his family. Although government-regulated prices have been halved to 750 rupees per box — a predatory pricing lawsuit filed by the state of Andhra Pradesh forced Monsanto and the federal government to lower the prices — the input costs of Bt cotton are still more than the average farmer can afford to spend out of pocket.


Developing Countries Blast WHO Report On IP, Demand “Credible” Approach [intellectual monopolies always suppress the poor, by design]

A critical report on financing research and development of medicines for the world’s poorest was created without transparency, failed to live up to its mandate, and did not address the potential threat that intellectual property rights can pose to access to drugs, developing countries said today at the World Health Assembly. But a proposal by a group of Latin American countries for a new intergovernmental working group was not accepted by developed countries and others and quick informal consultations began to work out differences before the end of the assembly this week.

[...]

Even the United States – generally supportive of the group’s work – said it was “regrettable” that information on process and manner of work was not included in the report itself when published, and that member states did not hear about it until last week’s informal meeting (IPW, WHO, 14 May 2010).


Recent Techrights' Posts

Hiring for Tech Roles Based on Perceived Loyalty is No Better Than Hiring to Meet Diversity Quotas
What we're seeing right now is a national security disaster and it is almost purely about technology
S.E.O. SPAM by Serial Sloppers With L.L.M. Garbage is Hurting Linux
We continue to run Slopwatch
IBM Says That Half of Its "Assets" is Basically Pure Fiction ("Goodwill")
It times get tough, IBM can sell "Goodwill" at the local pawn shop and pay back the lenders, right?
 
Links 01/02/2025: Chinese and American Censorship, Cloud-[sic]Native Targeted by Software Patents
Links for the day
Links 01/02/2025: Belated Happy New Year 2025 and Gabbro 0.1.2
Links for the day
Links 01/02/2025: Administrative Chaos and Aviation Disasters Persist
Links for the day
Arrested: Albanian Outreachy whistleblowers, Sonny Piers GNOME & Debian connections
Reprinted with permission from Daniel Pocock
Links 1/2/2025: LLM Hype Revisited, Linuxwashing by Oumi
Links for the day
Growing Evidence That the Patent Industry Has Become a Major Scam
Seeing that the patent "industry" has turned to serious crimes (sometimes to cover up corruption) and seeing that the net negative is clearer for all to see, people who argue for abolition of all patents will have a field day
Planet Ubuntu Overrun by LLM Slop? Faizul "Piju" 9M2PJU Seems to be Publishing Fake Articles About "Linux"...
Maybe it is "assisted" by LLM slop, but slop is slop and it introduces many problems
Gemini Links 01/02/2025: LLMs, Analog Computer, and BorgBackup
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 31, 2025
IRC logs for Friday, January 31, 2025
Links 31/01/2025: Mass Layoffs at Amazon and Microsoft, Sweden Again Fails to Protect Critics of Violence
Links for the day
Slopwatch: Fake Articles About "Linux" and More (Latest Roundup Featuring BetaNews, Janus Atienza, and Brittany Day From Guardian Digital, Inc)
LLM slop season
Microsoft Staff Explains How Microsoft Swindled Employees and Avoided Paying Out Severance Pay (Microsoft Hasn't Much Money Left in the Bank)
This is a classic way to avoid paying workers
"Not one of us" by Dr. Andy Farnell
Elon Musk has brought embarrassment to nerds and technologists
Gemini Links 31/01/2025: "Bulletin Buble" and "Why Blog?"
Links for the day
Static Site Generators (SSGs) Pay Off: Vastly Faster Sites, Much Smaller Hosting Bills
success story for SSGs
Of Note: Linux Foundation Has Already Let Linux.com Rot for About 4 Months (No Activity)
there's no campaign aside from marketing spam there
Techrights Should be Even Faster Now
We're now better off
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 30, 2025
IRC logs for Thursday, January 30, 2025
Richard Stallman (RMS) Gave 3 Talks in India in Less Than a Week
In India this month we've not seen a single negative comment about RMS
Indian Data Biases statCounter For or Against "Linux"
In statCounter, the GNU/Linux increases and decreases are deeply tied to what it does with data collected in India
The Corporate Media Pretends That Facebook ("Meta") Has Performed Well, But Its Debt Doubles Every 2 Years Despite Mass Layoffs
That same media also helps parrot misleading financial claims
Microsoft's Debt Surged by More Than 6,000,000,000 Dollars in Just 3 Months
numbers released hours ago
The Sheer Irony of Microsoft Proxy Accusing Others of 'Stealing'
Wherever DeepSick's data came from, Microsoft (or its proxy) is in no position to issue criticism.
The Difference a Decade (and GAFAM Money) Makes
Credibility cannot be purchased
[Meme] The Free Software Foundation (FSF) Has Critics Because Its Message is Effective
Applying to others the same standards one is willing to violate?
The Free Software Foundation (FSF) Raised $422,000 (Another $22k in the Two Weeks After Campaign Ended), Proving That Truth and Justice Tend to Find a Way
10,000+ dollars a week even without campaigning for more funds
Faking Revenue Increase by Buying Your Own Products and Services (Through Scams and Scammers Like Scam Altman)
Is this what society deserves? Media that instead of exposing corruption has chosen to participate in it and profit from it?
Microsoft Mass Layoffs Without Severance Pay Reported Hours After Microsoft Reported Weak Numbers and Microsoft Stock Fell
Microsoft has a bloodbath this month
Links 30/01/2025: Fentanylware (TikTok) Causes Deaths, FBI Seizes Domains
Links for the day
Gemini Links 30/01/2025: Action vs Inaction, Gopherholes, and More
Links for the day
Another Slew of Fake Articles About 'Linux' and 'Security' From Brittany Day at linuxsecurity.com (Spamfarm/Slopfarm)
linuxsecurity.com is basically a pariah and parasite. It lessens the incentive to write real articles about "Linux" by generating fake ones to outrank the originals.
Links 30/01/2025: Microsoft Wants Convicted Felon to Give Fentanylware (TikTok) to It (After Making a Phonecall Asking for That in 2019), "Moving Away From Google's Ecosystem"
Links for the day
Jack M. Germain (LinuxInsider) Seems to Have Turned to LLM Slop, Graphics Slop, and B2B SPAM
LinuxInsider is barely active anymore
Links 30/01/2025: Amazon Layoffs and DeepSeek Panic
Links for the day
Gemini Links 30/01/2025: Chaos Reigns, E-mail, Searching
Links for the day
IBM: Many Thousands of Layoffs in 2025
If 2025 is expected to be the same, then perhaps about 20,000 IBM workers will no longer be there
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 29, 2025
IRC logs for Wednesday, January 29, 2025