Bonum Certa Men Certa

Patents Roundup: Bosch Security Systems Patents Signals, NetApp Bullies ZFS Providers, New Zealand Infiltrated by Foreign Lobby 'NZ'ICT

Computer room



Summary: Software patents continue to cause trouble and New Zealand's law is under attack by a lobby of multinationals

Bosch Security Systems



IN THE previous post we showed how software patents are being used to suppress innocent developers. Based on this new report, Bosch is also patenting software (not the Bosch which is based in Germany).

The software’s patent-pending digital signal processing technology enhances the performance of receivers when interpreting these signals by more than 75 percent.


This looks like yet another patent on mathematics/multimedia, just like the example we gave half an hour ago. This has got to be stopped. Video is at stake too [1, 2, 3, 4, 5, 6] and based on some new benchmarks/comparison [1, 2], it can probably be resolved by moving over to WebM. From the summary:

Moscow State University's Graphics and Media lab have released their sixth MPEG-4 AVC/H.264 video codecs comparison. Also of note is a recently added appendix to the report which compares VP8, x264, and Xvid. The reference VP8 encoder holds its own against x264 despite the source material offering x264 a slight advantage. The VP8 developers comment in the report: 'We've been following the MSU tests since they began and respect the group's work. One issue we noticed in the test is that most input sequences were previously compressed using other codecs. These sequences have an inherent bias against VP8 in recompression tests. As pointed out by other developers, H.264 and MPEG-like encoders have slight advantages in reproducing some of their own typical artifacts, which helps their objective measurement numbers but not necessarily visual quality. This is reflected by relatively better results for VP8 on the only uncompressed input sequence, "mobile calendar."'


MPEG-LA patents are US patents, so the problem can also be resolved by ending software patents in the US -- a task which SCOTUS neglects to achieve for the time being.

United States



An American VC, Brad Feld, recognises that software patents are a travesty and he actively works against them. A friend of his has just explained "Why Bilski Really Means That Software Companies Should Leave the US":

My friend Sawyer was as disappointed in the outcome of Bilski as he was in the ending to LOST. In fact, he asked if I’d change his pseudonym to Joseph Adama of Caprica but I vetoed this over extreme nerdiness. Nonetheless Sawyer let loose on Bilski and helps clarify both his perspective on why the Supreme Court took such a milquetoast approach as well as what one of the unintended consequences of their action – or lack thereof – will be. And for those of you who have forgotten Sawyer’s background, he’s a patent attorney that is channeling his opinion through me. And we’ve been discussing setting up a very large data center on an island somewhere in the middle of the Pacific Ocean.


Paul Kedrosky has just co-authored (with Brad Feld) the following article titled "Software Patents Need to Be Abolished" (also here):

The U.S. Supreme Court just blinked. In the landmark Bilski v. Kappos decision announced yesterday, the Court had a chance to right a patent wrong. It didn't. Instead, in a cautious and internally contradictory decision, it further fuzzified the mess that is the U.S. patent system -- and it will have sad consequences for innovation in this country. It was terrible timing for a loss of legal nerve.

[...]

Far from encouraging innovation and advancement in the "useful arts," as the Constitution originally envisioned and Congress wanted, software and business method patents have become a quasi-legal poison pill. Sometime it's from patents obtained years after application via circuitous paths and bankrupt companies, and sometimes it's straight-up planned extortion. Either way, these "patent trolls" lurk in the shadows, waiting for someone to unknowingly infringe. Then they sue in patent-plaintiff-friendly jurisdictions (of which there are ranked lists - we kid you not), forcing defendants, often small, unsophisticated companies, to settle rather than face the cost and uncertainty that defines litigating a patent case against a well-capitalized troll.

The costs associated with this are immense, as is the innovation penalty. Software companies now must file defensive patents just to make sure that they are not later submarined by useless patents originating with patent attorneys themselves or at failed software companies. We have officially exited economics and entered Kafka's courts.


"Patent Office Says No to Supreme Court and Software Patents," suggests this curious new report:

Under the machine-or-transformation test, a business method (read as software) must be tied to a particular machine, rather than run on a general machine like a computer, or transform something from one state into another. The subject of the transformation can be data, but, as you might expect, transformation can largely be in the eye of the beholder.

The PTO has faced a major management problem for years: the flow of patents in vastly exceeds its capacity to process them. Additional money and headcount haven’t really helped, so over the last few years, the PTO seemed to try raising hurdles to discourage applications. Given the volume of software patent applications, reducing them would clearly help slow the incoming volume, which is something the patent office would love to do.


Yesterday we mentioned the attack of NetApp against the California-based Coraid. What was Coraid's offence? Distributing free/open source software (ZFS), apparently. Here is a new article that's dedicated to the subject.

Storage startup Coraid may face legal action from NetApp if the company does not cease plans to sell the Coraid EtherDrive Z-Series NAS appliance based on the open-source Zettabyte File System (ZFS).

Coraid issued a letter to its customers this morning in which CEO Kevin Brown announced the company has temporarily suspended the general availability of the EtherDrive Z-Series.


Software patents have become suppressors of software freedom. They need to be stopped, or at least their expansion ought to be stopped. A predominantly US-based lobby is trying to spread these patents to other countries.

New Zealand



Down in New Zealand it becomes a political debate (we last wrote about this yesterday). "NZCIT [sic] is a proxy for software multinationals, not Kiwi businesses," emphasises the president of the FFII who also points out that "they will fall into the EPO trap of "as such"..."

Here is the latest report which shows the process being politicised.

The software patent debate is opening old sores associated with the change of government and government’s interface with the ICT industry.

A question that runs through or subtly underlies comments on the controversy in several online forums, is to what extent the NZICT Group represents New Zealand’s ICT industry and customers.

The Labour-led government set up the Digital Development Council (DDC) and Digital Development Forum (DDF) as an umbrella for ICT developer and user communities – TUANZ, InternetNZ, the NZ Computer Society and so on.


Again -- NZICT is not representing New Zealand’s ICT industry and customers [1, 2, 3, 4, 5]. Just because it has the letters "NZ" in the beginning doesn't mean it's pro-New Zealand. NZICT is more like an invader. It should be pushed out or at least excluded from debates about New Zealand's laws.

Recent Techrights' Posts

Why Chatbots Based on LLMs Cannot Be Improved Even If More Energy (Money) Gets Wasted on Them
nobody can do it well
The Generations of CS Are Coming to 'End of Life'
Nowadays everything that is a computer is somehow called "hey hi"
Links 05/05/2026: "Republicans Made Children More Expensive" and "Internet Blackouts" Cripple Economies
Links for the day
 
Codecs and Software Patents - Part II - AV1 and HEVC Not Really Safe
We are, in effect, looking at a sort of cartel (like the one which came out of Germany with MP3)
The Corrupt Lecture the Non-Corrupt - Part XIV - Antisemitism Inside the EPO
A sensitive topic for the European Patent Office (EPO)
Gemini Links 06/05/2026: Childhood Memories, Intense People, and Natural Web Exploration
Links for the day
Links 06/05/2026: Narges Mohammadi in Critical Condition and Copyright Infringement Rampant in Reddit
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 05, 2026
IRC logs for Tuesday, May 05, 2026
Ubuntu is Run by "N00bs" (and It Shows)
GNU/Linux users are not a small niche anymore
Gemini Links 05/05/2026: Bad Health, Pomera DM250 On Linux, and Children Using DO
Links for the day
Reading Closely What Microsoft Put in the Report, Expect Many More Layoffs Later This Year
The only thing that they grow rapidly is their debt
IBM is Collapsing, the People Responsible for the Collapse Aren't the Victims
IBM management has plenty of things to distract from right now
Media: Let's Repeat the Lie About Mass Layoffs Being a Win for a Buzzword
This says so much about the state of today's media
Links 05/05/2026: Live Nation Problems, Growing Tensions in the Gulf Again (Energy Crisis)
Links for the day
Gartner Pays The Register MS and the Effect is Visible (IBM Promotion; IBM Also a Sponsor, of Both!)
Follow the money
The Register MS Published Fake Article That Mentioned "AI" Almost a Dozen Times. It Got Paid to Do This.
If you keep seeing the term "AI" quite a lot in the media, be sure to check who pays for it
Links 05/05/2026: Germany, Depression, and Control of Online Discourse in Geminispace
Links for the day
Microsoft Lunduke Has a Serious Problem: He's Fronting for Sites That Insist on Exposing Children to Pornography
He's even contradicting himself a lot
What "Age Verification" Laws Are About
We know based on experience (even predating the Web) that kids will find workarounds, so such restrictions are difficult to enforce
Unsustainable 'Tech' (Debt) Giants Rely on US Taxpayers for Bailouts and Subsidies
In the past 6 months Oracle and Amazon alone borrowed over 100 billion dollars
Future-Proofing Techrights
2 days from now this site turns exactly 19.5 (years)
Microsoft is Waning Like IBM
There will be lots of "ex Softies" or "former Microsofters" out there
Chatbots Are Not Replacing Web Search, But They Contaminate Results
People still value pages written and curated by humans; they use search engines to find these
SLAPP Censorship - Part 67 Out of 200: Graveley and Garrett Claims Against My Wife and I Assert 'Distress', But It Was Just a Copy-Pasted Template (Mechanical Crocodile Tears)
Can barristers charge 10,000-15,000 US dollars (about $1,000-1,500 per page!) to do such shoddy, sloppy work?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 04, 2026
IRC logs for Monday, May 04, 2026
Links 05/05/2026: Energy Crises, Data Breaches, and Journalists Murdered
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XIII - Health and Safety With Cocaine
That they are trying to approach us (the President's own family) is a sign of weakness
Codecs and Software Patents - Part I - The 2026 Status Quo
It's frustrating to see how little (almost none) media coverage exists for these sorts of matters
Gemini Links 05/05/2026: ASCII Chessboard Without HTML and Ongoing Antenna Migration
Links for the day
Links 04/05/2026: Economics of Slop Discredited, Democrat and Republican Voters Want Cuts to Data Centres
Links for the day
IBM's "FutureNow" is the Rebranding of the Client Innovation Center (CIC), for Lobbying Purposes by IBM While Halving People's Salaries
So says a new comment
Libera.​Chat Openly and Publicly Admits It Has an LLM Slop Problem (Chatbots in Its Channels)
If there's a policy that bans chatbots (not humans), there's even a moral imperative for it
Microsoft: Yes, We Are Losing Windows Users and Yes, We Have Problems With Payroll (So We Lay Off Essential Workers)
From what we can gather, "hey hi" is now the name of everything at Microsoft
Ubuntu.com While Ubuntu.com is Under DDoS Attack and Intermittently Offline Due to Windows Botnets: Don't Use Ubuntu, Use Windows Instead
Unbelievable, as this is their advice when Windows zombies hammer away at their Web site and general infrastructure
Links 04/05/2026: "DNC Covering Up Its 2024 Autopsy" and Rudy Giuliani in Critical Condition
Links for the day
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
ChromeOS and GNU/Linux Exceed 5% in New Zealand
Can we expect New Zealand and Australia to divest from GAFAM?
Links 04/05/2026: Energy Shortages Become More Visible, Germans Reject Military Service, Merz Says US 'Humiliated' Over Iran
Links for the day
KDE's Cornelius Schumacher Explains Why You Should be Slop-Free
Output is not measured by quantity of words
The Real News is Botnets (e.g. Windows With Back Doors), Not Iran
Let's focus on the botnets [...] Microsoft's aim is the opposite of security
SLAPP Censorship - Part 66 Out of 200: Alex Graveley Did Illegal Things, Then Asserted Mentioning Those Illegal Things is Privacy Violation
Alex Graveley "has suffered damage and distress" when the public found out he told women to kill themselves
The Corrupt Lecture the Non-Corrupt - Part XII - Outsourcing Everything to Microsoft, Which is Illegal
Today's EPO isn't about technology or law
Melissa Chan on Why Press Freedom Matters to Everyone, Not Just Journalists
dispelling a myth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 03, 2026
IRC logs for Sunday, May 03, 2026
Gemini Links 04/05/2026: Another Old Web Pillar Gone and Simple Lobsters Mirror for Gemini
Links for the day