Bonum Certa Men Certa

Keeping the Software Patents Monster Caged in Japan and in the United States

WWI propaganda poster (US version)
DESTROY THIS MAD BRUTE - Enlist U.S. Army" is the caption of this World War I propaganda poster for enlistment in the US Army. A dribbling, mustachioed ape wielding a club bearing the German word "kultur" and wearing a pickelhaube helmet with the word "militarism" is walking onto the shore of America while holding a half-naked woman in his grasp (possibly meant to depict Liberty). This is a US version of an earlier British poster with the same image. Dated ca 1917. [source: Wikipedia]



Summary: Why software patents should be confined geographically, as Microsoft mostly manages to extort Linux distributors in few places that acknowledge patents (monopolies) on algorithms

LWN, one of the best Linux sites out there, says that In Re Bilski means "business [method patents] as usual" (that's the headline).



"Business method patents nearly bite the dust," says SCOTUS Blog in the headline. In summary:

Reflecting on Justice Stevens’ lost majority opinion in Bilski


Brad Feld, a critic of this system [1, 2] with a long series of rants about software patents, previously wrote about "Why Bilski Really Means That Software Companies should leave the US" (snippets in Digital Majority).

The problem is made greater when countries other than the United States become equally hostile towards software developers and more friendly towards their lawyers.

According to this patents blog, there are changes in Germany that almost overlap horrible news about the Siemens case [1, 2, 3, 4, 5] and even Microsoft's FAT patent (upheld in Germany).

The German Federal Supreme Court (Bundesgerichtshof) has recently made clear that every court has to take into account preceding decisions of the European Patent Office (EPO) and of courts of other contracting states to the European Patent Convention (EPC) if these decisions essentially concern the same questions. Although there is no principle of precedence in Germany – neither in respect of German nor of foreign decisions –, the recent ruling of the Federal Supreme Court (Bundesgerichtshof, 15 April 2010, Xa ZB 10/09 – “Walzenformgebungsmaschine”) requires more than just regarding other decisions with favour. Every court has the obligation to deal with the arguments brought forward in other – German, EPO or foreign – decisions.


Two years ago it was a Symbian-related case that seemingly brought software patents into Europe via the UK. Earlier this year Germany's legal system was named as a similar type of culprit and it's important to watch and report these precedences. According to this report, DENSO, which is based in Japan (where software patents are legal), has just signed a patent deal with Microsoft. Linux is not mentioned at all, except by The Register which brings TomTom's case into it (gymnastics in logic?):

Microsoft scored yet another patent licensing deal yesterday, this time with automotive tech firm DENSO Corp.

[...]

Famously, Microsoft's original court allegations over the three file management patents involved TomTom's use of the Linux kernel, and according to Redmond at the time the settlement provided TomTom with coverage under those three patents in a way that was compliant with TomTom's obligations under the General Public License Version 2 (GPLv2).


Many people must have noticed by now that Microsoft is capable of signing Linux-hostile software patent deals in the few places other than the United States (where Xandros, Linspire, and Novell are/were based) that acknowledge software patents. Examples include Fuji Xerox, Turbolinux, Kyocera Mita, and I-O Data (based in Japan too). It is therefore important to ensure that software patents never reach Europe, not in any formal sense anyway.

Korean giants like Samsung and LG have sold out to Microsoft as well (software patents are arguably valid over there). These two companies pay Microsoft for Linux on any items they sell, so it's not clear why some Linux proponents are jubilant:

LG, Samsung big on Android



[...]

And now most other mobile phone makers, and those readying to ship tablet PCs, are embracing Android. Among them are LG and Samsung both of which are on the brink of releasing Android-based devices.


Microsoft makes money from those. It is better to buy an Android handset from Motorola, for example.

Recent Techrights' Posts

In Malawi, Windows Down to 10%, GNU/Linux Growing
it's not a small country
[Meme] Featuritis
Newer is not always better
 
"Planets" Cannot Replace Social Control Media, They're Very Much Akin to It (Censorship Hubs, Gatekeepers)
Don't be subjected to gaslighting; make your own OPML file
Topics That Truly Irritate and Consistently Infuriate the Microsofters (Whenever We Cover These)
Censoring uncomfortable information is a difficult activity that has its limits, even in Reddit
Honduras: Vista 11 Down, GNU/Linux Up
Valve sees GNU/Linux as bigger than Apple's MacOS
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 13, 2024
IRC logs for Thursday, June 13, 2024
LibrePlanet 2024 and the Lost Video/Audio of Talks
After the event was over someone informed us that due to technical issues they had lost (or failed to acquire) recordings of the talks
Choosing Between Options to Outsource to Evades the Best Solution (Self-Hosting)
Most users don't need this sort of complexity
IBM Layoffs at Kyndryl
This can soon spill over to Red Hat
Turkmenistan: GNU/Linux Leaps Past 5% This Month?
This is how statCounter sees it
Watch This Space
what matters most is not the volume or quantity of publications but their underlying depth and quality
Short Downtimes, Planned Maintenance
Hypervisor maintenance is planned
Links 13/06/2024: Ongoing Sharp Increases in Deaths, Mediterranean Diet Linked to 23% Lower Risk of Death in Women
Links for the day
Gemini Links 13/06/2024: Linuxing of the Dell Laptop and Deep Dive into the World of the OpenEarth Foundation
Links for the day
New Highs for Android in Haiti (Nearly 80%), Microsoft Windows at Only 4%
that's Android at another new high and very close to 80% (it now seems inevitable)
[Meme] How Stefano Maffulli (and Microsoft's Own OSI Insiders) Make Money
Milking what's left of the OSI by attacking its very mission - something that more people now recognise
Mobs Don't Get the Job Done (Mob Leaders Have Lost Credibility/Visibility, Job, or Both)
their demands weren't met
Montenegro: GNU/Linux "Proper" at Over 6%
Windows is down to record lows
Links 13/06/2024: Overpopulation Woes, Best Buy Lays Off More Employees
Links for the day
Nationwide Eventually Did Listen
Miles better than their original nonresponse
The Corruption of Open Source Initiative (OSI), a Front Group of Microsoft and GAFAM, Openwashing Proprietary Things and Even Plagiarism, GPL Violations
Stefano Maffulli (and Microsoft's staff that works with him) basically profits from anti-FOSS
"AI" Tech Bubble
How much "hype quotient" does this whole "hey hi" (AI) thing have left in it?
Links 13/06/2024: Science, Politics, and Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 12, 2024
IRC logs for Wednesday, June 12, 2024
Gemini Links 12/06/2024: The Rodent Revolution and Adding Twisty Puzzles
Links for the day
Links 12/06/2024: Ukraine War Updates and Many Patents Being Subjected to Squashing Bounties
Links for the day
Ireland Last to Report Election Results
Daniel Pocock's involvement in Australian politics goes back to his university days
Never Sleeps, Never Slumbers
We're going to try to improve not just in quantity but also in quality
[Meme] The Purpose of Life is to Find a Desk
dogs have desks
EPO Has Gotten So Bad That Workers Need to Ask to be Allocated a Desk (at Work)
Wow!!!! An “allocated workplace”!!
Tux Machines Parties Going Well Do Far
Cross-posted from Tux Machines
In Many Countries, Both Large and Small, Vista 11 is Losing Market Share (Despite New PCs Coming Preloaded With It)
One need not even consider large nations in isolation
By "Going Public" the Raspberry Pi Ensures It'll No Longer Serve the Public
It'll be owned and controlled by whatever people wish to control it
Dave Wreski Also Plays the Bot Game (Chatbot) at LinuxSecurity to Fake 'Articles' About "Linux"
How much longer can they fool search engines (SEO) and readers?
[Meme] Indisputable Success
MICROSOFT buys shares of MICROSOFT
Links 12/06/2024: 'Hey Hi' (AI) Bubble Imploding Already, Danish Media Threatens to Sue OpenAI
Links for the day
Links 11/06/2024: Floods in Germany and Brazil, Political Violence
Links for the day
Gemini Links 12/06/2024: Sketching Plants, OpenBSD Pubnix
Links for the day
"2025 the year of Linux on the Desktop"
Charlie Stross quote
In Bahrain, Historically Low on GNU/Linux Adoption, Things Change for the Better
They have some people who understand Free software
Daniel Pocock Received Twice as Many Votes as Andreas Tille (Debian Project Leader After 2024 Election)
From the media yesterday...
Debian is Built by Hundreds of Volunteers and 524 Irish People Voted for Daniel Pocock
524 in that area went to the polling station to vote Daniel Pocock (Ind)
[Meme] RMS is 'Too Old', Says Company Run by a Person 5 Years His Junior (Ginni Rometty) and 10 Years His Junior (Arvind Krishna)
Never again?
[Meme] Women in Computer Science
Grace Hopper, Ada Lovelace etc.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 11, 2024
IRC logs for Tuesday, June 11, 2024
Togo: GNU/Linux Growing Fast This Year, Now Measured at 6%
Sending Bill Gates with a suitcase to bribe African officials isn't enough anymore
Free Software Projects Need to Chase Away Men Who Attack Women Rather Than The Women Who Complain
A just society holds people accountable rather than covers up such blunders
Improving the Image of Women in Free Software by Hiring and Promoting the Proficient Ones
Million's shaman background isn't the problem, or even the superstitious ghost-chasing. The problem is that she has absolutely no background in Free software.
They Say Cash is King
People who value their freedom will pay with cash any time they can
'Team Microsoft' Wants to Leverage Our Popularity as a Weapon Against Us
In the past 2 days we published 64 articles and served over a million HTTP/S requests