Bonum Certa Men Certa

Patents Roundup: FFII Founder on IBM, Shazam Has No Case, Microsoft Wants to 'Own' Page-flipping, and Software Freedom is Hurt

Flipping pages



Summary: Founder of FFII says Florian Müller's IBM-bashing currently does not have a basis in any existing movement; other new examples of patent news

TODAY we would like to deal with some bits of news about software patents. Much of this was covered before but with different sources at hand.



Hartmut Pilch, the FFII's founder, has commented on Florian Müller's IBM phobia in the comments section of this post we mentioned a few days ago. He wrote:

I wouldn’t exclude the possibility that Florian M. could once more gain some following, even though some parts of his agenda, such as IBM-bashing, currently do not have a basis in any existing movement.


This is not entirely true because while the FFII remains critical of some aspects of OIN, it is not alone either. Criticism of IBM does have its place, but Müller goes too far and "FOSS" is not a priority of his, based on what he writes at least.

“One software patents story which makes a lot of people angry is Shazam's action, which is carried out through a litigious proxy.”The patent troll called NTP was mentioned here yesterday and its lawsuit against almost everyone has generated hundreds of English headlines, including this report from AP (there is a load of other coverage [1, 2], which makes it easier for historians to find and there is therefore no need for lists of pointers). NTP has been doing this for years (targeting fewer companies) and this case will help define people's perception of software patents. In this case, wireless E-mail is the claimed infringement. It's rather outlandish.

One software patents story which makes a lot of people angry is Shazam's action [1, 2], which is carried out through a litigious proxy. The story of the victimised Dutch developer has received some wider exposure [1, 2] and as TechDirt puts it, Landmark Digital is a "BMI subsidiary which owns the patents on Shazam's music recognition technology" (i.e. it's another front like the RIAA). Michael says:

The story is a perfect example of the ridiculous situation with patents today. Basically, the guy noted that what Shazam does in recognizing music is really not that complicated, and explained how to create something similar yourself, which he did himself in a weekend. He had not released the code, but was planning to do so when the legal threats came in. The guy wondered what patents they were talking about specifically, especially considering that in Europe, the standards to patent software are much higher. In response, he was only told about two US patents (6,990,453 and 7,627,477 -- oddly, on that last one, Google still shows it as being patent pending, even though the patent was granted last year).


According to this news report, Roy van Rijn is doing something legal as long as he is in Holland. People should help van Rijn spread his code samples so that Landmark Digital/BMI/Shazam give up their patent bullying. They can fight one person more easily than they can find a whole crowd from all around the world (where their software patents are not even applicable).

Roy van Rijn, a developer based in the Netherlands, last month posted about his plans to release open-source Java code to implement a music matching algorithm similar to that used in Shazam, which lets users identify songs from brief audio samples.

His blog post describes how he implemented song matching in Java, with snippets of code. He said that while the code is not in a releasable state, he might clean it up and release it if there's enough interest.

[...]

EFF Fellow and patent attorney Michael Barclay agreed that posting code covered by a patent could put van Rijn at risk of a lawsuit, but noted that some critical details need to be determined.

"Merely posting the code on a Netherlands Web site would not infringe any US Patents," he said.

Landmark's claim, he said, appears to be overreaching unless the company has patents in the Netherlands. "If there are no issued Netherlands patents, he's free to ship and deploy all he wants in the Netherlands," he said. "The really sketchy part, and I don't know that this has ever been litigated, is he says don't post the code."


Some legal experts have gone on the record saying that software developers should consider leaving the United States because it's too risky to develop there. That's how Richard Stallman justified rejecting software patents in Europe; it puts Europe in a position of tremendous advantage. Brad Feld, an American VC who is strongly against software patents [1, 2], mentioned the story of van Rijn in a new post of his:

In case you need more evidence around the stupidity of the whole situation, take a look at the crap van Rijn is going through. Or maybe this patent from Microsoft on “how to turn a page in an electronic book.”


Here is an article about this Microsoft patent:

As if to dispell all doubt that innovation is alive and well in Redmond, Microsoft has filed a patent application for – wait for it – the "Virtual Page Turn".

Yes, with filing number 20100175018 at the US Patent and Trademark Office, Microsoft is seeking to patent the animation of a page-flip when a user makes the appropriate gesture on an ebook's touchscreen. As the filing reads:
A page-turning gesture directed to a displayed page is recognized. Responsive to such recognition, a virtual page turn is displayed on the touch display... The virtual page turn curls a lifted portion of the page to progressively reveal a back side of the page while progressively revealing a front side of a subsequent page... A page-flipping gesture quickly flips two or more pages.


John Boyd responds to Brad Feld and Paul Kedrosky, who co-wrote an article against software patents a few days ago. Boyd says:

I wholeheartedly agree most software patents are nonsense however and serve neither society, innovation or business. Given the complications here, is it natural to suggest that the Supreme Court make law here? Should this not be within the realm of are ever capable and cogent Congress to adapt patent law to modern types of innovation and invention? Or do we need to clone Jefferson, grow him in a lab until he can make a new law for us?


For background about Jefferson and patents, see this post. Software patents may in fact be unconstitutional. "Business methods and software still patentable in U.S. following closely- watched Bilski decision," says this new headline from the Montreal Gazette. It may take years to reverse this troubling trend, assuming it ever gets reversed. In the mean time, Free/open source software like ZFS will continue to be hurt by software patents [1, 2, 3]. The ZFS story is now among Slashdot's promoted submissions where it is discussed extensively.

Recent Techrights' Posts

Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025
The CoC Means the Founder of GNU/Linux Cannot Talk and a 72-Year-Old Man With Cancer is Somehow a "Safety" Risk?
Those who don't like RMS are not forced to attend his talks
Gemini Links 07/05/2025: A Shopping Spree and Digital Gardening
Links for the day
Links 07/05/2025: Pegasus Guilty and a Path Towards EU Without Russian Energy
Links for the day
People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025
Microsoft Finally Admits That XBox is ****
In this case, "enshittification" is an understatement
Another Wave of Microsoft Layoffs Comes Shortly. Microsoft Propaganda Sites and Slopforms Powered by Microsoft LLMs Already Spew Out Face-Saving Nonsense.
Based on last month's leak, some very extensive layoffs are now imminent [...] Perhaps we can expect a lot of noise, some of it spewed out by bots, to distract from or belittle the impending mass layoffs
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
Slopwatch: Microsoft Slop, Anti-Linux Slop, and IBM Marketing Itself as a Slop Company
Microsoft-controlled LLM spewing out garbage about "Linux"
Links 06/05/2025: Microsoft's Assassination of Skype After Years of Failure, Slop Hallucinations Are Getting Worse
Links for the day
Links 06/05/2025: Changing Places and StarGrid for PalmOS
Links for the day
Windows and Microsoft Causing Serious Data Breaches, Media Rushes to Blame That on "Linux" Somehow
While selling us some rusty old propaganda about how moving to Microsoft GitHub (Rust) will improve security
Making Site Archives More Easily Accessible (Approaching 50,000 Blog Posts)
Efforts to censor us have always backfired badly
Weaponisation of For-Profit Dockets - Part II: Hiding Behind Lawyers and Barristers Who Lack Standards so as to Engage in Classic Corporate Extortion
They're trying to scare people and they misuse their licence to operate
Links 06/05/2025: LLMs/Chatbots Attract More Scrutiny (Getting Worse Over Time), PwC Has Many Layoffs
Links for the day
Thanks for listening. How can this Morse feed be further improved?
Right now any and all feedback on the audio would be helpful
statCounter: Bing's Market Share Lower Right Now Than It Was When LLM Hype Began (With "Bing Chat")
If anybody gains at Google's expense in search, it is BRICS' alternatives such as Yandex
Gemini Links 06/05/2025: Failure and Proxmox Cluster
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 05, 2025
IRC logs for Monday, May 05, 2025