Bonum Certa Men Certa

Rob Tiller and A.J. Venter Explain Why Software Patents Are Bad, Apple Clarifies Patenting Other People's Software Ideas

"We've always been shameless about stealing great ideas."

--Steve Jobs, Apple



Summary: Latest evidence of software patents disdain and patent news about Yahoo, Apple, and Palm

In today's earlier post about patents we showed a lawyer, Professor Eben Moglen, opposing software patents. Rob Tiller from Red Hat is a similar case of someone who protests against software patents this week, despite him being a legalese type and not a developer. From his short article:

There's abundant evidence, though, that software patents serve this objective poorly. For example, as Bessen and Meurer explain in their book Patent Failure, the cost from litigation based on patents in some industries, including software, is several times the profits from patents. This means that for the software industry as a whole, patent costs exceed their benefits. This fact is still not common knowledge, but it is slowly sinking in, as patent litigation continues to grow.

Patent lawsuits (even meritless ones) can cost millions of dollars to defend. This reality creates an economic opportunity for non-practicing entities (a/k/a patent trolls) whose only purpose is to threaten and bring patent lawsuits. The large costs of defenses drive many defendants to settle by paying patent aggressors substantial sums taht are still less than the cost of defense. Such settlements may make business sense, but they divert resources that could be used for more productive purposes, like innovation.


There is another new piece from South Africa -- one which compares software patents to monopolies on numbers. Here is part of a long explanation:

So there you have it – not only is every program a number – they are all simple integer numbers that can be counted, and all the great skill and artifice of the programmer is really just a much more efficient way of finding the number we want – rather than counting through them all and checking if it is the one we want (which could take centuries to be honest).

You cannot ask for a more simple piece of proof that a program is in fact a number – that software is discovered rather than invented. The fact that we have very effective methods of discovering them does not change this and doesn’t change that you should not be able to patent numbers.

I still highly recommend reading the article I linked – especially if you are a lawyer or activist involved in the software patent field as it explains the underlying theories very clearly. Effectively it tells you how it came to BE that these numbers are useful, and how we derive their particular useful meaning from them. That process of derivation is what computer hardware does, and a better tool to do that with is patentable (which is why you should indeed be able to get patents on computer hardware), but go in with this basic understanding. That every computer program really is just a number, that those numbers can be reached by simple counting – I’ve proven this to you here, and all of computer programming – as wonderful and delicious and artistic a field of endeavor as it is – is really in the end – just a faster way to count to a number that we like. This does not reduce from programming any of it’s artifice, if anything it adds to the merit of the field because the processes by which we count are complex and fantastic and beautiful and we are always looking at ways to count even more effectively so we invent new programming languages and ideas like agile programming to help us do it even better – but in the end, the results is just a number that anybody could have counted to – and that is NOT an invention you can patent.


The company once known as "Yahoo" (now a shell of Microsoft with troubling history as "de facto pyramid scheme," according to a fascinating new piece from this prominent former employee) has just beaten a parasite and won a case involving software patents:

ITS A PATENT WIN for Yahoo this week as the web portal opens the champers after winning the Bright Response patent case.

Bright Response sued Google and Yahoo for nicking its '947 patent, which covers the invention of an automatic message interpretation and routing system.


Further to the FutureTap story [1, 2] (Apple potentially threatening a company that produced an application for its platform), there's "damage control" from Apple:

Apple Confirms They’re Not Trying To Kill Third-Party Apps With Patents



Reading over the comments on our post (and let’s be honest, who doesn’t?) about the Apple patent diagram fiasco last week, you would have thought Apple was the most evil company in the world. Many believed that Apple was attempting to patent ideas that third-party developers came up with. Essentially, the thought was that Apple was trying to steal from their own developer community — and were doing so that blatantly. I mean, people actually believed that.

As we noted at the time, this was not likely the case. Instead, Apple was probably just using diagrams of existing third-party apps for examples of other things they were actually trying to patent. Lo and behold, today comes word from the third-party developer at the center of all of this confirming this to be the case.


Why did Apple patent that if there is prior art and there is no interest in offence? Apple has, after all, decided to attack Linux-based phones using software patents. Apple sued over Android and it has already intimidated Palm (over WebOS) using patents. It turns out that Palm (HP) is now patenting what may have remained from Foleo.

That’s where Palm’s freshly-filed patent for “Compact removable voice handset for an integrated portable computer system/mobile phone” comes in. It takes the ill-fated Folio concept to a whole new level by turning the pre-netbook into a dock for the phone that acts as an input device, larger screen, and other magical things. The patent notes that while the connection is decidedly physical, the phone and computer could also communicate wirelessly.


It will be interesting to see what Palm does now that Hurd is out and Microsoft is in (in the form of a Vice President responsible for software). In any case, under HP's wing, Palm needn't fear Apple's patent artillery anymore. Apple is a patent aggressor whose patents are very often imitations of other companies. Earlier today we found this suggestion that governments should ban the Apple hypePhone. Linux on the contrary should be preferred for the ability to inspect code. As the author puts it:

Android on the other hand is secure by design as it is based on the most advanced kernel's in the world -- the Linux kernel. This is the reason most mission critical businesses now use Linux.

Unlike Android which is open source, the closed source nature of Apple technologies like iTunes makes it impossible for end users to know what is happening to their information and data.


As we showed days ago, Apple is also negligent when it come to patching its operating systems, all of which are proprietary.

Recent Techrights' Posts

EPO General Consultative Committee (GCC) Agenda: Reduction of Staff's Salaries (Compared to Inflation)
knocking salaries down some more
What's 4Chan and Why It's So Problematic
Incels and losers converge around online echo chambers
Python is Attempting an Outreach to African-Americans, Microsoft Lunduke Has a Problem With That
Did he manage to brainwash himself into this ideology wherein bigotry is in fact tolerance, inclusion, equity?
IBM is Googlebombing Its Way Out of Trouble and Criticism
IBM is a dying giant
After Denial (of the Issues) Comes Censorship
Every critic of the status quo is "racist" and every criticism is "racism"
Intel, Facing Mass Layoffs (Including Many Key Engineers Who Work on Linux Kernel), is Pushing for Slop Inside Linux
replacing proper, well-tested code (and documentation thereof) with slop
More People Want to Quit Windows (Vista 10 is "End of Life"), Restricted Boot (UEFI) Makes That Harder
It's widely agreed (a consensus) that Restricted Boot is a bad thing for GNU/Linux
How We Managed to Make IRC Inclusive and Free Speech-Tolerant Without Banning People
People in IRC seldom agree on everything, more so if politics are aired and especially in the wrong context/s
Germany-Based Focus Online is Apparently Covering Up Cocaine Use at Europe's Second-Largest Institution, the European Patent Office
More contact details for the German press - Focus online
Photos From Richard Stallman's Talk in Argentina Earlier Today (Remote Talk)
Dr. Stallman's talk went ahead
 
Spanish Focus Coming Soon and Maturity of Site Search
We'll soon be focusing on Spain
Slopwatch: LLM Slopfarms Seem to be Slowing Down Somewhat
LLM addiction is a very unhealthy addiction
The "Nazi Bars"
We don't condone or condemn the label "Nazi Bar"
Thailand: Windows Down Sharply, Microsoft Loses Share to GNU/Linux
the Thai economy is strategic and relatively important in the region
Gaming Journalist and Guru Jason Schreier Says Microsoft is Indeed Behaving Like It Exits the Console Market
Remember that many shops no longer sell or stock XBox
Links 17/11/2025: ‘Agentic OS’ Backlash and Facebook ('Meta') Loses Yann Le Cun
Links for the day
Gemini Links 17/11/2025: Technology's Harm in Schools, 3D Printer Blurb
Links for the day
Coming Soon: EPO Trip in Spain
António Campinos being 'Marcosed'
Links 17/11/2025: "You Don't Need Animations" and Blocking Copyright-Infringing Sites Inevitably Goes Wrong
Links for the day
The Register MS: Slop is "FOMO" (Fear of Missing Out), FOMO is Funding Us
even former management (Editor in Chief of The Register MS) admitted to me it was aware of this issue
Difficult to Win Arguments When the Simple Facts Are Not on One's Side
Starting arguments over things when you know the facts (unlike money!) aren't on your side is a dumb move that can only ever result in severe loss of credibility
Tribalism Injures Projects
In Free software communities, there are many species and "breeds". Some developers are happy to work with everyone else based upon technical merit
No, There is Nothing Impressive About Slop Plagiarism-Enabled, Computer-Generated Images in Your Web Site...
When people use slop they do not broadcast an embrace of innovation; they merely signal they're lazy, unethical, and unscrupulous
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 16, 2025
IRC logs for Sunday, November 16, 2025
IRCNow Helped Techrights
If you want to gain more independence or "sovereignty" over your communications and need help setting things up (no prior experience setting up/configuring IRC), go to IRCNow
UEFI 'Restricted Boot' Will Usher in Rootkits Into Linux
Those of us who understand and value what it means to truly own our devices should definitely be alarmed by these trends
Plan for European Patent Office (EPO) Coverage This Month, Next Month, and Next Year
How much longer can European politicians ignore all this corruption?
opensource.net Dead Since Middle of Summer, opensource.org (OSI) Still Leaderless
At the moment the brand "Open Source" is misused so heavily that we have considered adding a new category to our Daily Links, focusing a lot less on "Open" and more on software freedom as a concept
Slopwatch: Google News Full of Slop
Google News has serious problems
Gemini Links 16/11/2025: The Cure for Slop, Rapsberry Pi Zero 2 W, and POSIX from Ada
Links for the day
NHS Data Breach Caused by Proprietary Software, as Usual, The Register MS Blames "Hackers" and "Cybercriminal Gang"
Nothing will get solved unless we have a rethink and media quits using the "hacker" narrative, which shifts blame from the holes to those who merely exploit them
IBM is Vanishing (First Moving, Then Going Away Completely)
Salary reduction is only the first step
Links 16/11/2025: Japan-China Tensions Grow, Surveillance Giant Google Checked for Breach of the Digital Markets Act (DMA)
Links for the day
Links 16/11/2025: Censorship Battles and Margaret Sullivan Speaks
Links for the day
German Media and German Politicians: Working for the Public or Manipulating the Public?
The "common person" does not have printing presses
Informing the Public of Suppressed Facts
We are all in this together
Canadian Linus Meets Finnish-American Linus
LTT does have a very large audience, which it can steer away from Microsoft and Windows
The UK's Online Safety Act (OSA) Discourages Technological Entities, Including Free Software Projects, Being Based in or Near the UK
When it comes to IRC hosting, we never had any serious speech restrictions imposed upon us by the UK
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 15, 2025
IRC logs for Saturday, November 15, 2025
Father of GNU Giving Keynote Talk Today, Father of Linux Collaborating With Linus Tech Tips (LTT)
Some time soon we can expect Linus Tech Tips (LTT) / Linus Media Group / Linus Gabriel Sebastian to produce something with Torvalds
Gemini Links 16/11/2025: Emacs Font Fun and UI x TUI x CLI
Links for the day
Flagging or Labelling LLM Slop Meaningfully to Discourage the Practice
We're still refining the annotation for better contrast
LLM Slop is an Addiction One Can Quit
Sites that crossed over to "the dark side" (slop) can still return, and even fully regain the trust lost by betraying people with 'botspew'.
BILD is Apparently Covering Up Cocaine Use at Europe's Second-Largest Institution, the European Patent Office, as It's Based on Germany
Journalist contact details
Techrights Site Search Pushed to 'Stable'
we've just added it to the navigation menu and footer
Situation Publishing's DevClass (Sister Site of The Register MS, Run by MS Tim) Has Been Abandoned, Microsoft's MS Tim Now Interjects Anti-Linux Directly Into The Register MS
Not only does this sell Microsoft; it's also googlebombing - as before - the real "maui" (or "MauiKit" in Linux).
Many IBM Workers to Become Unemployed a Few Weeks - Maybe Just Days - Before Christmas
as one last humiliating exercise IBM pimps/trots them out in social control media, telling "happy" stories
Slopwatch: LinuxSecurity, WebProNews, and Linux Journal (Slopfarms)
More fake articles about "Linux"
Links 15/11/2025: Openwashing of Kubernetes and Austerity Planned for Canada
Links for the day
Links 15/11/2025: "Small Web, Big Voice" and China Cracking Down on Slop
Links for the day
Links 15/11/2025: Science, Conflicts, and International Politics
Links for the day
Annus Horribilis at the European Patent Office (EPO)
The article explains how the EPO "Cocainegate" scandal is turning 2025 into an Annus Horribilis for Campinos
Links 15/11/2025: Latest in "Component Abuse Challenge" and Qt Keeps Promoting LLM Slop
Links for the day
Gemini Links 15/11/2025: Egoism, Misunderstood Universe, DeX, and "Why desktop Linux is growing"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 14, 2025
IRC logs for Friday, November 14, 2025
Richard Stallman Talk Tomorrow in Ethereum Cypherpunk Congress 2
It's not clear if a livestream of some kind will exist
Many "Last Days" at IBM on Allegedly the "Last Day" for IBM to RA People This Quarter
"Last day" is "social media code" for "got laid off", more so at IBM because they compel people to act like it's a happy departure with gratitude, photos and so on