Bonum Certa Men Certa

Response to Judith Wilcox and Axel H. Horns Regarding Patents to Software Developers

Baroness Wilcox
Credit: Department for Business, Innovation and Skills (BIS)



Summary: Monopoly proponents from Europe rebutted; Lexmark sues 24 companies for patent infringement; EFF kills another ludicrous patent

Horns is an informative blogger (not just a European patent attorney from Germany) who often sheds light on important issues such as UPLS [1, 2, 3]. But there is one point that he overlooked a little while ago when he debated the patentability of software (an important subject in Germany due to Microsoft and Siemens [1, 2]).



Here is where Horns gets it wrong: [via FFII]

He says that there is a “myth” of software patents being used as a tool of dispossession against the copyright programmers earned by writing something. This is a “myth”, in his view, since programmers need to check for patents, just as someone who wants to build somewhere needs to check the property status of the real estate in question.

He then goes on, however, to explain that it is actually impossible for most software authors to do the patent check. That means he is refuting his own point.


Being a patent lawyer, he sure wants more patents. It's business to him. The same goes for the British Intellectual Monopoly Minister, Judith Wilcox. The president of the FFII highlights this new bit of patent propaganda from Incisive Media/Bizmedia:

The Intellectual Property Minister Baroness Wilcox has unveiled a research programme into intellectual property and its value to the British economy

[...]

Wilcox said: “Intellectual property has a key role to play in rebalancing the British economy. The highly-skilled industries where the UK can excel are driven by innovation.

“Britain must have an intellectual property system that encourages innovation and is internationally competitive.


Wilcox wants the public to believe that a patent system "encourages innovation" ("internationally competitive" is euphemism for "imperialistic"), but what happens when it's used to actually suppress competition? Just watch this new lawsuit:

Lexmark sues importers of laser cartridges for patent infringement



Lexmark International, Inc. (NYSE: LXK) announced today that it has filed a patent infringement complaint with the United States International Trade Commission (ITC) against 24 companies engaged in the manufacture, importation and sale of replacement cartridges for various Lexmark laser printers and multifunction devices.

The complaint alleges that these replacement cartridges infringe at least 15 U.S. patents owned by Lexmark. Lexmark is requesting that the ITC issue a general exclusion order banning the importation and sale of patent infringing laser cartridges by any entity.


ITC means embargo [1, 2, 3, 4]. How does that encourage innovation? It encourages litigation and limits competition.

In other noteworthy news, the EFF has just squashed another bad patent. It's hardly the solution though because as Richard Stallman once put it, "Fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria." Regardless, the following is good news at least for symbolic reasons:

Good news in the fight against bad software patents: a jury in the Eastern District of Texas recently found the Firepond/Polaris patent (U.S. Patent No. 6,411,947) invalid. This patent was on EFF's "Most Wanted" list, targeted because it claimed nothing more than a system using natural language processing to respond to customers' online inquires by email.

EFF was not involved in this case, in which Bright Response, LLC — the technical owner of the patent — sued Google, Inc., Yahoo!, Inc. and eight other companies, alleging that Google's AdWords and Yahoo!'s Sponsored Search infringes the Firepond/Polaris patent. The jury found three of the patent's claims invalid based on the public use bar, obviousness, and for lacking written description. The jury also found that neither Google nor Yahoo! infringed those claims. Finally, the jury found the entire patent invalid due to improper inventorship.


Mike Masnick has just covered this too.

Recent Techrights' Posts

The Aim is Not Fame
Reposted from schestowitz.com
SLAPP Censorship - Part 114 Out of 200: Thousands of Long Articles to Come, Properly Covering the SLAPP Industry in the UK and Its Modus Operandi
"Stowell described SLAPPs as ‘a stain on our legal system’."
Chad's Move to GNU/Linux or the Point of Exceeding 5% "Market Share"
experienced centuries of being colonised
GAFAM is Drowning in Debt, GAFAM is Clearly Not Sustainable Anymore (It Runs on Borrowed Money and Bailouts)
The war and surrender in Iran will deepen the debt; we'll see the GAFAM reports in late July
 
A Lifetime of Whistleblowing
Ellsberg did not have an easy life, but it was a rewarding life with a rich legacy focusing on justice
European Patent Office (EPO) Series: A Man With Many Missions...
Campinos – accompanied by Gilles Requena and Patrice Pellegrino
Links 22/06/2026: Ubisoft Co-founder Dies, Americans Have Turned Against Slop
Links for the day
Links 22/06/2026: "The Sycophancy Machine" and "Port 22 Open for 54 Days"
Links for the day
When People Who Make the Most Money Are the Best "Boot Lickers" (Sucking Up to Jeffrey Epstein's Circle and the Dictator)
Sucking up to rich people may pay off
"Internally Important, Externally Irrelevant": IBM in a Nutshell
Right now its debt spins out of control and its stock spirals down the drain
Finding a Way to Get Paid to Improve LibreJS
So now we have more people resurrecting LibreJS and improving it
Microsoft Can't Even Wait Until July, Shutdowns and Layoffs Already Happening
Mashable speak of "a grim picture for the state of Xbox."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 21, 2026
IRC logs for Sunday, June 21, 2026
Gemini Links 22/06/2026: Appreciating Simple Things, Perfect Summer Evening, IRIX, Vim and so
Links for the day
Gemini Links 21/06/2026: Dating Oaks, Paying With Cash, and "More on Withered Technology"
Links for the day
GAFAM Was Never an Ally to Europe
Only 1 in 10 Europeans see US as an ally — study [...] military providers in "tech" clothing cannot be trusted
GitHub, LinkedIn, and XBox Will Finish Like Skype (Sustainability Crisis)
Skype should become a verb. When Microsoft 'Skypes' something it means it basically shuts it down with some temporal excuse/s.
Drowning in Garbage: AUR Shows That Too Much Low-Quality Software (Including Slop) is Bad for Everybody
What happened in AUR had happened elsewhere before and will happen again in the future
Links 21/06/2026: EU on Patented (Monopolised) Crops, Microsoft Software "Narcs on You to Your Boss"
Links for the day
Microsoft at 50 Follows the General Trajectory of Skype
How many years does Microsoft have left before payroll becomes impossible?
A Year After a Microsofter Took Over The Register MS It is Effectively a Content Farm With News as a 'Side Dish'
This is not journalism, this is spam
IBM Pays the Media and Cons Some 'Journalists' Into Participating in "Quantum" Spam
"The Boy Who Cried Wolf"
You Don't Need an 'App' for Your Birdhouse (Slopfondlers Come for Birds)
That they sell those things as "AI" really says a lot about how dishonest slopfondlers really are
SLAPP Censorship - Part 113 Out of 200: The United Kingdom is Not Turkey
Turkey is ranked almost worst in the Western World for press freedom
Cybersecurity Does Not Mean Asking Microsoft for Permission to Boot
There were very good and timely reasons to speak about the matter, including impending antitrust complaints against Microsoft
Links 21/06/2026: Bots from Alibaba Do Harm and Many Xbox Games Are Being Cancelled
Links for the day
5 Years After Release of Vista 11 Not Even One in 5 People Use It (in the US)
It doesn't look like Vista 11 will ever be adopted like prior versions and announcing a Vista 12 will mostly upset companies/organisations that only recently "upgraded" to 11
Gemini Links 21/06/2026: Boca Raton, Perfect Summer Day, and LLM Doing Things Poorly
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 20, 2026
IRC logs for Saturday, June 20, 2026
Microsoft Insiders - Not Limited to XBox - Expect a 'Bloodbath' (Their Own Word)
This isn't limited to XBox
Reports of "PIP" as Means of Mass Layoffs at IBM This Year
some insights into the PIPs
SLAPP Censorship - Part 112 Out of 200: Strangles Women, Then Refuses to Even Attend Any of His Own Hearings About It
It is meanwhile very apparent that Brett Wilson LLP is becoming a "mench sphere"
Gemini Links 20/06/2026: "There Was Never Supposed to Be a Camera" and "What Is A Programming Language"?
Links for the day
Geminispace Reaches Its 8th Year, Today It Has Turned 7
Gemini Protocol 'went live' 7 years ago, just before the COVID-19 pandemic
Links 20/06/2026: "Full Page Paralysis" and "Hopes For Xbox’s Future Might Be Over Before It Even Begins"
Links for the day
European Patent Office's (EPO) Strikes "at a Scale not Seen Since Battistelli", European Patent Grants Down by Over 25% in Past 3 Months
The actions are effective
Real Security Elusive, Microsoft Layoffs to Coincide With Certificate Apocalypse
July 1
Links 20/06/2026: Microsoft's "Year of Shame" and "Feed the Writers"
Links for the day
2026 is a Year of Strikes at the European Patent Office (EPO)
As it stands at the moment, to many people the EPO represents crime, not law
Web Browsers Are Technically Bloatware (No Matter What Runs in Them)
Don't make it a society that shames people into using a Web browser where none should be needed
Fedora Has Changed a Lot Since I Last Used It (IBM Dominates Almost Everything, IBM Agenda Displaces Community Goals)
"It is effectively 100% run by Red Hat/IBM employed people... even when they are community-elected representatives."
Andy (Cyber Show) on His Teacher Who "Squeezed Every Last Drop Out of Life, With Gratitude, Humility, Generosity and Mettle"
Some call them "eccentric" and are dismissive about what they have to offer
Only 1.5% Oppose the European Patent Office's (EPO) Strikes and Other Industrial Actions Until 2027
Among those polled/surveyed (in a ballot)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 19, 2026
IRC logs for Friday, June 19, 2026
Gopher/Gemini Links 20/06/2026: Slop With Tcl/Tk and Nokia 770 Perishes
Links for the day