Bonum Certa Men Certa

Canadian Government to Challenge Amazon's Spreading of Software/BM Patents, Which Red Hat Wants Abolished and Microsoft Still Collects

Canadian flag



Summary: Events in Canada may mean that USPTO expansion is hindered somewhat and Microsoft's patent attack on GNU/Linux can be affected

PROFESSOR Michael Geist says that Sookman says that "The Canadian government appeals the Amazon.com decision regarding the patentability of business methods." For those who have not followed this case, see [1, 2, 3, 4, 5]. If true, this is good news. But Sookman is one of the 'bad people' when it comes to Canadian copyright law; it makes him harder to trust in some ways. It's what one ought to expect from so-called 'IP' lawyers. To them, there's money at stake. There are hardly any exceptions here. One of the latest examples is Patent WatchTroll, a software patents proponent (because he makes money from them as a lawyer) whining about Europe's unwillingness to become more like the USPTO [1, 2].



One of the few 'good' patent lawyers, Rob Tiller (Red Hat), is now asking: "Is software too abstract to be patented?"

A big challenge for those facing the risk of being accused of infringing bad software patents is how to demonstrate that the patent is an abstract idea. The Bilski decision reaffirmed that abstract ideas are not patentable, but it didn't give a test for how to distinguish such abstract ideas. There are various possible paths on this. The Supreme Court has said that mathematical algorithms are not patentable, and Ben Klemens [PDF] and others have argued that software is at bottom indistinguishable from mathematical algorithms. Others have fashioned related arguments leading toward the conclusion that at least some software is too abstract to be patented. Some of the analysis of PoIR on GrokLaw is particularly interesting: Why software is abstract and An Open Response to the USPTO — Physical Aspects of Mathematics.

This is a discussion that needs to continue. I hope FOSS developers and others with deep knowledge of software technology will get involved. We need to get to a convincing explanation in terms that non-technical people (such as judges and juries) can understand of the nature of software and why it is at bottom an abstract idea. Anyone care to take a swing?


Red Hat was recently hit by the Microsoft-funded Acacia and signed a secret deal. Amazon is now paying Microsoft for Red Hat, due to the secret Microsoft patent deal and Amazon's awkward stance on software patents. Microsoft meanwhile "applies for a patent for [...] verifying a 'safe' operating system," says one Microsoft booster (Mary Jo Foley).

Microsoft has applied for a patent for an “automated, static safety verifier” that will help verify the type- and memory-safety of an operating system.

And why should anyone care? This isn’t the Monkeys coming to Zune, after all. But there are some connections to other Microsoft projects (and potentially, products) worth considering.


This patent is abstract and absurd, but do not expect the author to say it. As a Microsoft employee put it a couple of weeks ago, "Mary Jo does not [do real journalism] and that's why she gets interviews at Microsoft" (she did admit to me that this is the way it works, at least back when she was more gutsy). ⬆

Comments

Recent Techrights' Posts

NVIDIA Turns Out to be Serial Cheater, Stock Plunges 33% in 5 Weeks
The "slop bros" have long relied on patience and blind faith
IRC is for Communities, Social Control Networks Are for Broligarchs (by Broligarchs)
Unlike Reddit, it's not a company
 
Photo Ops Are Liabilities
NVIDIA is not a "family business" and its CEO isn't some modest genius
NVIDIA’s Total Debt Trebled in Three Months!
Not the hallmark of a rich company unless its accounting is fraudulent
Adopting LLM Slop is Still Suicide
Suicide (in the literal sense) is also linked to adoption of chatbots
On Laundering Licences and Code
A "Second SCO" waiting to happen
The Cyber Show on Slop and the Ministry Of Truth in "Nineteen Eighty Four"
"cultural erasure" by slop
Intercontinental Brigading - Part XXXXVIII - Keeping Both Eyes on the Ball
One upside of these disputes is that they raise at least two very important issues concerning the law
Gemini Links 12/11/2026: Encryption is Easy, Human Emacs, and Legislation in Italy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 11, 2026
IRC logs for Wednesday, November 11, 2026
Links 11/11/2026: End of Novaya Gazeta (Assassinated by Putin) and North Koreans Too Poor to Buy Rice
Links for the day
Gemini Links 11/11/2026: The Tyrant’s Moat and Rants About Slop Causing Problems
Links for the day
Links 11/11/2026: Skydance Games and Boeing Hit By Layoffs, "Time Out for Timeouts"
Links for the day
JavaScript is the Problem, Not the Answer
Making the Web better is about making things better, not slapping more JavaScript 'walls' at it
Intercontinental Brigading - Part XXXXVII - "Making a False Complaint to Police is a Crime." (British Cops Aren't American Mercenaries)
"In the United Kingdom, the Foreign Enlistment Act 1819 and the Foreign Enlistment Act 1870 make it unlawful for British subjects to join the armed forces of any state warring with another state at peace with Britain."
The Label 'Anti-AI'
They make it sound like opposing plagiarism or cheating is an act of intolerance or hatred
Intolerance and Violence
Intolerance in the software world is not a new problem
António Campinos Hiding From Staff Amid Strikes, Won't Participate in Dialogue
They voted to continue striking until Christmas
Silent Layoffs at IBM (Rolling Layoffs), Now Curbs on H1B (Mostly Indian Applicants)
Little will change at IBM except the gravity (global distribution) of its workforce will go east
Links 11/11/2026: Moving from Proton to Posteo and "Floating in Space"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 10, 2026
IRC logs for Tuesday, November 10, 2026
Intercontinental Brigading - Part XXXXVI - Attempts to Kill Critics
"Epstein contacted Cambridge academics about research funding"
Gemini Links 10/11/2026: Running, Tektronix, and "Smallnet Information Services Zig Port"
Links for the day
Corporations Don't Lose 2 Trillion Dollars in 'Value' Over a 'Dick Story', This is an Overvaluation and Belated Correction
Nvidia is down, down, down again
Links 10/11/2026: "50 Years of Project Censored" and NVIDIA's Collapse Continues
Links for the day
NVIDIA Down About 30% in 5 Weeks, When Does the Media Call It "Bubble" Rather Than Frame It as Sex Scandal?
they'll find a way to blame "China"
Surreal Times
NVIDIA's shares fell 27% in 5 weeks
Links 10/11/2026: "Jensen Huang Could Face $81 Billion Divorce Bill" and "Nvidia Shareholders sue Jensen Huang"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 09, 2026
IRC logs for Monday, November 09, 2026
Gemini Links 10/11/2026: Open Problem in Computer Science Due to Bloat and "Queueing Nine Hours for an iPhone"
Links for the day