Bonum Certa Men Certa

Patents Roundup: Europe's Mistake With the EU Patent, SCOTUS, Patent Trolls, and Collusion

World map



Summary: Bits of patent news (international scope) which software freedom supporters should keep abreast of

PATENTS ARE, in our humble assessment, the most important subject when it comes to Free software*, especially since the Microsoft-Novell deal, which only months after its signing resulted in Microsoft's extortion of Linux vendors and users. Software patents in Europe continue to be a subject of discussion because the European Parliament is doing foolish things, embellishing them and casting them as "cooperation":



The European Parliament gave its consent on Tuesday for a common EU patent system to be created using the enhanced cooperation procedure. In December 2010, twelve Member States made a request to launch such a procedure, after it was concluded that not all the Member States could agree on an EU-wide patent system.


Patents are not about cooperation, they are about exclusion, separation, and hostility.

Looking over at the United States, professor Eben Moglen and Microsoft are also mentioned by SCOTUS Blog (via Against Monopoly), which says that the court will "consider standard for secondary patent liability". To quote: "Other noteworthy filings include one by Tom Hungar at Gibson, Dunn (on behalf of Comcast, Microsoft and several other large IT companies). Hungar’s brief provides an excellent summary of the cases that were codified in Section 271(b), designed to show that the Federal Circuit’s reading of the statute is inconsistent with Congressional intent. Given the importance of the early cases to the Court’s decision in Bilski, this brief is likely to be important to at least some of the Justices. And finally, there is a filing with typical verve from Eben Moglen on behalf of the Software Freedom Law Center, pointing out the risk to independent software developers of a standard that exposes them to liability for patents of which they have no reason to be aware."

The Microsoft-tied Traul Allen and Intellectual Ventures (IV) are allegedly or reportedly extorting Linux already (HTC and Samsung). John Cook from the Microsoft-boosting TechFlash spoke about the perpetrator of IV and mentioned the strong connection to Microsoft. The title speaks about "penguin poo" and there's this part too:

On why he sometimes gets labeled a patent troll: "It is threatening to the old order."


"People say that because they believe it to be true," Groklaw remarks. It is delusional. To justify greed, the greedy always find some ridiculous justifications, then mass-market the delusion using PR campaigns. There are famous lines that they recycle and use.

Patents are generally a hindrance, not a facilitator of progress. A new case of collusion in patent monopolies helps show what patents can bring us sometimes:

Genentech Inc allegedly colluded with Celltech R&D Ltd to fraudulently extend the life of a disputed patent and reaped more than a $1 billion in royalties, according to a lawsuit by rival drugmaker Human Genome Sciences Inc.

The lawsuit takes aim at what is known as the Cabilly patent that protects a technology that uses recombinant DNA which is critical to the manufacture of many biotech drugs.

"Genentech has engaged in a massive, years-long conspiracy to monopolize and restrain trade in the market and commit fraud," said the complaint.


If that's what patents lead to, who needs them if not those who exploit or abuse the system? Many academic (and independent) studies have repeatedly shown that software patents -- and sometimes patents as a whole -- are economically unsound. ___ * Free software Web sites which do not cover the subject possibly do not understand it.

Comments

Recent Techrights' Posts

Microsoft a Top Sponsor at Red Hat Summit (IBM Selling Proprietary Spyware and Back Doors in a "Red" Trench Coat)
They both work for Microsoft
New 'Interview' With - or Talk Coverage of - Richard Stallman in the European Union
automated English translation
Gemini Links 20/05/2025: LLM Scraper Bots in Gopher and "Starmer and the Somewheres"
Links for the day
Skype Fell Off a Cliff (Microsoft Killed It), All Microsoft Has Left Now is Slop and Spaghetti Code
"This isn’t about AI. This is a puppet show to drive stock prices up and down."
Slopfarms (Machine-Generated Fake News Sites Authored by Bots With Slop Images) Spread GNU FUD
This isn't about Linux (GNU doesn't run just on Linux)
United States Federal Government's Digital Analytics Program (DAP): GNU/Linux Users Represent Close to 6% of Visitors This Year
How far has GNU/Linux gotten? Very far!
The "LLM Ouroboros of Shit" is Complemented by Even Worse Phenomena Caused by Microsoft's Contribution of SPAM and Pollution
Microsoft became a world leader in promotion of LLM slop
 
Microsofters Targeting the Wife of the Critic of Microsoft
false claims and loaded statement
Links 20/05/2025: "Bankrupt 23andMe Just Sold Off All Your DNA Data" and "Free Speech Warriors" MIA
Links for the day
Openwashing of Windows, Back Doors, Persistent Surveillance, Keyloggers, Screen Loggers, DRM and So On
WSL is not "Linux", it's Windows
IBM Mass Redundancies Likely This Coming Thursday
We're not in a position to judge if that's true or false
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 19, 2025
IRC logs for Monday, May 19, 2025
The Official SUSE Blog Uses LLM Slop to Compose Fake Articles Promoting Microsoft and Azure
even a little slop spoils the broth
The LLM Ouroboros Phenomenon
Fact #1: over time slop gets worse (training set is like some blurry JPEG). Fact #2: People's "smell" for slop improves over time, as they 'train' on slop and can detect it based on prior encounters. Put 1 and 2 together.
Links 19/05/2025: Charges of Blackmailing Over Son Heung-min, Chad Opposition Leader Detained
Links for the day
Gemini Links 19/05/2025: Ableism, Silicon Monkeys, and More
Links for the day
How We Defeated DDoS Attacks
One of the best things one can do is migrate to an SSG
Microsofters Issuing Threats to Microsoft Critics Who Blog About Microsoft
So far we see that their "legal strategy" revolves around trying to discredit people like Theodore Ts'o
Links 19/05/2025: Political Catchup and CISA Advisories
Links for the day
TheLayoff.com Has Begun Deleting Trolls/AstroTurfers Infesting the IBM Section to Discourage On-Topic Discussion About Culls and Maladministration (Bad Strategy)
Moderators have realised there's a problem
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 18, 2025
IRC logs for Sunday, May 18, 2025
Gemini Links 18/05/2025: Five Years on Gemini and Atom Feeds over Gopher
Links for the day
Links 18/05/2025: F.D.A. More Sceptical of COVID-19 Vaccines, UK Charges 3 Iranian Nationals In Alleged Attack Plot Against Journalists
Links for the day
Gemini Links 18/05/2025: "Finally Upgraded" and "Rebooting"
Links for the day
There Are Days or Occasions Where gemini:// Requests Almost Exceed http(s):// and Gemini Protocol Isn't Even 6 Yet
Gemini Protocol turns 6 one month from now
Abundance of Good Code, "Just Like Air."
Richard Stallman's seminal manifesto and foundational (practical) work on GNU gave us a very solid system that facilitates productive work without concerns over spyware
Messages in TheLayoff.com Drowned Out by LLM Slop (Comments Focused on Replying to Bot-Generated Provocation)
apparently shaking hands with nazis isn't as bad as calling your git repository's main branch "master"
The Importance of Full Disclosure and Transparency Online
there will be full transparency, as always
Slopwatch: Slopfarms and Serial Sloppers Still at It
Apparently Google is too understaffed to figure that out
Links 18/05/2025: Decreased Prospects of Science Careers, Disappearance of Journalists
Links for the day
Microsofters Have a Long History Trying to Take Down Techrights by Sending Threats to Webhosts
picking on women
Links 18/05/2025: Science, Censorship and European Commission Taking on Monopoly Abuse by Microsoft
Links for the day
Gemini Links 18/05/2025: Šibenik and SFJAZZ Historical Archive
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 17, 2025
IRC logs for Saturday, May 17, 2025