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

Free Software Foundation's Miriam Bastian: We Surpassed Our Year-end Goal of $400,000 USD Thanks to You!
Miriam Bastian: We surpassed our year-end goal of $400,000 USD!
Red Hat Offers DRM, TPM, and Backed Doored 'Confidential' Containers (CoCo) for Microsoft (Proprietary Spyware)
No kidding!
 
Links 22/01/2025: Jeju Air Blame-Shifting (Talk to the Wall), Copyright Maximalism Rebounds
Links for the day
[Meme] The 'Garbage in, Garbage Out' Patent Office
"law of the buzzword"
Clueless and Nontechnical EPO Management Uses the 'Great Scam' (Hey Hi Hype) to Justify Automation Where It's Both Detrimental and Illegal
The EPC has been practically set aflame; thus, the EPO has no legitimacy or reason to exist anymore
Links 22/01/2025: Democratising Tech Initiative and "Bye Bye Meta"
Links for the day
The Japanese translation of the term "free software"
by Akira Urushibata
Links 22/01/2025: "The AI Bubble Is Bursting" and Microsoft's Scam Altman is Already Looking for De Facto Bailout From the Insurrectionist
Links for the day
Dr. Andy Farnell's Latest Article About Software Freedom and Richard Stallman
why Dr. Stallman is being picked on
Geminispace (Gemini Protocol) Offers an Escape From Social Control Networks Owned by Oligarchs and Governments
Gemini capsules that promote fascism and retreat to feudalism are rare and scarce
The Free Software Foundation (FSF) Has Formally Added an Outreach and Communications Coordinator
Maybe the addition happened last year (we mentioned it in passing), but now it's in the "rota"
Electronic Frontier Foundation: Fighting 'for the Poor and Powerless' While Taking Home $336,000 in Annual Salary
nowadays works for or serves not the interests of the masses
Of Note: The Misguided, Infiltrated, Weakened Electronic Frontier Foundation (EFF) Now Operating at a Loss of Over a Million Dollars
Worst since the COVID-19 lockdowns
[Meme] Omit Microsoft When It's a Scandal or a Breach, Whereupon It Becomes Just an 'IT Company'
Microsoft is like a cult. Members of this cult promote the opposite of security, expecting to be financially rewarded for it.
Calling Out Windows (TCO) is Apparently Impermissible in Some News Sites
The online news sites are failing us (and corporate sponsors play a role)
Richard Stallman's Remarks on His Pain
Published two days ago
Focusing on the Issues
we'll do our best to find the news and not talk about "Mr. T"
Only About 3.6% of Web Users in Pakistan Use Vista 11, According to statCounter
It's not hard to see why so far in 2025 Microsoft has already had several waves of mass layoffs - more than any other company
Rumour: In IBM, Impending "25% Reduction in Finance Roles"
25% to be laid off?
[Meme] Fake Articles From linuxsecurity.com (Just Googlebombing "Linux" With LLM Slop)
Google should really just entirely delist that site
RedHat.com Written by Microsoft Staff, Promoting Microsoft' Proprietary Software That Does Not Even Run on Linux!
This is RedHat.com this week...
Links 22/01/2025: Mass Layoffs at Stripe, Microsoft's Illegal Accounting Practices Under Scrutiny
Links for the day
Fake 'Article' by Brittany Day (Guardian Digital, Inc) About Linux Mint 22.1 'Xia'
Apparently they've convinced themselves that this is OK
Red Hat Dumps "Inclusive Language", Puts "Master" In Official Communications and Headlines
Red Hat: you CANNOT say "master" (because it is racist). Also Red Hat: we put in it our headlines.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 21, 2025
IRC logs for Tuesday, January 21, 2025
Gemini Links 21/01/2025: Media Provocations and Nazis Not Tolerated
Links for the day
[Meme] Plagiarism Does Not Eliminate Jobs by Replacing Humans, It Replaces Human Knowledge With False Cruft
We need to boycott sites that fake their output
Slopwatch: BetaNews Plagiarism and LLM Slop by UNIXMen
"state-of-the-art" plagiarism
What Fedora, OpenSUSE, and Debian Elections Teach Us About the State of Weak (or Fake) Communities
They show a total lack of trust in these communities
[Meme] Doing Dog's Job (Not God's Job)
The FSF did not advertise the talk by RMS (its founder), who spoke in France almost exactly 23 hours ago
Links 21/01/2025: Mass Layoffs in "Security" at Microsoft (Despite Microsoft Promising It Would Improve After Many Megabreaches), Skype is Dead (Quietly)
Links for the day
Alternate Version of Daniel Pocock's 2024 Talk, "Technology in European Parliament Election Campaign"
There's loud ovation at the end of the talk
Gemini Links 21/01/2025: London Library, Kobo Sage, and Beyerdynamic DT 48 E
Links for the day
The January 20 Public Talk by Richard Stallman (Around Midday ET), Livestream 'Assassinated' by Google's YouTube
our guess is that the 'cancel mob' sabotaged it, possibly by making a lot of false reports to YouTube
[Meme] Free Software and Socially-Engineered Groupthink (to Serve Big Sponsors Like Google and Microsoft)
They do this to RMS all the time
[Video] Daniel Pocock's Public Talk About Free Software Politics, Social Engineering, Debian Deaths and Suicides, Coercion and Exploitation of Women
took many months to get
BetaNews Cannot Survive If Its Fake Articles Are Just SPAM for Companies Like AOHi and Aren't Even Composed by Humans
This is what domains or former "news" sites do when they die and look very desperately for "another way"
Pocock shot in the face, shot in the back, shot on Hitler's birthday saving France, Belgium and FOSDEM
Reprinted with permission from Daniel Pocock
Dr Richard Stallman in Montpellier, Robert Edward Ernest Pocock in France
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 20, 2025
IRC logs for Monday, January 20, 2025
Links 20/01/2025: Conflict, Climate, and More
Links for the day
Gemini Links 20/01/2025: Conflicted Feelings and Politics
Links for the day
Daniel Pocock's ClueCon 2024 Presentation Was Also Streamed Live in YouTube and Later Removed by Google, Citing "Copyrights". Now It's Back.
The talk covers social control media, Debian, politics, and more
Google 'Cancels' RMS
Is the talk happening?
Microsoft Revisionism Debunked by Microsoft's Own Words About “the Failure of OS/2”
The Register on “the failure of OS/2”
Improving Daily Links by Culling Spam, Chaff, and LLM Slop
the Web is getting worse
Links 20/01/2025: Indonesia to Prevents Kids' Access to Social Control Media (Addiction and Worse), Climate News Catchuo
Links for the day
[Meme] EPO Targets
Targets mean nothing if or when you measure the wrong thing
EPO Union Says Monopoly-Granting Targets at EPO "Difficult to Achieve Without Compromising [Staff] Health, Personal Time or the Quality of the Final Products" (Products as in Monopolies, Not Real Products)
To those of us (over 99.999% of people impacted by this) who do not work at the EPO the misuse of words like "products" (monopolies are not products) should be disturbing
The EPO is Nowadays Trying to Trick Staff Into Settling Instead of Solving the Underlying Problems of Corruption and Injustice
This seems like a classic case of "divide-and-rule" or using misled/weak people to harm the whole group (or "the village")
Links 20/01/2025: More PR Stunts by ByteDance and MLK’s Legacy Disrespected
Links for the day
Gemini Links 20/01/2025: Magnetic Fields, NixOS, and Pleroma
Links for the day
BetaNews Spreads Donald Trump Propaganda, Promotes Scams, and Publishes Fake 'Articles' About "Linux"
This is typical BetaNews
Richard Stallman 'Unveils' His January 20 Talk in Montpellier, France
It's free (gratis)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 19, 2025
IRC logs for Sunday, January 19, 2025