Bonum Certa Men Certa

Software Patent Holders Who Wish to Kiss Goodbye to Software Patents

Model



Summary: The push against software patents spreads wider than generally imagined

SOME weeks/months ago Techrights was approached by a patent holder who felt he had been mistreated and exploited by Microsoft and Apple. In the FFII's mailing lists we have just seen a similar story, which goes as follows:





I am no fan of software patents and would like them to be abolished. However, my name is on a software patent issued to a former employer many years ago! The work which was patented was very technical and was the result of considerable numbers of man-hours of discussion of how best to solve a technical problem. Although the patent is not frivolous, I do not believe that the work was sufficiently innovative that a patent is reasonable -- any of our competitors at the time who had been willing to invest resources in solving this problem would have come up with essentially the same solution.

I have been approached by a lawyer for the current owner of the patent who is using it in litigation. I have no desire to support that litigation. On the other hand, all they are asking me for (for the moment, at least) is to be willing to confirm certain facts.

I would be interested in the view of the list on what action I should take. Some actions I am considering include:

1) Answer their questions. I have respect for the law and feel a duty to co-operate with the legal process. I am not an expert and it is for others to argue whether the patent is valid.

2) Decline to answer their questions (possibly on the basis that it was a long time ago and I can't remember). But take no further action.

3) Tell them my view, as a listed inventor, that the patent should not have been granted and the litigation is unreasonable.

4) Track down and tell their opponents my view, as a listed inventor, that the patent should not have been granted.

Also, should I tell my current employer? The patent and the case are nothing to do with them, but they might have a view on whether they wish to see me potentially called as a witness or even on which of the actions above I should take. My current thought is that it is nothing to do with them.

[...]

It appears I have not been clear. I am NOT looking for any legal advice, thanks. I am confident that I understand my legal obligations and if that changes I will seek professional legal advice, in my own jurisdiction.

I am, however, interested in the views of the list on the ethical issues involved. As someone who does not support software patents, do you feel there is a moral obligation (not commenting on whether there is a legal one) to the (successors to the) former employer who bought out my rights for token sum many years ago? Or, at the opposite extreme, should a campaigner against software patents actively campaign to have their own patents invalidated?

And do you feel there is any moral obligation to give my current employer (who also holds many software patents, although none in which I am involved) a say in my actions in this area (again, without commenting on any legal agreements I may have with my employer).

I realize that asking a list full of lawyers for ethical advice may be foolish but there must be some non-lawyers on the list :-)


Any ideas on this would be appreciated.

Recent Techrights' Posts

The U.S. Patent and Trademark Office Hijacked Again by Patent Litigation Industry, as President Cheeto Prioritises Aggressors
The "mafia" has taken over the "industry" and the Federal system (justice and constitutions trampled upon)
Ubuntu Slop and FUD Manufactured With LLMs and Funded (by Oneself) 'Studies'
Slop and FUD are ruining the Web
Gemini Links 01/04/2025: Games and More
Links for the day
 
Links 02/04/2025: More Layoffs, Nokia Again Takes Advantage of Illegal and Unconstitutional Patent Court With Nokia Staff as 'Judges'
Links for the day
Links 02/04/2025: Seizures and Returns to Windows of 24 Years Ago
Links for the day
LLM Slop Helps Obscure and Distort News About Layoffs (IBM, GAFAM)
It's hard to find accurate information
Links 02/04/2025: Microsoft Developers Are Threatening to Go on Strike, World Backup Day Noted
Links for the day
Gemini Protocol Has Growing Appeal (the Web Got Too Bloated and Full of LLM Slop)
For any "data plan" with bandwidth limits or "tiers" it would be cheaper to use/browse Geminispace
The Web Can Survive LLM Slop, But Only If We Collectively Shun and Discourage Serial Sloppers
Doing nothing ought not be a possibility
Amid Secret Shut-downs and Mass Layoffs at Microsoft (4 Waves of Layoffs in 3 Months of 2025) Some Microsoft Staff Expected to Go On Strike
workers going on strike
Gemini Links 02/04/2025: No more on Mastodon and Gemini Mention Script in Go
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 01, 2025
IRC logs for Tuesday, April 01, 2025
My Motion Disbarring or “Striking Off” Brett Wilson LLP for Enabling Violent Americans Who Try to Crush Microsoft Critics in the United Kingdom by Multiple SLAPPs
"Guns for hire" (for Microsoft people who received Microsoft salaries)
Links 01/04/2025: Apple Fined $162M for Privacy Abuses, Disinformation Online a Growing Concern
Links for the day
Why We're Reporting Brett Wilson LLP for Apparently Misusing Their Licence to Protect American Microsofters Who Attack Women
For those who have not been keeping abreast
Newer Press Reports Confirm That Microsoft Shuts Down 'Hey Hi' (AI) Labs Despite All the Hype
The "hey hi" (AI) bubble is not sustainable
Links 01/04/2025: Mass Layoffs at Eidos and "Microsoft Pulls Back on Data Centers" (Demand Lacking); "Racist and Sexist" Slop From Microsoft
Links for the day
Stefano Maffulli and His Microsoft-Funded OSI Staff Are Killing the OSI and Killing "Open Source" (All for Money!)
This is far from over
Gemini Links 01/04/2025: XKCDpunk and worldclock.py
Links for the day
50 Years of Sabotage and a Gut Punch to Computer Science (and Science in General)
Will we get back to science-based computing rather than cult-like following?
Techrights Headlines as Semaphore
"If you are hearing this, thank you"
3 Months in 2025, 4 Waves of Mass Layoffs at Microsoft, Now Offices Shut Down Permanently
"A recent visit by the South China Morning Post confirmed that the office was dark, unoccupied, and had its logo removed."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 31, 2025
IRC logs for Monday, March 31, 2025
Links 31/03/2025: China Tensions, Bombs Falling in Myanmar After Earthquake
Links for the day
Gemini Links 31/03/2025: Falling Out of Love With Tech, Sunsetting openSNP
Links for the day
R.T.O. at IBM in Texas and Atlanta (State of Georgia) Expected as "Soft Layoffs" Catalyst This Coming Year
It also sounds like more IBM layoffs are in the making
Law Firms Can Also Lose Their Licence for Clearly Misusing It
The bottom line is, never made the false assumption that because you can pile up SLAPPs in a docket you will not suffer from bad reputation or even get disbarred
Link between institutional abuse, Swiss jurists, Debianism and FSFE
Reprinted with permission from Daniel Pocock
LLM Slop Piggybacking News About GNU/Linux and Distorting It
new examples
Links 31/03/2025: Press and Democracy Under Further Attacks in the US, Attitudes Towards Slop Sour
Links for the day
Open Source Initiative (OSI) Privacy Fiasco in Detail: The OSI Does Not Respect Anybody's Privacy
The surveillance mafia that bans dissent or key people (even co-founders) with dissenting views
Gemini Links 31/03/2025: More X-Filesposting and Dreaming in Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 30, 2025
IRC logs for Sunday, March 30, 2025