Bonum Certa Men Certa

Despite Google's Validation of Patents, the Fight Against Software Patents Carries On

Sword fight



Summary: The argument against patent monopolies continues even though Google is buying its way into the patents club

WHAT Google did by buying a part of Motorola is far from ideal. Suddenly Google can be perceived as part of the problem, which is gigantic companies that amass many patents or need to pay a lot of money to join the racket that excludes small players. Regardless of Google's decision, it is recognised by some big sites that ="The Patent System Is The World's Biggest Threat To Innovation Today" and to quote the opening:



At the risk of stating the obvious, I’ll say this right up front: The patent system in both Europe and the United States is the biggest threat to innovation in the world today.

Rather than competing with each other on price and features, the biggest tech companies want to fight it out in court where some Luddite judge—rather than the market—can decide who wins and loses. By claiming that another company has violated some vague patent, one vendor can use the legal system to either block rival products from the market or demand hefty kickbacks (a.k.a. licensing fees) from their makers.


Glyn Moody says, "speaking as a mathematician, I certainly concur with the view that everything is "just maths" in a certain deep sense: that is, we believe that we can, *in theory*, use maths to describe anything that exists. But in practice, some bits are trickier than others."

Here is a ket line: "This fundamental distinction between software patents and the other kinds is reflected in all the problems that are cited with the former: the fact that they are patents on knowledge, and the fact that you often can't invent around such patents, because that's like trying to invent around logic."

Exactly.

What Google does quite correctly is that it tries to squash Lodsys' software patents [1, 2, 3], but why did it not make an attempt to squash software patents as a whole? The third link there is the coverage from Groklaw, which is likely to be most accurate. It also speaks of reexamination of Paul Allen's patents (another patent troll who also attacks Android using software patents).

Brian Kahin has this new piece which remarks on the patent situation in relation to Android. He begins thusly:

I recently wrote about the $4.5 billion auction for Nortel's portfolio of 6,000 patents that went to a consortium that included Apple, Microsoft, and RIM (Blackberry) -- three of four smartphone platforms. In the wake of this sale, Interdigital has contemplated monetizing its portfolio of 8,500 patents, perhaps even putting the company up for sale. Google announced that it has bought over 1,000 patents from IBM for defensive purposes. Perennial investor Carl Icahn suggested that Motorola cash in on some of its immense portfolio of 18000 patents. Analysts have noted that Kodak's patents may be worth more than Kodak itself.

The value of these patents is not in the technology. These prices are being paid for the power to block others from using technology they have developed independently. Or for the power to block others from blocking you by threatening to block them from using their technology -- "assertion" and "counter-assertion."

The IT sector has learned to live with these practices at some cost, but the patent mania and litigation around smartphones is unprecedented. Nothing like this happened as the personal computer came of age. In Silicon Valley, suing for patent infringement was not part of the culture. Knowledge spread quickly and informally. Employees of rival firms socialized and exchanged ideas -- and moved from company to company. The Valley's unique form of social capital beat out the culture of control along Boston's Route 128 and made Silicon Valley world famous.


Julian Sanchez also has this thoughtful piece titled, "When Are Patents Obvious?"



The more highly specialized professionals are in rapid communication with each other, the more likely it becomes that you’ll see innovations that are “obvious” because they involve combining various disparate kinds of incremental prior innovative steps, but which don’t have “prior art”—meaning nobody has taken that exact step before, because it required a bunch of other pieces to be in place before it was viable. So searching for “prior art”—if that means exactly the same preexisting invention—becomes a less reliable guide to what is “obvious” in the relevant sense. But as specialization increases, it also becomes vastly more difficult for a patent examiner with broadly relevant training (engineering and electronics, say) to use his own understanding and expertise as a guide to what is truly “obvious” to someone trained in the specifically relevant domain (say, engineering mobile cellular data networks). It’s increasingly unreasonable to expect even the smartest and most diligent examiner—even assuming away all the bureaucratic and institutional incentives to err on the side of granting patents—to judge the “obviousness” of innovations across an ever-proliferating array of subspecialties.


Timothy B. Lee goes even further by asking, 'Are software patents the "scaffolding of the tech industry"?'

Quoting Lee's conclusions: "Of course, it's possible that the bankrupt company failed because its more successful competitors simply ripped off its technology and undersold it. But at least in software, this is not the common case. More often, many companies independently come up with similar ideas. The company that prevails is the one that executes best, not the one who came up with the idea first. Which means that the patent system simply transfers wealth from those who are good at building useful products to those who are good at navigating the patent system.

"Mace's post is based on a similar fallacy. He argues that patents are good because they allow a small company like his to prevent a large company like Google or Apple from copying him. Obviously that's valuable to him, but it's not clear that it's good for the economy as a whole.

"Companies have other ways to protect their innovations. They can use copyrights, trade secrets, and the head start that any inventor has over copycats. Mace objects that these protections aren't adequate to guarantee that the original inventor will win in the marketplace. But that's the point: consumers benefit from the robust competition that results when inventors have only a limited advantage over competitors. The first company to enter some market shouldn't be able to simply rest on its laurels. Remember, Facebook was a "me-too competitor" in the social networking space; it's a good thing that Friendster and MySpace weren't able to stop Mark Zuckerberg from entering its market.

"The function of the patent system isn't to maximize the profits of inventors. Rather, it's to provide inventors with sufficient incentives to ensure they continue innovating. In software, the protections offered by copyrights and trade secrets are already more than adequate to produce a huge amount of innovation. As a bonus, these regimes are less cumbersome and less prone to frivolous litigation than patents."

We rest assured that Google's move might provide a short-term fix that assures the growth of Linux in mobile phones. In the long term, Google's newly-acquired patents too need to be eliminated, along with all the rest. It's the only way to serve justice that's inclusive (includes small players and new entrants).

Comments

Recent Techrights' Posts

The 'Other' Bruce... on Openwashing at OSI (and Not Bruce Perens, the OSI's Co-founder)
Openwashing people (connected to Microsoft) already do "open weights"
Gemini Links 10/11/2024: A Writer's Block, VIM Tips and Tricks
Links for the day
"Paperless Office" (Incompatible With the Law) as a Threat to Workers' Health at the EPO, Europe's Second-Largest Institution and Largest Patent Office
"Software Ergonomics need to be brought back to the agenda at a high level!"
Joel Espy Klecker, unpaid, terminally ill youth labor & Debian knew it
Reprinted with permission from Daniel Pocock
 
Links 10/11/2024: Meaning of Life and iPhone ‘Inactivity Reboot’
Links for the day
Links 10/11/2024: Microsoft Adds Surveillance to Notepad and Paint, TikTok Shutdown Order
Links for the day
Gemini Links 10/11/2024: Scrawlspace and California
Links for the day
Links 10/11/2024: Politics, Economics, and Ticketmaster Issues
Links for the day
Linux Foundation: We've Shut Down the Mailing Lists and Fired Everyone at Linux.com So We Can Spend Money Buying Puff Pieces and Paying Clickfraud/Spammers
deeply rogue
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 09, 2024
IRC logs for Saturday, November 09, 2024
[Meme] Linux Foundation Cuts
money is spent by the million on highly dubious things
Politics Becoming Way Too 'Toxic'
'Toxic' political discourse ought to be covered, but reducing the toxicity of coverage itself (e.g. inaccurately covering things to incite "the left" and "the right") is still challenging
Linux Foundation is Rebuilding the Berlin Wall (to Keep Russians Out of Linux)
So the Linux Foundation is basically acting a bit like oppressive Soviets
Linux Foundation is a Scam Like 'Crypto' (So is the Company of Jim Zemlin's Wife, Bakkt)
To us, the Linux Foundation is just a massive scam
Remembering and Respecting Fallen Ones by Avoiding or Stopping Wars (and Boycotting Companies That Want Wars)
The people who die tend to be the least privileged and connected
EPO is Blasting Its Own Foot (There Will be No EPO Left)
If the EPO carries on shooting its own foot, there will be nothing left of it
There's Always a Way to Improve
Self-improvement is a perpetual task
List of Debian lies and deception
Reprinted with permission from Daniel Pocock
Links 09/11/2024: More Mass Layoffs and Concerns About Musk Working Like Trump Aide
Links for the day
Gemini Links 09/11/2024: Operating the Temple System and SeaweedFS
Links for the day
[Teaser] [Meme] Central Occupational Health, Safety and Ergonomics Committee (COHSEC) at European Patent Office (EPO)
These are not teenage gamers
Links 09/11/2024: Further Restrictions on Social Control Media, CASIO Cracked Again
Links for the day
Why Brown CIT Oughtn't Be Named After Thomas J. Watson (Like Many Faculties Ought Not be Named After Bill Gates)
In their own words
Reminder That Mass Layoffs Are Going on All Month This Month at IBM
The "silent" layoffs continue until the end of this month if not longer
[Meme] Just Blame Whoever Takes Advantage of Your Back Doors
The media will even sympathise with malicious and/or incompetent companies if they blame "Russia"
This Remembrance Sunday We Must Also Remember That Some 'Security Companies' Want More Cyberwar
Some companies profit from the cyberwar; hence, their objective is not to end the war
Non-Tech Enshittification: Post Office Perils and the Czech is in the Mail
We still hope that the parcel will be recovered (maybe at customs) or will be sent back some day
[Meme] Don't Try This at Home (But a Datacentre Might be OK)
Quit outsourcing to Social Control Media
There's No Free Lunch in Video Hosting
they say there's no free lunch; if you aren't paying for hosting and serving of "your" videos, you're not the customer and those videos, once uploaded, aren't quite yours anymore
Parroting Microsoft Talking Points About Computer Security
This past summer Richard M. Stallman (RMS) openly complained in a public event that the term "security" had come to mean all sorts of ridiculous things, including the very oppose of real security
Visits to OpenAI's Site Plunged by More Than 67% in the Past Half a Year Alone
'autocorrect on steroids' is mostly worthless
Pocock Running for Office Again
Pocock dealt with all sorts of 'politics' in Free software and, unlike many politicians, he has a background in science and technology
[Meme] Turning the EPO Into a Speculation Bank, Monetising It by Breaking the Law, Playing Real Estate (and Mortgage) Financial Games
travesty
Real Estate and Workplace Problems at the European Patent Office, Which Grants Fake Patents Under the Guise of "Law"
Report on the 54th meeting of the Munich LOHSEC of 20 June 2024
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 08, 2024
IRC logs for Friday, November 08, 2024
Links 09/11/2024: Politics, Climate, and Why Physical Cash is Crucial
Links for the day
Gemini Links 09/11/2024: Minerals, Rants, and Maintaining Planetary Balance
Links for the day
Plagiarism by Bots: Guardian Digital, Inc (linuxsecurity.com) Still Creates Fake Articles About "Linux"
100% fake
[Teaser] [Meme] New Ways to Impoverish Patent Examiners (Entrusted to Block Unjust Monopolies or Monopoly Applications)
Coming tomorrow!
Apple Tax funds: railways, defective concrete blocks in Ireland's North and West
Reprinted with permission from Daniel Pocock
Daniel Pocock, Nomination for Ireland, Dublin Bay South, General Election 2024
Reprinted with permission from Daniel Pocock
Links 08/11/2024: TikTok Bans and Clownflare Issues/Perils
Links for the day
Gemini Links 08/11/2024: RPS, O.D.I.N., and RSS in Yahoo News
Links for the day
Donald Trump as Censor in Chief Can Now Leverage Censorship Companies and Fake Protection Disguised as 'Security'
Centralised CAs were trouble all along
Technology: rights or responsibilities? - Part VI
By Dr. Andy Farnell
A Death of a News Industry
A theme we explored thrice today
Deciphering Centralised CAs and Why Their Demise Should be a Goal
Encryption in transmission is good; but who controls the key exchange and certification/authentication/validation?
Links 08/11/2024: Strikes, Recessions, and Slowdowns
Links for the day
"Many Applications Labelled as "Cybersecurity" and Given a Veneer of Legitimacy Are Really "Weaponised" and Abusive Code"
New from Dr. Andy Farnell
[Teaster] [Meme] New Ways of Wrecking (NWoW)
The EPO
Gateway for News and Blogs
In the long run, this site and its sister site (less overlap between them now) should hopefully become a popular destination for people who look for information, not chaff
Going Even Faster
We hope the site will be faster soon
Psychopaths Who Reaffirm Our Work's Value
Psychopaths and sociopaths lack empathy, so they're willing to go very far and stoop as low as they deem necessary
[Meme] How Low Can You Go at the European Patent Office?
Not just in terms of patent quality
More Cuts/End to Benefits for EPO Workers (Europe's Working Conditions Incompatible With the European Patent Convention)
"The Office is now reviving it but plans to introduce new cuts on benefits"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 07, 2024
IRC logs for Thursday, November 07, 2024
Security Advisory: Debian falls for social engineering hacks
Reprinted with permission from Daniel Pocock
Gemini Links 08/11/2024: US Election, RetroChallenge 2024, and More
Links for the day