Bonum Certa Men Certa

A Demise of the Patent Plot Against Linux

Apples in basket



Summary: As misconceptions about the patent systems get removed and Google's patents heap expands massively, a ban of Android devices proves counter-productive to Apple and there appears to be a growing push for reassessments, even from Google

JUDGING by the news, patent unrest has become part of the national debate and agenda. As always, lobbyists try to reverse this trend.



Microsoft Florian is still up to old tricks (see the comments too) and his lobbying agenda provides new distortions from a former Microsoft lawyer who helps distract from analyses of the Motorola deal. A known foe of the patent systems writes:

So let’s get this straight. Apple and Samsung are suing each other, while Apple relies on another division of Samsung for key parts. Apple and Microsoft–and apparently RIM–are using patents aggressively to stop competition, despite each having been hammered hard by others (including patent trolls) for patent infringement. Google, who seems to want patents for defensive purposes, lost out on the Nortel patent shield (acquired by its competitors Apple, RIM, Microsoft, etc.), but has paid billions of dollars now for patents from IBM and even from Motorola (recently its patent enemy), and may pay more for Interdigital’s patents–in a continuing escalation of the patent war in the smartphone segment of the market.


It all helps substantiate calls for a fix to the patent system, which has become a tool for Apple's litigation and blocking of competition. Giga Om indicates that Apple's embargo attempts are failing because the claims are weak and Apple's fabricated 'evidence' can only make matters worse. Glyn Moody's latest analysis goes along the following lines:

In the present case, that Community design [.pdf] consists of a drawing of a rectangular tablet with rounded corners and a border. That's it: it's as vague as a very vague thing can be, but apparently it's enough to get Samsung's tablet blocked in Europe because they, too, are rectangular with rounded corners and a border.


"The European Commission has created a monster here," explains Moody, "one that most of us (myself included) didn't even know existed. Clearly, this horror needs slaying before it starts marauding through the entire European economy, wreaking havoc on a scale that makes today's patent litigation look like playground fistifcuffs."

The Inquirer says that the ban has already been partially lifted and one GNU/Linux advocate notes that "[e]ventually Apple will have gained nothing from this litigation except some hefty legal bills."

"The Android army marches on...."

Peter Köhlmann, a German GNU/Linux advocate, says: "The whole thing is a riot. It has been the *wrong* court from the start. If apple wanted to ban the device in Europe, there is exactly *one* court which is applicable: The Trade court in Alicante / Spain

"And for Germany the Düsseldorf court was also the wrong one, they must use the one in Frankfurt, because that is where Samsung/Germany is located.

"So expect a *very* costly decision for apple to chose the wrong court and, to top it a little, use manipulated evidence."

With over 650,000 activations a day, Android is now making Linux very prevalent on mobile devices while the Microsoft-boosting cult promotes Microsoft's patent propaganda book. How shameful. They just cannot advise people to buy Windows phones, so they try to assure Microsoft tax on Linux.

Google is meanwhile exploring routes to defanging patent trolls, which Motorola's patent portfolio cannot be effective against. Katherine Noyes uses the whole case to say that this is why we need to kill all software patents. "If there's any lesson to be learned from Google's news-making activities these past few days," she explains, "it's that software patents are a problem."

"The most recent illustration, of course, is Google's $12.5 billion purchase of Motorola Mobility, clearly a strategy for gaining the latter's considerable catalog of patents."

Mike Masnick adds that startups needing patents is a myth too:

While I'm not as much in agreement with the crew of folks who likes to separate out "software patents" from the rest of the patent system (the whole system is broken), I can see serious problems with the way that "software" is patented these days. I tend to think that the fix isn't to carve out software patents, but to fix the whole system itself. Still, if we look at what are generally considered software patents, it does seem clear that they are doing tremendous damage to the industry and innovation as a whole -- and thus are very much in violation of the Constitution's patent clause which only allows for a patent system if it "promotes the progress." Tim Lee points us to James Besson's most recent paper, in which he analyzes a generation's worth of software patents and shows how such little most in the software industry actually seem to want patents. In fact, it's mostly those outside of the industry who obtain software patents.


Patently-O joined this debate about software patents by pointing out that:

In an important decision, the Court of Appeals for the Federal Circuit has rendered many broadly written software patents invalid under 35 U.S.C. €§ 101 as interpreted by Bilski v. Kappos, 130 S. Ct. 3218 (2010). Most patent decisions involve questions of whether an invention is obvious under 35 U.S.C. €§ 103(a) or sufficiently described under 35 U.S.C. €§ 112. Section 101 asks a slightly different question – whether the patented invention is the type of innovation that properly fits within our patent system. In language virtually unchanged for over 200 years, Section 101 indicates that a patent should be awarded to the inventor of "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof." Over the years, courts have repeatedly held that Section 101 bars the patenting of 'laws of nature, physical phenomena, and abstract ideas.'


So that ought to exclude mathematics, which is what a lot of software essentially implements at a lower conceptual level.

The USPTO says it has granted 8,000,000 monopolies on ideas so far. Does that actually promote progress or only an illusion of advancement? At Microsoft, patents used for vapourware is still the modus operandi, perhaps for PR purpose. Everything for mobile patents blackmail and Windows 8 hype. Hopefully the next version Windows will emulate the mobile platform and suffer a similar fate. It seems like neither Apple nor Microsoft could face Android without some legal harassment, and that too is ultimately failing because Google found armament opportunities. Interesting times ahead.

Comments

Recent Techrights' Posts

Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
 
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day