Bonum Certa Men Certa

Prior Art-based and Abolishment-based Methods of Stopping Software Patents

United around common goals

Hands in union



Summary: Another look at two complementary approaches that help defend Free software, one being deterrence based on the latter being reform-driven

THE patents landscape is being filled up with all sorts of extortion rackets that operate rather quietly. We previously mentioned several of these, including RPX which according to LWN the OIN keeps and eye on. To quote a very detailed article which is finally accessible to non-subscribers:



There are several defensive patent pools that have spent "billions to acquire patents". These include RPX, which has 100 members, and AlliedSecurityTrust (AST), which has 22 members, as well as OIN itself. OIN is a "very peculiar company" in that has six members but is "tasked with protecting the community". OIN and its members know that the community is "where new innovation is coming from", Bergelt said, and those innovations can be used to build billion dollar companies.

[...]

There is work to be done on mobilizing the open source software community to help fight these patents, he said. There is a "tremendous amount of prior art" that has not been identified, so OIN and others have been working on "structures" where developers can document their ideas in ways that can be used by the patent office. One of those is the "defensive publication", which is like a "patent without claims". OIN has spent "tens of thousands of dollars" to try to educate developers on how to defensively publish their ideas. In addition, there are opportunities for the community to identify existing prior art that can limit the claims or possibly invalidate patents that are in the examination process.


We generally choose appeasement with the OIN, despite some disagreements. United we stand stronger and we also have been engaging in correspondence with Groklaw. Tens of thousands of dollars could also be spent trying to eliminate software patents altogether, so the above approach leaves us somewhat sceptical. This is the goal of Techrights and several other sites of its kind, including Groklaw which has this new article on why software is reducible to mathematics. Quoting the introduction:

This article is a follow up on my previous article 1+1 (pat. pending)—Mathematics, Software and Free Speech. My original intent was to write a shorter and simpler explanation of the software is mathematics argument which would be accessible to laymen. This proved to be a too ambitious goal. This is about mathematics, software, computers and patents. This topic is inherently technical. I settled on the next best thing. I tried to assume as little knowledge of mathematics, computers and software as possible and still explain things properly. There are professions like journalists in the trade press and lawyers practicing in software related fields of the law whose members know more about computing than the ordinary folks but don't have the programming skills of Linus Torvalds. These people are the target audience.

The argument is based on the explanation of how software, hardware and data combine to implement functionality. When we have a complete picture of how functionality happens we can see clearly the parts played by the mathematical concepts of computation and algorithm. Once we have this knowledge it becomes clear in which sense and why software is mathematics.


The editor of Groklaw advocates two paths towards elimination of software patents, the latter of which is more conformist and to a certain extent aligns with the OIN's work. Perhaps a little bit of both would be best, at least for the time being as software patents exist in the US.

By the way, do not pay too much attention to this new parody of a patent 'reform' which has just been passed:

The Senate gave final approval to the first major overhaul of the nation’s patent law in more than a half century Thursday, sending the America Invents Act to President Barack Obama for his signature


America Invents Act... like Patriot Act, it's just a buzzword. We should all still demand a patent reform... a real patent reform.

Recent Techrights' Posts

The Slop Presumption Rule
Tainting oneself can take one day
August 2026 Microsoft Layoffs Are "Secret Layoffs" or "Silent Layoffs"
It's all about secrecy, isn't it?
Newer Not Better: Treadmill Updates Cause Problems
after 2 years the un-updated machines still fine
SLAPP Censorship - Part 136 Out of 200: Lawyers That Get Paid to Mess About
They were already outnumbered and understaffed
 
Why Techrights Will Still be Active a Decade From Now
Techrights will carry on for many years to come
We Are Witnessing the End of IBM
IBM cannot find growth by moving downwards, by lowering standards
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 01, 2026
IRC logs for Saturday, August 01, 2026
Gemini Links 02/08/2026: Older Books, Esperanto Music History, and Slop Making Things Worse
Links for the day
Sharing and Empathy
Be more like Stallman, not Linus
Fedora 'Community' Became 100% IBM Staff, Drawing Up Policies Like CoC and CoI (Where the IBM is Excepted From Conflict of Interest Policies)
IBM has in effect killed Fedora
Gemini Links 01/08/2026: Planner Season is Upon Us, Slop "Apocalypse", and USENET
Links for the day
Cuts at IBM, Allegedly More Shutdowns to Come, CEO Visits Complicit Media to Promote Lies and Products That Will Never Exist (Misleading Shareholders)
IBM is collapsing
Links 01/08/2026: GAFAM Falling Deep Into Trillion in (Secret) Debt to Keep the Slop Bubble From Popping Already, Anger Over "FIFA’s World Cup Privatisation Plan"
Links for the day
The Cyber Show on the Slop Bubble
new article about the implosion of the slop bubble
Links 01/08/2026: New York Times Trying to Inflate the Slop Pyramid Scheme (at Cost to Its Own Reputation) and "Iran Appears to Be Blasting Amazon Data Centers Off the Map"
Links for the day
Positive Political Momentum
Daniel Pocock is taken seriously by many people who contact us privately
Google "AI" is Plagiarism, the Case of Richard Stallman (RMS)
Why would anyone choose LLM slop over the originals, curated and fact-checked by domain experts?
Explaining That Software Patents Are Neither Legal Nor Desirable
Many of our readers work in the legal sector
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 31, 2026
IRC logs for Friday, July 31, 2026
Gemini Links 01/08/2026: Retirement, Bike Trips, Quake Stuff, Usenet Reborn
Links for the day
Links 31/07/2026: Microsoft Now Says Slop is Bad (LinkedIn Cracks Down on It), LinkedIn Narrows Down Size (No Expansion)
Links for the day
European Patent Office (EPO) Series: From Alicante to Munich: Another Smooth Ride
Campinos is intent on transforming what was originally envisaged as a temporary public office into his own permanent personal feather-bed
Daniel Pocock and the Important Observation About Threats of Cult-Like Behaviours (No Rationality, No Reason, Just "Mob Rule")
It's a threat to Europe's sovereignty
The "PIP Parade" of IBM's Lousy Management, Which Said "Blockchain" Was the Future
In a healthy company such a CEO would be punished for utterly wrong visions and predictions. Not at IBM...
SLAPP Censorship - Part 135 Out of 200: Limited Liability Partnership (LLP) That Does Not Disclose Financial Activities Before August
It certainly looks like they keep losing the remaining women that still exist in the firm
Links 31/07/2026: "Climate Cover-Up Continues" and Pesticides "Cook the Planet"
Links for the day
Datacentre 'Boom' Sceptics Aren't Luddites, They Recognise a Threat to Human Survival (Not Limited to Climate Change)
Archaeologists very well know that no species will survive forever
Microsoft's Claims Are Based on a Big Lie
the bubble is coming to its hard limits
Don't Lose Sight of the Impact of "End of 10" (Vista 10)
GNU/Linux has taken off fast
Microsoft's Debt Continues to Steadily Increase, Not Counting Hundreds of Billions in Secret/Hidden Debt
The mass layoffs will carry on, maybe labelled LITE
IBM is Circling Down the Drain, the 'Growth' Comes From Beancounting Tricks and Salary Cuts
IBM was down 2.17% yesterday
Microsoft's "Headcount" Distracts From How Big a Cull It Had This Month
It also speaks of numbers "[a]s of June 30" though the "buyouts" were effective July 1 and since then well over 10,000 workers have vanished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 30, 2026
IRC logs for Thursday, July 30, 2026
Gemini Links 31/07/2026: Music, Journaling, and Longing
Links for the day