Bonum Certa Men Certa

Current Patent 'Reform' Criticised in the Press, Software Patents Need to Go

Bumps on the road towards freedom

Danger sign



Summary: An overview of coverage about patents and where we are heading without the required reform

SOFTWARE freedom is being jeopardised by the rising influence of patent cartels. One must not take for granted or for certain the triumph of Android, which enjoys an economic advantage. Hardware makers tend to favour Android because it is a free platform which also offers many features. Android can compete with Blackberry, Symbian, and iPhone/iOS not just because of cost but also the growing impact and inertia. Its vast repository of applications, for example, would not have been possible without the cost advantage; it is a chicken-and-egg scenario.



"This illustrates the sort of loophole that exists in the system, allowing big corporations to just harass their competitors without being sued back or even deterred by other patent arsenals."Realising that they react too late to the growing importance of Android, the oligarchy of Nokia, Apple and Microsoft now holds onto software patents. They are trying to diminish Android's cost advantage and also make it more expensive than already-pricey proprietary platforms (often tied to particular hardware/phones). Apple has been suing with goal of embargo, Microsoft has been suing mostly with goals of taxation and extortion/intimidation, and Nokia has just had a Microsoft mole installed. This mole has just passed thousands of patents to a patent troll, MOSAID, to attack Android while he spreads yet more FUD about Android. Nokia would like it to look like it is the troll -- not Nokia -- which is behind the patent attacks. This illustrates the sort of loophole that exists in the system, allowing big corporations to just harass their competitors without being sued back or even deterred by other patent arsenals.

The patent reform which the press speaks about these days is somewhat of a sham because it does not resolve the problems mentioned by those who have been calling for a patent reform. It is not entirely clear why the real problems are getting swept under the rug, unless of course one departs from the supposition that those in charge do not serve public interests. Here is a new AFP article which says about the exiting reform that is misses the point for the following reason (among others):

Endpoint Technologies Associates' Kay said consideration should be given to doing away with software patents altogether.

"People patent any old thing and they repatent things that are already patented," he said. "Really we should be going 180 degrees in the other direction and saying 'How about no patents for software?'"


James Temple, a Chronicle columnist, also expressed scepticism along similar lines. "The real solution is raising the bar on what gets patented in the first place," he wrote. "Technology industry patents are riddled with "fuzzy boundaries" - broadly-worded business methods and software solutions continually arrived at independently. If anyone can think it up, it ain't that novel in the first place."

"Protectionism and monopoly are not good for the public, but it is exceptionally beneficial to some people with a lot of money and power."James Love, who has been busy in recent days looking at Cablegate cables just as we did, claims that "In #TPPA negotiation, White House wants negotiating text secret from public, but available to governments and big firms" (underlining the problem with the existing process).

According to other sources, patent firm "Jurasoft gives 20.000 EUR to German Pirate Party, while filing for software patents in DE: http://t.co/2Q5CYDY http://t.co/KVUcQCy" (as noted by Benjamin Henrion). Will this influence The party's policies? It is not unusual for us to see groups that proclaim to represent public interest while in fact doing the opposite.

We remain hopeful that in this anti-competitive mess which puts Linux in danger there will be enough involvement from the public -- not large corporations -- which will result in elimination of software patents. Protectionism and monopoly are not good for the public, but it is exceptionally beneficial to some people with a lot of money and power. Their lucrative patent market is the embodiment of their entitlement. By crushing it, the public can take more power back from those who influence politics in private.

Comments

Recent Techrights' Posts

The FSF Board and FSF Beard
So the FSF's Board has grown
Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
 
Links 22/06/2025: Windows TCO Tales and YouTube Getting More Hostile to Users
Links for the day
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day
The Calling
Persist and persevere, justice will come your way
So Far Every BetaNews 'Article' is LLM Slop, So BetaNews is Officially Just a Slopfarm
They just don't seem to value what they have
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day