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

Televisions Have Become Billboards
Bottom line: you get what you pay for
 
SLAPP Censorship - Part 181 Out of 200: This is Really More Like Brett Wilson LLP v Schestowitz (Using Money From American Slop Companies, Plagiarism Pushers)
We approach the parts where we explain that the Application to the Court with Garrett's name on it was instead complaining about fair criticism of the combative law firm (irrelevant to any injunctions) as if it was impermissible to explain what it had done - and still does - to my wife and I
It Sometimes Feels Like Slop Companies Are Committing Online/Digital Crimes
"GPT" out of control
Gemini Links 13/09/2026: Why Omarchy is "Plain Disgusting" and "AI Slop" and Why "Plain Text To Do List" Rocks
Links for the day
Links 13/09/2026: Scam Altman Admits Issues (Financial), Rival Says Stop Slop (Plagiarism)
Links for the day
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026
Mass Layoffs at Microsoft as "Voluntary Separation Agreement" (or PIP)
the man who kept lying about the layoffs has just left the company
The Cyber Show on Media Clickbait About Slop as 'Existential Threat' and Derek Thompson's Response to That
Ignore the hype, focus on real news
Links 12/09/2026: "Revolt Is Here" Against Slop and "Top Chinese Court" Cracks Down on Slop That's Fake/Misleading
Links for the day
Gemini Links 12/09/2026: Rants About Slop, Switching From QWERTY, and Why TVs Are 'Cheap'
Links for the day
SLAPP Censorship - Part 180 Out of 200: A Third Act, (Mis)Using Your Client's Application to the Court for Your Own Purposes as a Law Firm (Reputation Management and Censorship)
How much can a lawfare firm get away with?
Canonical Has Withdrawn Ubuntu 24.04.5 Installer Due to a Critical Bug Connected to Microsoft-Controlled Restricted Boot and TPM
already breaking systems running GNU/Linux [...] Who asked for TPM in Linux?
SLAPP Censorship - Part 179 Out of 200: Using One's Clients to Save Face at Their Expense
Who's being served really?
Switzerland's Software Freedom/Digital Sovereignty is Improving as People Move to GNU/Linux
Well done to them
Links 12/09/2026: "U.S. Debt Surpasses $40 Trillion" and "Trump Wants to [Illegally] Bribe Voters."
Links for the day
Gemini Links 12/09/2026: Readjusting, Fighting Sleep, and FreeBSD bhyve
Links for the day
Matt Mullenweg Got the 'Linus Treatment' or 'RMS Treatment'
"back, but not in charge any more..."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day