Bonum Certa Men Certa

Update on Patents Versus Android/Linux, New Rants Against Software Patents

Telecoms fail

Pipes



Summary: A news roundup about patents and legal battles affecting software which respects some freedoms

THE PATENT BUBBLE is hurting Linux and Groklaw's Pamela Jones asks: "Remember I told you that Oracle wasn't giving up? Here's the proof. They have filed a motion saying that if, by any chance, there is no spring trial, or if the USPTO appeal goes its way in time, it asks the court to allow it to amend its infringement contentions regarding patent '205."



So it is too early to expect Oracle to just back off. Google is meanwhile shown to be making progress with those Motorola patents that can be used as a deterrent against further litigation. The reactionary armament not as problematic as Apple and Microsoft would have people believe; it's problematic to the duopolists, not to Google or Motorola.

"The reactionary armament not as problematic as Apple and Microsoft would have people believe; it's problematic to the duopolists, not to Google or Motorola."The truth is, this patent armament locks smaller players outside. NASA, which is funded by the US public, feeds trolls and British newspapers take note [1, 2]. Microsoft pays trolls yet again, whereas Nintendo defends against trolls who attack. There are new patents from allies of Microsoft: "As noticed by Data Center Knowledge, the technology is laid out in a Facebook patent application recently released to the world at large."

Facebook, which is partly owned by Microsoft, is a patent aggressor, too. Google does apply for patents, but unlike Facebook it does not sue companies using patents. Not yet anyway. It is a matter of policy.

Not so long ago we wrote about how MOSAID got fed by Microsoft and then got Apple sued. These stories too help show the insanity of the patent system, wherein shell companies (or proxies) can be used to wage battles at the behest of monopolists.

Here is a new perspective on the "broken system for software patents":

In Slate’s Farhad Manjoo: Use Crowdsourcing to Improve Patents and Kill Patent Trolls, I explained why the focus on patent trolls is misguided; and why using crowdsourcing and incentives to increase the quality of prior art brought to the patent office’s attention, to improve patent “quality” by weeding out “bad patents”–is also misguided. And that improving patent quality will address the patent troll problem. And that improving patent “quality” is not a desired solution since the low quality of patents and the patent examination process has little to do with the threat patents pose to innovation and the economy.

Derrick Harris’s Gigaom post, Can big data fix a broken system for software patents?, is also on the wrong track. The post explores various proposals to use “data analytics” to improve prior art searches for fields like software patents.


The problem is not prior art search; the problem is government-granted monopolies on algorithms.

This whole idea that stuff encoded or delivered over the Web basically becomes patentable must stop. As TechDirt put it the other day:

Why Does An Unpatentable 'Abstract Idea' Become Patentable If You Add 'On The Internet'?



Back in 2009, we wrote about a case involving a company called Ultramercial, which held a broad and ridiculous patent (7,346,545) that effectively covered the process of watching an ad before you could download content (seriously). Ultramercial sued Hulu, YouTube and WildTangent over this. The case went back and forth with an initial ruling that rejected the patent, by noting that it was just an 'abstract idea' and abstract ideas are not patentable.

[...]

Along with the petition, there were also two interesting filings in support, urging the Supreme Court to hear the case. One from Redhat, CCIA and EFF, which goes into great detail about how such broad patentability would seriously harm the open source world, and a strongly worded brief from Google and Verizon (yes, together) about how such a ruling would do serious harm to innovation by allowing all sorts of abstract ideas to be locked up via patent. Hopefully the Supreme Court is willing to listen -- and will push back (yet again) on a bad CAFC ruling.


In the news we continue to find software patents like this new one on an "algorithm", another one here, and a patent-pending nonsense for Apple-targeted junk. Here is another new rant about software patents:

Why Hayek Would Have Hated Software Patents



In his famous essay “The Use of Knowledge in Society,” Friedrich Hayek argued that the socialists of his day falsely assumed that knowledge about economy could be taken as “given” to central planners. In reality, information about the economy—about what products are needed and where the necessary resources can be found—is dispersed among a society’s population. Economic policies that implicitly depend on omniscient decision-makers are doomed to failure, because the decision-makers won’t have the information they need to make good decisions.


By now, it is generally agreed among journalists (and the public) that software patents need to go. But lobbyists and policy-makers do not represent public interests. That ought to change. The crisis of democracy cannot be separated from technology. What we see here is an element of class warfare -- one where those in power leverage protectionism as matter of law. ⬆

Recent Techrights' Posts

Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
 
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
Links for the day
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs