Bonum Certa Men Certa

Articles Against Software Patents and Patent Trolls

Glasses on a paper



Summary: An accumulation of recent articles on matters such as patent trolls, which mostly use software patents based on a recent survey

BOSSON from the FFII pays attention to some cost analyses regarding software patents. Quoting part of what he wrote:

Cost of software patents shown



Nice to see media addressing the cost of software patents. At CNET, Last Jim Kersteller writes "What is that patent lawsuit going to cost you". Basically you'd have to pay lawsuits costs that are very high and pushes you to settle for anything under a million dollars. It certainly puts the small firm at huge risk. And to top that one off, Techdirt describes a study on why It's Mathematically Impossible To Avoid Infringing On Software Patents. Even for the larger players patents are as Brad Feld at Business Insider says "Games Where The Only Winning Move Is Not To Play". In fact this study, at techdirt, says that you earn more if you share for free. Oh wait, thats open standards and Internet.


Over at The Inquirer, a story is told about the "folly of software patents":



Fax delays reveal the folly of software patents



SOMETIMES even the simplest ideas must wait. Markus Kuhn, a computer scientist at the University of Cambridge has been waiting patiently since 1995 to be free to exploit a simple bit of coding innovation.

Sadly for him, the intervening years have seen the technology this innovation was aimed at become obsolete. And he's in little doubt what's to blame - software patents.

Back in 1995, Kuhn had written roughly 4,000 lines of code as an open source implementation of the image compression algorithms used by fax machines. The trouble was, a single line of that code was covered by a patent awarded to Mitsubishi for an image encoding standard known as JBIG1.


In Slate, which has some Microsoft connections, patent trolls are being criticised:

How “patent assertion entities” stifle innovation. (It’s even worse than you think.)

[...]

Measuring the effects of patent litigation is a tricky exercise—you need to figure out what innovation would have happened in the absence of a lawsuit. In the case of Acacia’s PACS suit, there was a convenient point of comparison: The lawsuit covered only medical-image-storage software, not text-storage systems, which are just as technologically complex. Since most companies named in the suit sold both image- and text-storage systems, the latter could be used as a benchmark to assess the impact of the Acacia suit on the PACS market.



Recently, CSIRO (a Microsoft client) took money from practising entities, raising the costs that customers will probably need to pay network providers (thus elevating the cost of everything for the benefit of parasites):

Australia's Commonwealth Scientific and Industrial Research Organization (CSIRO) has been awarded more than AU$220m (€£142m) in an out-of-court settlement in the US concerning its patented Wi-Fi technology.


Acacia too (with Microsoft connections) found another victim while patent lawsuits generally expand and some defendants just pay to settle, thereby feeding/rewarding legal aggression. The world's largest patent troll (with origins at Microsoft) extorts a very large number of companies this way, raising the costs of everything. A lawyers' magazine asks whether this hinders innovation, but gives a somewhat inconclusive analysis (the readership includes trolls, so it tries to be "balanced"):

Do Non-Practicing Entities (aka, 'Patent Trolls') Hinder Innovation?



[...]

In addition to paying for protection, many of the bigger companies in the software business have also found themselves spending millions of dollars in order to acquire "defensive patents," with the explicit purpose of defending themselves against being sued. Of course, the great expense of court cases means that many companies have been forced to change their spending patterns.


NPEs are destroying real jobs, distracting from innovation, and altogether banning some paths of exploration, so the headline is a rhetorical question. The legal press may be unfit to answer such questions because it never produced anything innovative in the first place and success is often measured in terms of litigation (conflict), not progress. Here is a new example of a small company litigating its way into profit (Uniloc was covered here many times before) and another very recent example of litigation as a business model:

A company that makes specialist talking tablet computers for speech-disabled children has mounted a patent lawsuit which seems set to kill off an iPad app that does the same thing for a tenth of the price. The firm is making no commitment to provide replacement affordable software for consumer devices.


How does legal action with patents help innovation at all? How does that drive society forward? Who does this whole mess really help? These are rhetorical questions, but politicians appeal to campaign funding, not to common sense, so patent law continues to be a sham. The same goes for copyright law. Real change won't come on its own; it won't come through the ballot box, either.

"I'm always happy when I'm protesting."

--Richard Stallman

Recent Techrights' Posts

How We Process Screenshots of Slop to Suitably Tag Them as Slop
everything is a single command
Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
 
Team GNOME Has Libeled Me for Nearly 20 Years
we are not dealing with sane people
Experience With Airlines in 'Web Sites' and in 'Apps'
In a lot of ways, Stallman Was Right about what JavaScript would turn out to be
Open Does Not Mean Free
wiser to ask if some program is freedom-respecting
The Register MS Takes Money From Companies Banned by the Biden and Trump Administrations (National Security Risk)
today's sponsor
Sabotaging GNU/Linux PCs (and Users) is Not a 'Joke'
maybe cruelty is the very objective
Links 11/08/2025: Data Breaches, Politics, and Climate
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 10, 2025
IRC logs for Sunday, August 10, 2025
Gemini Links 11/08/2025: Tea Caffeine Hot and Super ZZ Zero
Links for the day
Slopwatch: LinuxSecurity, Brian Fagioli, and Other Serial Sloppers
Maybe Microsoft wants to dub this "Web5"
Gemini Links 10/08/2025: Residents Management Company, Automation, and Politics
Links for the day
Links 10/08/2025: AOL Ending Dial-up
Links for the day
Links 10/08/2025: Webrings, “AI Sunglasses” and “AI Eyeglasses”, US Administration Intensifies Attacks on Science and Research
Links for the day
Sometimes Newer is Worse
We generally need to reject this dumb notion that "old" means bad
The Code Used to Make Techrights Fits on a Seventh of a Floppy Disk (or 100KB When Compressed)
For the sake of comparison I've just downloaded the latest version of WordPress. The ZIP file is 27.2MB in size, or ~27,200KB.
What They Tell Young Programmers
Coding in 2025
Simpler is Better When Simple is Enough
Over-complicating things to "sell" new versions is so 1990s
Links 10/08/2025: From Social Control Media to Prison, New Examples of Windows TCO
Links for the day
Sloppy Reporting About Slop, or How The Register MS Lowers Its Standards
Maybe the management isn't even aware of this
IBM's Strategy: Cull 'Expensive' Workers, Replace Them With Cheaper Ones
So far we saw not even one rebuttal or challenge to the claim of Red Hat layoffs scheduled for tomorrow
If You Attack Somebody Too Much You Legitimise and Strengthen That Somebody
at the end those attacks add up to a "martyr" status
The Man Who Helped Microsoft Kill Linux is Trying to Delay Our Lawsuits Against Him
By conservative estimates, and based on court documents submitted by them, they're prepared to spend over a million dollars on lawyers, fighting against me and my wife
Gemini Links 10/08/2025: Gen Con 2025 and Framework Laptop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 09, 2025
IRC logs for Saturday, August 09, 2025
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day