Bonum Certa Men Certa

World Wide Web at Risk Due to Software Patents

Tim Berners-Lee
Image from Wikimedia



Summary: How patents that are granted to cover mere concepts impede the biggest hub of innovation

THE founder or inventor of the World Wide Web is strongly against software patents. I once exchanged a few words with him, noting that foes such as Apple and Microsoft had been appointed to key positions at the W3C. Apple is particular has been criticised for patenting an essential part of the Web, never promising not to be aggressive with this ammunition. Microsoft too acquired many WWW/Netscape patents (from AOL), which puts it at great odds.



There is a patent troll which notoriously holds WWW-hostile patents and this new report from a patents news expert sheds some light on where this is standing:

A patent-trolling firm called Eolas, working together with the University of California, took a notorious patent to trial in East Texas earlier this year, trying to win close to $1 billion from Internet companies including Google, Yahoo, Amazon, and others. The inventor of the World Wide Web, Tim Berners-Lee, actually flew down to East Texas to testify for the defense, which ultimately beat Eolas.


Tim B-L's involvement, which we called for, shows just how serious this is. Linus Torvalds also played a role in a case against Linux, where FAT patents had been used aggressively to extort Linux users.

“The whole point of a programmable computer is precisely that there is no need to make a new machine for every individual program.”
      --PolR
Just how bad can software patents get and still be tolerated by patent examiners? Over at Groklaw. PolR publishes another article which discredits the USPTO. It starts as follows:"If you ask this question you may receive a different answer depending on who you ask. If you ask a patent attorney he will answer that there is well established case law that says programming a computer in effect makes a new machine for purposes of patent law. But if you ask a computer programmer he will say that obviously, programing a computer doesn't make a new machine. The whole point of a programmable computer is precisely that there is no need to make a new machine for every individual program."

A computer program, unlike physical parts (hardware) should not be patentable merely because it emulates the function of hardware. This is a fundamental problem that the USPTO is failing to see. Computer programs can simulate just about anything a single-purpose machine can do or achieve except a physical by-product or outcome. To permit monopolies on algorithms is to ban simulation, even in one's own mind. It stifles free expression.

“The only patent that is valid is one which this Court has not been able to get its hands on.”

--Supreme Court Justice Jackson



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: Giving Up on Smartphones and 'Jaws' at 50
Links for the day
Gemini Links 22/06/2025: Furniture Construction and Bubble for Comments
Links for the day
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