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

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day