Bonum Certa Men Certa

USPTO Drives Linux Phones Out of the United States, US Citizens Speak Out Against Software Patents, Politicians Concerned

Innovation and jobs move away from software patents haven

Obama



Summary: Official confirmation that the US market is avoided due to patent mess it has become notorious for; lawmakers take action against patent trolls, but not against the root cause, software parents, which US citizens certainly oppose; patent law changes/amendments are said to be under way

MEEGO, a versatile Linux-based operating system, survives through Jolla, which plans to take on Android. But "Due to crazy US #patent system innovative startups will not enter the US market. Proof: #jolla case. Keep enjoying your iphone 5..."



Yes, here is an article about it:

At TechCrunch, Jolla's CEO Marc Dillon explains why his company will focus on China, Finland, and the rest of Europe first, ignoring the US.


US citizens should work hard to abolish software patents. They're losing a lot from these ridiculous monopolies and software patents are mostly void in the rest of the world, so US residents would be in good company by ending software patents. Ars Technica provides yet another new story about patent trolls being addressed by some politicians:

This morning, Representatives Peter DeFazio (D-OR) and Jason Chaffetz (R-UT) introduced the SHIELD Act, which would create a "loser pays" system for some types of patent litigants. The bill is meant to stymie companies that do nothing more than file patent lawsuits.

Ars spoke with DeFazio at CES 2013 in January, when this bill was still in the formative stages, to get some background about how the bill developed, and the problems the Oregon representative hopes it will solve.

DeFazio has been in Congress since 1987, and represents Oregon's 4th District, which covers a wide swath of Western Oregon. It includes Eugene, the state's second largest city and home to the University of Oregon.


President Obama recently got involved in this debate; changes are afoot:

Companies interested in protecting their inventions should be aware of major changes that are coming to U.S. patent law. The Leahy-Smith America Invents Act, signed into law by President Obama in September 2011, represents the biggest changes to U.S. patent law in more than 50 years. Although it was enacted in 2011, its most sweeping changes come into force beginning in March 2013.


Change you can hardly see even with a microscope. Change like that we are accustomed to seeing whenever a so-called 'reform' in the USPTO is announced. Let's hope this time it will be different. They speak about trolls, but not quite about the broader problem, which is patents on algorithms and vague concepts.

Ars Technica, which employs a trolls expert, has another good report about trolls:

When a couple (we'll call them the Smiths) received a letter from their ISP—one saying they were being threatened with a copyright lawsuit—they were scared. The middle-aged immigrant couple moved to the United States from Eastern Europe more than a decade ago. Both have advanced degrees, but they knew very little about the US legal system. They denied (and still do deny) the plaintiff's accusation that they downloaded a pornographic film on BitTorrent, but the Smiths were still worried about the consequences of being sued.

"We never were involved in the legal process," Mr. Smith told us in a phone interview. "I didn't know the difference between criminal cases and civil cases. I was totally ignorant."

The Smiths' predicament has become increasingly common. So-called "copyright trolls"—often law firms representing third-tier pornography producers—have threatened tens of thousands of users with lawsuits for allegedly sharing copyrighted pornography on peer-to-peer networks. A key part of the troll business model is that the cost and embarrassment of a public lawsuit involving pornography can be enough to intimidate even some innocent users into paying the trolls' ransom.


And now, patent progress is also suggested by the post titled "patent trolls stifle innovation". It says:

Over the last several months, we have been vocal in our calls for software patent reform to put an end to the threat of lawsuits on behalf of patent assertion entities (PAEs), more commonly known as patent trolls. Why? Because at Rackspace it has become our most pressing legal issue. Since 2010, our spending to combat patent trolls has increased by 500 percent.

Patent trolling has become big business. It hurts the economy – a Boston University study conducted last year found that patent trolls cost the U.S. economy about $29 billion in 2011, up from $7 billion in 2005.

No one is immune – this is an issue that affects businesses of all sizes, but small business owners and software developers are hit the hardest. At Rackspace, we are especially concerned with the impact patent trolls suits can have on open source software projects, which are important innovation centers. To us, open source gives our country the ability to increase our share of global technology innovation.


Another noteworthy new article says that software patents are evil:

Software Patents Are Evil



I was planning to write about software patent trolls and was entering "software patents" in my search engine when it offered the suggestion "are evil" to complete the phrase. I'll buy that. So to encourage more traffic here, that is the title of this post. Yes. I have been blogging for quite some time.


How about this new piece about software patents?

On Tuesday Feb 12th, the US Patent Office is holding a roundtable in Silicon Valley to discuss issues surrounding the patenting of software, and I have an opportunity to get a seat at the table. I'll attend if I get some opinions from other entrepreneurs on the topic. Do you have an stance on patenting software that you want to be heard? If so, leave it in the comments below and I'll represent the opinions I get below in person.


"Patents are for people who don't want to do the real work and use the legal system to tax those that do," Michael Robertson wrote in Twitter.

A pro-FRAND blog talks about Apple and the recent case which involves Sony, showing perhaps like other sites that are run by lawyers that the USPTO has nothing to do with innovation but with everything against it. Its site harbours opinions/papers from patent lawyers (www.uspto.gov/patents/init_events/software_ak_cc_sw.pdf), but rarely from those who practice a real field. The issue is, the former class, the group of lawyers, is still one that controls the government. It's hard to defeat these special interests, but we certainly must try. It's a global issue with universal effects.

Recent Techrights' Posts

There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
 
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
The Demise of Shopping in Person
In a world like this, how valued is the customer?
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025
Geminispace is Very Large
The word continues to spread and the number of participants grows
Another Wave of Microsoft Layoffs, This Time During National Day Holiday
This time it's China again
10 Out of 10: RMS Attracts Massive Audience in Göteborg, Sweden (All Seats Occupied, Some People Standing)
a 55-second clip of his talk
Staying Happy in Times of Crackdowns on Civil Society
Optimism in this sort of "new reality" or "new normal" seems like something for the irrational person
"Nobel" Exploited Posthumously for "AI" Hype, Now They Do the Same With "Quantum"
ere have been many jokes about "Nobel" for peace (often granted to pro-war people) and a fake one for "Economics" (establishment propaganda)
Slopwatch: Plagiarism and "Linux" Articles by Bots
Sites that do this won't survive; many of them rely on slop services (suppliers) that will cease to exist after the bubble bursts
Links 10/10/2025: Putin Admits Russia Downed Azerbaijan Airlines Jet, More New Heat Records
Links for the day
Noteworthy Claim That IBM is Firing a Lot of Lawyers This Week (RAs in the Legal Department)
A lot of what they do is patent 'trolling' or lawyering up against their own staff (e.g. HR disputes)
Links 10/10/2025: US Judge Bars Attacks by ICE On Journalists and Protesters; “We Took The Freedom of Speech Away” Says the President
Links for the day
Slopwatch: Serial Sloppers, Google News Gifting Slopfarms, and Fake News/Plagiarism About "Linux"
Google itself is a slop pusher these days
Qualcomm, the New Owner of Arduino, Blasted for Its Software Patents Tax on 'Smartphones'
A lot of Qualcomm's patents are on software. We wrote about this in prior years.
XBox Layoffs Rumours, Downtime, and Criticism From XBox Co-Founder
"everyone is ditching the xbox."
Links 10/10/2025: Honoring The Legacy Of Robert Murray-Smith, Many Articles on the Hey Hi (AI) Bubble
Links for the day
Gemini Links 09/10/2025: October Gothic and Reading Middle Earth Role Playing; C and Ada
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 09, 2025
IRC logs for Thursday, October 09, 2025
Links 09/10/2025: Farewell to Jane Goodall, California Bans Algorithmic Price-Fixing
Links for the day
Gemini Links 09/10/2025: Lost Wages and a Saga Of Continuing To Use Palm PDAs
Links for the day
Richard Stallman's Talk in Helsinki is Done. Tomorrow Göteborg.
There are scarce details in Finnish about Dr. Stallman's talk
New XBox Leaks Probably Serve to Confirm XBox's Collapse (Many More Layoffs)
It's very much consistent with what many other sites have reported lately
The Slop Song
The train wreck marches on
LLM Slop/Advanced Plagiarism Flooding the Zone With Capital That Does Not Exist
Many publishers out there still participate in this bubble instead of calling it what it is
Links 09/10/2025: Sacked Microsoft Workers Make "Sackbird", IBM Taps CockroachDB for PostgreSQL
Links for the day
"Happy Hacking Day" Richard Stallman Talk This Afternoon (From 14:00 to 16:00) at Haaga-Helia University in Pasila
Richard Stallman in Helsinki, Finland
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 08, 2025
IRC logs for Wednesday, October 08, 2025
Links 09/10/2025: Impact of Microsoft Layoffs, More Data Breaches
Links for the day
Gemini Links 09/10/2025: Autumn Blues and C IRC Bot
Links for the day