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

Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
"But Corruption is Everywhere"
"We'll always have Polio..."
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025