Bonum Certa Men Certa

Those Who Push for Patent Reform and Those Who Protect Protectionism

Hand idea



Summary: Google, Red Hat et al. versus the old guard which is lawyers and ageing companies such as IBM

Following a much-publicised action against patent trolls a lot of awareness is spread about the issue and some "Ask FTC, DoJ To Do The Same" (i.e. take a stand). Being part of the corrupt system which harbuors the monopolies office, the USPTO, they are hardly doing anything, so the negatively-affected corporations are lobbying. The government did take a stand against some other patent practices as of late, why not trolls? There are a variety issues such as FRAND (see this battle which hits Android from numerous directions) that show not only trolls are a problem. Google focuses on the price of trolls because Microsoft uses trolls like MOSAID as proxies in this battle -- an issue about which Google has already spoken. One article says that "Google — along with Blackberry and other tech companies — has asked the FTC to pay greater attention to patent trolls, who embroil companies in expensive litigation over bogus claims on the ownership of new technologies." If trolls are stopped, the litigation-by-proxy strategy too is impeded.



The FTC has not been promising when it comes to justice, but Red Hat is at least helping raise awareness with that aforementioned complaint. The EFF is also involved in this. It wrote:

EFF filed comments today urging the Federal Trade Commission to take action against patent trolls. We have written often about the rise of the patent troll—entities that don't create products themselves, but instead buy patents and make money from lawsuits—and the serious harm they are causing true innovators.


Here is some coverage from London:

Google, Red Hat, BlackBerry and ISP EarthLink have called on the US Federal Trade Commission and US Department of Justice to take action against patent assertion entities (PAEs), or as they are more commonly known, patent trolls. In a letter to the agencies, the companies point out that PAEs are now filing four times as many cases as they did in 2005 and claims cost US companies at least $29 billion in direct costs in 2011 and $80 billion when accounting for indirect costs. Although large companies face hundreds of PAE lawsuits, the vendors point out that small and medium-sized companies are the most frequent targets. According to the comments, 62% of all recently filed patent litigation is PAE lawsuits.


Make no mistake, this isn't a one-sided battle in the press. The debate is rigged and there's more. Corporate media has some troll toll apologists with weird lines of logic, as shown in the case of Tim Worstall. Not too long ago the same site's blogs amplified the arguments of Lundberg, one of the most vocal software patents proponents [1, 2]. There is also IBM which is appearing in a prominent pro-software patents site (run by patent lawyers).Manny Schecter (IBM's patents chief) is again being borrowed by the patent maximalist, who is latching onto glorified lawyer Rader. Pamela Jones responded by writing: "Judge Rader is describing only one form of abuse, trolls. Companies can abuse the system too, as the smartphone patent wars have so ably demonstrated. Until someone addresses the issues of patentable subject matter, invalid but issued patents, and design patent misuse, none of the above will really help. Trolls are a problem, but they are not the only problem."

In the midst of all this opposition to patent trolls we find that a very notorious troll is suing many companies again. To quote one report:

Remember Lodsys, the “inventions” firm that started issuing letters to iOS developers’ doors back in 2011, warning them that by using Apple’s in-app payment mechanism they were infringing on patents it owned? Well, as MacRumors notes, Lodsys has now risen from its slumber to take on the might of Disney, and others.


Another article about it says that 10 mobile game makers have been hit by these software patents. There is no lack of examples of the harms of software patents (a troll's favorite weapon) and the latest nonsensical arguments and flawed analogy from Goetz [1, 2, 3, 4, 5, 6] gets smashed by Jones, who wrote: "Aside from the ridiculousness, and inaccuracy, of his posited example, may I just point out that the Wright Brothers held back innovation in the US aviation industry for years? As Patent Plaques writes: "The Wright’s patent wars were not without consequences. Unfortunately, all of the time spent fighting to protect their patent was time the Wright’s were not spending on innovation and the development of new planes. Their planes became inferior to the planes being produced in Europe." Neither were they the inventors of airplanes, despite the claims. Many others flew before or contemporaneously, we now know. Nor was the patent on airplanes; it was only on one aspect of it, a method of flight control, and France and Germany refused to grant them a patent there, which is why inventors there bypassed US aviation. The same thing will happen with software, by the way, if no one acts to stop the strangulation of innovation via software patents."

That spin, unsurprising enough, came from a lawyers' site, Patently-O. Here is one new column that slams the patent system. No text shows up in this page. It may seem as though software patents are being pushed back, but not enough software developers write about this issue. Lawyers specialising in patents are rigging the public debates, still. It for their own profit -- profit at the expense of programmers.

Recent Techrights' Posts

GNU/Linux May Have Grown to 7% in Equatorial Guinea
Has there been some kind of mass migration there or is this just noise in the data?
 
Gemini Links 09/02/2026: Great Salt Lake Ecological Observatory and Offpunk 3.0 "A Community is Born" Release
Links for the day
Links 09/02/2026: Mass Plagiarism and Pollution/FakeCoin Company Nvidia Contacted Anna’s Archives, Narges Mohammadi Gets Second Prison Sentence
Links for the day
Links 09/02/2026: Russia Intentionally Killing Civilians, Jimmy Lai Effectively Sentenced for Life for Publishing News
Links for the day
Microsoft Competitions, Addictions, and Popularity Contests Are Not Going to Help Perl, They'll Waste Everybody's Time and Give Microsoft More Control Over Its Competition
Microsoft does not like Perl
A Can of WORMS - Part IV - They Would Even Attack RMS for Criticising Autocrats (Saying This is "Politics")
Conforming to society's perceived expectations isn't how effective activism can ever be done or was ever done in the recent past
Gemini Links 09/02/2026: The Exploration Myth and Making JavaScript Fun
Links for the day
EPO Outrage and Maintaining the Pressure
A vending machine does not fall over after a first push
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 08, 2026
IRC logs for Sunday, February 08, 2026
"Low Performer" and "Underperformer" as Harmful Misnomers That Damage a Company's Reputation
Misnomers need to be avoided or called out
Expensive errors: Forbes Gold price, $44 billion Bitcoin given away by Bithumb, South Korea
Reprinted with permission from Daniel Pocock
Links 08/02/2026: Microsoft OSI (Openwashing Lobby) in Europe, Raised Against Social Control Media Provocateurs in EU
Links for the day
The Open Source Initiative (OSI) Lobbies for Microsoft in the EU, Promoting Proprietary Lock-in
OSI pushing and selling Microsoft and GitHub. OSI is Microsoft front group.
Getting the European Court of Justice to Annul the Illegal and Unconstitutional Unified Patent Kangaroo Court (UPC)
We're still working on it
Finland's Dependence on GAFAM (US) Needs to be Lessened, EU Must Follow This Path
It's unwise to make one's entire national infrastructure (computer systems) dependent on a regime which compares its black citizens to monkeys and assassinates nonviolent dissenters
Links 08/02/2026: Microsoft GitHub as Burden on Developers and "The Chomsky Epstein Files"
Links for the day
Gemini Links 08/02/2026: "Doing Not Much Tweaking" and "Reclaiming Digital Agency"
Links for the day
Forbes: BitCoin, Cryptocurrency pages removed from investment database, links stop working
Reprinted with permission from Daniel Pocock
Bitcoin warning followed immediately by network outage
Reprinted with permission from Daniel Pocock
Money Funneled to Protection of Software Freedom, But Nothing Really Lost
Crossposted from personal site
They Tell Us Slop Replaces Workers, But the Reality Is, US Debt Has Surged 2,300 Billion Dollars in Six Months (the Economy is Collapsing)
Oligarchy already entertains the option of running away to (or colonising) some other planet without pitchforks and "unwashed masses"
Mozilla Firefox Sinks to Just 1.5% in the United States
According to analytics.usa.gov
We're Still Fast
The site is even faster than the BBC's despite being on shoestring budget with only a small technical team
Gemini Protocol is Not a Waste of Time of Effort
We see more and more GNU/Linux- or BSD-focused bloggers turning to Gemini
Our Gemini Protocol Support Turns 5 Today
today is a rare anniversary for us
In Today's World, One Must be Tough and Principled to Get Ahead Morally
But not financially (sellouts)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 07, 2026
IRC logs for Saturday, February 07, 2026
The Right Wing in the United States Does Not Support Free Speech, It Supports Its Own Speech
Free speech is often opposed by those who also oppose Free software
IRC is a Lot Better Than Social Control Media (They're Not the Same at All)
A good social analogy for IRC is, there are many buildings with a party in each building
Microsoft 'Open' 'AI' is 'Dead Meat'
Or 0xDEADBEEF as some geeks might call it
When Identifying "Low Performers" and "PIPs" Aren't About Improving Performance But Reinforcing a Clique in Your Company/Organisation
It's very troubling to see once-respectable brands like IBM and institutions like the EPO resorting to this
Slop and Flop (IBM), Slopfarms and Hybrids (Linuxiac)
Did Bobby Borisov assume he would never get caught?
Crowdfunding vs Bitcoins: donations are better investment than digital tulip mania
Reprinted with permission from Daniel Pocock
Links 07/02/2026: Misinformation by Slop, Overrated Slop Causes Stock Market Panic
Links for the day
Gemini Links 07/02/2026: Diode Function Generators and Panic Over Buzzwords and Slop
Links for the day
A Can of WORMS - Part III - Envying the Influence and Accomplishments of RMS, Socially Deleterious Attacks on Popular Movements
the actions are deliberate and coordinated, not some 'organic' or grassroots behaviour
Crisis teams assembled as financial regulators anticipate Bitcoin implosion
Reprinted with permission from Daniel Pocock
Reddit as a Hive of Trolls, Social Control Media Curated (Many Voices Censored and Banned) by Marketing Firm of GAFAM
Typical Reddit
The Solicitors Regulation Authority (SRA) Delusion - Part III - Women Failing Women to Help Violent Americans From Microsoft
Summed up, SRA will gladly prioritise the "legal industry" over women strangled, raped etc
The World Gets Smaller, as Does Its Real Economy ('Human Resources') and So-called 'Natural Resources' (What Humans Call the Planet)
Don't talk about "AI"
Converting FOSDEM Talk on Software Patents in Europe Into Formats That Work for "FOS" and Don't Have Software Patent Traps
transcoded version of the video
Links 07/02/2026: More White House Racism, "Europe Accuses TikTok of Addictive Design"
Links for the day
Silent Mass Layoffs: It's Not the Revolution, It's the Loophole and the Hack ("Low Performers" or "Underperformers")
Layoffs by another approach
Mark Shuttleworth (MS) Pays Salaries to Microsoft (MS) Employees
Canonical selling Microsoft
Links 07/02/2026: Windows TCO Rising, Lousy Patents Invalided
Links for the day
Microsoft Leadership: Stop Taxing Us, Tax Only Poor People
Does Microsoft create jobs?
Biggest "AI Companies" (Meta, Alphabet, Microsoft) Borrowed (Additional Debt) About $100,000,000,000 in a Year
Who will be held accountable for all this?
In Case You've Missed It (ICYMI), Google's Debt More Than Doubled in a Year
Wait till it "monetises" billions of GMail users with slop
In 2009 Microsoft Was Valued at ~150 Billion Dollars, Now They Tell Us Microsoft Lost ~1,000 Billion Dollars in Value. Does That Make Sense?
Or Microsoft lost 700 billion dollars in "value" in less than two weeks
PIPs and Silent Layoffs at IBM (and Red Hat) Still Going on, It's "Forever Layoffs" (to Skirt the WARN Act)
American workers out
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 06, 2026
IRC logs for Friday, February 06, 2026
Stressful Times for Team Campinos ("Alicante Mafia") at Europe's Second-Largest Institution
Keep pushing
Growing Discrimination in the European Patent Office (EPO)
it's a race to the bottom, basically
Google News Drowning in (or Actively Promoting) Slopfarms Again
LLM slop is a nuisance
Microsoft Stock Crashed When Alleged Vista 11 Numbers Disclosed
And last summer Microsoft indicated that it had lost 400 million Windows users
Gemini Links 07/02/2026: "Choosing a License for Literary Work" and "Social Media Is Not Social Networking (Anymore)"
Links for the day