Bonum Certa Men Certa

Who Focuses on Patent Trolls and Who Targets Real Reform or Advocates Elimination of Software Patents?

Red Hat and Google continue to be among those who disappoint by losing focus

Glass-Steagall
Sen. Carter Glass (D—Va.) and Rep. Henry B. Steagall (D—Ala.-3), the co-sponsors of the Glass–Steagall Act which brought real reform after the Wall Street collapse



Summary: Distinguishing between those who say they want "patent progress" and those who actually want and pursue proper progress

"Good" patent lawyers are as few as "good" software patents (we wrote about this quite recently); there's none. Lawyers are devouring companies and organisations that oppose software patents and then hire the wrong people to help out. Those people profit from the mess and they protect their new job by never resolving the mess. There is some new EFF initiative called Trolling Effects, which is being used to focus attention on patent trolls. As one site, Patent Progress, put it:



Many a small business has been there. In the owner’s hands a letter filled with tons of legalese that makes little sense. They stare at the letter shocked, trying to figure out what the hell they are being accused of doing and how it means they might be liable for millions of dollars. It is becoming too real a story in America today – the plight of the patent demand letter recipient.


Here's more on this initiative, which the EFF is behind. To quote: "Wednesday also brought the launch of EFF’s Trolling Effects, a crowd-sourced database of patent demand letters, to bring transparency and attention to that troubling practice. And yesterday Matt Levy also pointed out that comedian Marc Maron (who was sued by Personal Audio, the infamous podcast patent troll) gave a great explanation and framing of the patent troll issue in a recent interview."

The EFF's approach towards patents as been somewhat ambivalent. Some lawyers there target just patent trolls, whereas others address (or claims to address) issues of scope. Patent Progress merely reports about the EFF, but it too seems to have lost focus on scope. As this site points out, "Comedian Marc Maron Gets That Patent Trolls Are Failed Inventors Trying to Hit the Lottery" (here is a famous example), but why focus so much on trolls? Another new post from this site says:

Yesterday, I attended a panel sponsored by the American Constitution Society, “Patent Assertion Entities: Helping or Hurting Innovation?” It was a great panel discussion, but, of course, there wasn’t time to respond to some points that needed responding to.


Rob Tiller too focuses on trolls. In Red Hat's platform he points out:

Patent reform is hot! The momentum seems to be building in Congress for patent reform to address the problem of nefarious patent exploiters (also known as non-practicing entities, patent assertion entities, and, less politely, trolls). As previously noted here, there are a number of serious legislative proposals circulating, and the President is pressing for new legislation.


Why doesn't Tiller ever target software patents properly? We highlighted this recurring pattern before (his tune three or four years ago was different]). Doesn't Red Hat want them over with? Maybe its own lawyers are creating a self-feeding mechanism which keeps them necessary? This sure seems to have happened in Google, as we noted several times before. The EFF too seems to have hired too many lawyers. The real problem is patent scope and as the new article "Broward firm ordered to pay $8.1 million for software patent violations" helps show, the problem is software patents, not just those which trolls are using. Becker gets it and even some writers at the Washington Post get it (citing him), motivating posts like this new one that says:

Dislike of software patents is no longer confined to wild-eyed Redditors and Mark Cuban. The Washington Post points us to two Nobel Prize-winning economists who have recently come out against the very idea of software patents and have said that their existence is actually inhibiting innovation more than helping. Economist Gary Becker, for one, acknowledges that some software developers will lose their incentive to create software if they aren’t guaranteed intellectual property protections. However, he thinks this is an acceptable price to pay if it means freeing other software developers from the burden of high legal expenses.


Patrick Hall, who recently criticised software patents, is being slammed by patent lawyers who complain that Wired dared to give one single columns to a non-lawyer. Meanwhile, reminding us that not just trolls are a pain, Motorola gets another day in court after Microsoft sued:

This was the hearing on their RAND dispute building up to the second part of the trial in this litigation which is set to begin on August 26th, and, as is typical before a trial, both sides brought motions for summary judgment or partial summary judgment. There was a trial already, part one, with the judge only, no jury, and he set a RAND rate Microsoft should pay to Motorola, a very low rate. But there is a second trial coming up in August, this time with a jury, on whether or not Motorola breached its RAND obligations, which is what Microsoft claims, and if so, whether Microsoft should receive damages and attorneys fees. Motorola filed a motion for partial summary judgment [PDF] on those issues. Here's Microsoft's opposition [PDF].


FRAND is about patent cartels, not trolls, and these too are a problem. Let's remember to focus on the real issue and not a red herring.

Recent Techrights' Posts

Unverified Claim: Mass Layoffs at Microsoft to Start Around Week 3 (or 4) of This Month
Let's wait and see if the claim above is from an insider who has inside knowledge
 
Slop Still Rare
So far a good start for 2026
Gemini Links 03/01/2026: Climbing, Waking Up, and Social Control Media Woes
Links for the day
Links 03/01/2026: Growing Censorship, Another US Invasion, and Will Smith 'Cancelled'
Links for the day
Links 03/01/2026: Twitter Turns From Disinformation Powerhouse to Production and Dissemination of Child Pr0n, "New China Cybersecurity Law Becomes A Reality In 2026"
Links for the day
Gemini Links 03/01/2026: Formatting Text for Gopher and Text-only Websites
Links for the day
Firefox Fell Below 1% in Asia
less than 1 in 100 Web users is detected/assumed to be using Firefox
Links 03/01/2026: Ryanair Fines and Facebook Misleads Regulators
Links for the day
New Record High for GNU/Linux in Benelux in 2026
If the above trends stand (throughout the year), then we can begin talking more seriously about a post-GAFAM Europe
In the Search Engine Market, Microsoft is Falling Behind Russia's Yandex
The so-called 'AI industry' is a boy that cries wolf
A Year of Relaxation, But Also of Hardcore Whistleblowing
Expect industrial action some time soon
The More Influential Richard Stallman (RMS) Becomes, the More Aggressive Attacks on Him (and the FSF) Will Get
We've meanwhile noticed disinformation being spread in social control media
GNU/Linux Reaches All-Time High of 5% in Indonesia (Not Counting Chromebooks and Android)
There are also related events in Indonesia and SUSE in particular seems to have been popularised there
EPO People Power - Part XXIII - António Campinos Knows He's Extremely Vulnerable at This Time
Campinos should never have been put in charge
Gemini Links 03/01/2026: New Organisation System (Notebooks) and "2026 Already Off to an Amazing Start"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 02, 2026
IRC logs for Friday, January 02, 2026
The More Buzzwords a Corporation Resorts To...
buzzwords are a fool's way to compensate for or disguise a lack of knowledge
So You Should Definitely Call it "Slop" and Stop Saying "AI"
with more XBox/gaming layoffs being imminent the blowback will be fun to watch
Why Are We Still Using Voting Machines?
Voting machines still seem to me like an infantile cargo cult and an act of salesmanship (like various security theatre rituals at airports)
"Works for Me!"
Who knows best?
Why IBM Workers Like Techrights (Same Reason EPO Workers Do)
IBM will likely be a daily theme (high rate of recurrence)
Workers Fly Away From IBM's Red Hat (This Year a Lot of Red Hat Staff is "IBM")
The stock (share price) of IBM says nothing about what actually goes on
In 2025 We Contributed to the Headlessness of the OSI, But It's Not Over Yet
By airing some 'dirty laundry' about the OSI last year we contributed to its current state
Africa's Largest Population Sees Diminishing Impact of Windows
less than 1 in 10 Web requests in Nigeria comes from Windows
Russia Cuts Finnish Cables ("Hybrid War"), Finland Cuts Off Microsoft
the birthplace of Linux
Links 02/01/2026: Science, Patent Maximalism, and Public Domain Day
Links for the day
Gemini Links 02/02/2026: Books, Scams, and mkscript (a Script to Make Scripts)
Links for the day
Free Software is More Naturally Inclusive
large, intolerant, violent companies get painted as a glorious example of United Colours of Benetton
Strong Start for GNU/Linux This Year
based on statCounter
More Tools, Factorising Code
If some things in the site of Gemini capsules don't behave as expected, then that's likely due to a bug
Europe in 2026: Over 5% GNU/Linux, Not Counting Chromebooks
2026 has started strongly
State of Tech Journalism in 2026: Follow the Money
in order to understand what motivates an opinion piece one must follow the money
Slopfarm Says Microsoft's "Biggest Business" is the 'Business' Where It Loses Tens of Billions of Dollars
TOI still pretends to have a lot of output
At the Start of January 2025 Microsoft President Said Microsoft Would Spend 80 Billion Dollars on "AI" Data Centres. That Didn't Happen. Microsoft Laid Off 30,000 Workers, Debt Surged.
Maybe this coming Monday Microsoft will come up with more false promises and vapourware
Links 02/01/2026: Insurrectionist Attacks Musicians Critical of Him With Lawfare, Project Gutenberg Now Has Over 75,000 Books
Links for the day
Decline in LLM Slop About "Linux" is a Good Start for 2026
When the only remaining proponents of slop are slop, which is pretty much what's happening right now, the bubble is popping
EPO People Power - Part XXII - Contact Officials and Inform Your National Representatives (Delegates) of the EPO's Cocainegate
Europe's largest media intentionally covers up serious scandals in Europe's second-largest institution
Slopwatch Still Dead, Not Enough LLM Slop About "Linux"
this is the desirable thing
LibXML2 Will Carry on (Without or With the Name "LibXML2")
The proprietary software boosters are projecting
Gemini Links 02/01/2026: ThinkPad, SHARP Zaurus, Lagrange Handheld Support
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 01, 2026
IRC logs for Thursday, January 01, 2026
Links 01/01/2026: "Biophobia" and Renewed Effort to Locate MH370
Links for the day
Gemini Links 01/01/2026: Bot Accounts Online and Reading in 2025
Links for the day
IBM’s and Red Hat’s "Operation Evolution initiative" Just Long, Fancy Term for Bluewashing, Redundancies, Layoffs
Gerstner is still alive, but he's shorter and more arrogant
Designing a Better Mousetrap or Tools for the SSG
Static Site Generators (SSGs) - unlike all modern Content Management Systems (CMSs) - are so simple that extending them is easy
Links 01/01/2026: 1930 Works in the Public Domain, Electricity Pricing 'a Mystery'
Links for the day
Firefox is Toast Because It Got Toasted by Mozilla
Firefox cannot keep above 2% and hasn't been able to for quite some time
Ignore the LLM Slop and the Noise, Microsoft is in a Death Spiral
So what does Microsoft have left to sell?
Red Hat is Vanishing Before Our Eyes
With some Red Hat staff "transitioning" we wonder if it's an HR hack, wherein they "reset the clock" on employment duration so as to lessen severance obligations
In 2025 Microsoft Lost Palau
Palau now has GNU/Linux at steadily high levels
Microsoft Mocked UNIX/Linux for Not Handling Dates After 2038, Microsoft Breaks Down on 2026!
Only a truly moronic company would design it that way
Another New Year's Resolution: Public Domain Sources, Credits
In addition to our first one
Combatting Slop Images (and ClownFlare)
we won't use or reuse slop images
The End of Red Hat
expect many more layoffs soon
A New Year's Resolution: Maximal Transparency
We'll do our very best to be transparent about everything that's going on, even legal matters
Gemini Links 01/01/2026: 2025 Comes to a Close and Capsular Gemlog Manager
Links for the day
Free Software Foundation (FSF) Raised About 1.3 Million Dollars in the Past Couple of Months!
the FSF's Board now has 10 people in it
2026 IBM Phaseout of Red Hat
Red Hat won't fare any better than most IBM acquisitions
Microsoft Budget Issues, XBox Thrown Under the Bus
They're cutting budget. Soon they'll cut the staff.
Only Hours Into the New Year People Already Discuss the Next Round of Layoffs at Red Hat/IBM
2026 will be another tough year for Red Hat and IBM
EPO People Power - Part XXI - Europe's Second-Largest Institution Became a Corrupt For-Profit Company Run by Drug Addicts
it'll be the demise of the Rule of Law in Europe and maybe a death blow to the EU (eventually), not just the EPO
Another Very Productive Year Commences
"a total of over 17,000 pages in a year"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 31, 2025
IRC logs for Wednesday, December 31, 2025