Bonum Certa Men Certa

The World's Craziest Patent System (USPTO) Now a Serious Threat to Free Software, But So is Copyright

Privatising everything, even vague ideas

Author



Summary: Patents on everything that's conceivable are being granted and even APIs are being monopolised, due to overzealous copyright lawyers

YESTERDAY we wrote about Amazon's latest crazy patent, using it as an example of how crazy the USPTO has gone. It's not even an examination centre, it is approving almost everything that comes through, rendering it just a rubber-stamping pipeline like ISO. Ars Technica says that "Amazon’s latest patent is sillier than the peanut butter sandwich patent", or to put it another way: "Thought the peanut butter sandwich patent was a joke? That one doesn't even register a chuckle compared to a patent recently granted to Amazon.com. The e-commerce giant now can claim a legal monopoly on the process of photographing people and things against a white backdrop."



The USPTO is starting to look more like a hoax. Sun employees, whose patents got passed to Oracle, said they had joked about how silly a patent they could get past the USPTO. They even competed over how ridiculous a patent they could slide through. And watch what Oracle is doing with such patents right now. Copyright may be essential for copyleft licences such as the GPL, but what happens when patent attacks on Android are coupled with copyright on APIs? To quote the EFF: "We're still digesting today's lengthy decision in the Oracle v. Google appeal, but we're disappointed—and worried. The heart of the appeal was whether Oracle can claim a copyright on Java APIs and, if so, whether Google infringed that copyright. According to the Federal Circuit today, the answer to both questions was a qualified yes—with the qualification being that Google may have a fair use defense.

"Quick background: When it implemented the Android OS, Google wrote its own version of Java. But in order to allow developers to write their own programs for Android, Google relied on Java APIs. Application Programming Interfaces are, generally speaking, specifications that allow programs to communicate with each other. So when you type a letter in a word processor, and hit the print command, you are using an API that lets the word processor talk to the printer driver, even though they were written by different people."

Copyright, patents and even trademarks in the US need revisiting. There are many examples where each of those three get misused to censor, to crush competition, to impede innovation, and ban sharing where it's clearly beneficial, collectively. The waning dominance of the West may, in some awkward way, one day weaken all those artificial barriers that ACTA, SOPA, TPP etc. are trying to prop up. Right now it's too damn clear that progress is not the goal; protectionism for the top 1% of wealth holder is the goal.

Comments

Recent Techrights' Posts

IBM: Less Than a Month's Severance for Each Decade of Service
Yes, decade!
The EPO, Europe's Largest Patent Office, Admits Outsourcing to Microsoft Slop
Their sole goal is to make more money
The Better the Understanding or the More Nations Understand the Threat Posed by Microsoft, the Faster It'll be Eradicated
We believe that the thing to advocate is self-hosting and Free software... A lack of simplicity or absence of alternatives is a form of vendor lock-in
 
July 2 2025 Would Not be First Big Wave of Microsoft Layoffs Before Major National Holiday
July 2 or 3 mark the start of a very long weekend in the US
IDG's NetworkWorld Seems to Have Just Become LLM Slop
If IDG (now controlled by China) does that in at least one site, why not the rest? Only a matter of time?
Gemini Links 16/06/2025: Free Lunches and Bookmarklet for Mastodon
Links for the day
Gemini Protocol Turns 6 on Friday
Active (online) Gemini capsules are estimated by Lupa at over 3,000
Taking a Lesson From Denmark and Greenland? Iceland Shows New Lows for Windows, All-Time Highs for GNU/Linux
If Microsoft sabotages systems of judges at the Hague (in order to appease the insane man who wanted to invade Greenland), why won't its neighbour Iceland take note?
BetaNews Has Just Deleted Its Latest 'Article' or Got Cracked Again and Restored From Outdated Backup Again
BetaNews seems to be in some serious trouble right now
Microsoft's "FUD-as-a-Service" (Against Linux) Not Functioning Well
This is the kind of contribution companies like Microsoft and Google have to offer to society
Software Freedom is "Activism" Because the Corporate Agenda Revolves Around Bribery, Deceit, and Betrayal
At the end Software Freedom will win because it's on the same side as truth and lawfulness
Links 16/06/2025: EchoLeak and NASA Teaming up With India
Links for the day
A Week of Sunlight
They say transparency is like sunlight to a vampire
"Linux" Sites That Went Astray
there are even worse things than shutdowns
Links 16/06/2025: Climate, Wildfires, Breaches, and Monopolies
Links for the day
Links 16/06/2025: Summer in Finland and Misunderstandings
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 15, 2025
IRC logs for Sunday, June 15, 2025
Gemini Links 15/06/2025: Rainy Season and OpenDocument Format (ODF)
Links for the day
Links 15/06/2025: Military Games, Parade, and Actions
Links for the day
Links 15/06/2025: Windows TCO, Openwashing, and Wars
Links for the day
Gemini Links 15/06/2025: "AI Fatigue and Crappiness"
Links for the day
When Abusive Law Firms (Working for Microsofters Against Us) Assert That Someone Writing in Social Media About Himself is Confidential Information
There was no reason to throw "GDPR" into 2 SLAPPs; they know it, but the goal was to increase the cost of a Defence and lessen the incentive to challenge the SLAPPs
Microsoft Attack Dogs Against Watchdogs and Guard Dogs in Software
Last year Microsofters hired attack dogs or "guns for hire"
Slop Cannot Replace Domain Expertise
All this "AI" hype (it's not even intelligence, it's all a misnomer, as many of us have insisted all along) will fizzle and be written off as a failed experiment
IBM's Fresh 'PIPs' (Action Before Layoffs)
At times like these, even once-reputable employers resort to PIPs and other procedures/tricks for denial of workers' rights
Microsoft is a Problem Not Just for Denmark
Every country should consider what Denmark is doing, why Denmark is doing it, and then do the same
The Slopfarms' Self Detonation
If more sites like BetaNews go under, then maybe we can still salvage some of the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 14, 2025
IRC logs for Saturday, June 14, 2025
Links 14/06/2025: FDA Changes Priorities, Cassette Data Storage From The 1970s
Links for the day
Gemini Links 14/06/2025: Steam Next Fest and Thoughts on Gemini
Links for the day
Site/Datacentre Maintenance Next Week
speed things up
Bulgaria: GNU/Linux Near 10%
The Bulgarian market seems to be changing
I Never Spoke to BetaNews. But BetaNews Wants to Ensure I Never Will, Either.
Sometimes just the reluctance to talk about it can say a great deal
Throwing Money at Lawyers Can't Stop Us (It Never Did)
Even just trying to censor things can result in the opposite of the desired outcome
Online Search or Large Search Engines Aren't Working Anymore
business models that directly compete with interests of Web users
Holidays and Breaks
I've hardly taken any long breaks since I got married
Danish OpenDocument Freedom
"year of Linux"
Links 14/06/2025: Wars and L.A. Distortion Effect
Links for the day
BetaNews Has More or Less Died After Experiments With LLM Slop, Is Linuxsecurity Next?
It doesn't seem like BetaNews knows what it's doing, let alone what it talks about
Gemini Links 14/06/2025: Historic Ada Design and GeminiSpace.Club to Expire
Links for the day
Links 14/06/2025: India Plane Crash and Middle-Eastern War
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 13, 2025
IRC logs for Friday, June 13, 2025