Bonum Certa Men Certa

The Old Obsession With Patent Trolls Continues to Distract From Debate About Software Patenting

The root problem is monopolies on mathematics

Logic homework



Summary: A roundup of recent coverage about monopolies on algorithms in the United States

THE FIGHT against software patents (in the US in particular) is going quite well as courts combat this irrational phenomenon, which has come to dominate the patent system and now saturates the patents pool. Nike is now patenting software, showing us again that, demonstrably speaking, it is large corporations that typically rely on such patents. These almost always hurt the 'small people', unless they are patent trolls and opportunists.



"These patent lawyers continue to debate the patentability of software (usually if not always spinning in favour of software patents in the United States) while in another article by lawyer Rob Tiller (Red Hat) the wrong kind of approach is being floated, debating once again "patent trolling" rather than software patenting."Software patents are typically being hoarded by evil companies (lots of abuses other than patent abuses) and Samsung, which is pressured by Microsoft using software patents extortion, is now the victim of yet another evil company. As a trolls expert put it, "Gordon Bremer didn't invent Bluetooth 2.0. In fact, as he admitted on the stand last week in an East Texas federal court, he hadn't even read the specification for it until 2007—three years after it was on the market.

"Despite that, Bremer may be getting paid a hefty royalty by Samsung, after a jury ruled that the Korean electronics company infringed Bremer's patents. He stands to get 2.5 percent of the $15.7 million verdict [PDF] won by his employer, Rembrandt IP, one of the oldest and most successful "patent trolls.""

Until or unless the USPTO is ready to stop its horrible patent policy, patent trolls will continue to harm real companies with actual products. Microsoft, for example, uses patents to harm Android and force Android to play into the loser's game (Microsoft).

Here are some new "Comments on USPTO’s Interim Patent Eligibility Guidance", coming from the Bilski Blog (no connection to the Bilski case, just opportunism): "[t]he Interim Guidance made a slight change from the Preliminary Instructions to address this issue, by stating that “certain methods of organizing human activities” (emphasis added) are abstract ideas, to avoid suggesting that “all” such methods are ineligible. But that does not fully address the problem, and indeed may exacerbate it. The use of the adjective “certain” gives no useful instruction to the examiners—it says no more than “some methods” are ineligible, without saying how to identify which methods. As noted by the commentators, the only instruction from the Court is that it is those methods which are themselves already “fundamental building blocks” as in Bilski. As an example, a method of making ice cream sundaes by mixing ice cream and toppings on chilled blocks of granite is a method of organizing human activities that is not “fundamental” or “abstract.”

"The Office should revise the Guidance to specifically address the interpretation of “abstract ideas” as being fundamental, and advise examiners to demonstrate such fundamental status by proper citation to authoritative references. The Office should explain to examiners precisely how to establish which “certain” methods of organizing human activity are ineligible, and if it cannot, then it should remove the alleged category entirely."

These patent lawyers continue to debate the patentability of software (usually if not always spinning in favour of software patents in the United States) while in another article by lawyer Rob Tiller (Red Hat) the wrong kind of approach is being floated, debating once again "patent trolling" rather than software patenting. Here is what he wrote a few days ago:

Patent reform is once again in the air. A few days ago, Congressman Bob Goodlatte and others re-introduced the Innovation Act, which was passed by the House in the last Congress but died in the Senate. It has several good ideas, including fee shifting, clearer pleadings, patent ownership disclosure requirements, combatting discovery abuse, clarity in ownership of patents, protection of downstream users, and others. Some of these could improve the chances for businesses facing attacks by patent assertion entities (PAEs, aka patent trolls).

But in preparing for a talk last week, I came upon an idea that could go as further than any pending legislative proposal towards undermining the business of patent trolling. Professor Mark Lemley of Stanford Law School titled his paper with becoming modesty: Why Do Juries Decide if Patents Are Valid?. This caught my eye, because I’ve long wondered the very same thing. The risk of a runaway jury is one that costs all patent defendants (including most every innovative technology company) some sleepless nights. Even when a patent claim seems clearly without basis, the possibility of a jury trial gives us pause.


What depresses us about Rob Tiller's approach (he heads Red Hat's work in this area) is that while Red Hat continues pursuing some of its own software patents it does virtually nothing effective to stop them; it mostly talks about "trolls", neglecting to recognise that many of these trolls that harass Red Hat are Microsoft-connected and Microsoft itself acts no differently than patent trolls, it's only bigger. To really combat this problem we must speak about patent scope, not the scale of the plaintiffs.

Recent Techrights' Posts

Lies Need to be Corrected
the Court never invited us
 
Second or Third Wave of Microsoft Mass Layoffs in October 2025, This Time Portugal
Those are just the ones we know about, there may be several more
'Help Net Security' (helpnetsecurity.com) May Have Become a Slopfarm as Well
Zeljka Zorz, Editor-in-Chief at Help Net Security, was reported to us
Gemini Links 17/10/2025: Rant About Network Solutions, Strange Anomaly on Lagrange
Links for the day
EPO Staff Representation Lacks Social Dialogue With Relevant Management, Controversial and Sometimes Illegal Policies Implemented Without Necessary Input
"In this open letter, the CSC requests that the President submits an agenda item in the next available General Consultative Committee (GCC) meeting on setting up regular meetings between the CSC and the higher management of DG1."
Links 16/10/2025: Political Leftovers and Gemini Protocol Links
Links for the day
Slopwatch: Guardian Digital (linuxsecurity.com), Slashdot, Google News, and More
Maybe one day, once the bubble pops completely, Google News will just outright delist all slopfarms
Lufthansa Modern Slavery, Joerg Jaspert (ganneff) & Debian NSB Softwareentwicklung charade
Reprinted with permission from Daniel Pocock
Links 16/10/2025: US Starting More Trade Wars With China, CIA War on Venezuela
Links for the day
SUSE Blog is Still LLM Slop, Marketing Manager at SUSE Cannot Write
Would you buy from a company or seek support from a company that cannot even write (or fakes writing)?
Pretend You're Not Dead: Microsoft Spent Almost Two Decades Rebranding Things as "Cloud, Then "AI", Now "XBox" and "Quantum"
"AI" bubble pops, Microsoft harping about "quantum" already
IBM Allegedly Found New Tricks for Silent Layoffs: LPI, Then MIS (Not PIP)
Remember that "Red Hat layoffs" won't be reported after the bluewashing
Links 16/10/2025: Red Lines and Feeding of Microsoft Trolls
Links for the day
MIT as a Propaganda Mill of GAFAM, Paid by GAFAM
"the news" today
Links 16/10/2025: Lies Euphemised as ‘Dueling Versions of Reality’ and Microsoft "Open" "Hey Hi" Resorts to Porn as No Business Model Was Found
Links for the day
The Local Staff Committee Munich (Representation of the EPO's Staff) Explains When Cluster of Pregnancies May Result in Reduced Pay
"...even one week of part-time working is sufficient to reduce the salary you perceive during the entirety of your maternity leave."
Another Black Eye for 'Secure Boot', Microsoft Media Tries to Blame "Linux"
It enables Microsoft to remotely control computers, even computers that don't run Windows and never had any Microsoft software installed
Slopwatch: UbuntuPIT, linuxsecurity.com, and Various Slopfarms in Google News Attacking "Linux"
A new survey of the Web said that the majority of the Web is now slop (that's being said in the news this week)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 15, 2025
IRC logs for Wednesday, October 15, 2025
Links 16/10/2025: Increased Use of Social Control Media Surveillance in US, French Rage Over Pensions
Links for the day
Links 15/10/2025: Qantas Airways Loses Control of Sensitive Data and Software Patents Are Being Thrown Out
Links for the day
Vista 10 is 'Dead', Here's Why People Should Move to GNU/Linux (or the BSDs)
Today we try to make an outline of reasons move away from Windows to GNU/Linux
Our Sites Continue to Improve
LLM slop has had no noticeable impact on us
Gemini Links 15/10/2025: Neovim, Helix Compared and Gemlog.blue Now Closed
Links for the day
Links 15/10/2025: Mass Layoffs at Amazon, OneDrive Spyware Revved Up, More 'Gen Z Protests'
Links for the day
The EPO's Staff Engagement Survey 2025 is Already Tainted by Intimidation by EPO Management (Trying to Influence Outcomes by Scaring Genuine, Honest Critics)
"[W]e have received reports that, following the previous survey, teams with negative responses were reproached or questioned about their answers..."
The DDoS Attacks by Microsoft's Scam Altman and Other Slop Charlatans and Frauds is Hurting the FSF, Delinking It From Copyleft Projects
This impacts a lot more than access to the licences
Microsoft Scanning Faces in Photos People Upload to Microsoft (Even Unconsciously), Slashdot Turns Report About It Into "Microsoft Sez" (Says)
Or "let's repeat the lies from a PR person/Microsoft's publicist"
[Teaser] Angel Aledo Lopez the Manipulator (Nepotism, Poll Rigging, and Other EPO Corruption)
We'll discuss this later today or tomorrow, based on internal EPO material
Attacks on Techrights Are Only Making Techrights Bigger and Even More Popular
A week ago they offered to settle with us
Epic Metaphor for End of IBM: "The IBM Demolition is Down to the Last Shards!"
Nothing lasts forever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 14, 2025
IRC logs for Tuesday, October 14, 2025
Proprietary and DRM Prisons Spiralling Down the Sinkhole? Not Just Yet.
Let's hope that more people will flee to GNU/Linux
The European Patent Office (EPO), the Second-Largest Institution in Europe, is Cracking Down on Recreational Activities
Without AMICALE activities, and as staff already says it's pressured to work more for less, how can the EPO recruit bright people?
Transparency: FSFE financial reports exclude speaker fees and expenses
Reprinted with permission from Daniel Pocock