Bonum Certa Men Certa

East Texas and Its Cautionary Tale: Software Patents Lead to Patent Trolls

Texas



Summary: Lessons from US media, which focuses on the dire situation in Texas courts, and how these relate to the practice of granting patents on software (the patent trolls' favourite weapon)

OUR primary concern about the EPO has always been the effort to expand the scope of patents to software (so as to make more money and help multinational oligopolies which constantly lobbied Europe for it).



“At the start of the 1980s, federal policy remained so hostile to patent monopolies that it refused even to grant patents for software. But then came a series of Supreme Court decisions and acts of Congress that vastly expanded the scope of patents and the monopoly power granted to patent holders.”
      --The Atlantic
It has always been pointed out, on numerous occasions in fact, that patent trolls rely mostly on software patents. These trolls already knock on Europe's door, having been extremely damaging to the economy of the US, where they crushed a lot of small businesses. This new and very long article from The Atlantic recalls how things changed more than three decades ago, with so-called inventors like Martin Goetz. The article speaks of "dramatic changes in the treatment of what, in the 1980s, came to be known as “intellectual property,” combined with the general retreat from antitrust enforcement" (to benefit oligopolies).

The article says this "had the effect of vastly concentrating the geographical distribution of power in the technology sector. At the start of the 1980s, federal policy remained so hostile to patent monopolies that it refused even to grant patents for software. But then came a series of Supreme Court decisions and acts of Congress that vastly expanded the scope of patents and the monopoly power granted to patent holders. In 1991, Bill Gates reflected on the change and noted in a memo to his executives at Microsoft that “[i]f people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today.”"

Well, how ironic it must be that Microsoft is now the world's biggest patent bully (in some respects) and it even managed to make the EPO more megacorporations-leaning.

"Well, how ironic it must be that Microsoft is now the world's biggest patent bully (in some respects) and it even managed to make the EPO more megacorporations-leaning."Public complaints in the US are mostly over patent trolls these days. The complaints rightly focus on East Texas, the trolls' docket. Another new article says: "East Texas is known for its Piney Woods, Caddo Lake, maybe for sweet potatoes. It’s also the patent lawsuit capitol of the country. More patent infringement cases are brought to Eastern District courts than anywhere else. There’s pressure to root out the so-called “patent trolls”."

Published on the same day, this new article rightly observes that "software technology is becoming a treasure trove for Patent trolls." To quote in context: "In furtherance to my recent post on Patent trolls or the Non Practicing Entities (NPEs), I would like to discuss here in this post about how software technology is becoming a treasure trove for Patent trolls. Cloud based business products are one of the major business fields today. Software-oriented platforms such as C (SaaS) providers are primary targets for the Patent trolls."

It is vital to realise the strong correlation between software patents (patents on abstract concepts) and patent trolls in order to ensure that the failings seen in East Texas don't reach Europe as well. ⬆

"Americans learn only from catastrophe and not from experience."

--Theodore Roosevelt

Recent Techrights' Posts

Microsoft Can PIP Workers (Silent Layoffs) Until Almost Nobody is Left
Microsoft is gradually vanishing
Brigading Against Women - Part VIII - Misogyny Embedded; Like Firm, Like Clients
It's about back doors
Tech Labeled "Smart" Does Not Make People Smart
People who insist on making everything digital are not advancing progress
Brigading Against Women - Part VII - 'Trolling' Courts and Legal Systems in America and in the UK (Europe) Costs a Lot to Taxpayers
They only attend hearings after being arrested
 
Chaos Imminent at Red Hat (This Week)
IBM is 'finishing the job' an ex-IBMer (Ron Hovsepian) did at Novell.
The Cyber Show Says Truth Always Requires a Fight, a Struggle
"Truth-tellers always face struggle and run risk"
Maladministration at the EPO as a Crisis for the EU and for Portugal's Image in Europe
Some time soon we'll publish a long article about what EPO leadership means to Portugal
3 Years of UK Hosting
We commend the webhost for standing firm in the face of misogyny
Gemini Links 28/09/2026: Truncated Sleep, Plain Text, and Slop Problem Kept Out of Geminispace
Links for the day
Links 28/09/2026: "A Growing North Korea Problem" and Independent Journalism as a Lifeline
Links for the day
Links 28/09/2026: Microsoft Chatbot "Giving Extremely Specific Advice to a School Shooter on How to Maximize Casualties", ‘Suicidal Empathy’
Links for the day
Microsoft's Attacks on Courts in the Netherlands Result in GNU/Linux Growing to About 10% There
One core issue that justified this and led to this outcome is Microsoft's interference with the administration of justice
They Create the Conditions for People to Leave, This Way They Don't Call it "Layoffs"
We keep seeing many stories like these
Gemini Links 28/09/2026: Wildfire, DOS, and Backups
Links for the day
European Patent Office (EPO) Series: The Portuguese Talent For Bureaucratic Empire Building
Portugal’s success in securing senior executive appointments at the EUIPO and the EPO is a notable example of how countries seek to strengthen their influence within European intergovernmental institutions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 27, 2026
IRC logs for Sunday, September 27, 2026
Gemini Links 27/09/2026: Writing Well, Productivity, and a Relaunch in Geminispace
Links for the day
Making This Site More Useful to More People
Search engines (as a concept) are under attack
Exposing Crimes of Americans (From the UK)
We must ensure UK prisons are never misused to punish/silence people who expose crimes in America
Spam and Chatbot Spam in Internet Relay Chat (IRC)
Maintaining one's own IRC network requires some housekeeping, but it's simpler than outsourcing to malicious companies
Search Engine of Techrights Improved for Better Signal-to-Noise Ratio
Our growing community needs more search facilities
Microsoft: We Love Layoffs, We Do Silent Layoffs, More Microsoft Projects/Teams/Studios Confirmed to be Shutting Down
XBox is dying. Piece by piece.
Brigading Against Women - Part VI - On Garrett and Lozza, Defamation, Attempts to Crack My Wife's Accounts, Social Engineering to Try to Take Sites Offline, Subscribing Us to Mountains of SPAM
tried swatting us
Links 27/09/2026: "Provost of Dartmouth Busted Using Hey Hi (AI) Slop for His Own Writing in Newspapers and Academic Journals" and "UK Government Enforcement Reform"
Links for the day
People and Sites Wish a Happy 43th Birthday to GNU (Today)
We've collected some examples
Dejan Panovski Outs linuxize.com as a Slopfarm, Another Site That Sold Out and Became LLM Garbage
From what we can gather, both images and text are slop
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DistroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DistroWatch page to make the illusion of popularity
Links 27/09/2026: Microsoft Fired People a Day After Promotion, "Fragility of Online Journalism"
Links for the day
Brigading Against Women - Part V - SWATTING, Extortion Against Webhosts, and Lawfare Under Sworn Oath (Perjury Also)
Matthew Garrett has no qualm about still collaborating with Lozza
20 Years Later
There's a strong anti-democracy movement brewing in many places
Gemini Links 27/09/2026: Telescopes/Gskyer, Writing for Writing's Sake, and Writing Tools
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 26, 2026
IRC logs for Saturday, September 26, 2026
Gemini Links 26/09/2026: Computer Cases Dreary, Web Drowning in Botspam
Links for the day
Reform UK auditor: Electoral Commission accounts, Companies House accounts, a going concern or not?
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: Temporary Public Office or Permanent Personal Feather-Bed?
there are no visible signs that the Administrative Council has the slightest interest in contemplating a change in leadership at the EPO
Brigading Against Women - Part IV - Death Threats, Threats to Women, and Threats for Pointing Out, Correctly and Based on Hard Evidence, That Garrett and Lozza Talk to Each Other About Me Every Year (for 4 Years)
Brett Wilson LLP too is a toxic manosphere
More GAFAM Layoffs at Apple, Second Time in Weeks (Silent Layoffs Silently Target Older and "More Expensive" Staff)
How many layoffs happen at Apple silently and go unreported or very scarcely reported?
Gemini Links 26/09/2026: Rant About Slop Ruining Crafts (Drowning the Signal With Plagiarism) and "Going Mechanical"
Links for the day
Links 26/09/2026: Microsoft Says Notification Data Breach/Surveillance Hole There by Design, EU Rapidly Dumping Microsoft for Digital Sovereignty
Links for the day
The Former Linux News Site ostechnix.com is LLM Slop
Please do not link to sites that promote and/or spread slop
Links 26/09/2026: Volkswagen Recalling ~50,000 Cars, US Attacks Its Own Media
Links for the day
Making Oneself Obsolete With Slop
Dr. Lemire also puts on display a degree of hypocrisy
Brigading Against Women - Part III - Racism Looms Large, Not Just Sexism
threats from a racist
Microsoft CEO Calls Layoffs "Streamlining" and Says Microsoft Layoffs Are "Great to See"
The lack of honesty here is only to be expected from Microsoft
Media silence deafening as Reform UK on brink of administration
Reprinted with permission from Daniel Pocock
Gemini Links 26/09/2026: Travel, Group Insurance Death Spiral, Stargazing, and Lagrange Meets LLM Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 25, 2026
IRC logs for Friday, September 25, 2026