Bonum Certa Men Certa

The Passionate Fight Against Software Patents Continues

This post contains a collection of news items which provide insight into the latest on this topic.

Bilski and Software Patents



We mentioned Bilski the other day and soon afterwards we saw Red Hat's response to it. There are several other interpretations and the following article, "software patents could be killed off for good", is probably worth pointing out.

TWO ADVOCACY ORGANISATIONS, the End Software Patents (ESP) and the Free Software Foundation (FSF), have filed an amicus curiae brief with the Court of Appeals for the Federal Circuit's (CAFC) rehearing of the In re Bilski case, set to be heard on May 8, 2008. This rehearing could have significant implications and mean the death of software patents.


As you can see, the ESP is involved. In fact, it has just put up this press release in its Web site and so has The Free Software Foundation. The ESP is backed by many large companies, so it can hopefully lend a muscle to this fight. Groklaw wrote an article about Red Hat's involvement and it's very law-savvy.

I thought you might like to understand what is going on, as best as I can explain it. Here's the ACLU brief [PDF]. Red Hat's announcement indicates that it is asking the United States Court of Appeals for the Federal Circuit to consider something dear to your hearts, whether or not, or to what degree, patents should be allowed on software, and its brief explains to the court the damage that software patents are doing to Open Source software.


For those wishing to explore this further, the articles above ought to help a little.

Patenting Objects



In the face of desperation over the state of the patent system, Béranger wrote this good item. It truly makes it all seem rather outrageous.

The plastic bowl and the patent attorney



[...]

It means that you shouldn't be worried only about the possible patents infringed by the (open-source or not) software you're using, but you should also be paranoid about whether some object you're merely using (and you have paid for it!), such as your laptop or a plastic bowl or whatever else (a simple cardboard package as the ones used by Amazon.com is covered by 7 or 9 patents, don't ask me what for!) is not infringing a patent.

Maybe it's time to stop suing companies for alleged patent infringements in the software they use, and we should tell the lawyers that they could sue instead for the pegs, chairs, tables, office stationery, door knobs, lavatories and wash basins the company is using without verifying whether the manufacturer is not (even unknowingly) infringing a patent. They're still valid patents for almost anything nowadays, especially in the United States.


The Lobbyist Epidemic



As we have repeatedly stressed here, formation of the law boils down to politics and wealth, not science. The rules are typically made by those who can afford to make changes without contradicting the constitution (or by stepping just around it, sometimes making amendments).

Watch Microsoft doing its thing.

Microsoft Corp. spent $9 million in 2007 to lobby for immigration and patent reforms, tax credits and cybersecurity among numerous other matters.

The software company spent $4.2 million in the second half of 2007 to lobby the federal government, according to a disclosure form posted online Feb. 13 by the Senate's public records office. It lobbied on government purchases of software, including electronic health products, cybersecurity for critical infrastructures, high-speed Internet issues, online advertising and free trade agreements.


For further information about Microsoft's attitude towards software patents, see these recent takeaways from Brad Smith's presentation at OSBC 2008. There are other reports about lobbying, which has become an industry worth billions of dollars.

John W. Thompson, chairman and CEO of Symantec, used part of his keynote address Tuesday at RSA 2008 to announce the merger of the Cyber Security Industry Alliance and the Information Technology Association of America.


Again, it's worth stressing that Red Hat just recently announced that it would fight software patents. But what are its chances against several multi-billion-dollar companies that almost literally sponsor congress members (affecting not just in the US)? Can David defeat Goliath? How about several Goliaths working synchronously?

Recent Techrights' Posts

SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
Mass Layoffs at IBM, But Mostly in Secret (PIPs and 'Voluntary' Redundancies)
Gerstner laid off a record number of people; Krishna tries to find 'innovative' new ways to cause workers to leave
 
Gemini Links 22/08/2026: The Bodyguard (1992), Minimalism, Backups, and IPFS
Links for the day
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026
Sources-First Publication
Thank you for keeping us on track
Ubuntu is Not Linux
I was one of the first users of Ubuntu
Links 21/08/2026: Outrage Over Politicians Who Support Slop-Feeding Data Centres, "America Is About to Get More Expensive"
Links for the day
Gemini Links 21/08/2026: Rain Coming Back and "Small Internet"
Links for the day
Slop-ware: Nobody Knows What Code Goes Into Linux and Most Developers Cannot Understand the Rust Code (Even If They Tried)
So nobody is in charge
The Slop Pyramid Scheme (Not Boon!) Isn't Good for GNU/Linux, Even If the Plagiarism Engines (Framed as "Training" or "Intelligence") Almost Always Run GNU/Linux
We need the slop pop - we need the bubble to pop
North America: GNU/Linux Measured at 13%-15% Every Night
many (north) Americans use GNU/Linux at home and are using it to access the Web in the small hours of the morning
Links 21/08/2026: "Silicon Valley’s Billionaire Cults Are Coming for Democracy" and "Who’s Raking it in as the National Debt Explodes?"
Links for the day
SLAPP Censorship - Part 157 Out of 200: What is a 'Defamation Troll'?
"Defamation Mill" also
Northern Europe Leads the Pack in Abandoning Windows After Threats Made to Greenland (Says Clownflare Data)
Clownflare has a vast trove of data, so it cannot be easily dismissed as pure nonsense
Clownflare: In Past 12 Months Microsoft Windows Fell From ~80% to ~75% on Desktops/Laptops in Asia
Microsoft is deep in debt
Secret Layoffs at Microsoft, Apparently More Sites Will Shut Down Entirely
vindicates us and serves to affirm what we've said for over a month
The State of Slopfarms About "Linux" in August 2026
The Web needs serious cleanup, which curation can help deliver
IBM Offers Workers Some Money to Fire Themselves, It's Called "Next Step" and It's Allegedly 'Extended' (Not Enough Fools Have Fired Themselves)
Will IBM executives - including the CEO - ever be held accountable?
£5 Million Unsolicited/Undisclosed Bribes and What That Means to British Politics
It still remains unknown (disclosure denied) who helps fund the £1 million lawfare against us
[Satire] Pocock, Binface & nobodies vs Farage: defamation before UK High Court
Reprinted with permission from Daniel Pocock
The IBM Censorship Team, PIPs (Silent Layoffs) in IBM Europe
There seem to be many de facto layoffs going on at IBM right there
SLAPP Censorship - Part 156 Out of 200: Brett Wilson LLP Becoming Wilson FC
Now acting almost like one-person shop (lots of staff has fled this past year)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 20, 2026
IRC logs for Thursday, August 20, 2026
Gemini Links 21/08/2026: "Ensmallening the BigWeb", "Rust Dependencies"
Links for the day
Links 20/08/2026: 'Linux' Foundation Promoting Slop Hype for Money (Hype as a Service), Malaysia’s Exports Jump 38% Year-on-Year
Links for the day
Gemini Links 20/08/2026: A "Break From Routine" and "Modem Was the Problem"
Links for the day
Clownflare Reckons GNU/Linux is on Almost 1 in 10 Laptops/Desktops in Western Europe
Western Europe and China are leaving more of GAFAM behind them
Looking Ahead at September
Rianne and I look forward to a productive September
Links 20/08/2026: Facebook "Ran Ads for an App That Promised to Nudify Female Politicians" and Facebook Faces "Social [Control] Media Addiction Trial"
Links for the day
Clownflare Sees GNU/Linux at 16% Market Share on Desktops/Laptops in Tajikistan
in Tajikistan it seems like adoption of GNU/Linux is exceptionally high, based on a very large data set associated with Web access
The Demise of Social Control Media Continues
Entering (anew) social control media in 2026 seems foolish
SLAPP Censorship - Part 155 Out of 200: Throwing Stones in Houses Made of Glass
character-assassination-as-a-service
Gemini Links 20/08/2026: Planners, Pantsing, Vinylyssee
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 19, 2026
IRC logs for Wednesday, August 19, 2026