Bonum Certa Men Certa

Killing Spurious Patents Before They Kill Us

Executioner



Summary: Another roundup of patent news serves as an alarm to Free software defenders

THE LAST time we wrote about patents that kill people was 4 days ago. There is another major new case which takes to task this dangerous trend of patenting:

i. Cancer Patients Challenge the Patenting of a Gene

When Genae Girard received a diagnosis of breast cancer in 2006, she knew she would be facing medical challenges and high expenses. But she did not expect to run into patent problems.


ii. ACLU sues over patents on breast cancer genes

Myriad Genetics, a Utah-based company, vowed Wednesday to "vigorously defend" itself against a legal challenge to its patents on two human genes linked to breast and ovarian cancers, its attorney told CNN.


iii. ACLU, Cancer Patients Sue Over Patenting Of Genes

The ACLU has organized a group of cancer patients who have had treatments and medical analysis limited due to gene patents held by the company Myriad Genetics, and brought the issue to court. This is a big deal... and while the case and the resulting appeals will certainly take many years, this is going to be a case well worth watching.


For those who think that such patents are unethical, consider pharmaceuticals more broadly [1, 2]. Better ways do exist for development of drugs.

Here is a new essay about patent thickets and their relationship to antitrust:

In my next (and final) post on the sewing machine patent thicket, I will raise an issue that is not yet discussed in my paper — antitrust. The impact of antitrust doctrine on how patent-owners contract with other patent-owners may create significant variances between the nineteenth century and today on how patent-owners may resolve patent thickets. I am still researching the relationship between patent pools and antitrust, and so I am especially keen on receiving feedback from the readers of this series.


In light of the Intel ruling in Europe (or elsewhere), Glyn Moody raises again the same question about patents and antitrust:

This might have interesting implications for the netbook market, where Microsoft is desperately trying to keep manufacturers from offering cheaper GNU/Linux models. How it does that could well come under scrutiny by the European Commission if there's any hint it is apply pressure unfairly.

But beyond that, there's a more subtle point. These fines arise, after all, from the abuse of monopoly power. And there are no greater abuses than those associated with intellectual monopolies – patents and copyrights. The more that the European Commission punishes such monopolies, the sooner, it seems to me, it will be forced to confront the worst monopolies – those actually backed by its constituent governments. If it wants to make the European markets truly fair, and to promote competition, it should not just be hitting big, bad companies that bully competitors, but the big, bad system that has such bullying at its heart.


Moody also writes about the (probably false because Microsoft denies it) speculation that Microsoft will buy a top lobbyist for software patents in Europe:

Rumour: Microsoft to Buy SAP?



[...]

Irrespective of rumours, Microsoft would be the perfect suitor for SAP since the latter is one of the last major bastions of proprietary software in Europe, and favours software patents.

That's no surprise, since Enterprise Resource Planning - SAP's heartland - is one of the few software sectors where open source has failed to make significant headway yet, and software patent monopolies are a great way to lock out up-and-coming free alternatives to high-priced closed-source solutions.


As we have been stressing a lot recently, there is a strong new attempt to legalise software patents in Europe and Roberto Galoppini warns about it, adding that:

Carlo Cappato has been fighting software patents since 2003, and I’m not surprised he just signed the free software pact, the initiative mentioned earlier this week. Now he asks for help, if you like what he did on digital freedoms for years it is time to help him to get elected.


The FFII has pulled old quotes that highlight the severity of the situation.

Hartmut Pilch, founder of the FFII, had the right vision in 2007 about the EU-EPLA project. Here is what he said about the future specialized patent court in Europe.


As this new article from Law.com indicates, when it comes to software, only large companies benefit, so it's not a one-size-fits-all situation, certainly not from an economic perspective, let alone a moral one.

Congress has spent the past five years in an ongoing effort to reform the patent system. Reform proposals have come and gone; the debates between proponents and opponents of various amendments have been fierce and protracted.

[..]

These disagreements demonstrate the conflicting needs of different industries in the patent system. The incentives necessary to promote innovation in the pharmaceutical industry are not necessarily those for software or to semiconductors. The incentives necessary to innovation by small entities may differ from those needed by large entities.


Despite all this, Bill Gates seeks to justify what he does by publicly equating software to drugs (April 2008). Privately he sings another tune altogether. Some years ago, said Bill Gates (in private): “If 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."

And again, despite all of that we know, Gates is being trained to recite words like "innovation" or "R&D" when it fact it's all marketing and it's supposed to instill confidence in the minds of Microsoft clients and shareholders. As one person put it in a new article about "Microsoft Research":

Microsoft Research...why make the effort?



[...]

What research is for, in cases like Microsoft, is status. It's a very tax efficient, with many valuable and wonderful side effects that occasionally benefit the company, but its primary task is marketing. It's proof, even in these most distressingly modern of times, that patronage works.


This marketing stunt is also being used to pass new laws that block competition. Why else would they go out of their way to organise a lobbying event called "Innovation Day", which is a recent example of the Microsoft circus for software patents in the EU? There are other examples like Pi Day, usually all leading back to the same Microsoft lobbyists.

"The genesis of this idea was when I was at Microsoft. We had a problem with patent liability. All these people were coming to sue us or demand payment. And Bill (Gates) asked me to think about if there was a solution." —Nathan Myhrvold, WSJ: Transcript: Myhrvold of Intellectual Ventures

Recent Techrights' Posts

The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
 
Links 22/09/2025: More American 'Censorship' (Retaliation for Journalism), Cheeto "Might Be Losing His Race Against Time"
Links for the day
The Blob Slop
Give me more words, give me some text
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025
Gemini Links 20/09/2025: Snowy Photos and utism is a Spectrum
Links for the day
Microsoft-Sponsored Xenophobia and Nationalism
IBM is very similar in this regard
Vintage is Sometimes Better
Why can't we get back to "simple" if (or where) "simple" means better?
Climate Breakdown Means We'll be Publishing More, Not Less
Press freedom will be a common, recurring theme
Our 5-Year Geminispace Anniversary is Coming Up
I still remember when Gemini Protocol was quite new
It's Right to Point Out Violence From the Right
Violence is a recurring theme
Tentative Summary of Things to Publish in Project 2030
I'll still be in my forties by then
Web Browsers That "Do Hey Hi" (AI)
State-of-the-art plagiarism or "autocomplete on steroids" (not coined by us, nevertheless a nice description) don't have much/any prospect
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day