Bonum Certa Men Certa

Patents Roundup: Uniloc Appeals Microsoft's Dodge, OpenGL 3 Patent Issues Rear Ugly Head, Apple Innovates Crippleware

Summary: As the title suggests, this is a mishmash of software patent news

THIS is just a quick overview of patent news we haven't sufficient time to cover thoroughly.

Uniloc-Microsoft



The Uniloc case was previously mentioned here in [1, 2, 3, 4]. The press marks the overturn of a ruling against Microsoft like it did with Alcatel-Lucent about a fortnight ago, but although Uniloc suffers this setback [1, 2, 3, 4, 5, 6], the situation may be temporary because an appeal from the plaintiff is coming. The story is not over yet and it helps in exposing Microsoft's hypocrisy on the patent issue. To quote this finding from Groklaw:

"A simple comparison of MD5 as a whole to the algorithm Uniloc's patent discloses clearly reveals non-equivalence," Judge Smith ruled. "While the existence of additional components or different steps does not per se preclude a structure from being considered substantially the same as another structure, the various non-additive mathematical operations in MD5 demonstrate significant (and undisputed) differences between MD5 and the summation algorithm in the '216 patent [for Uniloc], which cannot be overstated. For example, the compressive, circular shifting and mixing functions fundamentally create a more secure result compared to an algorithm based in summation as the specification discloses. Indeed, the unchallenged evidence was that MD5's hallmark is the variety of its logical and mathematical steps to obtain a more secure result. This complexity highlights the advantage of an irreversible one-way function with a fixed output, instead of an algorithm that uses a single type of reversible operation (with no fixed output), such as that disclosed in the patent."


Will we see software patents as a whole invalidated any time soon? All eyes on In Re Bilski.

OpenGL 3



The FSF has warned about it for quite some time. As Heise and Phoronix put it, the patent issues in OpenGL 3 already affect Mesa.

While work on OpenGL 3.x support in Mesa has been very slow, many have been looking forward to the day when Gallium3D hardware drivers provide fast acceleration and a OpenGL 3 state tracker to provide this support to all Gallium3D users. Intel though has also been wanting to bring some OpenGL 3 support to the classic Mesa stack. However, at XDC2009, Intel's Ian Romanick has expressed some issues with patents that could inhibit the support.


Not to worry though. A solution is currently being worked out in the mailing lists.

[I]t looks like the Linux Foundation could get involved along with the Open Invention Network (OIN) to hopefully reach a proper agreement with the patent/IP holders. Greg Kroah-Hartman brought this 3D patent issue up with the Linux Foundation Technical Advisory Board to see what can be done. At this time they are still setting up a meeting.


Misc.



In other patent news, Apple gets caught patenting yet another customer-hostile idea. Microsoft does this too.

Evil is in the eye of the beholder, but there's certainly not much to like in the newly-disclosed Apple patent applications for Systems and Methods for Provisioning Computing Devices. Provisioning, says Apple, allows carriers to 'specify access limitations to certain device resources which may otherwise be available to users of the device.' So what problem are we trying to solve here? 'Mobile devices often have capabilities that the carriers do not want utilized on their networks,' explains Apple. 'Various applications on these devices may also need to be restricted.'


Here is another new example of a customer-hostile patent.

That Whole Watch An Ad To Get Content Thing? Patented... And The Patent Holder Has Been Suing



[...]

So we were just talking about some new company called Free All Music, which has a plan to let people download free mp3s if they agree to watch a video ad first. I have my doubts about how well it would work... but apparently the company may also need to watch out for another issue: a bogus patent.


Speaking of bogus patents, Patently-O has this post about use of patent reexaminations to remove barriers.

Most patents currently being reexamined at the PTO are also being litigated in parallel proceedings in district court. This rise in importance of parallel reexaminations leads directly to both Constitutional controversies and practical problems. Although the Federal Circuit has nimbly attempted to avoid the problem, the truth is that both the PTO (an Article II executive agency) and the Article III Courts focus on the same question of validity of patent claims. These races to conclusion raise questions of both separation of powers and res judicata.


Google and Adobe get sued by a company called Textscape. It's a software patent, but not a patent troll.

It looks like at least a few of Google's lawyers who specialize in patent law are about to get some work to do. Google - along with Adobe - has been sued by a company named Textscape because the search giant allegedly violated a patent Textscape was granted in 1998.


Will this lawsuit be beneficial to anyone other than patent lawyers? Probably not. In its latest essay on the subject, TechDirt insists that patents only ever harm innovation.

There are plenty of reasons why people might believe patents increase innovation -- but they're the same theories of the mercantilists in the 18th century, who believed that monopolies on other products spurred more development in those businesses. That theory was debunked and is considered laughable by pretty much any economist today. And yet, when it comes to patents, why do people automatically reject what economists realized two hundred years ago? Monopolies may temporarily benefit the monopolist, but at the expense of society as a whole.


Also see:



Patents do harm innovation if respectable economists and engineers are asked about it; lawyers and monopolies, on the other hand, are self serving, so the more intellectual monopolies, the more business the former receives and the more protection the latter receives.

"IP is often compared to physical property rights but knowledge is fundamentally different."

--IP Watch on Professor Joseph Stiglitz

Recent Techrights' Posts

Quality Comes First (Techrights Search)
It's generally working already, but we wish to polish it some more
Techrights Party Countdown
Late next week we'll be holding a party near our home
European Parliament and Council Directive on Privacy is Vanishing
"edited / censored some time more recently"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 28, 2025
IRC logs for Tuesday, October 28, 2025
Slopwatch: The March of Slopfarms, From UbuntuPIT to Linux Journal and to Various Fake Sites Still Promoted by Google News
It's so worrying to see what the Web has become
Links 29/10/2025: CISA, Ukraine, and Amazon Problems
Links for the day
[Teaser] The EPO's Spokesperson, a Cocaine User, Fancies Young Women
How's that for "optics" in the EU and Europe's second-largest institution?
How Will António Campinos Respond to the EPO's 'Cocainegate'?
That's the same thing we saw and still see when the press deals with enablers and partners of Jeffrey Epstein
Join Us Now and Share the News - Part IV: There Cannot be Free Software Without Free Press and Free Information
One day, one can hope, more people will recognise that for Software Freedom we need free press and free thinkers
Join Us Now and Share the News - Part III: Principled Stance Is Never Cheap
Protecting the truth and insisting that the general public is made aware of things that really happened isn't cheap
Join Us Now and Share the News - Part II: Because Scarcity of Accurate Information Breeds Collective Ignorance
we too will strive to share information that's aggressively suppressed
Gemini Links 28/10/2025: More New Arrivals at Geminispace, xkcd on "Document Forgery"
Links for the day
Join Us Now and Share the News - Part I: Defence of the Truth
This year we make a very strong, firm statement for truth, even if that means explaining our work to the top media judge in the country
Links 28/10/2025: Meta and Fentanylware (CheeTok) Age-Restricted Down Under, "Britain Needs China’s Money"
Links for the day
Links 28/10/2025: Mass Layoffs at Amazon and Charter to Cut 1,200 Jobs
Links for the day
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Parties and Milestones Again
we've begun putting up about 40 balloons
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete