Bonum Certa Men Certa

Patents Roundup: Benjamin Franklin Would Have Disliked Patents, Tim Bray Leaves, Patents Kill, Ridiculous Software Patents Named

Benjamin Franklin by Joseph Siffred Duplessis



Summary: This post presents a roundup of patent news (mostly software); it is intended to show the lesser-known truths about patents -- the ones which lawyers do not want people to know

Ghabuntu has just done some exploration around Benjamin Franklin, one of the founding fathers of the United States of America.



It turns out that, just like Thomas Jefferson, Franklin would have rejected patents and advocated Free software. It is often being argued that software patents are unconstitutional, but that's another matter that won't be discussed today.

Here is what Ghabuntu found:

This pamphlet had a good effect. Gov'r. Thomas was so pleas'd with the construction of this stove, as described in it, that he offered to give me a patent for the sole vending of them for a term of years; but I declin'd it from a principle which has ever weighed with me on such occasions, viz., That, as we enjoy great advantages from the inventions of others, we should be glad of an opportunity to serve others by any invention of ours; and this we should do freely and generously.

An ironmonger in London however, assuming a good deal of my pamphlet, and working it up into his own, and making some small changes in the machine, which rather hurt its operation, got a patent for it there, and made, as I was told, a little fortune by it.


Here is an older link on the subject (from one year ago). It's titled "Ben Franklin, the first Open Source advocate" and it says:

Benjamin Franklin is known in American history as a founding father and a inventor. One interesting fact is that he did not approve of patents. Martin Streicher of IBM points out in his article of 10 tips for sensible systems administration that Benjamin Franklin would more than likely approve of Open Source software.


One of our favourite entrepreneurs is Tim Bray, who had the guts to complain about Microsoft's corruption [1, 2, 3]. After his recent rants about patents, Bray decides to leave Sun/Oracle.

"Just resigned from Sun/Oracle," he wrote a few days ago. "Not currently looking for another job."

Patents are not only harming software by the way. Glyn Moody, who wrote a book about the dangers of genome patents, shows this new report about removal of generics using patent provisions.

Aside from pharmaceutical patents, the other key IP provision in the free trade agreement relates to geographical indications (GIs). These allow certain regions to claim an effective monopoly right on delicacies such as Champagne or Parma ham that are synonymous with them. According to Brussels sources, over 200 GIs will be covered by the agreement with Peru and Colombia.


In previous posts we explained why this is the death knell to a lot of people [1, 2]. This is genocide by patents. Speaking of which, the effect of the Gates-funded Monsanto is similar. It causes deaths rather than save lives and we wrote about the subject in [1, 2, 3, 4, 5, 6]. Monsanto is a company whose business model depends on patents relating to life (biology as a private property of a person). GM Watch asks, "Have we seen Peak Monsanto?"

Is it possible that we've reached Peak Monsanto?:

Low commodity soybean prices, attractive premiums, and rising prices for genetically modified soybean seed are leading American farmers to plant more acres of non-GMO soybeans this year.

Representatives with soybean associations, universities, and grain buyers all say that demand for non-GMO soybeans is growing, leading to more non-GMO acres.

Genetically modified Roundup Ready soybeans have taken an increasingly larger percentage of U.S. soybean acreage each year since their introduction in 1996, reaching 92 percent in 2008.


Bill Gates supports this colonisation of land and food. It's about creating a crops monopoly, using intellectual monopolies (patents).

TechDirt has this new item which says that "It's The Execution That Matters, Not The Idea" and the item happens to cite a former (but famous) Microsoft employee who seemingly argues against patents.

There have been lots of players who have come and gone, and there are at least a dozen players in the space today. And it's not because they all "took" the idea from this guy, but because lots of people recognized that it's an idea that makes sense. Kickstarter is certainly getting a ton of press these days, but that's mostly because of some top notch execution on its part.


This leads us to the next area, which is software patents. No less than twice in recent days we wrote about Facebook's controversial software patent [1, 2], as well as the company's relationship with Microsoft and apparently the company's patent troll too (Nathan Myhrvold). Here is another good analysis of why Facebook's behaviour should be seen as hostile.

I wonder what is Facebook’s strategy here. They could simply be looking to stifle competitors. The obvious result of this is that they will probably attempt to get licences from some prominent social networks and the aforementioned open source projects. In the longer run, this could be used to become the only name in social networking. Not good news at all.


Google is also a foe when it comes to software patents. Mashable covers Google's new software patent on location-based advertising. This is ridiculous, but it is not truly a farce like today's USPTO.

That patent itself focuses on making sure businesses can better target their ads based on location information so that they can do things such as price arbitration (e.g. figuring out prices for items near you and getting the best deal). It also deals with the user interface and defining geographic areas.


Will Google obey or least consider the suggestions from many people who want Google to set its new codec free? Or use Ogg Theora in YouTube? As this new post emphasises, this is a top issue when it comes to Free software and patents. GNU/Linux depends on it.

Patented multimedia codecs, however, are a little different from proprietary drivers and firmware, for reasons discussed in my first post on the topic. There are people–for example, a commenter on a previous post named markit–who remain passionately opposed to the use of restrictively licensed codecs and can make well reasoned arguments to support their stance, particularly since fully functional GPL-friendly equivalents are available for multimedia codecs.

The arguments against the use of patented codecs are not without merit. By using formats like MP3 and MPEG-2 rather than GPL’d alternatives, users perpetuate dependence on proprietary software, which is antithetical to the Ubuntu philosophy.

The obvious response to such arguments, of course, is that while it would be nice to use only patent-free codecs, that’s not a realistic goal for most people. You can’t send .ogg files to Windows users and expect them to know how to open them, and you won’t have many friends if you refuse to accept data in non-free formats.


Google's harmful policy on patents withstanding, can the company prove to be helpful to Free software by weakening or gradually eliminating H.264? Let's hope so. ⬆

Recent Techrights' Posts

Slop-Posting is a New Form of S---posting
We recently caught several more "linux" sites (with "linux" in their domain name) turning to slop
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
 
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026
Gemini Links 30/09/2026: Fish Leather, Slop Formation, and ROOPHLOCH
Links for the day
In a Lot of Europe (or EU) Android (With Linux) is Bigger Than Windows
For example in Greece
EPO Cocainegate: Lots of Money (Over a Million Euros) for Cocaine Addicts, Not for Children With Special Needs
Next month we'll bring out some more Campinos scandals
High Court victory: Nigel Farage is 'the Company's own candidate'
Reprinted with permission from Daniel Pocock
It Took GNOME's Code of Conduct Committee (CoCC) Over 8 Months to Realise CoC Reports Went Into /dev/null/
It would be ironic if the blunder's culprits were punished for it, would it not?
Links 30/09/2026: Microsoft "OpenAI Ignored Employees’ Warnings About Safely" and "Pentagon Personnel Agency Data Breach Impacts 3 Million People"
Links for the day
The Register MS "Events" As Paid Spam That Promotes and Keeps Afloat Hype About Slop
This dreary sort of media reads like a soup of words, i.e. like the thing it is advertising
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026
Black Brit on "Pictures Comparing Me to a Monkey" Because of Brett Wilson LLP Client
"Like Firm, Like Clients..."
President of the EPO Should be Kicked Out, Not Have His Term Terminated in 2028
The President is facing more scandals soon
David Gordon at The Register MS Keeps Feeding the Pyramid Scheme With Fake Articles That Say "AI" Dozens of Times
How can such a publisher still be taken seriously?
The Local Staff Committee The Hague (LSCTH) at the EPO Explains the Working Conditions and Crisis of Plunder (Less for Workers, a Lot More for Dictators Who Refuse to Leave Leadership Roles)
Next week will be epic
EPO Will Stop Working for 10 Days to Protest Against 'Cocaine King' and His Assault on Democracy, Lawfulness, Transfer of Power at EPO
Strikes, work stoppage, all rolled onto one
IBM Brings Avalanche to Red Hat October 1st 2026 (Thursday)
IBM is turning up the heat on staff
Links 29/09/2026: Mass Layoffs at Microsoft and Backlash Over Data Center Policy of Microsoft
Links for the day
Techrights is International
There are many sites that focus on local communities or nations. We're not one of those sites.
5 Years Ago (September 29, 2021) Richard Stallman's Talk in Ukraine Noted
Let's hope the war will end soon
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026