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

Fridges Do Not Need an Internet Connection
Keep it simple, stupid (KISS)
 
Links 16/10/2026: "Data Centers Are Driving Conservative Rural Voters to The Democratic Party En Masse" and Slop Bros Bribe Candidates "for Congress"
Links for the day
Deplatforming People You Disagree With Is a Losing Strategy
Trying to deplatform people you don't agree with is oppressive and petty
Microsoft Cannot Pay Salaries
Microsoft is deep in debt
IBM "support that is USA based will migrate over 4 years to Indian based just because it lowers costs substantially."
IBM is not capable of growing, so it tries to find ways to shave off costs
Gemini Links 16/10/2026: Publishing and Licensing, Going to Movies, and Nature/Seasons Change
Links for the day
Microsoft's OSI Calling Slop "Open Source AI" (Microsoft Paid OSI to Do This) Has Helped Associate "Open Source" With Pedophilia
Microsoft deflecting?
Wikileaks Still Matters
The world needs more sites like these
'Cocaine King' Campinos Should 'Get the Message', Pack Up His Things and Go Already
His staff is constantly on strike and engaged in various industrial actions
We Don't Do Slop
People tend to appreciate genuine work, not fakes
On Lying With Confidence
LLMs are hype
Market Share of Windows in the United Kingdom is Shockingly Low
Microsoft's losses are very profound
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 15, 2026
IRC logs for Thursday, October 15, 2026
Microsoft Can Barely Afford to Colonise Africa Any Longer (Too Much Debt)
"Before the announcement, former Microsoft employees publicly described staff being placed on performance improvement plans or offered “voluntary” exits."
Intercontinental Brigading - Part IV - Harassment Registered With the Police Before Projection Attempts Made From America
The thing one gets subjected to for opposing back doors in Linux
Gemini Links 16/10/2026: Dogs, Slop, and Blogging
Links for the day
The Fate of "Alicante Mafia" at the EPO Yet to Be Determined
It'll be interesting to hear what they say about the secret meeting regarding the future of Campinos
Gemini Links 15/10/2026: Medical Difficulty, Science Fiction, and Playstation 3 Dies
Links for the day
Links 15/10/2026: Cuts to Public Health and Misuse of License Plate Data for Social Control
Links for the day
Links 15/10/2026: ALPRs Are Mass Surveillance, GAFAM Front Group ('New' EFF) Asks the Wisconsin Supreme Court to End Warrantless ALPR Searches
Links for the day
IBM RAs: "It's on Me"
IBM has no respect for the workers and it tries to hide the layoffs
Gemini Links 15/10/2026: Literature, Funerals, and Devices
Links for the day
The Efforts to Criminalise Opposition to a Ponzi Scheme Sold as "Super Intelligence" (Plagiarism Engines, Disinformation Generators)
Cops are becoming combatants for slop bros, i.e. they use power to promote a Ponzi scheme
Clownflare Sees Most Requests in Africa Coming From Android (Linux)
Android is the dominant platform
IBM's "RA Season" is Nearly Upon Us, But Tens of Thousands Are Already Marked for Removal With PIPs (as "Low Performers")
IBM is a dying company
Microsoft Has Confirmed It Had a Plan to Cut Azure (or Azure Costs) by 20%
So basically... yes! Microsoft did have a plan to slash Azure.
No Noticeable Libera Chat Exodus After Code of Censorship (CoC) Scandal Earlier This Month
Libera Chat pissed off some people by unmasking the CoC's real purpose
Red Hat Silent Layoffs Seem to Carry on Throughout This Month
How much longer will these silent layoffs (e.g. PIPs) carry on for?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 14, 2026
IRC logs for Wednesday, October 14, 2026
Netflix and Its Newest Rival Carry 100 Billion Dollars in Debt
What sort of economy is this?
Egypt: GNU/Linux Still Measured at About 5%
Egypt is a prominent African nation and economy
Gemini Links 14/10/2026: Time Allocation, English as a Fourth Language, and "Reading News Sources" in Geminispace
Links for the day
DRM Giant Announces Giant Layoffs (Netflix’s Debt is Huge)
It's not like operational costs are decreasing, they're climbing fast.
Intercontinental Brigading - Part III - Reporting Harassment From America to British Police
Why are they so hostile towards (and afraid of) cops?
The Local Staff Committee Munich (LSCMN) Speaks of Deterioration of Working Conditions at the European Patent Office (EPO)
"At least 3 days per week in the Office for an allocated office"
Gemini Links 14/10/2026: GemPub, Randogoth Forge F-Droid Repo, Oddμ, and Kolibri
Links for the day
Bluewashing as Silent RAs: A "journey that began at Neudesic [...] and continued as part of IBM" inevitably came "to a close"
IBM can be antagonistic and reckless with whatever it buys
Links 14/10/2026: Houthi Attacks on KSA and Airstrikes Near Sudan-Egypt Border
Links for the day
No Coronation for 'Cocaine King' Campinos (Not Yet Anyway)
A flash update suggests perils exist and we must all wait until December as the position for EPO President may open
In Reddit, Moderators of IBM Subs Are Allegedly on IBM's Payroll (IBM Can Censor Discussions About IBM)
There also seem to be PIP layoffs in India
If Worthless Companies Are Valued at a Billion Dollars in the Slop Industry, Then What Is the True Worth of 'Trillion-Dollar' Companies?
Definitely not a bubble!
It Sounds Like Microsoft Plans to Lay Off Over 2,000 Azure (Microsoft) Workers as the Datacentre Business Brings Nothing But Epic Debt
Trillions in losses is not a solid business plan
IBM's Anderon is Like Theranos, But Will Anybody at IBM or Anderon Be Imprisoned for This Billion-Dollar Scam?
Will anyone ever be held accountable for it?
Microsoft XBox Won't Survive, Microsoft's CEO for This Perishing Business Turns to Slop
What the founder or father of XBox said about Asha Sharma earlier this year turns out to be accurate
Links 14/10/2026: So-called 'AI' Giants Go Bankrupt, "Military Will Hack the Election"
Links for the day
Indoor Season
we have more planned in order to improve navigation, accessibility, and workflows
Microsoft Demands That Staff Keeps Silent About the Mass Layoffs
Way to cause anger and ensure whistleblowers will go to the media
Microsoft Has Had Mass Layoffs in Azure Every Year Since 2020 and the Bleeding Continues Because It Misreports Earnings There
This is a bad week for Microsoft
Microsoft's International Mass Layoffs (Asia, Europe, Africa), Now Vietnam
A crisis that Microsoft is unable to hide
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 13, 2026
IRC logs for Tuesday, October 13, 2026
Gemini Links 14/10/2026: Ceiling Fan, Fascism, Democracy, and Slop Being a Huge Bubble
Links for the day