Bonum Certa Men Certa

Patents Roundup: CSIRO Slammed, TiVo Loses, WIPO Harms China, and Patents Do Yoga

Yoga - patent violator?



Summary: Latest signs that the patent system in China -- not just in the United States -- is sliding off the rails

CSIRO'S aggression with patents [1, 2, 3, 4] is a misrepresentation of CSIRO's funding source, namely the Australian public. Here is yet another criticism of what CSIRO is doing with its patents (mentioned before but republished elsewhere):

Wi-Fi patent has driven CSIRO money mad



[...]

When that grand old hoarder of intellectual property, IBM, promised in 2005 that it would make 500 patents in its 40,000-strong database freely available to anyone working on open source projects, it was applauded.

“This is exciting,” said famed Stanford Law School professor Lawrence Lessig, who is known for his strong opinions on the need to reduce copyright and intellectual property restrictions. “It is IBM making good on its commitment to encourage a different kind of software development and recognizing the burden that patents can impose.”

[...]

We should be applying the same standards to the CSIRO when it comes to patents as we did back in 2005 to IBM. To do any less will demean us and sully us in the eyes of our descendants.

To illustrate my point I encourage you to read an article published in the Sydney Morning Herald yesterday which details the CSIRO’s actions in attempting to enforce what it claims is its patent on the Wi-Fi technology which is used everywhere in modern society – from laptops to mobile phones to the Nintendo Wii.


GNU meditatesIBM's so-called 'promise' is not without its flaws, either. Sure, it's a lot better than what Microsoft is doing, but it's still no way to get rid of software patents, which are the root of this problem. A patent lawyer, Bastian Best, seems to have taken the Twitter account "swpats" (software patents), which was mostly used as a tag to protest against them. Bastian Best is now promoting these patents using the very same word that typically represented opposition to them. Is this opposition-jacking (or hijacking)? Either way, today he is promoting Microsoft's FAT case in Germany. It's the latest among Microsoft's many endeavours to legalise software patents in Europe and then sue or extort GNU/Linux vendors which are based in Europe (Canonical is based in the UK, for example).

Speaking of IBM (a software patents proponent which is also using GNU/Linux), its like-minded friend has just lost a very crucial case. Yes, TiVo lost once again and since software patents are all it has left to compete with, this had huge ramifications. The stock obviously fell (again):



The first report appears to have come from the Wall Street Journal:

Dish Network Corp. (DISH) and Echostar Corp. (SATS) scored a legal victory after the U.S. Patent and Trademark Office ruled that TiVo Inc.'s (TIVO) patent claims over its "time-warp" digital video recorder technology were invalid.


This was later covered in:



The rest of the news is not about software, but hopefully that illustrates just how ill the patent systems have become. For years we've been reading about the brewing patent litigation mess in China and here is the type of maze exported to China by WIPO:

June 3 marked the 30th anniversary of China's membership in the World Intellectual Property Organization (WIPO).

[...]

By the end of 2009, 7.22 million trademark applications had been filed, with 4.27 million registered, as trademark applications soared to 830,000. All three figures rank first in the world.


What a waste of productivity. When it's all over there is just a big pile of paper (or terabytes of data) containing different people's monopolies, which largely intersect one another and disregard prior art. What's the point of this cumbersome bureaucracy?

The patent systems are growing increasingly insane now that people want patents on clothes and even patents on yoga: [via Richard Stallman]

The "videographs" are intended to provide irrefutable evidence for anyone hoping to patent a new style of yoga that the Indians got there first. A previous effort to define yoga, based simply on translations of ancient texts circulated to the relevant authorities, had mixed results, so now they are trying again.

[...]

The campaign to safeguard India's rich heritage of medicinal art, craft and practice has already scored major victories, forcing European companies to reverse patents on the use of extract of melon, ginger, cumin, turmeric and onions for a range of health products. In each case Indian government officials were able to comb the new digital library to submit carefully translated excerpts from texts ranging from 19th century medical text books to 5th century manuals of traditional ayurvedic medicine to support their claims.

[...]

The campaign to preserve yoga as Indian has its roots in a bid several years ago by Bikram Choudhury, the self-proclaimed Hollywood "yoga teacher to the stars", to get his Bikram yoga style patented in the US.


Are dance moves patented yet? How about eating and breathing techniques? Is sleep also a patent? Is that an infringement yet? With genetic patents abound, just being born or even conceived is a potential patent violation. But hey, more patents mean more innovation, right? It's common sense, assuming you're a lawyer.

Comments

Recent Techrights' Posts

RMS Was Right 35 Years Ago
Stallman’s viewpoints have remained the same
Fedora is IBM and There's Hardly Any Community Left
It's more like an onboarding mechanism for unpaid labour at (and for) IBM
 
Gemini Links 29/01/2026: Naps, Letting Go, and Terribly Cold Weather
Links for the day
Links 29/01/2026: Kennedy Center Officials Resigning and Amazon to Cut 16,000 Jobs
Links for the day
Goodbyes to Red Hat and IBM
PIPs let them do the same with less "wasted" on severance or with obscene narrative-shaping
The Need to Understand the Projection Tactics Against RMS
There's an old and common saying (or "wisdom") about who's guilty when there's a fart in elevators (lifts)
Links 29/01/2026: Neocities Is Blocked by Microsoft, “Intellectual Freedom Centers” as the New "Intelligent Design"
Links for the day
Microsoft XBox Dying Not Only as a Console, Reveals Microsoft
Microsoft is trying to rebrand or repurpose the brand
Don't be Mistaken, Microsoft Boasts About Money That Does Not Exist and Revenue (Buying From Oneself!) Is Not Income
the company's debt grew
IBM's Financial Performance in IBM's Own Words: Money Down, Debt Up Sharply
IBM isn't a healthy company
In Dominica, GNU/Linux Has Risen to All-Time High in 2026
a lot of America is moving to Free software this year
The "Alicante Mafia" - Part XV - EPO is on Strike Tomorrow, Lots to be Angry About (Except Money)
We'll soon finish the series
Gemini Links 29/01/2026: "Lady Audley's Secret" and "The Value Of Our Fear" (Carney's Speech)
Links for the day
Emmanuel Macron on Europe's GAFAM Addiction/Dependence: "There is No Such Thing as Happy Vassalage"
Microsoft has long worked to prevent commodification
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026
Expect More XBox Layoffs Shortly
As expected
Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026