Bonum Certa Men Certa

Novell and Affiliates Turn to Software Patents While US Senators Make Things Worse, Not Better

USPTO seal shot



Summary: A roundup of news about software patents in the United States, hopefully demonstrating that matters are unlikely to improve because people who are in charge fell into the pockets of monopolies and truth matters hardly at all

MATT ASAY, a former manager at Novell, says that software patents complicate Novell's sale. This is a good lesson on the harms of software patents. Novell previously bragged about its software patents.



A few days ago we found this article about software patents that are awarded in Maine (where Novell's headquarters are based).

Move Networks, which was founded by Novell's co-founder, is reportedly shutting down but not before getting some more software patents:

According to Move, the patent covers adaptive streaming, and is similar to what Akamai, Apple, Adobe, Limelight, Microsoft, Netflix, Widevine and others have deployed. Move said those firms deployed adaptive bit rate architecture "inspired by" the firm's invention.


Might Move Networks be in preparation for a lawsuit? Just like Interval it's a dead company with a skeleton of patents. It's worth keeping an eye on.

The other day we wrote about something called a "Patent Reform Bill" being pushed by senators. As the editor points out in Tech Daily Dose, it is not a reform. "Just because they call it “reform” doesn’t mean it is," said the editor. TechDirt says that "Senators Make One Last Push For Bad Patent Reform That Will Make Problems Even Worse" and Law.com's headline says that "Senators Urge Reid to Quickly Bring Amended Patent Reform Bill to Vote":

A bipartisan group of 25 U.S. senators wrote a letter to Senate Majority Leader Harry Reid (D-Nev.) on Wednesday, asking him to bring an amended patent reform bill to the Senate floor as soon as possible.

Fourteen Democrats, 10 Republicans and Sen. Joseph Lieberman (I-Conn.) signed the Sept. 15 letter. Intellectual property insiders say there hasn't been this much support for a patent bill since the American Inventors Protection Act of 1999.

[...]

The amended bill, which enjoys widespread support from industry and intellectual property groups, would give the U.S. Patent and Trademark Office (PTO) the authority to adjust patent and trademark fees, and it includes a procedure allowing for challenges to issued patents. Another key provision would change the U.S. patent system to award patents to the first to file instead of the first to invent. Other sections would require courts to consider only "methodologies and factors that are relevant to the determination of damages" and to multiply awards only for damages amassed after the infringement became willful.


What an insane idea. Who is this bill for? They are about to destroy the economy even more. There is this new article right now ("Germans win through sharing") where economic historian Eckhard Höffner explains how patents and copyrights can harm progress. Previously, Höffner was slamming software patents more specifically.

Called by some a sellout to corporate interests and a surrender to Washington, Bill C-32 — the federal government's third attempt at bringing the Copyright Act into the Internet age — has its share of opponents. So, new peer-reviewed research by German economic historian Eckhard Höffner may find some eager Canadian students. A lawyer and author of several books, Höffner's new two-volume work, Geschichte und Wesen des Urheberrechts (his preferred English translation is The History and Nature of Copyright) contends that the German states' 19th-century transformation from an agricultural backwater to an industrial power the equal of Britain was due in part to their relaxed attitude toward copyright and intellectual property (IP).

[...]

Höffner's research grew out of an interest in the usefulness of software patents, which he suspects are too restrictive over the long term. Relaxed copyright's role in the rise of Germany as economic superpower suggests proof that "longer and stronger protection has negative impacts." More recently, the likes of China have profited from a considerably looser approach to IP than that of the developed West.


Here is an "intellectual property" cartoon (new Dilbert) which also makes fun of the idea. [via Groklaw]

The latest column from Goetz (holder of the first software patent) was debunked here and elsewhere before [1, 2] and now it's Groklaw's turn. Pamela Jones wrote a quick rebuttal in News Picks and it went like this:

I see pro software patent folks are quite worried about the "software is mathematics" argument, and I think they should be, because it's true. Speaking as one die hard, as he puts it rather dismissively, I do continue to believe that software is mathematics, and hence not patentable subject matter, being "part of the storehouse of knowledge of all men", as the Bilski opinion stated about the exceptions to Section 101, quoting from Funk Brothers. And I recall this section from the Bilski opinion that I consider germane:

"The Information Age empowers people with new capacities to perform statistical analyses and mathematical calculations with a speed and sophistication that enable the design of protocols for more efficient performance of a vast number of business tasks. If a high enough bar is not set when considering patent applications of this sort, patent examiners and courts could be flooded with claims that would put a chill on creative endeavor and dynamic change."

And in real life we see exactly that is what happened. Can we not learn from that experiment that something is very clearly off-base? Mr. Goetz says he'd like to see frivolous patents done away with:

"In conclusion, while I am a strong proponent of software patents I am very aware, and agree with, many of the arguments against patents because of patent trolls, frivolous patents, e.g. Amazon’s one-click patent, and frivolous patent litigation that can put companies out of business. And I support changes in the Patent Law to reduce those problems."

But I'd like to ask him this: where exactly would you draw the line to accomplish that goal if software patents are allowed at all? Can we not see that opening that door is precisely what led to the Amazon one-click patent? He argues for three things: "Innovation 2. A proper disclosure and 3. Usefulness." So, new, useful and disclosed so that others in the field can reproduce the invention. That second is laughable. Please show me a software patent that fits that description of "proper disclosure". As for the other two, I'm sure Amazon would argue it got over both bars. And the USPTO did issue that patent, so we can agree that the present system is broken. What precisely does Mr. Goetz suggest to fix it?


It is clear that the case for software patents looks increasingly weak over time. The problem is that lawmakers in the United States are not paying attention and the USPTO is too arrogant to understand and acknowledge its shortcomings [1, 2]. ⬆

Recent Techrights' Posts

World Mental Health Day is Tomorrow and EPO Staff Talks About What the Job Does to Workers
In recent years we've written a great deal about mental health consideration in relation to work, with a focus on "IT"
You Definitely Do NOT Wish to Live Close to a Datacentre
put aside for a moment the noise, the pollution...
GGG Pot Calls the Kettle Black
"It means a situation in which somebody accuses someone else of a fault which the accuser shares, and therefore is an example of psychological projection, or hypocrisy. Use of the expression to discredit or deflect a claim of wrongdoing by attacking the originator of the claim for their own similar behaviour (rather than acknowledging the guilt of both) is the tu quoque logical fallacy."
The Microsoft Ban Should Go Further (Telecommunications Cybersecurity and Resilience Act Incompatible With Back Doors)
it's not difficult to see where to start
 
James Bottomley Has Promoted Microsoft-Controlled Restricted ('Secure') Boot, His Blog Has Just Been Cracked
Does this meet IBM's and Microsoft's standards for "distinguished" (in security)?
Links 09/10/2026: "Internet Archive to Demo Wayback Machine at Friday’s Uniqlo Street Festival", France Wages Censorship War via DNS
Links for the day
Controlled Opposition
The underlying concept is hardly new
More Stallmans
We need more Stallmans, we don't need to change Stallman
SUEPO Munich (EPO Staff Union in the Main Headquarters) Opposes Monarchy ('Cocaine King' Campinos), Plans Online Meeting Next Week
They may have about 1,000 workers joining in
GNU/Linux Flirts With 20% "Market Share" in North America Overnight
Who should we trust on GNU/Linux? Microsofters on an armchair or Cloudflare Radar?
New Site Makes the Case Against Adoption of Omarchy, But Focuses Almost Entirely on Politics
Let's examine what the page says and what points it focuses on
Brigading Against Women - Part XXIV - Nobody's Name is Unspeakable
Names are not sacred
Microsoft is in Trouble (With the Regime It Sponsored)
It seems like Microsoft paying the existing regime/dictatorship wasn't enough
In the United Kingdom, Rising Cost of Hardware Benefits GNU/Linux
GNU/Linux rose from about 4% to almost 6% in one year
Japanese Targets of Cyber Breaches or Insider Threats
Japanese government bureau and major firms experience data breaches
Gemini Links 09/10/2026: Optimism, Stargazing, and Solar MiniServer
Links for the day
When Americans Export a 'Suicide Mission' to Other Continents
I worry that this culture of debt-taking and overconsumption is being spread from the US to Europe
The Register MS: "AI" Several Times in Same Headline, 31 Times in Page. The Register MS Was Paid to Do This.
The phenomenon is commercial (paid media), not scientific
The Outcome of Microsoft Ban Was Predictable
told you so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 08, 2026
IRC logs for Thursday, October 08, 2026
Gemini Links 08/10/2026: Economical Thrashing, How I Killed the Earth, and Thoughts on Gemini
Links for the day
Links 08/10/2026: Wikimedia Bemoans Chaffbot Slop (Bots Sold as 'Agents') That Sabotage It, ICC's Taliban Warrants
Links for the day
Links 08/10/2026: Slop Scammers (Pushers) Inflate Hosting Bills and "YouTube Testing Everything"
Links for the day
The Register MS Helps Prove the "AI" Frenzy in the Media is Evidence of Compromised Media, Not Legitimate "Revolution"
Ignore the hype and carry on
London Became Synonymous With the Royal Courts of Justice
London used to be a place where we go on holiday/retreat/break; nowadays we have only one destination there
Microsoft Insiders on "Effectively Being Silently Laid Off From Microsoft"
People are laid off by the thousands without the media uttering a word or the companies confirming anything
Brigading Against Women - Part XXIII - Extremism in the Mix and Getting the Police Involved
In 2012 I was getting heckled a lot for opposing back doors in Linux; it has not stopped since
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 07, 2026
IRC logs for Wednesday, October 07, 2026
Microsoft's XBox CEO Asha Sharma Tells Staff That Many Thousands of Layoffs Are in Fact "Return to Growth"
Get it? Layoffs are "growth".
Gemini Links 07/10/2026: On Feeling Guilty Leaving the US, Multinet, and Limiting Net Usage
Links for the day
The Cyber Show Explains the Concept of "Data Rape"
a metaphor some might find crude
FREE BEER is Still Online, But Barely Active
25 years ago or even 20 years ago many spoke of open/free beer (or "COLA")
Syria: GNU/Linux Has Surged to 8% "Market Share"
I don't have a convincing explanation for this
IBM Dimming Down the Lights on IBM Consulting, No Knowledge or Experience Required
They just "ride" the (old) brand, that's all
Statement on American SLAPP
Crossposted from schestowitz.com
Today The Register MS Published "SPONSORED FEATURE" and "SPONSORED POST" With "AI" 31 Times in Them
This isn't a "Reality" or "Era of AI", it's a paid-for spam campaign
Gemini Links 07/10/2026: Nostalgia, Neutral Map, and Shorthanding
Links for the day
Links 07/10/2026: Unrest in France and Rumours of Plague in Russia
Links for the day
Brigading Against Women - Part XXII - The Lozza Problem (in Length)
Garrett's case was a waste of the Court's money
JavaScript in Richard Stallman's Web Site
For search he is using CGI, not JavaScript
EPO's Local Staff Committee The Hague (LSCTH) Plans Presentation Next Week (Coinciding With Apparent Coronation of 'Cocaine King' Campinos)
They've outsourced this session to the dictator's spying eye
The GNOME Foundation's Code of Conduct Has Been Misused to Hide Corruption
People who value free speech and freedom of expression won't touch social control media with a 10-foot bargepole
Voting for Freedom of the Press
American elections happen every 4 years
What Brett Wilson LLP and Matt Garrett Don't Want People to See/Read
Book-burning is counterproductive
Book-Burning Mindset Does Not Work
It makes the suppressed voices more widely known
Microsoft's XBox in 'Freefall'
XBox is practically finished
Slop is Plagiarism
Plagiarism is not "theft" and copyright infringement is not "piracy"
IBM is Almost Defunct
IBM is doomed. It just tries to test how much more patience the shareholders have.
Criminalisation of Journalism
"Journalist Derya Okatan arrested in Turkey for allegedly possessing classified material"
Brigading Against Women - Part XXI - Hiding Behind the Veil of "Privacy" After Telling Nazi Things in IRC Channels of Techrights and Physically Threatening People
To merely explain an abuse (or crime) requires naming people; that's a fundamental tenet of reporting
Links 07/10/2026: Quitting Smartphone and "Meta's Muse Is Spying on All Your Friends and Family"
Links for the day
Gemini Links 07/10/2026: Greed, In Praise of Zotero, and The de-Google Path
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 06, 2026
IRC logs for Tuesday, October 06, 2026