Bonum Certa Men Certa

With Patent Quality This Low, Who Needs Any?

Bar signTime to raise the bar of patents, not lower it

Summary: Another new batch of embarrassingly-trivial patents (the bar is set too low), Twitter's reluctance to have anything to do with patents, and news from Europe and Apple

"Breaking: Amazon 1-click invention is patentable subject matter, says Justice Phelan of the Cdn. Fed. Ct. Reasons," claims Yuri Chumak who points to this new decision [PDF]



They can't be serious, can they? One-click shopping is a patentable "innovation" now? Someone, somewhere, please revisit the charter of the USPTO. This is becoming somewhat of a farce of international proportions. And it gets worse. Rollover image is now a patent too, according to this report.

"Dear website owner, congratulations on your excellent site, which includes features covered by our registered patent, #5,251,294. As the description indicates, many of the components on your pages, particularly your menus, rollover images, and shortcuts, are detailed in our claim. We would be delighted to lease these to you at a reasonable royalty rate of $80,000. Please call our offices at your convenience to arrange a payment schedule."

Nuts, right? We wish. Meet the Webvention Company, which appears to exist largely for the purpose of collecting money from companies whose online sites include commonly used features that can be construed as part of patent 5,251,294.


It's not a joke. It's an actual patent granted by the USPTO and Microsoft's Traul Allen has similar patents which he sues everyone with. Then there's the infamous JPEG on a page patent covered in [1, 2]. It's tied to Niro, the father of patent trolling [1, 2, 3, 4, 5, 6, 7, 8, 9]. The exact nickname of the patent is "The JPEG-on-a-website patent".

Just how far is the USPTO willing to go? There are more software patents being announced with great pride this week. What does that really contribute to technology? Have we learned nothing about the harms of monopoly? Just consider the harms of Microsoft bundling and its effects on progress in computing. As one blogger has just put it:

This is a nice phrase to startle computer sellers in most stores. Why is it that most computers come with Windows preloaded? To satisfy the users?? I guess that the price reductions on Windows licenses for OEMs --and price increases if they dare to sell equipment without Windows preloaded--have nothing to do with it. Nor does Microsoft's interest in fair competition and fair play.

So...if Windows comes with the computer, does that mean that Windows is part of the computer?

Clearly not. Microsoft licenses mean that the software is neither part of the computer nor yours. For the vendors, the licenses mean they have the permission to install it. What is yours is the permission to use it in your system. Do you own a copy of Windows? No, you don't. All of them belong to Microsoft, but they give you the privilege of using it--for a *small* price, of course! This resembles communism so much if you ask me. The differences are the entity that owns the goods and how people are granted the permission to use them. And still some say that Open Source equals communism??!!


Going back to the subject of patenting, BNET says that Twitter -- despite its near-monopoly in its area -- is not interested in patents:

Twitter co-founder Evan Williams predicted yesterday that the social media company will hit a billion users in time. It seems like wishful thinking if you look at the company’s traffic trend lines, but there’s no question that Twitter is big in social media. That’s why I find its patent strategy curious. Check US Patent Office records week after week and you begin to notice that Twitter doesn’t appear to ever file an application, let alone receive a granted patent.


Contrast that with Facebook, whose Microsoft-loving management has begun hoarding software patents [1, 2, 3, 4].

Over in Europe it's an entirely different story. Patent trolling is very scarce there, it hardly exists in fact (patent trolls utilise software patents, which are broad and impact a wide range of companies). The Geneva-based WIPO has been kind enough to give Free software proponents a room in the discussion over patent law and the nearby reporters from IP Watch covered the proceedings: [via]

Patents aren’t what they used to be at the World Intellectual Property Organization. Discussions to come up with a work plan at the Standing Committee on the Law of Patents (SCP) this week and in recent meetings point to the possibility of a sea change in thinking over what matters about intellectual property policy and law.


This article also speaks about royalty-free standards:

“Seeing as royalty-free standards can be implemented by anyone, where exactly do you see a barrier to trade in that?” added Karsten Gerloff, president of the Free Software Foundation Europe. The FSFE position on patents and standards is here.


The FSFE and the FFII have both been effective at exposing attempts to push software patents into Europe. Microsoft and its front groups try to do this via pseudo-standards and protocols/APIs (F/RAND), aided by corruptible or innocently misguided politicians. Apple does not appear to have real presence among the lobbying groups, but its actions too are a deterrent to innovation in the EU. Yesterday we wrote about the so-called 'anti-sexting' patent from Apple. A more professional name for it is "text message filtering" and it still brings memories from last month's censorship of SMS transmission by a large US carrier (done without user consent). Apple apologists may say:

Apple's invention, which may or may not ever find its way into an actual product, aims to stem the scourge of offensive texting.


Last month we saw such software being used not by actual customers but by the babysitting carrier. One day it may be just "offensive texting" (or "terrorism" and "child porn") and as time goes by, political dissent, just as an hypothetical example, can be automatically intercepted too. See this video which we posted earlier today.

Hugo Roy, the FSFE member who famously got in touch with Steve Jobs, shares news about another new patent from Apple. This article says: "A batch of approved patent applications from Apple issued by the U.S. Patent Office this week include descriptions of significant multi-touch innovations, such as pinch-to-zoom and knob controls."

Keep it classy, Apple. If Apple gets sued more often, maybe then it will stop amassing software monopolies.

Recent Techrights' Posts

Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
 
How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day