Bonum Certa Men Certa

With Software Patents Abound, Free/Open Source Software Loses, Patent Lawyers Gain

Time for programmers to get actively involved and put an end to software patenting

The tax on development



Summary: The tax on development -- or the cost associated with patent-related mess -- is rapidly increasing and in the case of Free software it by far exceeds the revenue gained from distribution, which is usually $0

THE US patent system is extremely hostile towards Free software, which is why all sorts of groups like OIN came into existence (even if they're ineffective in practice). Put rather bluntly, the USPTO and Free software cannot coexist unless or until the patent examiners stop granting software patents and PTAB (or equivalent) tosses away already-granted software patents (there is a very high invalidation rate there).



Law 360, a site with stubborn paywalls, has this news about a new high-profile decision. It is worth noting that in SRI International Inc. v. Cisco Systems Inc. it's Free software, the software created by Sourcefire, which is deemed infringing. To quote Law 360:

Cisco Systems Inc. infringed two network surveillance patents owned by SRI International Inc., a Delaware federal jury decided Thursday, ordering the California tech company to pay nearly $24 million in damages.

SRI’s lawsuit had targeted products like Cisco’s so-called Intrusion Prevention System and some services Cisco acquired when it bought Sourcefire Inc. (Credit: AP) The eight jurors unanimously agreed the San Jose-based Cisco willfully infringed the patents with its network intrusion prevention products and failed to prove the patents were invalid.


What next? Jabber? Cisco deserves some credit for fighting back, but it lost anyway. This is bad news for Free software and it demonstrates the problem with software patents. Cisco should appeal if it's possible; maybe Alice can help here.

"Software patents are silent killers and the mainstream media does little or nothing at all to highlight this problem."Over the years we have covered several examples of Free software projects (programs, apps, plugins) which were killed (removed from the Net overnight) due to patent aggression, either litigation or threats thereof. Software patents are silent killers and the mainstream media does little or nothing at all to highlight this problem. This apathy is only made worse when they decide to quote patent lawyers, not software developers, regarding software patents (at times even just letting them contribute a whole column/article).

Another new article from Law 360 speaks about the massive legal fees in patent cases. To quote: "That rate has now reached $2,000 per hour, according to research conducted by BTI Consulting Group, a significant increase from the previous high of $1,600 reached last year and nearly three times the average rate clients pay for outside legal work."

"59% of Companies Pay at Least One Law Firm $1000 per Hour," one patent attorney wrote, to which Benjamin Henrion responded with "I always said it was a parasitic profession."

"The media is besieged by patent lawyers."How many Free software developers can afford patent lawyers at these truly extortionate rates? Why aren't developers not up in arms? Where is the resistance? The media is besieged by patent lawyers.

The Hill, the lobbyists’ media, is now occupied by patent maximalists for patent maximisation (no surprise here). To quote the disclosure of this latest propaganda piece: "Stoll is a partner and co-chair of the intellectual property group at Drinker Biddle & Reath and a former commissioner for patents at the United States Patent and Trademark Office."

And these people now pose as 'journalists'. Where are the software developers' voices? The proponents of software patents try to amplify Stoll's message with nonsense like: "Are patent decisions strangling our economy? Former Patent Commissioner Bob Stoll says yes."

"There is nothing that poses an existential threat to Free software (not the vendor captive FOSS) more than software patents and more involvement is needed from more programmers in order to put an end to that.""It's "his economy," Henrion pointed out. "Patent agents live off patents." Well, they also take over the media.

"DDR Holdings is no longer only point of hope for innovators and patent owners in software space," wrote another maximalist, "discussing Enfish" (which we have just covered).

As Henrion noted, is this "hope of the nightmare coming back?"

"Today we celebrate the anniversary of #MSFT's very 1st #patent," wrote a Microsoft account. "Cheers to 30 years of innovation & much more to come" (not innovation, blackmail, even against Free software).

As Henrion put it, "you mean the best nightmare for developers?"

We really need more developers -- not just Free software developers -- to get involved and counter these messages from patent lawyers, some of whom wish their way into more patents in Europe, including software patents that Germany is notorious for granting ("Are most patents in Germany valid after all?").

There is nothing that poses an existential threat to Free software (not the vendor captive FOSS) more than software patents and more involvement is needed from more programmers in order to put an end to that.

Recent Techrights' Posts

Links 19/09/2025: Lobbyist of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
 
Offloading to the Sister Site
In the interest of not overwhelming readers
Links 19/09/2025: Coffee Club and "SpellBinding is Now Absurdly Fast"
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025
Slopwatch: Fake Articles, Fake Text, Fake Images, Negative Slant on "Linux"
Google News has lost its value; the signal-to-noise ratio has fallen off a cliff
Gemini Links 17/09/2025: Relax-and-Recover on Proxmox and New Smolweb File Transfer Service
Links for the day
Fact: EFF Got Corrupted by Corporate Money. Microsoft Lunduke (Political Noise): The Issue With EFF is, It Kills Babies.
Microsoft Lunduke - as usual - finds a way to make it about abortions
Pacing Publication Up a Bit
The news cycles have gotten rather light and slow
Links 17/09/2025: Power Outages, Digital Controls, and Attacks on the Mainstream Media (by Insecure and Corrupt Dictators)
Links for the day
Gemini Links 17/09/2025: Flashing LineageOS and ROOPHLOCH
Links for the day
Links 17/09/2025: Long COVID Study, "Exposing Pegasus", and Chatbots Exposing Sensitive Data
Links for the day
Links 17/09/2025: Secret Settlement for Internet Archive and Google’s LLM Slop Summaries Attracting Lawsuits
Links for the day
The True Cost of 'Generative Models'
Funded and promoted by the companies that profit from the waste
'Big Slop' Attacks Contemporary Information/Knowledge and Creative Works, 'Big Copyright' (Cartel) Attacks the Old
Someone at IA will hopefully "blow the whistle" on what they actually agreed
Why We Find It Difficult to Trust Rust
A comparison between C/C++ and Rust
Slop Nihilism is Funded by Big Oil
Eventually human civilisation will destroy itself
Watching the OSI: Our Series Will Carry on Irrespective of the Chief's 'Resignation'
the OSI isn't even the real guardian of the term "Open Source"
Professor Eben Moglen Recovering From Open Heart Surgery
From his public pages (this is not secret)
Just What LibreOffice Needs? Another Language? (Rust)
what's all this concern about memory safety?
Many Microsoft Managers Are Leaving
"Hey hi" chaff or chaff about "hey hi" cannot eternally distract from the difficulties inside the company
There Are Red Hat (IBM) Layoffs, But Google News is Infested With Slopfarms
It contributes a lot to misinformation and it encourages plagiarism
Tomorrow, Microsoft's Tim Anderson's 'The Register MS' Offshoot Will Have Been Inactive for 2 Months (There's Also a Slop Problem)
We've already caught The Register MS using LLM slop for articles
Microsoft's Chief Legal Officer Leaves Microsoft After Nearly 30 Years
And not retiring
Even Windows Users Are Having Problems With "Secure Boot"
When it comes to security - Microsoft strives for the very opposite
Another Competition Crime of Microsoft, Long Facilitated and Advocated by a Bad Actor, Who is Funded by a Third Party to Commit Extortion Against People Who Have Correctly and Repeatedly Warned About It for Over 13 Year
We must always go back to the core issues
3 More Reasons to Replace Mozilla Firefox With LibreWolf
Thankfully there are de-enshittified versions of Firefox
USA Not a Place for Free Speech
In America, as in the US, the attacks seem more enhanced or advanced these days
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 16, 2025
IRC logs for Tuesday, September 16, 2025
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day