Bonum Certa Men Certa

Patents Roundup: Good News, Bad News

Many stories about software patents make an appearance at the moment (it's clearly a hot topic) and there's little time to expand on them, so here is just a sample of news worth reading if you care about the legal fight against Free software.

Patents Down in Europe, Sun



It was interesting to discover that patents in Europe are on the decline, but the reasons for this decline was discomforting. [via Glyn Moody]

European Patent Office issued fewer patents in 2007



[...]

Nonetheless, the EPO staff's morale seems to have never been lower. A survey conducted among several thousand staff members found that only 4 per cent have faith in the management board. Only 6 per cent said they were satisfied with their direct superiors and the president. The auditors have also long been complaining that they are chronically overworked.


We previously wrote about Sun's view on software patents. While not much has changed, it's reassuring to find this:

On his blog, Sun’s general counsel Mike Dillon provides an explanation as to why his company took the decision back in 2005 to reduce the number of patent applications it files...

Aside from our focus on patent quality, there is another reason we are filing fewer patents. It has to do with our business model. Unlike some companies, we don't have a corporate goal for revenue derived from patents (and patent litigation).



UNIX-basedFor a company that suffers financially and reduces its workforce perpetually, the above seems like a bold statement. Reasons below.

Downturn/Recession Turns "Defensive" to Offensive



Digital Majority turns its readers' attention to this article.

Why Patent Applications Increase in a Down Economy



[...]

In September, in a case known as "Re: Comisky," the U.S. Patent Office held the inventor's method for conducting mandatory arbitration involving legal documents was not patentable, essentially finding that a business process that does not require the use or implementation of technology, but depends on steps of human intervention, can not be awarded a patent.


Europe's Back Door Again



Glyn Moody is well aware of the little scheme that's apparently cooking in the EU. It's partly about shoving in some software patents by the backdoor, using the help of Commissioner Charlie Mccreevy:

...where those "opportunities" almost certainly amount to sneaking in software patents by the backdoor.

Be alert for more of this stuff: the price of freedom is eternal vigilance etc. etc. etc.


Watch Don Marti's critique of the Commission's toothless and lawless (as in tiger) fight against RAND and the likes of it. We highlighted this problem before [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12].

You can't have it both ways: if "Intellectual Property" should be treated like actual property, then you put it at risk when you use it in a crime. The European Commission isn't picking on a US-based company for no reason here. In fact, the Commission generally advocates for expansions of exclusive rights in information that tend to benefit US-based companies at the expense of Europe. And in this case, the Commission didn't even limit Microsoft's use of the patent system. It only limited the company's ability to make vague anticompetitive threats based on unspecified parts of a large patent portfolio, and handed over some protocol information that Samba was in the process of working out anyway.

A common-sense patent regime would limit the tools available to future software monopolists, and might make the next antitrust action unnecessary.


Copyrighted Datasets



Here is an interesting observation from Brendan Scott. He points out that his local laws may impose artificial barriers on interoperability.

The current authorities still hold that the reproduction of a data set, even for the purpose of interoperability, will be an infringement if there is copyright in the data set. Moreover, the courts have simply looked for a causal connection between the original work and the reproduction. The re-implementation of a work by piecing it together from observation may still result in an infringement.

The legislature has introduced an interoperability exception but it seems to be worded in a way limited to reproductions for the purpose of gaining information - and therefore doesn’t seem to be a lot of help in practice.


What would that mean if not only copyrights were involved? What if someone obtained a patent on a data transformation tool, which describes mapping between fixed objects? Watch this one from the news.

Start-up sues Google over e-mail switching tool"



Google was named on Monday in a trade secrets lawsuit alleging that the company's business software unit copied a tiny start-up's tool for moving customers off of Microsoft software onto Google's.

LimitNone filed a complaint in an Illinois circuit court alleging that Google at first began promoting the smaller firm's tool for migrating Microsoft Outlook customers to Gmail, then copied the idea and went into competition with it.


It sounds as though LimitNone got back-stabbed by Google, but patent laws certainly would not work here. The idea is by no means innovative and the solution not unique (it's mathematics in the sense that data gets systematically translated). It's important not to let such cases permit junk patents to exist.

Recent Techrights' Posts

Maintenance Reminder
We'll carry on publishing
EPO "Cocaine Communication Manager" - Part VIII - Mobbing and Silencing of Dissenting Staff
that's the very cornerstone of functional democracies with real opposition parties
Reader Shares Recent Memes on Slop and 'Coding' by LLMs
"just some funny memes I thought were relevant to current coverage."
Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
 
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026
SLAPP Censorship - Part 18 Out of 200: Third Parties Funding Attacks on the Messengers, Lawsuits Against GAFAM-Critical Voices That Uphold Real National Security
Women are like kryptonite to them
Never Trust People Who Write Their Own Wikipedia Pages (Vanity Pages About Themselves) or Ask Friends to Do So. Also: Jono Bacon is Married to Microsoft.
We'd hardly be the first to point out Wikipedia isn't what it seems
No Tolerance for Attacks on Family Members
Being a Free software activist ought not lead to "collateral damage" like attacks on family members, including doxing
Sirius Open Source is Just a Zombie Firm With Shell Entities
Many companies fake their health and their size
Communities Can Only Survive When Trust Prevails
PCLinuxOS is still a vibrant and authentic community
Techrights Was Always a Community Site
The harder we're attacked, the more people participate in the site
Behind the PR Smokescreen and Microsoft-Sponsored Chaff, Microsoft Layoffs in "AI" Alleged This Month
In an age when ~1,000 simultaneous layoffs aren't enough to receive any media coverage, what can we expect remaining publishers to tell us about Microsoft layoffs in 2026?
Bluewashing at Confluent: Some Workers to Leave Within 3 Months (IBM Mass Layoffs)
Is the "era of AI" an era when none of the media will mention over 800 layoffs? [...] There's a lesson here about the state of the contemporary media, not just IBM and bluewashing
Microsoft OpenAI, Drowning in Debt and Forced to Make Significant Cuts (as Reports Reveal This Month), Does Hiring Disguised as "Takeovers" to Fake Value or Alleged Potential
Remember what happened to Skype last year
Slop Does Not Replace Art, It Contaminates Everything With Reckless Nonsense
many Computer Scientists do not want programs to get contaminated by slop
Coders Don't Just Reject 'Vibe Coding' Because They're "Luddites", They Just Know the True Cost of Slop
if some programmer says slop sucks, don't rush to assume selfishness or defence of one's occupation
When Nobody Else Covers the News
There's an obvious "media blackout" regarding the mass layoffs
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026