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

Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
 
Plagiarism is Hardly a New Problem, It Predates Mainstream Media Getting Paid to Whitewash It as "Training" or "Hey Hi", Then Conflate Plagiarism With "Intelligence" or Deferred "Value"
"Quantum" isn't new either; it's a 'circle-jerk' for companies without direction, only hype
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026
Linux is Sabotaged by Botspam and Bloat (de Facto Denial of Service Attack in "Intelligence" Clothing After Rust in "Security" Clothing)
Linux is becoming orphaned, devalued and diluted by GAFAM slop
Switzerland No Longer Wants Microsoft's 'Swiss Cheese' (Back Doors)
Switzerland's patience with Microsoft is wearing thin
Debian is Not a Community, Many Debian Developers Work for Large Companies Including GAFAM (US)
"Community" sounds like friendship and amicability
Links 08/09/2026: Slop Companies Attack Some More Sites, Nvidia Bribes 'Linux' Foundation for Some More Openwashing and for Saying Slop is "Secure"
Links for the day
Gemini Links 08/09/2026: Ultra Introverts, BlackBerry Bold in 2026, and Laughing at LLMs
Links for the day
Microsoft Layoffs in October 2026
Microsoft is a market leader. In NDAs.
Links 08/09/2026: "The Green Revolution Has Failed Africa" and Palantir/Microsoft Harming NHS
Links for the day
Microsoft's Silent Layoffs Are the New Normal at Microsoft
Microsoft has a ton of layoffs all the time, but the media isn't mentioning those as no WARN notices get issued
SLAPP Censorship - Part 175 Out of 200: Implicit and Explicit Coalition Against the UK's SLAPP Industry
SRA recognises the problem
Further Transparency Problems at the EPO
The EPO was never meant to be profitable
Gemini Links 08/09/2026: "Everything Must Go", Announcing Perigee, and Presentations in a Browser
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 07, 2026
IRC logs for Monday, September 07, 2026
Alleged Manager at IBM Says "[t]here are likely to be a lot (and I meant, A LOT) of RAs before December."
"We’re getting pressure from above to put some team members on PIPs."
Links 07/09/2026: Amazon Cargo Plane Crash, .org/.net/.com Domains Considered Risky
Links for the day
Gemini Links 07/09/2026: Cheese, Text-based Life, and Icons in Swaybar
Links for the day
Freedom, Not Fame, is His Goal
pursuit of money can be not only tiring but also involve abandoning one's freedom
Links 07/09/2026: Slop Trashes Memory of Parton, Flock Surveillance Infuriates Everyone
Links for the day
Getting Better After 20 Years
Exactly two months from now this site is turning 20
EPO Hiding Cocainegate and Abandoning Transparency (Even Access to Very Basic Information is Denied)
The EPO isn't just becoming like a private for-profit corporation. It's also becoming more secretive.
Richard Stallman Has Resurrected Lost Updates
We didn't ask about it
SLAPP Censorship - Part 174 Out of 200: Cascading Scandals and a Path Towards Much-Needed, Long-Awaited Reform
Reform the UK's law, not "Reform UK"
EPO's Gema Requena Sempere (PD People) Contacted Regarding Children With Disabilities
In the coming week we may be in fruitful contact with some media regarding EPO scandals
Over at Tux Machines...
GNU/Linux news for the past day
Gemini Links 07/09/2026: Music Composition, Free Stuff, and Self-hosting Git Repos
Links for the day
IRC Proceedings: Sunday, September 06, 2026
IRC logs for Sunday, September 06, 2026