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

Firefox in Trouble in the US, Down to Lowest Level in 20+ Years
more sites will stop or intentionally neglect Firefox support
Clownflare: More Than 1 in 5 Laptops or Desktops in El Salvador Run GNU/Linux or ChromeOS
Clownflare Radar reckons it's more like 20%+ now
Omarchy is Already Dying
Same as the life cycle of slopfarms
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
 
Gemini Links 19/08/2026: "Big Boost in Autonomy" and "Answer of E-Mail"
Links for the day
SLAPP Censorship - Part 154 Out of 200: Computer-Generated Legal Filings From Men Who Are Salaried by Mass Plagiarism Companies in Another Continent (America)
This isn't the behaviour of a moral person but of some sort of "crypto bro" or "slop bro"
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026