Bonum Certa Men Certa

Latest Live Examples of Patent Failure™

A Firestar Falls



USPTOBased on previous and very recent posts about Red Hat, Sun and Firestar [1, 2] (c/f older analysis in [1, 2, 3]), it could be concluded that the main loser was software patents. The world learned that:



There is some more new coverage of the Red Hat/Firestar/Sun situation in OStatic and The Register. Ars Technica, on the other side of this, makes the incorrect assertion that the patent in question has already been invalidated.

The Linux vendor has been receiving plaudits and its legal team patting themselves on the back for defusing a ticking time bomb of claims against its JBoss middleware partners and customers.

If Sun Microsystems has got its way, though, Red Hat could have become just another victim of patent poker in the US and left customers, partners and itself open to future claims.

Sun has succeeded in overturning the Firestar patent in question - "Object model mapping and runtime engine for employing relational database with object oriented software" - after it approached the US Patent and Trademark Office (USPTO), claiming the existence of prior art. Firestar had brought the claim against JBoss but this passed to Red Hat once it acquired the open source middleware provider in 2006.


At the end of the day, it's mainly a question of who you upset with patents. Who is to benefit from frivolous lawsuits -- or worse -- from saber-rattling? That's why people are encouraged never to depend on Mono (Microsoft's restrictive and monopolistic .NET atop GNU/Linux).

Remember that it's about the holder of the patents, not just those without-a-merit software patents, which may seem innocent due to the chaos they have become and the difficulty of having them upheld in court.

Here is a blunt new comment on this subject.

The thing I like most about Mono is how easy I can delete it and anything associated with it from my system. Every time I do an install, it is the very FIRST thing that I remove even before doing package updates. I cannot justify having anything remotely connected to Microsoft on my machine no matter what Mr. DeCaza says. Want to sleep with the enemy, fine but don't complain when you get thrown on the rubbish heap when you are of no further use to MS.


This little rant came in response to Miguel de Icaza's latest intervention in the direction of GNOME. Didn't Jeff Waugh insist that Miguel has no influence on GNOME's direction anymore?

Patent Opposition Grows



Addressing the issue of patents, Glyn Moody has just published a good summary of recent events/developments. In their light he explains why software patents haver become an absurdity.

Again, much kudos to Sun for (a) finding some prior art to invalidate the patent and (b) nobly sharing it with its rival, Red Hat, in a spirit of solidarity. But what this does reveal is that here we have not one but *two* companies being forced waste much effort and much money to get somebody's claimed intellectual monopoly struck down for the good of the free software (and non-free software) world. Wouldn't it have been better if the patent had never been awarded in the first place?

[...]

What's particularly heartening is that those words appeared in the Wall Street Journal, hardly a bunch of sandal-wearing hippies. And the number of respected voices joining in is starting to increase. Here's what Professor Joseph Stiglitz, a 2001 Nobel Laureate in Economics, had to say on the subject:

Patent monopolies are believed to drive innovation but they actually impede the pace of science and innovation, Stiglitz said. The current “patent thicket,” in which anyone who writes a successful software programme is sued for alleged patent infringement, highlights the current IP system’s failure to encourage innovation, he said.


The same type of opposition comes in the form of an entire book, aptly titled "Patent Failure".

Bessen and Meurer propose requiring that applications for software patents be required to describe their inventions in greater detail (known as "enablement" in patent jargon). They express sympathy for a formal prohibition on software patents, but ultimately do not endorse that reform out of fears that defining software patents would prove too difficult.

Reading Patent Failure makes two things clear. First, the patent system is in desperate need of reform. Second, it is extremely complicated, and it is therefore difficult to predict the results of any given reform.


Crooked System



We previously wrote about the outrageously poor appointments of judges [1, 2], which enable companies with vested interests to affect the outcome of trials. This serious problem has finally gotten the attention of the US Congress.

Sure enough, a legislative fix is now on the way, in the form of H.R. 6362, sponsored by the chairman of the House IP committee, Howard Berman, D-CA. The bill will require the Secretary of Commerce to make these appointments in the future, together with the Director of the USPTO. It also creates a retroactive defense to any challenges of the 40-odd judges who were appointed "illegally," IPO Daily News reported on Friday.


For more examples of this problem, see this older article.

A US law professor has uncovered a constitutional flaw in appointing judges who decide patent appeals and disputes, which could undo thousands of patent decisions concerning claims worth billions of dollars.

The basic point John F. Duffy, who teaches at the George Washington University Law School, has raised does not appear to be in dispute. Since 2000, patent judges have been appointed by a government official without the constitutional power to do so.

“I actually ran it by a number of colleagues who teach administrative law and constitutional law,” Duffy said, recalling his own surprise at finding such a fundamental and important flaw. He thought he must be missing something. “No one thought it was a close question.”


The RIAA does this too, so there a similarity between obstruction of justice in patents and in copyrights. Here are a couple of fairly recent examples:

1. RIAA Hopes New Judge will Nab Sharers

Rather that directing the lawsuit at the same defendants as before, the RIAA directed it at John Doe (a defendant to be identified later), therefore obtaining a new judge ... who may not be so strict about the "making available" clauses.

Nice move, RIAA.


2. Chief RIAA Litigator Named Colorado Judge -- UPDATE

The Pirate Party of the United States took a different position. "Being the lead counsel in a multi-year campaign of extortion, pretexting, and sham litigation should not be rewarded with a seat in any court, except perhaps as a defendant," said the party's chairman, Andrew Norton.


CopyleftNone of this is too exceptional. Just watch what McCreevy did for Hollywood the other day. Let's face the fact that even the legal system can be quite corrupt. Can it be taken to court or would that be recursive?

“Did you know that there are more than 34,750 registered lobbyists in Washington, D.C., for just 435 representatives and 100 senators? That's 64 lobbyists for each congressperson.”

--CIO.com

Recent Techrights' Posts

Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
 
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day