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

Hard to Find a Job After Working for Microsoft (Back Doors Giant, Bribery Hub)
It generally looks like people who chose to serve Microsoft's agenda don't end up too well
Altering Perceived Reality to Make It Seem Like Microsoft is Thriving, Not Failing
pretend XBox did not die
Confluent Insiders: IBM Laid Off 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
Where and How to Spot LLM Slop
Many people correctly perceive LLMs as a site's downfall, a step towards the abyss
Links 25/03/2026: Nations Return to Russian Oil and Burning Wood
Links for the day
 
The World Wide Bots
The shape of the Web is so bad that bots exceed humans in some places
Links 26/03/2026: Solicitors Regulation Authority (SRA) Closes 101 Law Firms in 2 Years, "Please Compensate the Work You Appreciate"
Links for the day
Regaining Software Freedom Means Regaining Control Over Programs That Run on Our Devices
Richard Stallman will speak in Italy
Microsoft Secure Boot Removes Users' Choice
Has Greenland banned Microsoft and 'secure' boot yet?
IBM Pushes Workers Out, It Does Not Count Them as "Layoffs"
The number of IBM layoffs can be as large as tens of thousands per year
Microsoft Lost 31% Of Its Alleged "Value" in Five Months, Then It Got Downgraded
In 2026 Microsoft focuses on keeping the layoffs silent
SLAPP Censorship - Part 24 Out of 200: The Failed Effort by Brett Wilson LLP to Strike Out My Lawsuit and My Wife's Lawsuit Against Garrett (the Master Allowed Our Lawsuits to Proceed)
This is lawfare
Official New Figures Show That Solicitors Regulation Authority (SRA) Sees Rise in Dishonesty Among Law Firms Forcibly Shut Down ('Euthanised' Due to Misconduct)
It's rather if in our little country as many as 16 law firms were found to be so dishonest that they needed to be shut down
Back to Normalcy
In our datacentre at least
IBM is "Increasing Its Temporary and Part-time Headcount" While Net Headcount Falls (Despite Buying Many Companies and Their Workforce)
Headcount is a rather superficial yardstick.
EPO Union Decides to Continue Industrial Actions, Next Strike in Four Days
The latest strike had the highest participation rate
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 25, 2026
IRC logs for Wednesday, March 25, 2026
Microsoft's "Silent Layoffs" in Slop Clothing
"AI-powered transformation" is just a euphemism for mass layoffs
Public Talk by Richard Stallman in Half a Day "at the Engineering and Architecture Campus of Cesena of the University of Bologna"
He'll probably attract a fairly large crowd
Gemini Links 26/03/2026: Buying a House, Stargazing, OFFLFIRSOCH 2026
Links for the day
Gemini Links 25/03/2026: Resisting Authoritarianism and Why Slop Needs to Go Away
Links for the day
Fedora Maintainer-ship Using Slop (Mistakes) Would Make Fedora Less Reliable
It won't produce reliable code or stable systems one can rely upon
IBM's "Legacy Employees" (Experienced Workers, IBM Management Dubs Them 'Dinobabies')
This notion of "legacy employees" seems like something overlapping with "expensive" (well paid) staff, even if not entirely equivalent
EPO's "Current Industrial Actions Are Likely to Intensify Further."
There is another strike in 5 days
This Morning The Register MS Published Slop Promotion With the Term "AI" 15 Times In It. The Register MS Was (As Usual) Paid to Do This
This is not a serious publisher
SLAPP Censorship - Part 23 Out of 200: We Were Right All Along (for 2 Years) About Third Party Funding and Willingness to 'Break the Bank' in Pursuit of "Revenge"
How much damage can a person do to oneself in pursuit of cover-up of legitimate technical concerns?
Gnome Foundation Inc is in Trouble
the agenda is set GAFAM and IBM rather than donors
Links 25/03/2026: Airports Further Militarised, "Slopification and Its Discontents", Microsoft 'Open' 'Hey Hi' Shutting Things Down
Links for the day
Gemini Links 25/03/2026: Blogging Fright and Absolutely Useless 'Apps' Made by Slop Machines
Links for the day
Rise in Energy Prices Will Significantly Accelerate the Death of So-called "AI Companies"
It should be noted that fake news about Microsoft OpenAI doubling workforce (mere words, not actions) can serve as a nice distraction from the death of Sora due to divestment
It's Always a Question of Trust
There's a widespread stigma of lawyers being manipulative and chronically dishonest
Solicitors Regulation Authority (SRA) Must More Carefully Investigate or Assess the Financial State of Law Firms in the UK
We'll cover this in depth in the future
GAFAM Mozilla Removes Theora Support, Now GNU Needs to Re-encode Videos
Mozilla used to mean something to Free software advocates
An Open Admission Profits Depend on Addiction
Proprietary software tends to be like this
IBM Americas President Ayman Antoun Comes to OpenText, Weeks Ahead the Mass Layoffs Begin
Is that what IBM will be good at?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 24, 2026
IRC logs for Tuesday, March 24, 2026
SLAPP Censorship - Part 22 Out of 200: When You Complain People Impersonate You in IRC (But You Yourself Impersonate People in IRC and Lock Them Out of Their IRC Handles)
We'll cover this with direct evidence some time soon
Gemini Links 24/03/2026: Junk Drawer Time Capsule and Building Outside Alire
Links for the day
Not Much LLM Slop About "Linux" Lately, It Only Ever Comes From the Same Few Sites
As long as only few such sites use LLM slop we can skip and avoid them
Links 24/03/2026: "Epic Lays Off Over 1000 Employees" and US in Financial Trouble According to the Fed
Links for the day
The "Media" Does Not Only 'Miss' Mass Layoffs
"The Treasury just declared the U.S. insolvent. The media missed it"
The Empty Suits of IBM Managers (NIH or "Nothing Invented Here")
IBM's management adopted the business model of parasites
2012: 'Secure' (Microsoft-Controlled) Boot Has Not (Yet) Been Made Obligatory. 2026: systemd Has Not Implemented Age Verification
should we stop calling "nazi" everyone we don't agree with?
More Threats (Including Physical Threats) Against Us Are a Dumb Move
It's like a "hit list" (targets list) and I shall keep the police duly informed
New Example of Pentagon in "Feminist" Clothing Inside Fake News of Publishers Paid to Promote Outsourcing to US ("Clown Computing") and American Slop
Google now pays money to promote Google as a friend of women
Hating Techrights is a Career
but is it good for civil society?
Dr. Stallman’s Work Will Never be Considered 'Mainstream' Because He Rejects and Works Against the So-called 'Mainstream'
Try to be more like Stallman
The New Layoffs: 'Silent Layoffs', 'Secret Layoffs', 'Quiet Layoffs', 'Passive Layoffs' 'Stealth Layoffs', and Unannounced Layoffs Disguised as Return-to-Office (RTO Mandates)
The US needs to revisit and fix the WARN Act
EPO "Cocaine Communication Manager" - Part IX - Cocaine Addicts in Charge of the EPO Attacking Families of EPO Staff
Things like being high-profile and being a serious drug addict aren't opposites
What Feminism in Science Means (Codes of Conduct Don't Tackle the Real Issues)
Universality matters, more so in a project or community that's said to build the "universal operating system" (Debian)
SLAPP Censorship - Part 21 Out of 200: It's About Behaviour Online, Not How Much Money From Shadowy Third Parties Gets Spent on Lawyers and Two Barristers
75+ KG of legal papers, 2 cases, 2 barristers (one hiding in the metadata) and maybe two law firms (also hiding in the metadata) against two modest people in Manchester seems disproportionate and vindicative
Links 24/03/2026: "Airports on ICE" and "Have You Paid Your “Intuit Tax”?"
Links for the day
Gemini Links 24/03/2026: Slop Interview and Why Slop Makes Lousy Code
Links for the day
Richard Stallman to Give Public Talk This Thursday at the University of Bologna (Italy)
Hardly the first time he speaks in Bologna
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 23, 2026
IRC logs for Monday, March 23, 2026