Bonum Certa Men Certa

Patents Roundup: Better Days Ahead, Lawyer Ignorance/Greed Prevails

"...Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux."

--Larry Goldfarb, key investor in SCO



THERE ARE SEVERAL important developments around patents, but as the FFII had expected, several people showed up to express resistance to change. They object to the mending of the system or a much-needed reform, labeling it a "deform" instead.

Patents Kill Standards



Let us begin with this report about standards getting hobbled by patents. A misconception traveling around the Free software world is that being a standard means that patents are automagically annulled. Microsoft and its apologists use this pattern of disinformation to suggest that Mono and OOXML are safe to use. It could end up an ambush like this:

What A Shock: Another Wireless Standard Beset By Patent Problems



It's becoming such that news about another patent battle surrounding a new standard is barely newsworthy -- especially in the wireless space. Name the standard, and we can probably find someone claiming patents on it. There are still ongoing patent battles surrounding both WiFi and WiMax.


To those who think that OOXML is a done deal, <No>OOXML has some news.

The Dutch standard researcher asks: "Who pays for interoperability in public IT procurement?". Our site reproduces her letter sent by email to standard professionals.


Unrest lingers on.

re Bilski Limits Software Patents



It is with great pleasure that the FSF recently pronounced many software patents dead. Here is an analysis that's well structured.

Although the Bilski case doesn’t involve computer software, the implications for a software company may be enormous. Expect several immediate outcomes from this court decision –

- A “pure business method” patent claim is clearly not patentable. Such business method patent claims often set out broad, human-implemented type processes, without requiring the use of a computer.

- Software patents will need to be drafted very differently in the future to enhance the likelihood of the U.S. Patent Office agreeing to issue a software patent.

- Existing software patents may be challenged and attacked, particularly if the patent owner is trying to enforce rights against others.


Lawyers Fight for Software Patents?



Groklaw and Gene Quinn (patent lawyer) are exchanging arguments. Quinn wrote:

Groklaw is right about one thing for sure though, Microsoft filed an amicus brief asking that software and business method patents be curtailed. The trouble with this, however, is that Microsoft's motives were anything but pure and anything but intelligent. The fact that a major corporation would advocate a position that will ultimately lead to their demise is hardly newsworthy. Microsoft and the other members of the Coalition for Patent Fairness have taken the position that patents should provide weaker rights and be harder to get. While this is short sighted, it is also self serving. These technology companies get sued constantly and sometimes unfairly. As a result, much of what they support are measures aimed to curtail litigation where they are the defendant. The fact that the positions they take are significantly weakening their own intellectual property portfolios and will make it much easier for the next generation of mega-companies to supplant them as market leaders demonstrates that their position is not at all rational and is likely impulsive.


It's funny to see how lawyers perceive (or fail to understand) software. Quinn later wrote:

From a conceptual standpoint why not allow for software to be patented. What is the harm? I know many of you reading this have now gone into an apoplectic rage, but conceptually why should software be treated any differently? Isn’t the problem that patent offices, particularly the United States Patent Office, are increasingly doing a poor job of finding relevant prior art and weeding out what is new and non-obvious from what is old and obvious? If prosecution were more meaningful, what is the harm in granting software patents? I see none because there is none....

Software is not a mathematical equation, nor is it a mathematical language. How anyone who writes software or professes to understand software could argue to the contrary is beyond me. Do people who write software actually think they are sitting down and writing mathematical equations and stringing them together? It is absurd to have such a narrow view of software. When you write software you are trying to enable a device, such as a computer, to provide certain functionality given a certain stimulus. So you are writing instructions for a computer or other device and explaining how the computer or device needs to process information. You do not explain how to process information with mathematical equations.


Groklaw has amassed almost 600 responses to that. Change just won't stick without a fight from those who could exploit a dysfunctional and vulnerable patent system. There is also this members-only followup which states: "Keep in mind that while we feel Quinn doesn't comprehend math or software, he thinks you don't understand what patents protect.

"Here's his view. The code is not what receives the patent. The code can only receive a copyright. The code is not what is protected, it is the *functionality* that is protected. So if you write the code in a different way you could still be infringing a patent. The computer will read a series of 1s and 0s and will interpret these 1s and 0s. So what is really being sent to the computer is a stream of instructions, much like morse code. This code then explains on vs. off, or switches. It could not be argued that a unique series of switches is unpatentable subject matter, he points out, so why would something similar be unpatentable just because a computer is in the picture?"

Hope for Change



"Change" is the motto of the Obama campaign. Unlike McCain [1, 2, 3], Obama made promises regarding the patent system. According to the press, he faces tough challenges implementing this. [via Andy Updegrove]

[I]t seems unlikely that US IP policy will change significantly under the Obama administration. The pharmaceutical industry remains a powerful lobby in the United States regardless of which political party is in the White House and Congress, and the same goes for Hollywood and the entertainment industry. The technology sector, from information technology to biotechnology, contributes significantly to the US economy. The influence of these and other industries that rely heavily on patents, trademarks and copyright is due to one simple fact—IP is the largest export of the United States to the world.


There is also this from IP Watch.

The American Intellectual Property Law Association faces profound political, legislative and administrative challenges in coming months, new Executive Director Q. Todd Dickinson said in a 13 November interview in The Hague. Key among them are major changes at the United States Patent and Trademark Office (USPTO) in the new Obama administration, the fate of patent reform in the new US Congress, and the impact, if any, of the global economic downturn on patents, he said.


The EU-based Digital Majority has meanwhile provided this update about the European Union patent court. The full PDF [PDF] can be obtained too.

Delegations will find in Annex a Presidency working document containing a revised version of the Draft Agreement on the European Union Patent Court, for discussion at the meeting of the Intellectual Property (Patents) Working Party on 11 November 2008. This revised version takes account of the discussions in the Working Party on 24-25 July 2008 and on 11 September 2008 as well as of written comments submitted by delegations.


There are many eyes on the EPO at the moment, but it could take a long time for certainty regarding exclusion of software patents to be restored. EPO staff (pictured below) remains unhappy.

Software patents protest against EPO

Comments

Recent Techrights' Posts

IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026