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

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