Bonum Certa Men Certa

Patents Roundup: Microsoft|Myhrvold Trolls Fill Up Their Patent Basket

Patent troll
"I'm not a troll, damn it! I'm an innovator."



"On the same day that CA blasted SCO, Open Source evangelist Eric Raymond revealed a leaked email from SCO's strategic consultant Mike Anderer to their management. The email details how, surprise surprise, Microsoft has arranged virtually all of SCO's financing, hiding behind intermediaries like Baystar Capital."

--Bruce Perens



WORTH STARTING OFF WITH is the news most relevant to Free software. There are many signs suggesting that Microsoft gambles on patent trolling as a business strategy [1, 2, 3] and the following is new addition to a chain of evidence we accumulate for studying purposes. The Gates|Myhrvold ambition is secret no more and this 'axis' can be intercepted once it's better understood.

Nathan Myhrvold Now Capitalizing On Failed University Patent [Initiatives]



With so many university technology transfer offices losing money, IV has been going around and signing deals with universities. Basically, IV gives those tech transfer offices some money upfront, allowing IV to effectively add each university's patent pool to its own portfolio that it uses to go around demanding hundreds of millions of dollars from companies to "protect" them against any future lawsuits.


They seem to have already done this routine in India. There are different ways to approach this problem:



Bilski



Roughly reverse-chronologically, the Bilski case was previously mentioned in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33]. There are some new and noteworthy analyses of its impact on software patents, so these are included below for completeness and future references (mostly research in retrospect).

1. "Software Method Claims: Bilski in light of Benson

It is important to remember that the Supreme Court's decision in Gottschalk v. Benson is still controlling law. In that 1972 decision, the Supreme Court held unpatentable a method of converting a signal from "binary coded decimal" into "binary." The Benson method operates by using a "reentrant shift register" – a particular electronic memory circuit of the day. The rejected claim reads as follows:

[...]

Thus under Bilski/Benson, tying a software algorithm to particular computer hardware may well be unpatentable subject matter if the patent would still preclude all practical uses of the otherwise unpatentable algorithm.


2. Post-Bilski at the USPTO: Is the BPAI Looking to Create a 'Software Per Se' Exception?

The BPAI, acknowledging Bilski, stated that the claim did not recite patentable subject matter, as it was "directed to purely software components."


3. COMMENTARY: Business-Method Patents—Down But Not Out?

The case most often cited for opening the door to business-method patents is State Street Bank & Trust v. Signature Financial Group Inc., decided in 1998 by the same court. That case, however, involved a fairly complex computer program, and all the court really said was that the validity of the patent should not turn on whether the “subject matter does ‘business’ instead of something else.” Even the poster child of business-method patents, the Amazon “one-click” patent, which was in the patent pipeline well before State Street, involved software operating on a specially designed client-server system.


In addition to this, worth considering is this new essay on why software should not be patentable. It's a followup to that friendly Gene Quinn confrontation (amicable debate rather).

One final note with regards to Specific Description and that is a look at how it would work when applied to various assets. Take a car engine, no matter how much detail we put into describing it we never end up with a car engine. A text only book is a simple case, clearly you can write word for word the contents of the book and so therefore it fails the Specific Description test. Music, even a recording, can be respresented in a form which can be translated to give the recording itself. The same applies for imagery and therefore as a combination of the previous two movies. These are all things which have long been established as the domain of copyright law, not patent law. Suggesting perhaps the Specific Description test is similar to the thought processes of those who created patent and copyright law. There is something else very common in society which fails the Specific Description test. Software.


Let copyrights protect software developers. Mathematical recipes are a step too far in creating fences, which are not necessary.

GPLv3



The GNU GPLv3 gains acceptance



Another mechanism for defanging patent trolls is the GPLv3 and a new article explains the role it serves and its necessity.

Regardless of opinion on the merits of the new GPL, the fact is it's here--and likely here to stay.

In essence, copyleft is a complete reversal of traditional copyright values where the law sees software as a literary work under the Copyright, Designs and Patents Act 1988.

[...]

The result is a new version of the license that is much clearer in its scope and application. It also takes greater account of software patents. To prevent software owners using patents to impose additional terms on users, the license includes the use of any patents owned by copyright holders that fall within the scope of the software. The termination provisions are also made clearer and are now automatic instead of requiring a notice from a copyright holder.

[...]

Conversion from GPL version 2 to version 3 is increasing as existing open source applications seek to benefit from the improved certainty afforded by the new terms. That's not to say that version 2 is unenforceable, it will continue to exist and be used by those who prefer it, but version 2 and version 3 are incompatible. Thus a decision needs to be made by those organizations 'going open' as to how they would prefer their software to be made available--and soon.


OpenMoko Harassed by Philips, Facebook Sued



The OpenMoko situation was brought up in [1, 2] and LWN.net has some further discussion of interest. It illustrates aggressive action which is carried out by proxy (Sisvel in this case [1, 2, 3, 4, 5, 6, 7, 8, 9]).

On November 12, the OpenMoko project announced that all of its system images had been removed from the download server.


Facebook too has just been sued... by a patent troll in fact.

Leader Technologies, a provider of web-based enterprise software for groups, is apparently suing Facebook. It claims the popular social network is infringing on a patent it obtained in 2002, that “relates to a method and system for the management and storage of electronic information.” Facebook tells me it hasn’t seen the complaint yet, although Leader issued a press release earlier today saying that it has already filed the suit in Delaware.


This is also covered here and here. Will Facebook join the cause against software patents, despite its Microsoft slice?

USPTO: Shot in the Foot



Those in the mood for entertainment can take a glance at some of the newly-discovered 'innovations' this patent office brings to our world (and virtual world too):

1. The Rocky Legal Landscape of Virtual Worlds, Part 2: Patents

For example, U.S. Patent No. 6,935,954, owned by Nintendo of America is directed to a sanity system for a computer game whereby events in the game affect a character's sanity, which in turn affects the ability of a user to control the character. This sanity system appears suitable for any single or multiplayer game in which characters encounter scary situations.


2. McDonald's Sandwich Patent

And don't miss the flowchart that explains how to make a sandwich.


You can't make this stuff up!

On the grill
"We're sorry, sir. Your BBQ party is over.
Your cooking infringes on patents."



Recent Techrights' Posts

RMS Was Right 35 Years Ago
Stallman’s viewpoints have remained the same
Fedora is IBM and There's Hardly Any Community Left
It's more like an onboarding mechanism for unpaid labour at (and for) IBM
 
The "Alicante Mafia" - Part XVI - The Associates of Mr. Cocainegate Don't Want to Talk About Cocainegate (Right of Reply)
Nobody wanted to talk about cocaine at the EPO
The "Open Source" (Corporate Openwashing) Fake Community Rejects Democracy, Open Source Initiative is in Effect Dead
This is basically the end of the OSI
Cracks and Holes in Microsoft's Slop Bubble (Also, Windows is Declining)
"More Bad News For Xbox As Microsoft Blames Gaming For An Annual Decline In Its PC Business"
Microsoft's Debt Exploded by More Than 20 Billion Dollars This Past Year, Says Microsoft
Expect more mass layoffs
Strike at the EPO Today
Next month we'll start a new EPO series
State of the Slop and The Register MS Runs Ads as 'Articles'
Yesterday we could not find much slop about "Linux"
Gemini Links 30/01/2026: Announcing Crossyword and SYN Attack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 29, 2026
IRC logs for Thursday, January 29, 2026
Gemini Links 29/01/2026: Naps, Letting Go, and Terribly Cold Weather
Links for the day
Links 29/01/2026: Kennedy Center Officials Resigning and Amazon to Cut 16,000 Jobs
Links for the day
Goodbyes to Red Hat and IBM
PIPs let them do the same with less "wasted" on severance or with obscene narrative-shaping
The Need to Understand the Projection Tactics Against RMS
There's an old and common saying (or "wisdom") about who's guilty when there's a fart in elevators (lifts)
Links 29/01/2026: Neocities Is Blocked by Microsoft, “Intellectual Freedom Centers” as the New "Intelligent Design"
Links for the day
Microsoft XBox Dying Not Only as a Console, Reveals Microsoft
Microsoft is trying to rebrand or repurpose the brand
Don't be Mistaken, Microsoft Boasts About Money That Does Not Exist and Revenue (Buying From Oneself!) Is Not Income
the company's debt grew
IBM's Financial Performance in IBM's Own Words: Money Down, Debt Up Sharply
IBM isn't a healthy company
In Dominica, GNU/Linux Has Risen to All-Time High in 2026
a lot of America is moving to Free software this year
The "Alicante Mafia" - Part XV - EPO is on Strike Tomorrow, Lots to be Angry About (Except Money)
We'll soon finish the series
Gemini Links 29/01/2026: "Lady Audley's Secret" and "The Value Of Our Fear" (Carney's Speech)
Links for the day
Emmanuel Macron on Europe's GAFAM Addiction/Dependence: "There is No Such Thing as Happy Vassalage"
Microsoft has long worked to prevent commodification
It's Official, Mass Layoffs at IBM Again (2026)
In a matter of days we'll just see how much IBM's debt has grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 28, 2026
IRC logs for Wednesday, January 28, 2026
Laos and Microsoft: About 10% Windows, 0% Bing
There are many more nations like it
EPO Technical Meetings Show no Breakthroughs, a Strike Goes Ahead This Friday
Apparently there was another (fourth) meeting today [...] The industrial actions are working already
Google News as the Sole Source of Slop About "Linux", a Feeder of Slopfarms or Serial Sloppers
At least it's no longer hard to 'contain' the slop problem, knowing which domains are the culprits and seeing that Google is their main 'feeder'
IBM to Announce 'Results' Shortly, Expect Lots of Chaff Like "Quantum" and "Hey Hi" (Nothing Material to Show)
We're still seeing layoffs and an exodus
Links 28/01/2026: ChatGPT Has Financial Problems, White House Sharing Fakes (or Deepfakes) in Official Accounts/Sites
Links for the day
Gemini Links 28/01/2026: FlatCube NES Port Finished and "Why I Still Write on the Small Web in 2026"
Links for the day
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026