Bonum Certa Men Certa

Economics, Trolls, and Software Patentability Revisited

Patents Versus Economics or Patents Versus the Economy?



THIS is a continuing discussion about the patent crisis and what can be done to end it (end the broken system to end the crisis). Digital Majority found this new academic paper which explores the economic effects that patents in general may have, so it's worth a look.



Today one of the most controversial issues in economic policy is that of patent law. Is a patent just an extension of property rights to the realm of ideas? Or is it an unwarranted interference by the government into the rights of individuals who have purchased goods and services to use them as they see fit? Should the Western system of patents be extended worldwide? Or should we get rid of patents entirely? Is the patent system responsible for modern miracle drugs? Or is it to blame for the millions dying of HIV in Africa? Do patents lead to greater innovation and economic growth? Or do they kill the goose that lays the golden egg?

[...]

Even the modern controversy over the current effort of the Free Software Foundation to limit software patents through the General Public License Version 3 finds reflection in the earlier Cornwall experience. Familiar with the negative impact of the Watt patents on innovation, Cornwall mine engineers were reluctant to patent their inventions. From 1781 to 1852 Cornish residents took out a grand total of 15 patents on steam technology—against 994 patents on steam technology in all of England during that period. Will it surprise you to learn that the area with the fewest patents also was the area that contributed the most to the innovation and development of steam technology?


Companies are clearly complaining about the patent system, which is increasingly abused. Even large companies like Cisco are among the complainers.

Later in the day, the chief judge of the Federal Circuit Court of Appeals, which has jurisdiction over all patent appeals, said that neither Congress nor the executive branch should be actively involved in overhauling intellectual property.

[...]

Cisco Vice President Mallun Yen said that the number of patent lawsuits against the company has quadrupled over the past five years. “The patent system overvalues patents, particularly weak ones, and thereby suppresses innovation,” she said.

Yen disagreed with Peter N Detkin, founder and vice chairman of Intellectual Ventures, who attempted to recast the patent debate as one between big players, like Cisco and IBM, against individual inventors.

[...]

All panellists agreed, however, that the global patent marketplace had changed considerably since 2002-2003, in particular by the trend that Intellectual Ventures had pioneered by seeking to make the marketplace for patents more liquid. The panellists also agreed that more data about private licensing of intellectual property is necessary to help make the marketplace friction-free.


So Microsoft "pioneered" massive-scale trolling? Where can it pick up the trophy?

Linux Defenders Revisited



In this previous post about OIN and Linux Defenders (aka "let the little people play games and offer free labour to big corporations"), we covered some of the more glaring issues with the chosen approach. Here is the welcoming page and an associated page in OIN's Web site.

OIN is actively seeking to address problems that arise from patent trolls and industrial companies whose business models and behaviors are antagonistic to Linux and true innovation. If your company is being victimized by any entity seeking to assert its patent portfolio against Linux, please contact us so that we can aid you in your battle with these dark forces.


Yes, it says "dark forces" and shows an image only to be associated with children's cartoons. This is so corny that it's hardly even funny. It also requires the proprietary Flash plug-in. They market this thing as an anti-Microsoft initiative [1, 2].

IBM could assist more effectively by fighting software patents as a whole, but it relies too heavily on imaginary property that keeps its investors hopeful yet deluded.

There is a page in FFII's Web site which explains why IBM's approach is flawed. Basically, patent trolls are the key issue, the question of software patentability to be left aside.

Microsoft can 'proxify' its patents (hand them over to an aggressor) and harass Linux via a this proxy. There is nothing that OIN can do about it other than to denounce the system or the legitimacy of patents, including its own (Novell, by the way, is among the members of OIN).

It is very surprising that the SFLC supports this initiative [3] because they should invest their money in building a coalition against software patents, not waste their time trying to "finding prior art" in binary code. ⬆

___ 1. Consortium launches 'LinuxDefenders'

"Our activities by their very nature are a deterrent to Microsoft or any other company to engage in hostile action or rhetoric," he said. "We didn't acquire our existing patent portfolio by accident."


2. Linux, Open Source Get Patent Protection Program

"The open source community is getting an IP rights tool that will limit distractions created from organizations that like to play the FUD [fear, uncertainty, doubt] game," he said. "We enthusiastically encourage the Linux and open source communities to contribute to Linux Defenders."


3. Web site launched to safeguard against patent trolls

I guess the concern of patent trolling gives these companies a common enemy. The Linux Foundation and the Software Freedom Law Center are co-sponsoring this as well.


Piggy bank OIN

Comments

Recent Techrights' Posts

IRC is for Communities, Social Control Networks Are for Broligarchs (by Broligarchs)
Unlike Reddit, it's not a company
Intercontinental Brigading - Part XXXXVI - Attempts to Kill Critics
"Epstein contacted Cambridge academics about research funding"
NVIDIA Down About 30% in 5 Weeks, When Does the Media Call It "Bubble" Rather Than Frame It as Sex Scandal?
they'll find a way to blame "China"
 
Links 11/11/2026: Skydance Games and Boeing Hit By Layoffs, "Time Out for Timeouts"
Links for the day
JavaScript is the Problem, Not the Answer
Making the Web better is about making things better, not slapping more JavaScript 'walls' at it
Intercontinental Brigading - Part XXXXVII - "Making a False Complaint to Police is a Crime." (British Cops Aren't American Mercenaries)
"In the United Kingdom, the Foreign Enlistment Act 1819 and the Foreign Enlistment Act 1870 make it unlawful for British subjects to join the armed forces of any state warring with another state at peace with Britain."
The Label 'Anti-AI'
They make it sound like opposing plagiarism or cheating is an act of intolerance or hatred
Intolerance and Violence
Intolerance in the software world is not a new problem
António Campinos Hiding From Staff Amid Strikes, Won't Participate in Dialogue
They voted to continue striking until Christmas
Silent Layoffs at IBM (Rolling Layoffs), Now Curbs on H1B (Mostly Indian Applicants)
Little will change at IBM except the gravity (global distribution) of its workforce will go east
Links 11/11/2026: Moving from Proton to Posteo and "Floating in Space"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 10, 2026
IRC logs for Tuesday, November 10, 2026
Gemini Links 10/11/2026: Running, Tektronix, and "Smallnet Information Services Zig Port"
Links for the day
Corporations Don't Lose 2 Trillion Dollars in 'Value' Over a 'Dick Story', This is an Overvaluation and Belated Correction
Nvidia is down, down, down again
Links 10/11/2026: "50 Years of Project Censored" and NVIDIA's Collapse Continues
Links for the day
Surreal Times
NVIDIA's shares fell 27% in 5 weeks
Links 10/11/2026: "Jensen Huang Could Face $81 Billion Divorce Bill" and "Nvidia Shareholders sue Jensen Huang"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 09, 2026
IRC logs for Monday, November 09, 2026
Gemini Links 10/11/2026: Open Problem in Computer Science Due to Bloat and "Queueing Nine Hours for an iPhone"
Links for the day
“Losing Huang Would Introduce a Lot of Uncertainty"
Huang won't last much longer
GNU/Linux Rose to 6% as Laptop/Desktop Operating System in Azerbaijan
In the past two weeks the average measure as seen by Clownflare is 5.7%
Intercontinental Brigading - Part XXXXV - The Brand (and Reputation)
"Russell Brand sentenced to 10 years and six months for rape and sexual assault"
Microsoft Will Pay $11,742 USD for Workers to Leave
11 lakh Indian Rupees
Since Records Began 18 Months Ago, statCounter Saw Chatbot Usage Falling Sharply
Chatbots are not becoming more popular and the commercial world is having second thoughts
Losing Their 'Faith' in Slop
Are leather jackets becoming a "signal" of "cheating on the wife"?
Protestants at the EPO Fight On, Rising in Opposition to and Against Corruption, Also Against GAFAM
Don't say we didn't warn you...
Boosters of Non-reciprocal Licensing Are Just Trying to Cancel Richard Stallman (RMS) and His Baby, GNU
If only they liked freedom as much as they love Microsoft (or Microsoft's GitHub, which is proprietary and unsafe)
Gemini Links 09/11/2026: Zephyr, Wireless Planet, and Old E-mail
Links for the day
IBM: From Illegal NDAs to Illegal Secret Settlements (Money in Exchange for Promise Not to Sue)
Insiders also explain why RAs may come weeks from now [...] IBM has marked 40,000 workers it wishes to get rid of
When Some Footage Causes Your 'Company' to Lose Almost Half a Trillion Dollars in 'Value' in a Few Minutes Your Company is Fictionally Valued
stock slips 8% because the CEO cheats on the wife
Links 09/11/2026: 'Humanitarian' Putin Knocks 600,000 Civilians Off the Grid, Eminem’s Publisher Sues Suno
Links for the day
Like Crooked Politicians, The Register MS is Selling "Dinners" (Access, Sponsors)
Talk about "hey hi".
The Register MS is Not Objective Regarding "AI", It's Paid by Pushers of the Pyramid Scheme (including Nvidia)
Some time soon we'll name some companies that pay millions to The Register MS in order to cement their role in the house of cards (while it lasts)
GAFAM Moribund
A lot of what we say about Microsoft in respect to debt is equally applicable to the rest of GAFAM
NVIDIA as a Scam Company Run by Scammers Who Fake Demand for Their Waste of Energy (Subsidising GPU Sales for Use Cases That Don't Exist)
First they targeted gamers, then fake 'currencies' (which turned out to be a bust), now it's slop (obfuscation of plagiarism using brute force and fusion) [...] We're quite glad that Huang publicly broadcasts how untrustworthy he is
Links 09/11/2026: Nvidia CEO Jensen Huang Cheats on Wife With A Suspected Chinese Spy, "400,000 Russians Killed in Battle Since 2022 Invasion"
Links for the day
Zero Tolerance for Slop
very few sites that dabbled in slop ended up well off (for it)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 08, 2026
IRC logs for Sunday, November 08, 2026
Gemini Links 09/11/2026: "The Blue Wave Won't Save Us" and "Discoverability Is Only Solved If You Can Be Discovered"
Links for the day