Bonum Certa Men Certa

Patents Roundup: Food for Thought

AS WE HASTILY ACCUMULATE AND ORGANISE antitrust material (almost toiling), we find ourselves unable to keep up with the news, but here are some read-worthy items on intellectual monopolies, without particular emphasis on just software.

Philosophy





It is heartening to find more and more critics of our intellectual property regime, partly as a result of growing knowledge but more importantly, the growing critical reaction to the extreme excesses of the application of the law. A new voice for me is that of Dean Baker, co-director of the Center for Economic and Policy Research in Washington, DC. whose book, THE CONSERVATIVE NANNY STATE; How the Wealthy Use the Government to Stay Rich and Get Richer, is available for download on line link here under a Creative Commons license. The book is about much more than IP, as the subtitle indicates, but this review focuses on the IP issues Baker covers. He calls the chapter, "Bill Gates Welfare Mom: How Government Patent and Copyright Monopolies Enrich the Rich and Distort the Economy".

He begins by examining the richest man in the world, Bill Gates, and Microsoft, noting that it was not Gates hard work or brilliance, or the superiority of his software, but his government provided monopoly based on IP law that made him today's Croesus.




An anonymous reader called our attention to a comment reposting some fantastic thinking on the dangerous trend of believing we can own, sell or steal ideas.




Light at the end of the tunnel: Will tough times bring on boom times for patent acquirers?

That’s what Joff Wild concludes in another article on this subject. Here’s the equation: Recession equals (patent-owning) companies going out of business equals auctioning off of these assets as companies try to raise cash to pay creditors equals more opportunities to acquire patents (both from bankruptcies and solvent companies that want to raise cash).

While this may be a patent troll/NPE’s (Non-Practicing Entity) modus operandi for building up a portfolio, any company that develops and sells products, seeks new technologies, and is willing to spend cash can do the same. According to Wild, it’s a great way to save R&D time and money.

Yes, tough times can sink a business. But just like in any other enterprise, IP investors can look for the silver lining – opportunities to turn financial turmoil to financial success.


Patent Trolling





Things are not helped by a Commission that often seems to hold contradictory views on IP (although Commissioners are set t be replaced in June 2009). What could change things is if European leaders get the bit between their teeth, as the seemed to in 2007. With so many other things to worry about, however, you have to wonder whether there will be time for patents in 2009.




[I]t does look like the Federal Circuit is at least somewhat paying attention to this issue, and recently transferred a patent infringement lawsuit out of Marshall, Texas, to Ohio, after noting that Ohio was "far more convenient."


Reform Needed





While it's taken quite some time, the EFF has had considerable success with its project to bust ten awful patents. The latest is that the USPTO has agreed to re-examine a patent from Seer Systems involving online music.


"Patent busting is a waste of time: even when successful, it takes too long [...] Need root and branch reform, not rollback," writes Glyn Moody. The same goes for Linux Defenders [1, 2, 3, 4, 5, 6].

More about the case which we covered 2 days ago:



The last two years have seen plenty of patent litigation among storage companies, including a battle between Sun Microsystems and NetApp Inc. that is still ongoing. However, other patent lawsuits that have made a splash in the storage industry, such as Quantum’s suit against Riverbed, have been settled out of court or otherwise fizzled like this one. In the Sun case, at least one of the patents cited by NetApp in suing Sun has been taken off the table by the U.S. Patent and Trademark Office due to similar enforcement issues. So far the lawsuits are looking like key talking points for those who argue the patent system in general badly needs reform.


Overall, it's still a problematic situation.

"They [EPO examiners] claim that the organisation is decentralising and focusing on granting as many patents as possible to gain financially from fees generated."

—Expatica, European Patent Office staff on strike



Recent Techrights' Posts

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For those who have not followed our story
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Reprinted with permission from Daniel Pocock
Letter 'A' prohibited by Code of Conduct extremism
Reprinted with permission from Daniel Pocock
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Reprinted with permission from Daniel Pocock
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ABC, the American National Broadcaster, "Now Publishes Slop"
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"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
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Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
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Worse yet, the mainstream media spreads lies about it right now
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In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
Over at Tux Machines...
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IRC logs for Wednesday, March 18, 2026
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the basic facts (this has aged well, except the times/ages/numbers)
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Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
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coming from a generally RMS-friendly account
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Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
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What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
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Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
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LLM Slop With "Linux" in the Domain Names
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Reprinted with permission from Daniel Pocock
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Over at Tux Machines...
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