Bonum Certa Men Certa

Patents Roundup: New Studies Antagonise Intellectual Monopolies, Reform/Intervention Possible

"The genesis of this [patent trolling] idea was when I was at Microsoft. We had a problem with patent liability. All these people were coming to sue us or demand payment. And Bill (Gates) asked me to think about if there was a solution." —Nathan Myhrvold, WSJ: Transcript: Myhrvold of Intellectual Ventures



THIS is a quick rundown through developments which have potential to affect the playing field.

Government Intervention



Lincoln memorial
Lincoln memorial



The pro-software patents folks at IP Watchdog recognise the fact that the battle over patents is one that can determine the outcome in Freedom's triumph over proprietary oppression. The author also speaks about the role which the new president plays:

It has already come to light that President Obama is interested in moving the United States federal government away from proprietary software to open source solutions. I am not sure this ought to a top priority that is so important that it is on his mind during his first 48 hours in Office, but it is apparently ahead of a lot of things.

[...]

A little more than 21 months ago the United States Supreme Court issued its decision in Microsoft v. AT&T, but not much has been written about this decision, at least not when you compare it with the amount that has been written about the other patent decision that was issued the same day by the Supreme Court, namely the obviousness decision in KSR v. Teleflex. The lack of coverage for the Microsoft/AT&T case is no doubt at least in part due to the fact that KSR v. Teleflex was so highly anticipated, and completely jumbled the law on obviousness to a point where you cannot get a patent on an invention if you actually thought the invention would work.


In order to facilitate proliferation of Free software, Obama will also need to look into a serious patent reform and elimination of software patents -- a point that was stressed here:

Tech to Obama: Think patent reform



[...]

Repealing software patents could give a much-needed boost to the tech industry in troubled economic times. Software patents affect all developers, commercial vendors, and open source hobbyists alike. Patents restrict what functionality we can include in our applications, how our programs can interoperate, and how and where they can be deployed. In turn, this affects every computer user, by limiting features, raising prices, and slowing the pace of progress.


It seems as though things are changing gradually, but there will be barriers if the maximalists are being put in charge. It's a point that we raised some days ago.

DOJ Gets Another Copyright Cop



[...]

Among the tech community, there was some belief that the Obama administration understood some of the key issues, such as the damage done by draconian copyright laws -- and they had shown that with the way they went about running their campaign. However, there's an increasing realization that the techies on the campaign are entirely separate from the policy people now involved in the administration. First there was the appointment of one of the RIAA's top lawyers as associate attorney general, and now comes news that Neil MacBride, the BSA's antipiracy enforcer, has also been appointed to a high level role in the Justice Department.


Academic Intervention



Nature, which is a highly respected journal, has published a very important article. Despite the fact that it speaks of biology as an example, it argues against intellectual monopoly.

Abstract

A new survey shows scientists consider the proliferation of intellectual property protection to have a strongly negative effect on research.

Introduction

A system of intellectual property (IP) rights can encourage inventions by scientists and help promote the transformation of research achievements into marketed products. But associated restrictions on access can reduce utilization of inventions by other scientists. How is this trade-off working out in practice?


Here is the truth right from the horse's mouth:

A Patent-Holding Software Engineer Explains Why Software Patents Harm Innovation



It's no surprise that many technologists and engineers dislike software patents -- even as their company's execs and lawyers push them to get more patents. Stephen Kinsella highlights an anonymous comment from a software engineer who clearly works for IBM (though he doesn't come out and say that directly), where he explains how IBM actively encourage engineers to file for as many patents as possible (it rewards them with monetary bonuses).


There are other new findings and articles which make similar assertions. The following article even points a finger at IBM, claiming that the company's lust for patents is only providing ammunition to patent trolls. [via Digital Majority]

The reason patent trolling is so profitable is that over the last quarter century the courts have expanded patenting into new areas like software and business methods, and dramatically lowered the bar for receiving a patent. As a result, patents that would have been rejected 30 years ago (like this ridiculous patent on removing white space from database entries, which IBM received earlier this month) are now routinely approved by the Patent Office. As a result, patent trolls are able to buy up low-quality patents by the truckload. Even though the vast majority of the patents won’t survive legal challenges, defendants can’t take the chance that one of them might survive and force the firm into a 8- or 9-figure settlement.

Patent trolls make good poster children for the patent system’s dysfunctions, but focusing too much on them ignores the fact that abusing the patent system is a game played by large companies as well. For example, Verizon managed to extort tens of millions of dollars from Vonage to settle a lawsuit over an absurdly broad Internet telephony patent. Verizon, of course, isn’t a “patent troll,” but a competitor interested in hobbling an up-and-coming competitor. Any patent reform needs to address the Verizons of the world too, not just the NTPs.


Over at Glyn Moody's blog, there is proof that backlash against intellectual monopolies has proven effective.

This is extraordinary. It equates those who wish - legitimately - to minimise intellectual monopolies as the moral equivalents of counterfeiters. In other words, the intellectual monoplists seem to regard *any* threat to their fat-cat lifestyle as illegal, almost by definition.

The good news is that by identifying those against intellectual monopolies as this "second threat" on a par with counterfeiting is proof of just how successful we are becoming.


That's basically a way of saying that those who challenge bad laws or 'dare' to see them as illegitimate are now "criminals". It is a nice method for shielding broken laws that are often acquired by stakeholders and put in place not because of logic.

A positive adjustment is no rebellion; it's a simple case of striving to restore sanity, just as women needed to fight for equality and slaves needed to resist slavery in order for it to end. To suppress opposition is akin to banning organisation of labour unions. This characterises a broken democracy and deprivation of free speech.

For a little more context, worth seeing is this opinion piece from Mike Masnick.

One of our readers, Virginia, alerted us to a report concerning a gathering of US IP Attaches (basically, the US gov't's international copyright cops that we send around the world to try to enforce draconian IP policy), in which they spend most of the time complaining about how countries around the world don't agree with the US's view on intellectual property and are quick to ignore it when possible. In fact, those countries often don't even want to invite their US counterparts to meetings because they're "too aggressively pro-IP."


More here:

Nations ranging from Brazil to Brunei to Russia are failing to properly protect the intellectual property assets of US companies and others, and international organisations are not doing enough to stop it, seven IP attachés to the US Foreign and Commercial Service lamented recently.

Meanwhile, an industry group issued detailed recommendations for the incoming Obama administration’s changes to the US Patent and Trademark Office.


Other News



As further reading material on this broad subject, one might also consider:

1. CES: TiVo CEO sees end of legal fight as catalyst

TiVo Inc (TIVO.O) Chief Executive Tom Rogers hopes his next day in court will give him the legal leverage to sign new cable and satellite partnerships that can boost subscribers to its digital video recorder service.

New licensing agreements with operators in the U.S. and overseas may become easier to score, once TiVo puts behind a long battle with EchoStar and the Dish Network (DISH.O) satellite TV service.


2. TTB Technologies Files Patent Application

TTB Technologies announced it has filed a continuation patent application entitled "Electronic Advertising Device and Method of Using the Same," with claims covering methods of and devices for delivering entertainment services for free to individuals in exchange for the individuals providing identifying information and thereby displaying targeted advertisements based on the identifying information provided.


3. Vlingo’s CEO Fires Back at Nuance Over Patent Lawsuit—Says 'When they Couldn’t Win Yahoo’s Business, This Was Their Reaction

As soon as news broke Tuesday that Burlington, MA-based Nuance Communications was suing Harvard Square startup Vlingo for allegedly infringing one of Nuance’s speech-recognition patents, I requested an interview with Dave Grannan, Vlingo’s CEO. Grannan, who came to Vlingo from Nokia last year, has spent quite a bit of time with Xconomy in the past, talking about Vlingo’s speech-to-text technology and its deal with Yahoo, which is using the disputed software for its oneSearch with Voice mobile search service.


In summary, things are definitely happening. Not much has changed, but some things might change very slightly pretty soon. It is agreed among academics that intellectual monopolies are harmful, programmers do not want them, and the new administration in the United States probably requires their elimination in order to support a software reform at the very least.

Comments

Recent Techrights' Posts

So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
 
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day
GNU/Linux Exceeding 6% in Cape Verde
Windows is measured as down sharply
When It Comes to Health, Slop is a Flop and It Kills People
Chatbots will mostly die after many people die due to them
2026 Has Begun Well for GNU/Linux Users (and for Us)
A lot of the anti-Linux FUD we got accustomed to seeing some years ago became scarce
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026