Bonum Certa Men Certa

Patents Roundup: Disintegration, EU in a Limbo, Applecrosoft Patents and Scientists' Rebellion

The voice of dissent against intellectual monopolies is becoming too broad and loud to cover exhaustively and one site promptly contends that the system is broken, citing Techdirt among other sources that are like-minded.

I’ve been thinking a fair amount about software patents the last couple of weeks. Two weeks ago I attended a Brookings Institution conference that focused pretty heavily on the patent system. Since then, I’ve interviewed several sharp patent scholars in preparation for an article I’m working on. In those conversations, I noticed the same cultural gulf I blogged about on Techdirt last week. You might say that on the subject of software patents, lawyers are from Mars and programmers are from Venus.

[...]

So when a programmer thinks about software patents, he’s interested in improving the software industry. Given how screwed up software patents are, programmers often think the best solution would be not to have them at all. In contrast, when a patent lawyers thinks about software patents, he’s interested in fixing the patent system. Abolishing software patents looks like a horrible hack, because the flaws in the patent system that caused software patents to be so dysfunctional are probably plaguing other areas of patent law


Here is a new essay countering the perception that wealth is created by (intellectual) monopoly:

Let’s see how this works. Property rights are protected. Trade is free. People made useful stuff. People bought stuff and used it. They imitated and emulated each other and improved things step by step through investment, profit, and re-investment. That's all. All development since this great age of innovation that preceding software IP has built on this foundation of open-source material. Bill Gates: "If people had understood how patents would be granted when most of today's ideas were invented, and had taken out patents, the industry would be at a complete standstill today."


In Re Bilski [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] is noted for its already noticeable impact on weakening intellectual monopolies.

Software patents are increasingly being used like lottery tickets: If you file enough of them, you’ll eventually have the winning number for litigation. Information Protection and Authentication of Texas (IPAT) has sued a dozen computer makers and some software developers for allegedly violating two security related patents that it holds. IPAT filed a formal complaint in a south Florida district court last Thursday. Some of the defendants are Apple, Dell, HP and Lenovo. It has also separately filed suit against software makers including Microsoft and Symantec in a Texas court.


Further to that, another terrible patent potentially sees its death.

The PTO rejected all 20 patent claims over Internet subdomains held by a company called Hoshiko, which were used to bully sites like LiveJournal and Freehomepage.com and pursue litigation against larger companies like Google. The idea behind how to manage subdomains--domains hosted within larger domains, such as news.cnet.com--is too obvious to patent, the PTO ruled after the nonprofit Electronic Frontier Foundation requested the patent be re-examined.


Europe



Alison Brimelow



“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway."

--Marshall Phelps, Microsoft



In theory, the situation in Europe should be much better, but too many questions remain and the process of clarification is too slow and culmbersome, which leaves everyone involved in an almost-eternal state of uncertainty. Here is a little update regarding the important referral.

It was a full house at law firm Baker & McKenzie’s London office last night as they hosted an Intellectual Property Institute lecture from EPO President, Alison Brimelow, on the ‘Future of IP’.

Brimelow befriended the audience early on by recognising, and voicing frustration at, weaknesses in the patent system. Europe’s seeming inability to move forward with a Community patent and/or a single patent jurisdiction, and the global issue of the unnecessary duplication of work and the backlog it is helping to create, were at the fore. As Brimelow freely admitted, she has no radical proposals to offer. But she did insist that the future of the patent system is a subject that requires action rather than the wait and see attitude she said was favoured by many in the IP world. If those who work inside the IP system do not help shape the future, others will do it for them, Brimelow said.


It is still possible to play a role in the process. It remains likely and it's only natural to expect Microsoft's pressure groups to step up and intervene.

Interested parties have until the end of April to submit written statements to the EPO’s Enlarged Board of Appeal for the president’s referral on the patentability of computer programs

[...]

Given the controversy over the patenting of computer programs in recent years, a large number of submissions can be expected, from the software industry, legal professionals, trade associations and the open-source and anti-software patent communities.


There are still some ongoing attempts to further increase the damage by centralising and thus expanding the scope of litigation.

Disputes on the EPO patents are decided by national courts with the risk of multiple litigation. Consequently, the Council is working on a draft agreement to create a new European-wide jurisdiction. The agreement will be between the States wishing to ratify it and the EU itself.


The situation in the UK too is uncertain. We have been writing a lot about it recently and according to this, software patents are still being actively challenged, despite what Symbian did [1, 2].

Many observers saw the ruling as a rejection of the IPO's previous methods of judging software patent claims. The IPO has said, though, that it will continue to apply the Aerotel/Macrossan test to decide whether an invention qualifies for a patent.


Apple



Having threatened Palm for its highly anticipated Linux-based device, Apple claims to be "innovating" again.

Apple's 358-page patent application for their iPhone interface entitled Touch screen device, method, and graphical user interface for determining commands by applying heuristics has been approved after more than two years of review by the US Patent Office. [...] As Apple seems eager to defend their intellectual property, what will this mean to other touch developers?


Glyn Moody calls it "ridiculous", saying that he "was using a touch-screen HP 150 in the mid-1980s." Here are some more details.

Apple has been granted a patent for touchscreens and related technologies, many of which have been combined to make up the iPhone.


Microsoft



We've mentioned Microsoft's pay-as-you-go patent application in [1, 2, 3] and although it was rejected, it provided some insight into the sorts of Orwelian things Microsoft may have in mind.

All your data are us, and now your hardware too



If you thought that details of trusted computing were grim the patent to impose a charging structure on a PC’s hardware relative to software usage would tax the greatest genius of Jesuitical causitry. If you were impressed by the talents of now defunct investment bankers to leverage profit from packaged sub prime pyramid schemes then Microsoft’s wheeze would earn them a place on the board of Lehman Brothers.


Sharing is Better



Michael Geist has been combating a deformation of copyright law in Canada -- a move initiated by Hollywood and further propagated with Microsoft's help [1, 2]. Backed by this professor's view, argues Mike Masnick:

Scientists Feel That Patents Cause Significant Harm To Research

Michael Geist points us to a recent survey of scientists who say that IP protection has a negative impact on their research. It's greatly slowed down the ability to do research, as universities (thanks to the dreadful and damaging Bayh-Dole Act -- which has significantly hurt progress in scientific research) are trying to hoard anything that can be patented for the sake of profit, rather than scientific advancement. Of course, advancement doesn't work that way. It works through collaboration and sharing ideas -- and what patents do is add a huge bureaucracy to the process, encouraging secrecy, not sharing and hoarding, not collaboration. Once again, we're seeing that about the only folks who really truly benefit from patents are the lawyers.


Tim O'Reilly writes: "Dave Gray's Free The Facts presentation is a must-read, must-share for anyone who cares about either science or open access." Here is the presentation:



The Internet has proven to be a liberating force when it comes to rapid exchange of valuable knowledge. We'll be seeing plenty more of this in the future.

We feel privileged to be referenced by IPJur, which recognises our cause.

However, now it looks as if they are in serious trouble: The same reader also hinted me to a posting on the Boycott Novell blog which is dedicated to some kind of political agitation against Novell, Inc., because of the people behind this blog think that Novell has moved far too much towards an alliance with Microsoft.


Consent on this issue is unlikely to arrive from lawyers, but hope lies in the minds of managers, who ought to realise the technical impact of their decisions.

Comments

Recent Techrights' Posts

Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
 
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same
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%
So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
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
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
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
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
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