Bonum Certa Men Certa

Patents Roundup: Red Hat, Former USPTO Commissioner on Patent Demise, and WIPO Notes

Red Hat Revisited



AMIDST AND DESPITE some AMQP controversy [1, 2, 3, 4, 5], Red Hat is inviting people to join an AMQP Conference at the University of California. AMQP made the headlines recently because of software patents that Red Hat obtained in this area.



Regarding the question "did Red Hat lobby for, or against software patents in Europe?" says Simon Phipps from Sun:

Against. I was there & saw it.


"Correct," says one person from the FFII, "RedHat was always the most supportive company. Sun itself was more in a transition but they were able to defend the Article 6a."

This is not a resolved issue yet, but Red Hat's competitors have reasons for skepticism. It makes sense to weigh both sides of this debate.

Bruce Lehman Predicts the Demise of Patents?



A very interesting article that Groklaw has just found states that "Lehman predicts IP will be sidelined under Obama."

“The age of IP rights being at the forefront of American trade policy is over”, according to former USPTO commissioner Bruce Lehman


What does this mean (the full article requires a subscription)? That things would remain unchanged? That patents would be abolished? The latter is improbable given the source of this tidbit, but then again, he is the former commissioner, not the existing one, so perhaps he saw some ugliness inside and foresaw bad things to come. More here:

As the news about ACTA gets nastier and publishers push to recapture publically funded research, there's some fresh air from former USPTO Commissioner, Bruce Lehman regarding "intellectual property" and US trade policy:

[During Lehman's tenure at the USPTO] TRIPs Agreement was finalised, the DMCA passed into law and WIPOs two copyright treaties were developed. Lehman said that there was a widespread perception among Democrats that the US lowered its trade barriers in 1994 in the expectation that it would be able to switch to exporting high-tech products but, because IP protection remains poor in many countries, it hasnt been able to do this. "The bargain we thought we made in 1994 hasnt worked out as we expected," he said [and predicted IP would be sidelined by the Obama administration].



The UK-IPO is meanwhile teaching children not to share, which is an utterly poor strategy for development because only in collaboration will development thrive. Just watch how Wikipedia crushed Microsoft this month.

The Intellectual Property Office-backed exhibit will also feature some of the first ever patented inventions from the Science Museum's own collection.

Unsurprisingly, the IPO is heavily pushing for youngsters to appreciate ownership, creativity and innovation as well as highlighting what "financial rewards" inventors can expect to receive.


Microsoft actually plays a big role in brainwashing British children in favour of intellectual monopolies. Similar moves are spotted elsewhere in the world and Microsoft told its investors in a quarterly filing that it intends to carry on doing this. It's about mind control and changing of rules. Microsoft is trying to turn back the clock and restore dying revenue paradigms with imaginary property in an age of broadband.

The farce which is the patent reform (in its current form) is facing resistance based on this report from Reuters while Glyn Moody revisits the "Patent Failure" meme.

Leading senators in the battle over patent reform urged stakeholders on Thursday to reach some sort of compromise that would allow a balanced overhaul of the patent system to win approval.


Why not just scrap it?

The net effect is that patents take away from the knowledge commons, without giving back even the paltry payment they owe. Add it to the (long) list of why patents fail.


Our list here in Boycott Novell is very long and we shall organise this in a Wiki one day.

Novell plate



WIPO



FSFE was seen addressing WIPO's problems the other day. Georg Greve made it into a lot of press in the patents-oriented Web sites. His own notes contain some good conclusions.

As also highlighted in FSFE’s interventions, these criteria allow for an assessment of the usefulness of the patent system for each individual area. It follows that areas in which these benefits do not materialise lack an economic rationale for patenting. An example for such an area is software, which had no innovative market failure prior to the introduction of patents, in which patents are useless for disclosure of new ideas, and in which legal counsels suggest that developers do not study patents in order to avoid claims of intentional infringement. So this study provides an analytical rationale behind statements such as the one by Bill Gates in 1991, which voices concern about the anti-innovative effect of patents in the field of software:

“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.”

Application of this rationale in the policy setting process would allow to assess which areas can benefit from patents, and where more innovation can be had by excluding an area from the patent system. In parallel to the “Berne three-step test” we have dubbed this the “three step test for inclusion in the patent system” in our oral intervention.


Here is a videocast of Greve.

The World Intellectual Property Organization (WIPO) Standing Committee on the Law of Patents discussed exceptions and limitations to patentability on 24 March. Intellectual Property Watch spoke with Georg Greve of the Free Software Foundation Europe about exceptions on patents and software.


More coverage can be found mostly in IP Watch's special coverage of the event:

i. Videocast: Georg Greve on Software Patents

The World Intellectual Property Organization (WIPO) Standing Committee on the Law of Patents discussed exceptions and limitations to patentability on 24 March. Intellectual Property Watch spoke with Georg Greve of the Free Software Foundation Europe about exceptions on patents and software.


ii. Concerns Voiced At WIPO Over Potential Conflicts Between IP And Standards

Government procurement could preference open or interoperable standards, said Latif. Binding obligations to disclose all relevant IP information on standards, as well as the involvement of competition authorities in work on standards to ensure anti-competitive practices are not used, could also help.

Ultimately, said Greve, increasing the transparency of the system is useful.


iii. WIPO Patent Committee To Consider Four New Reports, Global Challenges

iv. Concerns Voiced At WIPO Over Potential Conflicts Between IP And Standards

“Both patents and standards are instruments from the toolbox of innovation policy, but they are different instruments,” said Georg Greve of the Free Software Foundation Europe. “Patents,” he said, “are intended for private, personal use [while] standards are intended for public use.”

“They are diametrically opposed in practice… maximising one instrument invalidates the other,” he added.


v. Statement by the United States on patents and standards at WIPO patent committee

In the United States, antitrust enforcers seek to ensure that our markets are competitive by preventing agreements or mergers that create or increase market power, or unilateral actions that use existing market power to protect or expand a monopoly. Our focus is on preventing harm to the competitive process, not on ensuring competitors treat each other fairly. Therefore, we would strike the use of “fair” wherever it appears before “functioning of the market” and when it modifies “competition” or “market”.


Patently Bound to Fail



Here are a couple of patents one should definitely watch out for: [via Digital Majority]

i. Smith Micro Receives Patent For JPEG Compression Technology

Smith Micro Software, Inc. (Nasdaq: SMSI) today announced that it was issued U.S. Patent No. 7,502,514 "System and Method for Lossless Compression of Already Compressed Files" by the U.S Patent and Trademark Office. The new '514 patent extends to a system and method for losslessly compressing already compressed files including, but not limited to, archive files like ZIP, and media formats such as MP3 and JPEGs.


ii. IBM tries to patent offshoring

Two years ago, red-faced IBM executives ordered a patent application on offshoring jobs to be withdrawn. Last week it returned, more sophisticated than ever. The latest application, describes how to weigh various constraints, such as lack of a skilled workforce, against incentives such as tax breaks.


IBM is not much of a friend when it comes to software patents. IBM breeds them.

Disputes



There are a couple of new patent disputes which are worth attention. The first involves a monopoly abuser that bribes, colludes, and obstructs justice by destruction of evidence. That company is Intel and Nvidia retaliates with a counter suit against Intel, which attacked first.

Nvidia's very own Queen of hearts, CEO Jen-Hsun Huang, pouted and said, "Nvidia did not initiate this legal dispute," but added the firm had to defend itself and the rights it had negotiated for, "when we provided Intel access to our valuable patents."


This is also covered in:



The second case shows Oracle messing about with software patents, but none these relate to Unbreakable Linux (RHEL ripoff).

Oracle and telecom Alcatel-Lucent have settled a patent-related dispute, according to documents filed with the U.S. District Court for the Northern District of California.

"We reached an agreement that is satisfactory to both parties," Alcatel-Lucent spokeswoman Mary Ward said Monday. Terms of the agreement are confidential, she said.

[...]

The software vendor's suit centered on a number of Alcatel-Lucent products, including the OmniTouch My Messaging system and the 5350 XML Document Management Server, according to Oracle's original complaint.


This is also covered here. Alcatel-Lucent is just one example of a dying company that relies mostly on intellectual monopolies for survival. It has harassed Microsoft too [1, 2, 3, 4, 5].

Recent Techrights' Posts

Microsoft Trots Out Its Propaganda Agent Preston Gralla to Make It Sound Like Microsoft Breaks Up With China (Reality: Microsoft Got Dumped by China)
This discredits any publisher that plays along
SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
 
How Many Web Requests From "Linux"...
If one was to assert that "Linux == Android" or "Android == Linux" (it's not that simple), then "Linux" already accounts for about 30% of Web requests
An Explainer About Injunctions Done Wrong - Part I - Saving Money Where Money Cannot be Saved
Of course Garrett not being able to afford his own case is a key factor here
Links 25/08/2026: "U.S. Marines Cancel Drill With South Korea", "UK Prime Minister Burnham Arrives in Ukraine"
Links for the day
Not for the First Time This Week, Site Called "It's FOSS" is Promoting Software That is NOT FOSS (And It Knows It)
Is this an editorial choice? Advertising? What is it?
Gemini Links 25/08/2026: Geometry and FidoNet History, "Goodbye I2P and Yggdrasil, Welcome Telnet!"
Links for the day
Links 25/08/2026: Microsoft Salaries Leaked Again, "Oasis Photograph Sparks Copyright Lawsuit"
Links for the day
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day