Bonum Certa Men Certa

Patents Roundup: Microsoft, CSIRO, Patent Hawk, and “Corrupt, Malicious” EPO

"The European Patent Office is a corrupt, malicious organisation which should not exist."

--Richard Stallman



Summary: The latest news about patents (software in particular) that affect Free software

TT HAS BEEN a very busy week for patents, whose relevance is being questioned quite a lot these days. Mike Masnick took a look back at some of the recent developments when he wrote about the GPL FUD (lies even) from Microsoft's buddy, White & Case (White & Case subsequently intimidated an open source reporter). Masnick also commented on the Patently-O report which shows patent filings on the decline. We wrote about it earlier.



Considering the large number of bad patents that got through over the years, and the resulting flood of applications from others hoping to strike it rich by gaining monopolies on obvious ideas, it should be seen as a good thing that applications are finally dropping. If anything, we should be wondering why they're not dropping more. Patents were supposed to be given out in the rarest of circumstances, when other incentives weren't enough. Somewhere along the way, those who controlled the patent system seemed to forget this and lose their way.


Intellectual Monopolies Versus Microsoft



Microsoft realises that somehow it must elevate the price of its #1 competition (GNU/Linux) because it's going out of control. But by promoting software patents around the world Microsoft is also injuring itself. Consider this report from Bloomberg (same report here):

Microsoft Corp., the world’s largest software maker, settled a lawsuit with Australia’s science agency over a patent used for wireless local area networks.

Microsoft and the Commonwealth Scientific and Industrial Research Organisation, or CSIRO, didn’t disclose terms of the settlement in a filing April 10 in federal court in Tyler, Texas. CSIRO claimed Microsoft had been wrongfully using the patent, while the software maker sought a ruling of noninfringement for its networking wireless technology, which includes an adaptor for the Xbox video-game system.


There is also this slightly older one from Australia: US jury orders Microsoft to pay $500m to Australian inventor

Groklaw drew attention to this essay from Patent Hawk, adding that "it's a case that could test his theory, but considering Microsoft's lawyers will presumably argue for Bilski exclusion, it should be interesting."

Odom invented active tool groups, which Microsoft popularized with its Office 2007 Ribbon. In an ongoing licensing campaign, having previously filed suit against Microsoft and Autodesk, today Odom filed against 28 other infringers.

[...]

As an aside, punters who have commented that Odom's claims are Bilskied out don't know what they are talking about. The CAFC has been concerned about overreaching business method patents. Bilski required, for software patents, that claims transform the subject matter, and have tangibility (according to one interpretation), i.e., representational of non-computer existence. Odom's tool groups are like containers in a toolbox, and his claims alter the condition of those groups....As Patent Prospector readers already know, this entry is first person, written in the third person, as Gary Odom is aka Patent Hawk, patent technical consultant.


For some background about Patent Hawk, see this post from December. Additionally, Law.com has just published the article "Microsoft's IP Losses Don't Always Stick." It's about Microsoft's other confrontations.

The software company set the record when a San Diego jury ordered it to pay $1.53 billion for infringing on Alcatel-Lucent's patents for MP3 digital audio technology. It was hit for $512 million in another case with Alcatel-Lucent. And Eolas Technologies Inc. won a $521 million verdict against it.

But appeals courts have been kinder than juries to the software company. The $1.53 billion award was tossed last year . Microsoft appealed the $521 million verdict and ultimately settled with Eolas for $30.4 million in 2007. The $512 million award is currently on appeal. Fish & Richardson has represented Microsoft against Alcatel-Lucent in both cases, at trial and on appeal.

"Microsoft has certainly seen some large verdicts against it in the last few years," observed Stephen Akerley, a patent litigator with O'Melveny & Myers who wasn't involved with this week's case. "However, there are always appealable issues in these cases. And if you look back, Eolas ultimately settled, Alcatel-Lucent is still going on — it's impossible to tell where this case will end up."


Intellectual Monopolies Versus the Internet



IPJur has just dropped some bits of wisdom about how dying monopolies daemonise the Web with "piracy".

One important cornerstone for the proponents of that 'ancien regime' in this context is to promote the notion of piracy in conjunction with the Internet.


It's worth bearing it in mind after the Pirate Bay ruling. Will Google and Yahoo be sued next (for linking to potentially 'illegal' content)?

Richard Stallman: "The European Patent Office is a Corrupt, Malicious Organisation Which Should Not Exist"



The animals too will be suffering from Intellectual Monopolies, so the pigs -- literally -- took it to the streets along with their human representatives.

Stallman's participation in last week's protests has finally received some more coverage. We found two more articles:

i. Farmers, Politicians, Free Software Fans Demonstrate Against Patents

Stallman warned against the threat patents pose to free farming and free software engineering, and heavily criticised the EPO for its grant practice. He called it an “evil and malicious organisation” Europeans should try to get rid off and should in the first place try “to stop treating every EU institution as if it was sacred and inscrutable.”


ii. Richard Stallman, Farmers and the German CSU Party Unite Against Patents

Members of the Foundation for Free Information Infrastructure (FFII), the Piratenpartei (Pirate Party), Greenpeace, the Misereor Catholic organization, and farmers' unions against the European Patent Office (EPO) recently assembled at a rally in Munich, Germany. Demonstrators included Richard Stallman, who added his own testimonial to those united against the EPO.


These protests in Germany, which were last mentioned here and whose photos can be found here, will be remembered for quite some time. They were a smashing success.

“Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.

“One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”

--Richard Stallman



Recent Techrights' Posts

IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
Mass Layoffs at Microsoft, March 2026
When will the media properly investigate this?
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part IV - Escalating to Ministers, Explaining the Severity of These Matters
British Sovereignty at Stake
 
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026
Geminispace Continues to Grow
Geminispace Will Soon Have 5,000 Capsules
Very Little Slop About "Linux"
We hope to see slop eradicated by year's end
BBC Lied for Its Longtime Sponsor (Bribes for 15+ Years) Bill Epsteingate, in Effect Covering Up Sex Trafficking of Underage Girls
The state of the media is truly awful
Microsoft GitHub is Not Free Hosting and It Won't Last
Not for much longer [...] Microsoft is afraid to say that it is pulling the plug, but it seems inevitable
"The Lost Generation" Came Back, This Time Literally
Based on my limited experience with young people ("alphas"), they're lost
IBM is Not Likely to Survive Another Decade
Despite having already survived over a century [...] Last week we saw claims that some company would likely acquire IBM for its remaining assets
IBM Has Just Been Sued Again by Its Own Staff (This Time a Manager, Stephen P. Gutierrez)
IBM's behaviour towards its staff can prove costly
When a Company Says Its Layoffs are "Due to AI" Check the Debt (Typically the Real Reason for Mass Layoffs)
The mass layoffs at Microsoft continue, but Microsoft hides those in some of the same ways IBM does
Doing More With Less
primacy of concepts rather than bells and whistles
Andy and Helen in Cybershow on Divesting From the United States' Technology and Politics
It is no longer considered a taboo to say this and it's not "anti-American" because many Americans can relate to and agree with such criticism
Links 10/03/2026: "GEMA v. Suno Copyright Case" and "Valve Faces PRS Lawsuit Over Allegedly Unlicensed Steam Music"
Links for the day
Gemini Links 10/03/2026: Woods in UK, Slop Laziness, and "Small Technology and Small Economic"
Links for the day
Garrett Announces LibreLocal Instance in Northampton, Massachusetts (USA)
his message was the only one last month
Microsofters' SLAPP Censorship - Part 8 Out of 200: Gross Misuse of UKGDPR to Protect the Agenda of American Back Doors (Mass Surveillance)
Responding to bunk claims regarding UKGDPR and claims of 'analytics' in our sites
Links 10/03/2026: Oil Prices Rising, South Korean/US Military Assets Redirected
Links for the day
Links 10/03/2026: Rust Rewrites by Slop "20,171 Times Slower", "You MUST Review LLM-generated Code"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 09, 2026
IRC logs for Monday, March 09, 2026
Attacks on Techrights Make Techrights Stronger and Attract More Whistleblowers to Techrights
The harder they attack us, the more productive we become
The Register MS Has Just Taken Money From Google (Where the Former Chief Editor Now Works) for Femmewashing and Ponzi Scheme Promotion
now The Register MS not only promotes a Ponzi scheme but also bags money to pretend Google respects women
People at IBM Are Still Smart Enough to Understand What's Really Going on
"I would never refer someone to work at IBM that I liked! I hope all of you have reviewed IBM on Glassdoor."
European Patent Office (EPO) to "Eventually Eliminate the Tasks Performed by Formalities Officers"; EPO Run by People Without Experience in Patents
full paper
RMS is 73 Next Week
Richard Matthew Stallman (RMS) turns 73 exactly 7 days from now
Iran & FSFE: blackmailing women, from football to the French Government (CNIL)
Reprinted with permission from Daniel Pocock
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part III - Very Strong Legal Basis for an Appeal
The case is now being escalated to a Foreign Secretary and former Deputy Prime Minister
Police investigations, lawsuits & Debian leader election candidate shortage
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) Has Defeated Cancel Culture, a Mostly American Phenomenon
RMS is talking now
No Slop Found in RSS Feeds, Only in Google News
No slopfarm will survive for very long, certainly it'll go bust as soon as readers (if it had any) know what it is
Links 09/03/2026: Many Security Breaches and a Pandemic of Censorship
Links for the day
People Who Work or Worked at IBM Hate It
bluewashing is only the first step
Richard Stallman (RMS) Talks in 30 Minutes, Next Stop Bern (Last Stop)
We assume he'll travel back to Boston after that
IBM's Fedora as a Booster of Slop Disguised as Code or Computer Programs
Maybe we should also stop seeing a doctor and instead ask chatbots about symptoms?
Richard Stallman (RMS) Talk Five Hours From Now
there is growing recognition for what he really did for everybody
What the Solicitors Regulation Authority (SRA) and Action Fraud UK Have in Common
Don't let London become the world's "crime capital"
EPO Strike 10 Days From Now, Planning Assembly Tomorrow, Last Couple of Strikes Had High Participation Rates (1,500-1,600 Staff Went on Strike)
The next strike is in 10 days' time and then there will be another strike
Dr. Andy Farnell on How GAFAM, NVIDIA and Others Lie to People Via the Sponsored Media to Prop Up Lies Under the Guise of "AI"
Lots of key aspects are covered
Links 09/03/2026: GAFAM Outsourcing, "MAGA Political Meddling" in EU, Indonesia Bans Social Control Media for Children Under 16
Links for the day
Using Slop (and Slop in Articles) to Attack Copyleft 'on Budget'
This article is pure BS from an anti-GPL and anti-RMS 'activist'
Why The Register MS Sold Out to Microsoft: They're Losing Lots of Money, The Register MS is Bleeding to Death, Based on Its Own Financial Records
With over 6 million pounds in debt (nearly 10 million US dollars) we guess it's likely some other company will take over the site (if it deems it worthwhile)
Microsofters' SLAPP Censorship - Part 7 Out of 200: Like With the Serial Strangler From Microsoft, Misuse of UK-GDPR to Try to Hide Embarrassing Facts
They do and say really bad things, then allege it's a "privacy violation" to mention those things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 08, 2026
IRC logs for Sunday, March 08, 2026
Gemini Links 09/03/2026: Exponentials and Tailscale
Links for the day
Sloppyleft
Article by Alexandre Oliva