Bonum Certa Men Certa

Patents Roundup: Bad, Destructive System; Microsoft and Apple Revisited

Summary: News about patents and patentors that affect GNU/Linux

Broken System



UNREST CAUSED by this broken patent system is beginning to be better realised as bubbles are bursting and real assets get appreciated more than paper. In regard to ownership of areas in mathematics (notably with software patents), SD Time reports that "experts mull changes to [the] software patent process" and Professor Moglen is among those who are quoted on the subject:



"These so-called patents grant ownership rights over ideas that have no reflection in the physical world other than 'I own the math,' " said Eben Moglen, founder of the Software Freedom Law Center and a professor of law at Columbia Law School. "If everyone goes looking for more in a game of phony real estate, hell will follow."


Moving on and looking elsewhere, we find even broader complaints that public knowledge is gradually being scooped up and privatised.

The phrase ‘or protection through established means’ is the most troubling, because it ignores of the decades old success of FOSS, Free Open Source Software, in the computer industry, and of the history of science itself which regarded knowledge as a commons, until the recent incursion of Thatcherite economics. Both of these are more far more ‘established’ than the recent American fad for software patents.


Destructive System



Like all broken systems (such as the banking industry nowadays), there are victims and it is not pleasant. Here is the end of one pointless never-ending fight where almost a billion dollars will be paid as a result.

The vicious fight between Broadcom and Qualcomm over patents has resulted in peace breaking out, worldwide.

[...]

Qualcomm will shell out $891 million to Broadcom over a four year period and the terms of the agreement are as follows.


It's becoming more than a national issue if and when, as The Economist suggests, a rising superpower like China mimics the behaviour seen abroad and starts suing companies across the border.

Chinese companies are enforcing patents against foreign firms

FOR over a decade Schneider Electric of France has bombarded a Chinese firm, Chint Group, with lawsuits accusing it of copying its technology. But the tables turned on April 15th when the two companies settled an infringement case—with the French firm forking over $23m to Chint. The rich settlement against a foreign firm is a landmark. It serves as a reminder that Chinese companies are just as eager to defend patents as Western firms, and that China’s intellectual-property regime has been tightened in recent years.


This is not the first time that The Economist warns about patent wars in China.

Microsoft



One of the pro-Microsoft bloggers -- one which InformationWeek employs to be precise -- is now arguing that Microsoft is falsely claiming "innovation" when in fact it's just a term that Microsoft executives are being tamed to recite.

Microsoft Product Improvement Is Not Innovation



[...]

Wow. To those who say that there are no Microsoft fans, the messages from my last blog entry prove you wrong. One of the complaints was my assertion that Microsoft does not innovate anymore; perhaps the problem is in the definition of that word. To me, slow but steady improvement in existing products and services isn't innovation, it's maintenance and support. Those are important things, no doubt, especially to existing customers, but they're not the same as innovation.


LinuxToday brought back the essay called "InNOTvators."

Episode one: Whatcha talkin' about, Vincent?

Vincent David's lonely quest to protect an innovative world from the clutches of free software.

News Item: Microsoft Platforms Group Vice President Jim Allchin says that Open Source software stifles innovation and threatens Intellectual Property.

The scene: A table for two at Dale's Dry Donut Deli, No Dunking Allowed, somewhere in lower left middle Montana, early, early morning. Across the table sits Vincent David, former Manager of Wildly Implausible Conspiracy Theories at Microsoft's Redmond HQ.


Microsoft's Friends



Not only Microsoft is trying to use software patents against its competition's right to exist. Blackboard, which was funded by Microsoft, is doing the same type of thing [1, 2, 3, 4, 5, 6, 7], but it has just suffered a setback:

In Preliminary Ruling, Patent Office Rejects Blackboard's Claims



[...]

Some observers say that even if Blackboard ultimately loses the patent battle, it will have succeeded in distracting and weakening its rival through the lengthy court proceedings.


Another ally of Microsoft is the British Library [1, 2]. A reader has just warned us that they too promote intellectual monopolies and he sent us the following photo to prove it (from 2007).

British Library



Apple



Apple may be portrayed as a "pirate" or even a victim at the moment, but Apple is to a large extent part of this problem. Right now it claims to have 'innovated' Web silencing because there is a patent filing.

Apple wants to give you the opportunity to selectively block web-based audio while allowing you to listen to any other audio source of your choosing.


The EFF is meanwhile assaulting Apple for antagonising customers' rights.

The operator of a wiki website has filed a federal lawsuit that accuses Apple of trying to squelch protected speech after it demanded the removal of posts discussing ways hobbyists can make iPods and iPhones work with software other than iTunes.


Apple -- like Microsoft -- has already used patents offensively against Linux or Linux-powered devices. Intimidation too is a form of aggression.

Recent Techrights' Posts

Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
 
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026
IBM's Senior VP of Infrastructure is Out, Silent Layoffs Still Going On
Some people imagine the CEO will also "retire" very soon (and "ahead of time")
Gemini Links 09/09/2026: Mechanical Cameras, "Super App", and Prusa Issues
Links for the day
SLAPP Censorship - Part 177 Out of 200: Manosphere Without Financial Transparency
It has moreover replaced a female worker with a male
Deadline Tomorrow (10th of September) to Appeal the EPO's Fleecing of Staff (Union to Make Legal Challenges)
Join them. Fight the good fight.
linuxstans.com Died, Then Came Back as Slop (LLM Junk)
Don't make the mistake or the assumption that merely 'dabbling in' or 'experimenting with' LLMs can be forgivable as it is a trust destroyer
Links 09/09/2026: GAFAM Fatalities in Miami International Airport, "Britain’s Health Crisis Is Becoming a Political Crisis"
Links for the day
Gemini Links 09/09/2026: "Adjective Is Subjective" and Walled Gardens
Links for the day
Plagiarism is Hardly a New Problem, It Predates Mainstream Media Getting Paid to Whitewash It as "Training" or "Hey Hi", Then Conflate Plagiarism With "Intelligence" or Deferred "Value"
"Quantum" isn't new either; it's a 'circle-jerk' for companies without direction, only hype
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026