Bonum Certa Men Certa

Patents Roundup: IBM/Dojo, Patent Punishments, and Europe's Race to Community(-Hostile) Patent

Dojo: Leave IBM Patents Alone



THE other day we wrote about IBM and Dojo, based on what Slashdot had published. It turns out that Slashdot was wrong and the Dojo community actually appreciates rather than worries about what IBM did.

It’s sad that Slashdot hasn’t, for a decade of coverage of IP issues, learned that licensing is harder than the zealots would have you believe and that malice isn’t always the intent of those who participate in communities with a commercial interest.

The good news here, of course, is that IBM is just as generous today toward the OSS and Dojo communities as they were yesterday. We have the legal documents to prove it.


Solutions That Won't Work



Steve Lake makes a proposition which he thinks would solve the conundrum of intellectual monopolies.

Another Simple Way to End the Patent Threat: Monetary Punishment and Rewards



This is a simple, yet novel way to end the patent threat to Linux, FOSS and generally anyone that the big corporations want to destroy or mess with. If you look at the patent fee schedule at the USPTO, you'll see that it's outrageously expensive to file a patent. This isn't a problem for the big guys with the big fat bankrolls, but it's bad for the little guy. For those too lazy to look at the link, the list essentially creates a picture of how badly you get nickeled and dimed to death every time you file a patent.

Interestingly enough, this can be used to the advantage of FOSS and Linux lovers the world over.

[...]

The fine would work something like this. First, the entire fine would be paid to the USPTO upon invalidation of the patent (Total fine should be the cost of the original application +50% extra), of which 5% would go to whoever successfully invalidated the patent, be it an examiner or an individual. In short, if you invalidated a patent that cost a company $100,000 to get approved, the total fine would be $150,000, of which you'd get $7500 for your efforts. (this same fee system could be applied to the first fine as well) Think of it this way, if they start offering bounties like this on invalidated patents, we would see two things. First, we'd see the death of one kind of patent troll, and the rise of another. Namely, a reverse patent troll. And who would these reverse patent trolls be?


There is an assumption here that patent holders deliberately obtain invalid patents, but the matter of fact is that even at Microsoft, employees are actively encouraged not to explore and study prior art, or else the legal consequences would be more severe. In other words, there is a lot of duplication out there because it's actively encouraged, but to fine for the practice would prove difficult, especially when the fined party is small and impoverished. If the patent system was created to incentivise invention and novelty, then it has lost sight of this purpose, but penalties are hardly the answer. Criminalisation rarely solves much, unlike prevention.

Europe Under Patent Siege



Digital Majority has found a couple of articles that serve as an update and warning about the EPO's lip services to Microsoft and its ilk.

From the Financial Times: Reform of Europe's patent system moves a step closer

Changes to Europe's costly and fragmented patent system have edged a step closer after EU industry ministers agreed formally to ask the European Court of Justice for its opinion on a potential overhaul.

Ministers, meeting in Brussels yesterday, said they would consult Europe's top court on the legality under EU law of introducing specialist courts to handle patent disputes along with a so-called "community patent".

The latter - which would be a single intellectual property right that would apply across Europe - has been an elusive goal for decades.


From the Guardian: EU states consult top court on patent litigation

European Union states agreed on Thursday to ask the bloc's top court whether draft plans to cut the cost of defending patents in a new system of courts would be compatible with EU law.


Suddenly they mind EU law?

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

--Marshall Phelps, Microsoft



Recent Techrights' Posts

Firefox in Trouble in the US, Down to Lowest Level in 20+ Years
more sites will stop or intentionally neglect Firefox support
Clownflare: More Than 1 in 5 Laptops or Desktops in El Salvador Run GNU/Linux or ChromeOS
Clownflare Radar reckons it's more like 20%+ now
Omarchy is Already Dying
Same as the life cycle of slopfarms
 
Clownflare Sees GNU/Linux at 16% Market Share on Desktops/Laptops in Tajikistan
in Tajikistan it seems like adoption of GNU/Linux is exceptionally high, based on a very large data set associated with Web access
The Demise of Social Control Media Continues
Entering (anew) social control media in 2026 seems foolish
SLAPP Censorship - Part 155 Out of 200: Throwing Stones in Houses Made of Glass
character-assassination-as-a-service
Gemini Links 20/08/2026: Planners, Pantsing, Vinylyssee
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 19, 2026
IRC logs for Wednesday, August 19, 2026
Gemini Links 19/08/2026: "Big Boost in Autonomy" and "Answer of E-Mail"
Links for the day
SLAPP Censorship - Part 154 Out of 200: Computer-Generated Legal Filings From Men Who Are Salaried by Mass Plagiarism Companies in Another Continent (America)
This isn't the behaviour of a moral person but of some sort of "crypto bro" or "slop bro"
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day