Bonum Certa Men Certa

General Electric Healthcare Calls Patent Trolling “Extortion” (Plus Other Patent News)

Cash grab



Summary: Roundup of news about software patents, trolls, and ambush

SOFTWARE PATENTS are a hot topic at the moment because they may either vanish or invade more countries. They are probably the last obstacle for Free software to clear and they seem also like Microsoft's last resort. Here is a particularly good comment on the subject: [via Digital Majority]

Such a set of instructions is an algorithm, so such a patent could fit some people's definition of a "software patent". Of course, you could try to respond to this by defining software as a set of instructions to be performed by a programmable computer. But this overlooks the problem that most technical processes nowadays are computer-controlled. Again, you could try (as some FFII-backed MEPs did during the CII patents directive debate) to restrict patentability to only those technical processes which make use of "forces of nature". The first trouble here is that even "pure software" makes use of "forces of nature" within the microprocessor. Even marketing processes make use of forces of nature governing our brains. So this could become quite a meaningless restriction, and even if it was applied restrictively it would leave, for instance, sound or image processing methods in a grey area. The current approach of the EPO's Boards of Appeal, which is confirmed by the judges of most EPO states, is that for a computer program to be patentable there must be a "technical effect" going "beyond the normal physical interactions between the program and the computer". It is an interpretation which of course leaves a lot of room for debate, but do you have a better alternative? Of course, considering how difficult it is to pin down what a "software patent" actually is, it is difficult to avoid that other debate: why bother? why shouldn't pure software be patentable? what's so special about it in comparison to other areas of technology?


Andre from the FFII has just taken a look at Google's approach to patenting:

And for my field of special interest, patents and standards, yet another patent license text:



Patent License Subject to the terms and conditions of this License, Google and its affiliates hereby grant to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this License) patent license for patents necessarily infringed by implementation of this specification. If you institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the implementation of the specification constitutes direct or contributory patent infringement, then any patent licenses for the specification granted to you under this License shall terminate as of the date such litigation is filed.



There are reasons to believe that the patent system is deficient for more than just software patents as a reason. There are also business method patents at stake, not to mention the fact that there are patent trolls. Here is a new roundup of some of their activity in Texas:

Klausner alleges that six defendant companies are infringing the '576 Patent. The defendants are Qwest, Yahoo, Panasonic, Ribbit Corp., SpinVox and ooma.

The plaintiff also alleges that all the defendants, with the exception of SpinVox, have infringed the '818 Patent.


Klausner is a patent troll that we wrote about many times before [1, 2, 3, 4, 5, 6, 7]. Even a lobbyist for software patents calls what the likes of Klausner are doing "extortion".

“This is a huge problem for companies like ours,” said David Bates, intellectual property counsel for GE Healthcare. “It’s extortion, and we do face (these problems) on a regular basis, and because of the way the system is set up we can’t possibly keep up


Top up this contemporary patent mess with some malicious patent ambush such as Rambus'. Here is a new report on the subject.

Nvidia said Tuesday the US Patent and Trademark Office has initially rejected 41 claims by Rambus that accuse the graphics chip maker of aping its memory controller tech without paying.

The 41 jilted claims relate to seven of the nine patents Rambus alleges have been infringed by Nvidia. The IP-only memory company filed a formal complaint with the US International Trade Commission in November 2008 requesting an investigation it hopes will lead to barring of certain Nvidia kit if royalties or settlement money isn't slipped its way.


Even businesses with real products can be patent aggressors (and offenders), so this is not a problem that elimination of trolls alone would resolve. Scope of patenting and purpose must be revisited to ultimately make economical and ethical sense. Sanity can be restored. Some patents kill people [1, 2].

Recent Techrights' Posts

Red Hat: Thank You, Microsoft. Here's Your Paid-for Puff Pieces From Our Media Partner!
Sort of like "money laundering" (or funnelling of bribes) for bribed "journalists"
Links 13/12/2024: Military Buildup Around Taiwan, More Health Problems Associated With Social Control Media Illuminated
Links for the day
 
Linux is Becoming Non-free Software and the So-called 'Linux' Foundation Likes It That Way (It's Fronting for Companies That Violate the GPL, the Licence of Linux)
What's happening here is, they rip off people using their "stolen" (GPL-violating) product
No, Mr. "Journalist", You Might be Corrupt (But Denying It to Yourself and to Others to Pacify Your Consciousness)
"Journalists" like the label because it makes the job sound like an honourable profession and they're presumed objective
Stop Glorifying Murderers, They Aren't Helping Anybody
Murder isn't the solution. Murder is a problem.
Europe's "Manhattan Project" Should be Abandoning Microsoft, Moving Everything to Free (Libre) Software
At the moment, Microsoft draws much of its budget from taxpayers
Gemini Links 14/12/2024: Minor Thing About git and jujutsu
Links for the day
Links 14/12/2024: Adobe's Shares Collapse, Apple Publishes Fake News With LLMs
Links for the day
Links 14/12/2024: ChatGPT Down, Microsofter Bracing for Layoffs
Links for the day
Gemini Links 13/12/2024: Firing at Work, jujutsu, and Gemini Mode
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 13, 2024
IRC logs for Friday, December 13, 2024
Links 13/12/2024: British Journalism Awards and Censorship by Copyright Misuse
Links for the day
Gemini Links 13/12/2024: "Virtue Signaling", Gopher, HTML and the 90s Web Aesthetic
Links for the day
Maybe - and Hopefully - More News Sites Will Go "Static" (More New Material Published But Established Pages Served Directly From the File System)
Keeping things simple and light is important for the sake of scaling
[Meme] Vendor Capture for 'Civility's Sake'
"I CoCed him already"
[Teaser] The EPO is Still Calling Monopolies "Products"
Coming soon
Anonymity for Sources
At the moment we can learn about stories in person or in encrypted voice chat
What Topics We Prioritise
On fishing for topics to cover
Why We Cover the Topics That We've Long Focused on (by Choice)
We'll continue to cover suppressed issues because such issues are usually obstructed
[Meme] The Reasonable Man
"The reasonable man adapts himself to the world"
Oligarch-Owned Media Twists the Narrative and Demands More Surveillance
Corruption is the real issue here
Windows Falls to Single-Digit "Market Share" in Benin
Windows has fallen even further
[Meme] Doing Online Activism in Social Control Media
Dictators have always loved lists
Gemini Links 13/12/2024: Creative Moods, Berkeley DB, and More
Links for the day
Microsoft Windows Falls to New All-Time Low in Guatemala (Less Than a Quarter)
When it comes to operating systems, we don't think we've mentioned it before
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 12, 2024
IRC logs for Thursday, December 12, 2024
[Meme] Leave My /home Alone
A new version of Systemd
There's a New Version of Lagrange (Gemini Reader) and Its Developer is Making an IDE/Editor
I share or reciprocate almost anything I can through Gemini Protocol
International Troll Alert by Helen Plews
Helen Plews from Cybershow has this new article
Nick's Job at OSI: Promote Microsoft, Promote Proprietary Software
This is what Microsoft pays him to do
[Meme] Award-Winning Back-stabbing Opportunists
part of the rebel alliance
The FSF (Free Software Foundation, Inc.) Can Reach Its Funding Goal of $400,000. This Bothers the Imposters and Foes of the FSF.
Software Freedom is something we must perpetually fight for
Azerbaijan Rejects Microsoft
Azerbaijan seems to have very little interest in Microsoft
Linux Foundation Pays for LLM Slop (Puff Pieces Made by Bots) About the Linux Foundation
The so-called Linux Foundation is responsible for the production of spam and slop
[Meme] You Just Grab Him by the CoC
Sponsors of Python Software Foundation... "You don't like Python's corporate sponsor?"
Explaining What Deb Nicholson Does to the Python Software Foundation
Of course the OSI, which Nicholson also occupied, still helps Microsoft attack copyleft
IBM Said to Be Firing People Days Before Christmas
IBM is entering taboo territories
Microsoft Falls to Just 11% in Ivory Coast
Microsoft tried hard to catch up in mobile
General Consultative Committee (GCC) Meeting at the European Patent Office (EPO) Shows Existing Problems
the "real problems" and why "digitalisation" doesn't solve them
Links 12/12/2024: Shell Settles With Greenpeace, DOJ Whistleblower Pilot Program
Links for the day
Gemini Links 12/12/2024: AuraGem TV and Advent of Code 2024
Links for the day
Fake "Linux" News, Produced by Microsoft Chatbots in 'Brittany Day' or "LinuxSecurity" Clothing
She's back at it
Microsoft OSI Promoting GitHub, Which is Proprietary and a Massive GPL Violator
OSI works for Microsoft, speaks for Microsoft, promotes proprietary software
Links 12/12/2024: Another 'Self-driving' Cars Dead End, Infowars Sale Blocked by Court
Links for the day
Links 12/12/2024: "Hey Hi" Hype Debunked, ActivityPub and Gemini Software on Same Server
Links for the day
Google Has Only Solidified Its Search Monopoly in Africa Since Microsoft's Chatbot/LLM Hype Started
Africa is basically a "Failed Market" to Microsoft
[Teaser] EPO is Running Out of Brains
EPO has been in the business of offering fake patents
South Korea Has Its Own Alternative to IBM's Proprietary RHEL
Owing to the Open Enterprise Linux Association (OpenELA)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 11, 2024
IRC logs for Wednesday, December 11, 2024