Bonum Certa Men Certa

Patents Roundup: Software Patents Seen as Harmful to Innovation, Tuxera Discussion Continues

Bright idea with clipping path
Lit when software patents are annulled.



Summary: Miscellaneous news and views about software patents

SOME interesting new articles have appeared which can be used as 'ammunition' against the false argument that patents promote innovation. The first one is this:

Yet Another Study Shows That Patents Lead To Sub-Optimal Innovation



[...]

A few months back, two professors, Andrew W. Torrance and Bill Tomlinson, published a paper on a simulation game they ran to test out some of these hypotheses. A bunch of folks submitted this back when it first came out, but I wanted to spend some time looking over the details before writing about it. Basically, Torrance and Tomlinson create a nice simulation system that really does a good job simulating the various models for innovation with patents or in a more collaborative world. And, what they found in the simulation they ran supports what has actually happened in the real world, according to the research we've discussed in the past:
These results indicate that current patent systems (that is, systems combining patent and open source protection for inventions) may generate significantly lower rates of innovation (p<0.05), productivity (p<0.001), and social utility (p<0.002) than does a commons system. This suggests that current patent systems may significantly deter, rather than spur, technological innovation compared to a commons system.
Specifically, the results compared three separate models: one where everything gets patented, one where it's a hybrid model with both patents and a common, and one that was pure commons. The results are pretty striking. In the pure commons (no patents) world, they ended up with more innovation, significantly greater productivity and massively more social utility.


Timothy B. Lee, a longtime critic of the patent system, also wrote the following essay:

The Case against Literary (and Software) Patents



[...]

Imagine the outcry if the courts were to legalize patents on English prose. Suddenly, you could get a "literary patent" on novels employing a particular kind of plot twist, on news stories using a particular interview technique, or on legal briefs using a particular style of argumentation. Publishing books, papers, or articles would expose authors to potential liability for patent infringement. To protect themselves, writers would be forced to send their work to a patent lawyer before publication and to re-write passages found to be infringing a literary patent.

[...]

The patent at issue in Bilski is not a software patent; it is a "business method" patent that claims a strategy for hedging against financial risk. But the case is being closely watched for its effects on the software patent issue. Patented business methods are often implemented in software; for example, a key decision on the patentability of software, State Street Bank v. Signature Financial Group, involved a software-implemented business method. And the standard articulated by the Federal Circuit in Bilski, known as the "machine-or-transformation test" has been used by the Patent Office in recent months to invalidate several software patents. The Supreme Court could ratify the Federal Circuit's mildly restrictive standard, or it could articulate its own standard that is either more or less restrictive of patents on software.

Reiterating that software cannot be patented would be a dramatic step, but it would be the right one. Supporters of software patents insist that barring software patents would be throwing the baby out with the bathwater. But it's not clear there was a baby in there to begin with. Empirical research suggests that software patents are dramatically less effective at promoting innovation than other categories of patents, producing more litigation and smaller revenues for innovators.


The Inquirer covered this too.

Most software companies infringe patents



[...]

In a report, Cato denizen Timothy Lee compared patents on software and business processes to patents on English prose.

[...]

Since patent protection was first extended to software in the 1980s, it is difficult or impossible to create any significant software without infringing one or more patents. With tens of thousands of new software patents granted every year, and no effective indexing method for software patents, there is no cost-effective way to determine which patents cover any piece of software.


Relating this to Free software and Linux, the latest major issue is to do with Tuxera [1, 2, 3, 4, 5]. One person raises the point that "There are numerous open source file systems available, why do they persist with FAT? it's a horrid file system to begin with."

Another person argues that "It will be interesting to see how MS will be stabbing these guys in the back, as they are wont to do."

Rainer Weikusat writes:

It has the technical advantage of being really simple-minded and that's something many people from the embedded swamp will be happy about, because this means they have some chances of understanding it. At the base of FAT sits a so-called 'ressource-map allocator' which is one of the oldest and most primitive memory management schemes in existence, And who would want to throw all this DOS-code away for as long as there is still somebody willing to buy it again? . After all, products are sold by devising innovative marketing strategies, especially since 'the customer' isn't going to understand anything about them anyway, not the least be- cause technical information is usually shot down by pointing out that anything requiring more thought than 'the cavemen interface' ("point&grunt", term coined by E. Moglen) is just to complicated for the average cavemen (who still spends a sizable amount of his time with roasting raw meat on open fires and trying to make sexually useful contacts while doing so).


In response to this, claims another commenter:

Yes, it appears most technology marketers take Scott Adams' advice and aim their products at the "Stupid Poor" market segment, with a view to eventually following Microsoft's lead and breaking into the "Stupid Rich." What I don't understand is why they get so annoyed when people from the other two market segments try to buy/use their products. Does the 'smart money' have a different exchange rate?


In a more reasonable market, the chosen file system would be something like ext3, which nobody claims (or enforces) patent rights over.

Recent Techrights' Posts

Torvalds Capitulated on Rust and Slop, Now He's Paying the Price
they are pushing Microsoft and slop for grifters and scammers
 
LinkedIn Layoffs at Microsoft: Probably Well More Than 5% of Staff
In short, it's difficult to believe only 5% are impacted
It's Not Just a Widespread Theory, It's Apparently a Verified Fact: Home Appliances Not Made to Last Long
Washing machine repair man asserts that the machines sold a decade ago could maybe last a decade; now they last barely 5 years.
Whistleblowers Needed: We Are Seeing Many Layoffs in Red Hat (Not Just in China), We Want to Know More
Last week we learned about some people who said they had left Red Hat or are leaving Red Hat
Links 19/05/2026: More Obituaries for Peter G. Neumann, Taiwan Abandoned by Cheeto House for Don's Personal Gain
Links for the day
Links 19/05/2026: Online 'Storage' (Surveillance) Accounts Lower Thresholds (Gmail, Google Drive, and Google Photos), Slop Debacles Expand (False Promises Made to Staff Regarding Compensation)
Links for the day
SLAPP Censorship - Part 81 Out of 200: SLAPP Censorship Does Not Work If Your Sole Strategy is Revenge (and You Attack the Family)
Both yours and others'
Techrights at 20 (Soon)
It does not seek popularity or affirmation from "Establishment" outlets
We Pay More for Less, for Things That Last Less Time and Are Almost Impossible to Repair
Ever noticed how "modern" or "smart" TVs come with dumber and dumber (worse) controllers?
Vista 11 Turns 5 in a Couple of Months. Not Many People Use It.
It is the only supported version of Windows; many people move elsewhere
Head of GitHub Recently Left, Microsoft Need No Longer Report Mass Layoffs There (User Activity is Declining)
We've long said that LinkedIn and GitHub, which Microsoft bought, would likely end up like Skype
The Slop Bubble is Already Bursting
Slop is not desirable and the general public is growingly impatient, seeing that slop has improved nothing for them
Gemini Links 19/05/2026: Reliable Old Tech, Collection of Essays
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXVII - European Patent Office (EPO) Became a "Toxic Work Environment" When Cocaine Addicts Put in Charge
They are putting at risk colleagues by abusing them
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 18, 2026
IRC logs for Monday, May 18, 2026
Links 18/05/2026: Slop-induced Shortages, Solicitors Regulation Authority Says It's Unable to Deal With Complaints Load (So Regulation Does Not Really Exist)
Links for the day
Gemini Links 18/05/2026: Ghost Essay and World Wide Web Considered Broken
Links for the day
Cooperation and Collaboration, on a More Personal Level
Rianne, to me, isn't just a wife; she is also my best friend
IBM Has Payroll Problems (Just Like Microsoft)
It's a good thing that many nations around the world are, accordingly if not proactively, divesting from GAFAM
Links 18/05/2026: 25 Years of OLDaily and Dangers of "Living With Too Much Tech"
Links for the day
Trips to London
London isn't a bad place, but it's a long journey and we'd rather stay in Manchester and write about technology
SLAPP Censorship - Part 80 Out of 200: Having Run Out of Time to Meet a Judge's Deadline, Microsoft's Graveley Had Garrett's Lawyers Argued My ~190-Page Defence and CounterClaim (DCC) Was Unclear About My Position
Nothing could be further from the truth
Working in the Shell (and Fish)
Yesterday we spent about 5 hours on the shells and fish
The Corrupt Lecture the Non-Corrupt - Part XXVI - Campinos Has Put Unfit-for-Employment Drug Addicts in Charge of the European Patent Office (EPO)
How many months has Campinos got left before the delegates show him the door?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 17, 2026
IRC logs for Sunday, May 17, 2026
Gemini Links 18/05/2026: Poetry, Sauna, and GNU Taler
Links for the day
"The Society of Media Lawyers" (UK) is a Truly Malicious Anti-Media Lobby Which Helps Rich/Abusive Americans and Hostile Countries Attack Actual Media Workers in the UK
They typically source their money from aboard to besiege domestic actors (like honest journalists or independent outlets that document suppressed beats/topics)
Slop Still Waning, Its Momentum is Driven by Companies That Stand to Lose a Lot (or Everything) When the Bubble Pops
When it comes to LLM slop disguised as news, it's just not working out
Gemini Links 17/05/2026: arXiv Brings Down the Hammer, UnderPOWERed, and Slopping With Tcl/Tk
Links for the day
Links 17/05/2026: Amazon Employees Herded Into Slop, Taiwan Sold Down the River by Cheeto
Links for the day
Links 17/05/2026: Society of Media Lawyers (Brett Wilson LLP et al) Lobby for More SLAPPs in the UK, “Courage in Journalism Award” Given in Oppressive Country
Links for the day
Finland Needs to Dump Microsoft (Microslop) for National Security Reasons and the Same is True for Hundreds of Countries
"I don't see why Ryssäs would want Finns to use microslop products..."
Cyber Show UK is Already Available Over Gemini Protocol
This past week the total number of active Gemini capsules hit all-time records several times
Fight Til the End
This comes to show that persistence pays off
SLAPP Censorship - Part 79 Out of 200: They Will Soon Reach the 100 KG (Kilograms) Milestone; Wheelbarrows, Not Justice (Quantity of Legal Papers Sent to Us)
It's about the quality, not quantity (unless your sole aim is to drown out or "flood the zone")
The Corrupt Lecture the Non-Corrupt - Part XXV - Not Bringing Intelligence to the EPO, Not 'Artificial Intelligence' Either (But Intelligence-Eroding Drugs)
The EPO was meant to be about science and law. In practice, however, it's about breaking the law and being stoned.
The Cyber Show on Why Coding is Important and Slop Cannot Change or Replace That
Hand-crafting one's site has plenty of advantages
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 16, 2026
IRC logs for Saturday, May 16, 2026
Gemini Links 17/05/2026: Music Theory, Reticulum Git Repos, and Releasing Kiln
Links for the day