Bonum Certa Men Certa

Free Software Sued by Red Bend, Patent Reform Called for Again

Chrome logoSummary: Chrome comes under software patent attack, Apple to fight back against Nokia over patents, a new (if any) model for protectionism is needed



RED Bend, a patent-loving company that is located in the same city as Novell, has decided to sue Free software, or at least Google's proprietarised version of it (Chrome is not Chromium, but Chromium too is affected by the lawsuit). This was covered by TechDirt, which also corrected some misinformed reporter.



Specifically, Red Bend claims that Google's Chrome browser violates this patent by including an algorithm, called Courgette, that lets Google push compressed software updates. Of course, plenty of companies have come up with various ways to push compressed software updates over the years, so I'm at a loss as to why it requires a patent... but that's a different issue. The problem here is the reporting on this lawsuit by Mass High Tech and reporter Galen Moore. First, he claims that this lawsuit suggests Google's "open-source Chrome browser isn't so open source after all." Huh? I've read that sentence over and over again and I can't figure out how a patent dispute would mean that Chrome isn't open source. This kind of reporting suggests that a patent simply wipes out the type of license covering a software.


Interestingly enough, Red Bend does not even make Web browsers. It describes itself as "the leader in Mobile Software Management (MSM)" and speaking of mobiles, Apple is now responding to Nokia's lawsuit:

Apple will "vigorously" defend itself against Nokia's patent infringement suit, according to Cupertino's SEC 10-K annual-report filing (PDF) issued Tuesday.


We previously wrote about this in [1, 2].

Anyway, this whole mess leads to wondering about the impact of software patents on advancement in science and technology. The patent system has reached the point where it achieves exactly the opposite of what it was set up to do. Copyrights should be sufficient. As a followup to this older piece, an editor at Information Week writes:

[C]opyright protection "is available only for a particular expression of an idea, not for the idea itself"--not for procedures, methods of operation, concepts, and principles, the stuff of thin software and business process patents.


Lora Bentley remarks on the above as follows:

When I talked to technology attorneys early this year regarding the patent system, most agreed that the system as it exists now is broken, but they all differed regarding how it should be fixed. Matthew Schantz, a partner in the Indianapolis-based law firm of Bingham McHale, told me in March that the U.S. Patent and Trademark Office is underfunded and understaffed. That's why the patent process takes so long and is often prohibitively expensive. On the other hand, Bruce Abramson sugggests neither copyright nor patent laws should apply to software, but that Congress should come up with a completely separate set of rights for intellectual property.


In Heise, a new article has just been published to establish a case against software patents.

Software evolved in a climate free of patents, but a relaxing of the rules by the United States Patent and Trademark Office (USPTO) has lowered the bar for patent claims. During the last two decades, thousands of software patents have been issued on business methods, data structures and process descriptions that take no account of how software is developed - and this effect has been enforced around the world through the auspices of the World Intellectual Property Organisation (WIPO) and the World Trade Organisation (WTO).

Because software deals in language and the expression of mathematical constructs and ideas, advocates of free software have argued that code should be treated in the same way as the written word, which is subject to copyright. Patents on software are, in effect, a tax on ideas. We are obliged to search and exclude the idea that someone else may have claimed ownership to, or pay the price for having the same idea. Eben Moglen of the Software Freedom Law Center (SFLC) takes the view that: "Software patenting has been a scourge in the global technology industries," and that "computer programs should be as ineligible for patent protection as mathematical equations or precise descriptions of physical laws."


It ought to be remembered that Heise is printed in a country where software patents are illegal.

"Small enterprises generally adopt a rather negative position towards the current increasing granting of patents for software and algorithms because they fear that these will hamper or eventually even impede their work (more than 85%)." —German Federal Ministry of Education and Research (BMBF), Study of the Innovation Performance of German Software Companies, 2006, p. 86

Recent Techrights' Posts

Soylent News Editor Stays, Trolls Leave Instead
Some of us asked him not to resign but pause and reconsider
Corporate Media Did Not Report on Mass Layoffs at IBM's Expert Labs
Not a single media outlet even mentioned those mass layoffs!
In BetaNoise, The "Latest Technology News" is Noise (Still!)
If you fail to get the slop under control, the site as a whole will perish
Defaming, Impersonating, Hijacking Accounts is Abusive If Not Illegal/Criminal Behaviour
There are actual victims here
If Your Bicycle Got Stolen, Then Open a Facebook Account and Send the US Lots of Personal Data to Get the Bicycle Back (or Try to)
"No Help Unless You Open an Account at Facebook"
Growing Recognition Out There That Courts Must Abandon Microsoft or Have No Perception of Authority, Autonomy, Independence, Fairness, and More
Imagine making a complaint about Microsoft to an agency that uses Microsoft
The Next Talk of Richard Stallman (Father of GNU/Linux and the GPL) Advertised in the Media 3 Days in Advance
He spoke in Italy earlier this year and also did some interviews
Free Software as a Culture of Resistance
Free software as a movement accomplished a lot in 40+ years
 
Links 24/05/2025: From War on Science to War on Academia, Chagos Islands Handed Over to Mauritius
Links for the day
Links 24/05/2025: Leasehold Myths and Analog Computer
Links for the day
Links 24/05/2025: Google Helps Slop Videos, Microsoft Resorts to Desperate Measures to Fake Demand for Slop
Links for the day
Gemini Links 24/05/2025: New Home and Force/Drag Simulation
Links for the day
Sometimes Legal Action is Imperative (Even if Recovering the Cost of the Litigation Itself is Infeasible)
Sirius got sued, but the company has no money (large piles of debt)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 23, 2025
IRC logs for Friday, May 23, 2025
Simpler is Better
Gemini Protocol turns 6 in exactly 4 weeks
Slopwatch: Brian Fagioli, Brittany Day, and Other Plagiarists Who Rip Off Real Writers and Target Themes Around "Linux"
Fagioli also prompted chatbots for some words diarrhoea
Links 23/05/2025: Microsoft Openwashing at ZDNet, Signal Does It Wrong (DRM, Back Doors Still Intact)
Links for the day
Gemini Links 23/05/2025: Clutter in Modern Interfaces and Dealing With DRM-Free Music
Links for the day
Links 23/05/2025: Tax Audits of Hong Kong's Independent as ‘Intimidation Tactics,’ Why "Regulating X Isn’t Censorship"
Links for the day
TecAdmin Took a Break From Linux to Push SPAM
This happened hours ago, and it seems to have been posted directly by the site's "Admin" (Rahul)
The Microsofter Who Kept Sending Threatening Post and E-mail to My Wife Has Been Joking He'd Work on Code for "Sexual Favours"
For one thing, for software professionals (like for landlords), this is outright illegal and you'd get arrested for it, and moreover it's no joking matter because there are many real victims of such sexual exploitation
We Seem to Have Abandoned Science and Replaced Sound Policy With Private Patent Shareholders and College Dropouts Like Bill Epsteingate
Because of what they did there are now many people out there who reject all vaccines
Links 23/05/2025: Violent Attacks on the Press, VMware Price Hikes, Vista 11 Considered Unsuitable for Any Confidentiality
Links for the day
Gemini Links 23/05/2025: Balkan Tourism, UK Polls, Reticulum and Meshtastic
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 22, 2025
IRC logs for Thursday, May 22, 2025
Back to Basics, Folks, "AI" (Plagiarism) is Symptom of a Dying Industry Looking for Whatever Prey It Can Devour
lousy/sloppy imitations
Liam Proven's Thoughts on "AI" Being a Scam No Different From Religions, Alternative Medicine, and More
"Is there anywhere outside of retrocomputing that doesn't have AI in it?"
Many IBM Layoffs, Centred Around Expert Labs US in Atlanta (Offer of "Relocation" Where No Such Option Exists)
So Techrights was assessing comments/gossip online and it was right about the Thursday cull
Slopwatch: Slopfarms That 'Hallucinate' (Yield Falsehoods) Cited as Credible Sources and Microsoft Media Gaslighting Everybody
Part of the problem is, Google News
More Media Coverage and Photos From Richard Stallman's Presentation in Liberec (Czech Republic)
Here are some photos
The Microsofter Who Kept Sending Threatening Post and E-mail to My Wife Has Been Spooking Women for at Least Two Decades
censorship was the ultimate goal
Links 22/05/2025: Openwashing, Dumping Microsoft's Entrapment (Microsoft GitHub), and New Climate Disasters
Links for the day
Richard Stallman's Next Public Talk is in Milan, Italy Next Week
Happy hacking
Gemini Links 22/05/2025: Crimson Pro Font and CGI in Bash
Links for the day
IBM Goes to India, Fires People in the United States (Under the Guise of "Relocation" or Similar), Accusation of Bribery in the Company
LLM slop sites (some are pure slopfarms) from India say the IBM layoffs result in hiring "AI" (the "I" stands for India)
Why We'll Continue Covering EPO Abuses (Other Patent Offices as Well, as the Need Arises) for Many Years to Come
We're basically becoming Russia
Links 22/05/2025: TikTok Laying Off Again, Microsoft-Backed Builder.ai Set for Bankruptcy, Scam Altman Uses 'Funny Money' to 'Buy' (Hire) Company
Links for the day
These Feet Are Made for Walking
Humans are apparently so very clever that they decided to form a "progressive" consensus: feet no more
The Evolution of Microsoft's War on GNU/Linux
13 sins
OFTC Has Just Culled About a Third of Its Online Users
It's not the first time they purge or force offline many people/bots
My New Desk Arrangement (and More Breaks From the Keyboard)
all in all yesterday I devoted 4-5 hours to redoing and shuffling stuff
Central Staff Committee of the EPO Opposes Abuses Against EPO Staff, Challenging SuccessFactors Stunts
Europe became institutionally colonised
Gemini Links 22/05/2025: "Conspirituality" and Visiting One's Old University
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 21, 2025
IRC logs for Wednesday, May 21, 2025