Bonum Certa Men Certa

Patents Roundup: Google Versus Patent Trolls, Patents Unrest, Microsoft's Friend Fraunhofer to Report on Software Patents in Europe

Fraunhofer



Summary: Lawyers masquerading as innovators lose their case against Google; many new reports from the US show a patent case against search engines; Europe still faces risks of UPLS and India's CIS protests against software patents

THERE is a lot of patent news we haven't found the time to cover, so here it is very quickly.

United States



Google's important patent trial involves "a pair of entrepreneurs with one failed business idea [and] almost no computer programming experience," to use the words of the president of the FFII, Benjamin Henrion (or as TechDirt put it, "Google Fights Back And Wins Against Bogus Patent Lawsuit From Guy Who Couldn't Even Code His 'Invention'"). Here are some of the details:

This week: the software giant's hard-nosed strategy for dealing with patent-holding plaintiffs gets put to the test—and proves successful.

Late last month, Google won its first patent infringement lawsuit to go to a jury trial, in the Eastern District of Texas. The plaintiff was Function Media LLC, a patent holding company owned by husband-and-wife inventors Michael Dean and Lucinda Stone. Unlike like many of those who file patent suits in the plaintiff-friendly venue, Dean and Stone actually live in the Eastern District, residing in Tyler.


"A "disturbing" number of the lawsuits come from companies controlled by patent lawyers, sometimes asserting the lawyers' own "inventions"," says Henrion. But Google has also just been sued by a real company whose implementations Apple and Microsoft famously copied:



Last Friday, Xerox filed a lawsuit seeking compensation over patent-infringement claims. The copy giant claims that Google and Yahoo have been using its own technology for search queries and data integration. A spokesman for Xerox said that, following failed jaw-jaw, it was time for war-war.


Google is no innocent victim though. Hadoop's patent issue is one that we wrote about last week when we called Google to stop patenting of software. Google perhaps insists that Hadoop is "safe", but this is not a legal guarantee and there is no reason for one company to be put at the mercy of another because of the burden of patents.

In mid-January, Google won a patent for MapReduce, the distributed data crunching platform that underpins its globe-spanning online infrastructure. And that means there's at least a question mark hanging over Hadoop, the much-hyped open source platform that helps drive Yahoo!, Facebook, Microsoft's Bing, and an ever-expanding array of other web services and back-end business applications.

Hadoop is based in part on a MapReduce research paper Google published in 2004, about six months after it applied for the patent.


Here is an opinion piece just published by IDG. It calls for elimination of software patents.

Software patents make no sense. Like music, art, and other creative pursuits, software is almost always derivative work. There is not a chance in hell that Facebook invented this idea. I am certain there have been social news feeds around for at least a decade or more. I am not going to spend the time finding all the prior art, but I am sure there are patent lawyers doing that already for various social networks who are now potential subjects of patent litigation from Facebook.


The Washington Post has another new opinion piece that speaks of "dangers of over-zealous intellectual property cops" and says:

The industrial inventors of the nineteenth century, too - heirs to the heroic ideal of James Watt - would have understood today's enforcers. They complained loudly that patents needed to be easier to police and longer-lasting, denouncing rival industrialists as piratical. Their campaign to secure patentees' prerogatives had many implications, one of which was the passage of Britain's first modern patent law.

But it also sparked a counter-campaign to abolish patenting altogether. Led by Victorian Britain's principal arms manufacturer, it denounced the very idea of a patent as monopolistic, retrogressive, and philosophically absurd - and it identified the practice of enforcement as a serious impediment to the nation's progress. Although it came very close to triumphing (and a parallel bid in the Netherlands did triumph), the campaign against patenting eventually failed.

[...]

In principle, there is no reason why not. Conflicts over intellectual property in its various domains -- gene patenting, GMOs, pharmaceuticals, and digital media, to mention only a few -- are an everyday presence. Criticisms and piratical practices in any of these realms have the potential to ramify into major challenges to the conceptual structure of modern intellectual property itself. What has been missing so far has been a sufficiently general trigger. The practice of policing could supply it. It would be ironic if the greatest revision of intellectual property's nature in 150 years were to be set in train by the very measures adopted to preserve it sacrosanct.


"A counter-campaign to abolish patenting altogether, it denounced the idea of a patent as monopolistic retrogressive absurd," adds Henrion to the above.

This patent system has been hijacked by lawyers who do not invent anything but instead just feed on the system. "Patent Watchtroll" (lawyer/lobbyist for software patents, Gene Quinn) says: "Patent attorneys have always been at least one step ahead, and even if the Supreme Court tries to kill software patents we will figure out a way to characterize it so that it will be patentable."

“This patent system has been hijacked by lawyers who do not invent anything but instead just feed on the system.”Here is Black Duck's CEO Tim Yeaton (former marketing person at Red Hat) explaining or at least justifying [1, 2] the application for a software patent that his company received rather than acquired. It's the usual excuses. Red Hat is not innocent, either. In fact, it participates in Peer-to-Patent and Henrion says that "those who invest in projects like Peer-to-Patent are part of the conspiracy."

Here is Activision getting slapped for game patent violations [via]:

The immense popularity of musical video games such as Guitar Hero, Band Hero and DJ Hero appears to have generated some unwanted attention for Activision Publishing, Inc. ("Activision"). In particular, on February 12, 2010, Patent Compliance Group, Inc. ("PCG") filed a qui tam action against Activision, alleging that Activision has falsely marked many of its video games including Guitar Hero 5, Band Hero, DJ Hero and Guitar Hero Smash Hits (collectively "Activision video game products") as patented or patent pending.


BerryReview wonders if the BlackBerry flashlight application can be patented too.

Now I am curious what you all think. Even if it were possible should developers be able to patent a way of performing a function programmatically on your BlackBerry? I personally think that would be ridiculous and I know for a fact that it is VERY difficult to get a software patent. From what I understand at most developers can get copyright for the written code but that is only relevant if another person copies the actual code which is hard to prove…


There seems to be this silent consensus that the patent system does not serve the interests of the right people. "The USPTO grants patents for business methods, so that you can exclude your competitors from doing business the same way," adds Henrion with some timely proof.

Europe



Software patents may become a problem in Europe unless they are fought against. Henrion has collected a lot of new evidence that includes his observation that the "European Commission awards study on software patents and standards to Fraunhofer, OOXML proponent and Microsoft proxy"; to quote the relevant part:

V.3) NAME AND ADDRESS OF ECONOMIC OPERATOR IN FAVOUR OF WHOM A CONTRACT AWARD DECISION HAS BEEN TAKEN:

Fraunhofer-Gesellschaft zur Förderung der Angewandten Forschung e.V. as legal entity acting for Fraunhofer Institut für System- und Innovationsforschung, Hansastraße 27 c, 80686 Munich, GERMANY.


Fraunhofer consistently serves Microsoft's interests. Henrion has also noticed that "BusinessEurope [is] pushing for patent harmonisation with Free Trade Agreements" and a "conference in Starsbourg [PDF] [will cover] the UPLS central patent court and software patents via the backdoor"; then there is what he considers "the European Commission's report [PDF] [which is] hostile to Free Software, promoting software patents in standards and the undefined RAND term"

We at Boycott Novell are very grateful to Henrion, who caries on along the footsteps of Hartmut Pilch. As Pilch put it at one point, Microsoft is part of the problem; it has been a major part of it for a long time.

India



Over in India, Microsoft and other companies are trying to legalise software patents (Microsoft is unique among the lobbyists). CIS has just issued this lengthy statement opposing software patents.

CIS believes that software patents are harmful for the software industry and for consumers. In this post, Pranesh Prakash looks at the philosophical, legal and practical reasons for holding such a position in India. This is a slightly modified version of a presentation made by Pranesh Prakash at the iTechLaw conference in Bangalore on February 5, 2010, as part of a panel discussing software patents in India, the United States, and the European Union.


As we showed in an earlier post, ACTA strives for an overhaul on an international level. It's important to keep an eye open.

Recent Techrights' Posts

IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
 
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
"But Corruption is Everywhere"
"We'll always have Polio..."
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025