Bonum Certa Men Certa

Software Development Times Magazine (SD Times) Sometimes Composed by Patent Lawyers

Honoré Daumier



Summary: Literature that's supposed to be for developers is actually working against their interests

SD Times is supposed to be about enabling developers and every now and then we find it advocating tools that allow an abusive company to control developers. But this time we find it hosting a brand new "Guest View" from lawyers, who are simply the leeches that create a system for wave-riding the work of programmers, taxing their work with litigation and paperwork (filing and gardening of patents). This new article is composed by "E. Robert Yoches, partner, Erika H. Arner, partner, Huzefa Kapadia, associate, and Uttam Dubal, associate, are attorneys at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP."



Just to quote the opening:

The software-related and business-method patent markets are depressed, and there is little hope for a bailout. A federal appeals court decision, In re Bilski, rendered a multitude of business-method patents illegitimate, and the Supreme Court’s decision in the case, which could come as soon as next week, could cause even greater damage. The United States Patent and Trademark Office (USPTO), at least, seems to be anticipating a more restrictive decision.


The Bilski case "could cause even greater damage"? How so? It's an attempt to make a first step in the right direction. Many surveys show that software developers, for example, are against software patents because they already have copyrights and they realise the impact software patents, which would prevent them from writing any program without unknowingly stepping on someone else's algorithmic monopoly. It cuts both ways.

“To them -- the lawyers -- patents are just this imaginary market of invisible assets.”The lawyers who write at SD Times also say that "The software-related and business-method patent markets are depressed, and there is little hope for a bailout." Shame on them, bringing terms like "bailout" into it. Like other failing businesses (newspapers and the copyright cartel for example) they think that it's a responsibility of someone else to keep their antiquated practices alive. They should tell their sob story to patent maximalists like IAM and SD Times ought to have rejected this piece.

Notice the use of the word "markets". To them -- the lawyers -- patents are just this imaginary market of invisible assets. It enables racketeering [1, 2, 3, 4, 5, 6, 7]. Why is SD Times giving this coverage?

If someone requires proof that software patents depress innovation, look no further than Apple's lawsuit against GNU/Linux [1, 2, 3, 4, 5, 6] (Microsoft supports this action [1, 2, 3]). Here it is again in Reuters:

Earlier this month, Apple sued Taiwan-based HTC and accused it of infringing 20 hardware and software patents related to the iPhone.


And here is another formal announcement about a software patent.

USPTO Awards Arc Flash Software Patent to EDSA



EDSA, the leading developer of power analytics solutions for the design, testing, and management of complex electrical power systems, today announced that is has been awarded a patent from the U.S. Patent and Trademark Office for its Paladin€® Real-time Arc Flash Advisor™ software. It marks another significant patent award for EDSA, as the Company increases its technological lead in the emerging field of Power Analytics™.


It's bad enough that the USPTO grants monopolies on algorithms; now we have the multinationals attempt to do the same thing in Europe and ACTA would make that easier. The last thing that the software community ought to do is give room for the lawyers community to sing praises about software patents. But that's exactly what SD Times is doing, having just censored an article about the harms of software patents (as applied to Mono). Earlier this month it was an SD Times writer who apparently broke the news about Novell helping the companies that sue GNU/Linux (both Apple and Microsoft). It came from the same author [1, 2, 3, 4, 5] who censored the said article, it was about Moonlight, and the news about it continues to arrive even through unrelated articles.

Apple might see more of the share of US revenue if things keep up as it does have a high number of pre-orders already set and companies such as Novell working on developing games for the iPhone OS.


At least we still know where Novell stands.

Comments

Recent Techrights' Posts

Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
 
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026
SLAPP Censorship - Part 104 Out of 200: Exactly Two Years Ago Brett Wilson LLP Humiliated or Weaponised Our Solicitor's Judaism in an Effort to Censor and Gag Us
dated 12/06/24
Half a Year Since Slopwatch Died
To Google's credit, it did manage to delist a lot of slopfarms in recent months
Links 12/06/2026: Science, Windows TCO, and More
Links for the day
"AI" 46 Times in One 'Article' Because The Register MS Got Paid to Push it
Today is just another opportunity to remind people that the slop bubble and GPU bubble are based on inauthentic fake 'journalism'
Gemini Links 12/06/2026: FTP and Gopher, Cluster Outage Postmortem After Cleaning by Wife
Links for the day
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy