Bonum Certa Men Certa

Patents Roundup: New Conferences, Oink of the Patent Lawyers in New Zealand, and TurboHercules' Secret Home in 701 Fifth Avenue, Suite 4200 Seattle, WA 98104

TurboHercules



Summary: The latest software patents news from New Zealand, Europe, the United States, and an American Microsoft proxy that pretends to be European (near the Commission)

LATER this week -- on Thursday to be precise -- people will speak about patents at the 2010 Linux Foundation Collaboration Summit. The list of speakers is interesting because it includes some lawyer types who do not oppose software patents.



The EPIP conference is also looking for paper submissions. Emphasis will be put on Free software and software patents, oddly enough (because the conference is in Europe).

This year an emphasis will be given to the issues of IPR and development and open source. Papers addressing the challenges encountered by developing countries in the context of the TRIPS (trade related aspects of intellectual property rights) agreement, the protection of traditional knowledge, the issues of IPR and health and access to knowledge in developing countries, and the challenging view of the open source alternative to IPR will be particularly welcome.


Over in New Zealand, it's mostly the lawyer types who stifle a necessary reform that would explicitly forbid software patents [1, 2, 3, 4]. Watch the following new video from New Zealand (NZOSS) and listen to the background sounds.

12M





Direct link



Here is IDG's latest update on the situation in New Zealand:

Commerce Minister Simon Power says the Government will back changes proposed by a select committee that will mean computer software can no longer be patented.

Parliament's commerce select committee proposed amending the Patents Bill, which passed its first reading in May last year, after receiving many submissions on the controversial issue.


As we pointed out a couple of days ago, Judge Stevens is retiring and this is a big deal because of his involvement in the Bilski case. The president of the FFII, Benjamin Henrion, shows that a "Patent Attorney is afraid of Judge Stevens for writing Bilski decision, hopes he retires soon" (well, he got his wish fulfilled).

Henrion has also spotted IPKat's new essay on what he calls "the UPLS attempt to validate software patents in Europe" (the former can facilitate the latter).

"Where are we now?" is the question on everyone's lips when it comes to the long trek from national patents alone to the desired destination, the Promised Land of the single patent for the European Union and a centralised and harmonised patent litigation system. Explaining the background, Oliver Varhelyi (Head of Unit, DG Internal Market and Services, European Commission) described the legal bases on which the form and substance of the agreed new regime could be reached through a combination of unanimous and majority votes.


We cannot quite avoid speaking about the curious case of TurboHercules -- a case that we've covered in :

  1. Microsoft Proxy Attack on GNU/Linux Continues With TurboHercules
  2. Eye on Security: Windows Malware, Emergency Patches, and BeyondTrust's CEO from Microsoft
  3. IBM Uses Software Patents Aggressively
  4. IBM's Day of Shame
  5. IBM Will Never be the Same After Taking Software Patents Out of Its Holster
  6. Thumbs up to Ubuntu for Removing a Part of Microsoft; TurboHercules Likely a Psystar-Type Microsoft Shell
  7. Why IBM Does Deserve Scrutiny (Updated)
  8. Patents Roundup: Fordham Conference for Software Patents in Europe, NZOSS Responds to Pro-Software Patents Lobbyists, and TurboHercules' Ties With Microsoft Explained
  9. Florian Müller Seemingly Connected to CCIA (Microsoft Proxy)


Intel's heinous crimes did not prevent HP from getting closer to Barrett this month (he is among the key people who attacked OLPC), but we were more interested in understating HP's possible role in the TurboHercules case. Groklaw has just explained this relationship. It's great work from Pamela Jones; in fact, many updates on her previous post show that TurboHercules used a simple trick to pull the list of patents from IBM. The closer one looks, the worse it looks for TurboHercules, whose location is elucidated as follows in one of the comments:

I am purposefully not making these links HTML clickable so there won't be referring clicks from Groklaw. You can copy them into your browser to verify if you want to.

The TurboHercules website is at http://www.turbohercules.com where it is clearly the right site, talking about the TurboHercules emulator and founder Roger Bowler. The About Us page at http://www.turbohercules.com/about/ has their Paris, France address.

At http://www.turbohercules.com/resources/permalink/turbohercules-overview/ is a link to the PDF of a whitepaper http://www.turbohercules.com/uploads/main/TurboHercules_Overview_1.pdf "TurboHercules Overview: A Quick Overview of the TurboHercules System" which at the bottom of the cover page lists the address "TurboHercules Inc. | 701 Fifth Avenue, Suite 4200 Seattle, WA 98104"

There is also a marketing brochure at http://www.turbohercules.com/uploads/main/Turbohercules_Brochure_IDF_1.pdf that has the same address. An interesting snippet from it: "TurboHercules has approached IBM to consider making available to its mainframe customers a license for IBM operating systems on the Hercules platform."


As Groklaw shows, it is also a Windows company, not quite an "open source" company as Florian Müller and others from that same ilk want reporters to believe (Müller has failed to properly deny his role).

All in all, patent law is broken, yet some people mischaracterise the problem by pointing their finger in the wrong direction. Mike Masnick responds:

This is a problem that happens all too often in these discussions. Folks who don't know much about how innovation really occurs in the tech world, and who falsely conflate concepts in tangible property with a completely different government-granted monopoly right -- automatically assume that infringement is the equivalent of "stealing." Are there cases where big companies "copy" an idea from a small company? Yes, absolutely. But it's a lot more rare than many make it out to be. The really innovative ideas? Those are the ones that big companies don't even realize are big ideas until it's too late.


Very few people who are developers would deny their disdain of software patents; it's mostly them who matter, but it's rarely them who vote on the subject. The "Litigation Industrial Complex" runs this show.

"Small Software companies cannot afford to go to court or pay damages. Who is this software patent system for?" —Marco Schulze, Nightlabs Gmbh

Recent Techrights' Posts

Lacking Business Model, Bluesky Has Become Slop and Gravitates Towards Plagiarism, Bots
LLM slop/plagiarism under the guise of "Artificial Intelligence" (AI)
 
In Time for April Fools (and Easter), 30,000 Oracle 'Pink Slips' While People Are Asleep
Oracle probably has no choice but to fire a ton of people
SLAPP Censorship - Part 29 Out of 200: Violent Language Won't Go Away When You Use It in Your Site, Blog, and Social Control Media
abuse began in 2012 because I had politely and accurately criticised Red Hat
Gemini Links 31/03/2026: Five Years on Gemini (Rob's Gemini Capsule), OFFLIFIRSOCH 2026, and More
Links for the day
Slopfarms Persist, But Google Seems to Have Delisted Many
We are still checking
Links 31/03/2026: More Energy Shortages Noted, Taylor Swift Faces Trademark Infringement Suit
Links for the day
Chaff, Slop and Spam Help Distract From Parallel Crises at IBM
IBM seems very eager to undermine discussion about what goes on inside
IBM-Spawned Lexmark Sold, Then Came Mass Layoffs, Now the CEO Who Did This is Leaving
IBM is really not a magnet for talent at this point
Not April Fools But April First: Red Hat Staff Becoming "IBM"
claims of mass layoffs set to kick off at IBM some time soon
Gemini Links 31/03/2026: Antenna Packed Up, AuraGem and AuraSearch Maintenance
Links for the day
Links 31/03/2026: More Social Control Media Bans, BBC Now Run by GAFAM (US) Executive
Links for the day
'Broligarchs' Don't Want Science, They Want Entertainers to Entertain Them (and Make Them Richer)
Of course this will result in things getting worse in the sciences and everyone who relies on the sciences
When Republics Turn From Democratic Governments Into Imperialistic Dictatorships
What goes on in the US would require talking about politics
Companies That Have Nothing Except Buzzwords and Promises Will Perish
Dishonest media will perish along with the companies it is covering up for
The Solicitors Regulation Authority (SRA) to be Grilled in Two Weeks' Time by the British Government for "Recent Regulatory Failures"
we escalated to our politicians
GNU/Linux Will Thrive as Long as It's Modular, Not Monolithic
To IBM, it's all about money. Nothing else matters.
EPO "Cocaine Communication Manager" - Part X - People Are Leaving
"I was happy to be at the EPO in the beginning, but since I realized it's all a big mafia"
IBM's 33 Years as a "Financial Engineering" (Accounting Tricks) Company
In relation to Red Hat, this "financial engineering" involves culling many workers and trying to replace them with slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 30, 2026
IRC logs for Monday, March 30, 2026
Links 31/03/2026: Rising Costs, Cyberattacks, Novo Patent Expiry
Links for the day
Gemini Links 31/03/2026: American Spring, Distributed Systems Simulator, and Calculus for Electronics
Links for the day
SUEPO Central Made a Strike (or Striking) Success
Europe has more than enough qualified patent officials
IBM Layoffs and Their Expected Scope in April 2026
Such layoffs impact not only IBM "proper"
SLAPP Censorship - Part 28 Out of 200: Facing Consequences for Impersonation and Worse
It's not "funny". It is moreover libellous.
Links 30/03/2026: South Korea Next to Curb Social Control Media Addiction and Manipulation, Notorious Patents in the US Challenged
Links for the day
Gemini Links 30/03/2026: Going Back to Wrist Watches and Why LLMs in Programming Suck
Links for the day
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026