Bonum Certa Men Certa

Patents Roundup: ACTA Affects Patents, Philips Upset With the Patent System, NZOSS Responds to the Software Patents Lobby

David and Goliath ACTA
Famous depiction of David vs. Goliath (in the public domain)



Summary: As indicated in the title, this is a grouping of many patent news stories

Here in a nutshell are some of the latest developments regarding software patents.



Bad Apple



Apple is part of the software patents problem because it is already using them against GNU/Linux. Apple goes way too far, with trivial human actions written as software, then monopolised with aid from the USPTO (and ITC for enforcement). Here is the latest example. How far will the USPTO be willing to go? It has already gone way too far. Just consider copyrights on clothing, which gives a whole new meaning to 'stealing' of clothes.

ACTA



The release of ACTA for public viewing is hardly news. People have seen it for well over a year [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] through many leaks that also showed how it changed over time. ACTA does affect patent law, as we have known and noted all along [1, 2, 3, 4, 5]. Now this can be shown using a formal and authentic document rather than a leak. Glyn Moody quotes Hammerstein (former European member of parliament) as writing: "ACTA text: includes copyright and patents of Sections 1 through 7 of Part II TRIPS. not "counterfeit" treaty"

Hammerstein has had many other valuable things to share recently [1, 2, 3, 4, 5, 6, 7], so power to him.

Europe



EurActiv, a Web site that routinely covers activities such as lobbying in Europe, states that the "EU [will] convene [a] subgroup of 'innovation commissioners'" and begins as follows:

The European Commission will formally establish a subgroup of at least eight EU commissioners with a stake in innovation policy when it meets this week.


Glyn Moody responds to it by asking: "what's the betting they'll want more intellectual monopolies?"

The last thing that the Commission needs is yet more ACTA proponents like Luc Pierre Devigne or even Pedro Velasco-Martins. "But the ministers also make it explicit that Open Standards and interoperability are the way to go for the European public sector in general," says this separate new report from the FSFE. It looks rather encouraging:

The EU’s member states have just thrown their weight behind the principles of Open Standards and interoperability. At a meeting of the ministers for telecommunication and information society in Granada, Spain, the ministers of the 27 EU member states yesterday issued the Granada Ministerial Declaration on the European Digital Agenda [pdf].

[...]

FSFE is part of the IGF and has taken part in WSIS while it lasted. A lot of good work was done there, and we’re glad to see that the European member states value the principles of those fora.

Again, this is not the European Commission speaking, but the member states. The Commission itself has been sending mixed messages. In her parliamentary hearing, Neelie Kroes emphasised the importance of Open Standards. On the other hand, the department in charge of the Commission’s IT infrastructre, DIGIT, has been doing all it can to purge Open Standards (not to mention Free Software) from the revised European Interoperability Framework. There are also indications that Neelie Kroes is being pressured to remove references to Open Standards from theDigital Agenda policy paper which she is about to issue.


Philips, which is a software patents lobbyist based in Europe [1, 2, 3], is doing something similar to General Electric (GE), which is also a software patents lobbyist in Europe (lobbying alongside Microsoft). Philips complains about the patent system after GE sounded the alarm too and made similar complaints. From China Daily:

Noted for its international products and innovation, electronics giant Philips is also a pioneer in patent protection in China, ranking third among foreign companies for its more than 1,600 filings last year alone.

Such large numbers don't surprise industry insiders, as they reflect a worldwide trend - what Ruud Peters, company vice-president and CEO of Philips Intellectual Property and Standards, calls "global patent warming".

In fact overheated patent activity threatens to overwhelm the entire system, he said.

[...]

We have too many patents today and the patent system is facing the risk of being overwhelmed," Peters said.

"Most patent offices have been unable to cope with the steep increase in patent filings and a huge backlog of unexamined applications is building," Peters said. "For a time it was easier to get a patent granted, so the patent quality has decreased."

[...]

Outlandish or bad patents, frivolous lawsuits and high damage awards have triggered a public debate about the functioning of the entire system.


Philips is a European company, but its complaints refer also to American nations.

United States



Over in the United States, gene patents may have just been declared void [1, 2, 3]. Patents on life may be the latest form of patents to die and Wired Magazine looks back at the root of this issue exactly 23 years ago (April 21st, 1987).

1987: The U.S. Patent and Trademark office announces it will begin accepting patent applications for animals.


Justice Stevens is leaving as we've mentioned about 5 times by now and here is a long summary of things he has accomplished throughout his career (one of which is the Bilski decision).

Justice John Paul Stevens, who has served on the Supreme Court since 1975, announced on April 9, 2010, that he will retire when the Court completes its current term this summer. This article reviews his contributions to technology related areas of law.


New Zealand



Earlier today we wrote about software patents in New Zealand, noting yet again that it's mostly lawyers and multinationals who are fighting to make these patents legal. Here is the latest response from NZOSS:

In the letter Mr Matthews concludes that "NZCS represents a broad church of ICT professionals and no doubt some of our members have different views on software patents (as with all things). However in the same way that Section 92a of the Copyright Act was harmful, albeit with the best intentions, the evidence certainly appears clear that software patents are simply too potentially harmful to our sector, and in fact innovation in New Zealand, to support."


New Zealand is probably the hottest battleground at the moment when it comes to software patents. Whatever happens in New Zealand may impact other countries. To Microsoft, abolition of software patents must be like the "Red Threat" (Soviet communism) at the moment. So, it sends out the B-52s (lobbyists and partners) to help carry out the coup, as we have shown before.

Recent Techrights' Posts

Recruiters Don't Use Microsoft LinkedIn, Spammers Use LinkedIn
One of my best friends, a university professor, lost all of his life's savings due to Microsoft LinkedIn
You've Only Wasted Your Life in Social Control Networks
In a sense, social control media is a giant delusion
2025 Was a Very Bad Year for Social Control Media
statCounter sees a gradual demise in Social Control Media access
Don't "Go Paperless", Go Paperful [sic] (for What Really Matters)
Why should we favour paper use sometimes? Well, many reasons.
The Slop Industry is Failing So Badly (Mountains of Debt, Losses) That It's Merging With the SPAM Industry
we reckon that Google will eventually delist all slopfarms, recognising they're just a form of SPAM
IBM Starts 2026 a Much Smaller Company (Not Homage to Gerstner)
People who get bluewashed out of their job (or bluewashed into unemployment) are gagged by NDAs
Microsoft XBox Having a "Dog Ate My Homework" Moment: No New Console Until 3 Years From Now... Because "RAM Prices"
Who will ever remember this in 2028? Nobody.
Gemini End of Year Capsules Tally (Based on Lupa) Shows About 10% Growth
What a difference a year makes
Dr. Andy Farnell Explains Why Chatbots Became Dishonesty on Top of Dishonesty (Hiding Usage of Dishonest Salads of Words)
new article from CyberShow
 
Fiji: GNU/Linux Has Risen From Almost Nothing to Almost 5% in Recent Years
It's not as small as people are led to believe
Gemini Links 31/12/2025: Blogosphere is Growing and New Year Begins
Links for the day
Complexity Considered Harmful: We Used to Run an Operating System on 64KB of RAM, Not 64GB of RAM (a Million Times More)
"Initially confined to single-tasking on 8-bit processors and no more than 64 kilobytes of memory"
Links 31/12/2025: Cheeto Pushing for More Wars, ‘Security is a Shared Responsibility’
Links for the day
Enshittification of Postal Services Isn't Technological Advancement
Societies that say the aim is to "go digital" and eliminate paper trail aren't advanced; they're moving backwards
XBox is Likely Dead Already, But the Threat It Posed to Us All for Two Decades Isn't Over
"the Xbox was never about gaming and merely served as a test bed for DRM in commodity systems."
Ahead of 2026 Mass Layoffs at Microsoft the Tree Gets Shaken to See Who 'Falls' (Resigns/Retires)
"We had a quiet meeting last week about budget realignment. No one said layoffs, but it’s clear where the focus is shifting."
Almost 6,5000 Pages in 2025, Aiming Higher in 2026
if we can keep focused, then quantity will increase
Gemini Links 31/12/2025: New Resolution, Reverse Hexdump, and Programming Languages
Links for the day
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
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
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
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