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

Based on Insider Leaks, Asha Sharma's Job is to Kill XBox While Talking About "AI"
They cite SneakerSO
Linux Kernel 7.0 Release Candidate Comes Out, Stallman Turns 73 in Three Weeks
It predates Microsoft and Apple
In Greenland, Firefox's Gecko and KHTML (KDE, But Bastardised by Apple) Bigger Than Chrome
Are those Danes recognising the risk of monoculture?
IBM Layoffs Definitely Still Happening
Contrary to what some apologists try to say
Don't Use the Future Tense to Discuss the Slop Bubble
Wall Street does not react to reality; it reacts to panic, which is related to expectations
The Broken Window Industry and Its Ongoing Desires to Make Technology Less Dependable
Reliable computing is becoming harder to find
New XBox CEO Typecast in Social Control Media
Microsoft apologists will fall back on (or shuffle between) the "racist" and "sexist" angle
Sites Without JavaScript Deserve Your Visits
We're not arguing that the Web should be as simple or barebones like Gemini Protocol/GemText
EPO Strikes Are Already Working
Campinos is already going "into hiding"
 
Links 23/02/2026: "What Boston Will Cost Me" and Women as Hostages
Links for the day
IRC Usage Levels Seem to be Rebounding This Year
it looks like the total count (tally) of users increased a lot lately
Microsoft Tricked the Media Into Lying About Microsoft Layoffs in January. Now It Does the Same (in February).
Microsoft has got the media by the wallet (or balls)
Free Software Projects Become Slow Due to Slop
It does not improve efficiency or productivity, it reduces both
EPO Strike Has Begun (or Resumed)
The EPO status quo is untenable
Links 23/02/2026: US Surrenders to Climate Change (to Benefit Oil Companies and Slop), UK Court of Appeal to Hear Mazur
Links for the day
GAFAM Jobs No Longer Lucrative
Those days are long gone
Germans Recognise the Contagion is Digital, Not Racial
How to dismantle or neutralise those weapons? Turn them off
Free Software (or Software Freedom) Ain't No Religion
It's hardly surprising that some of the loudest opponents of Software Freedom and its luminaries also disregard or bend facts
Dr. Andy Farnell Explains Why the Slop Industry is Like Trespassers and Thieves
interesting new article about robots.txt files
The Demise of the Solicitors Regulation Authority (SRA) and Profession Based Around Bullying With SLAPPs and Empty Threats
For press to survive and thrive in the UK we need the hired gun to be submerged
Gemini Links 23/02/2026: Imperfect Journal, Evil, and "Progress Goes Boing!"
Links for the day
“Power is a Thing of Perception. They Don't Need to be Able to Kill You. They Just Need You to Think They are Able to Kill You” ― Julian Assange
When leadership becomes corrupt enough to lose a sense of authority its days are numbered; it'll be replaced
IBM Has Already Admitted 2026 Mass Layoffs (in 4Q Earnings Call)
We showed this earlier this month, but some people bring that up again
Reasons to Go on Strike in the European Patent Office (EPO)
If you live in Europe and don't work for the EPO, you can still help
First speech of Chanellor Hitler, Andreas Tille & Debian denounce Branden Robinson
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 22, 2026
IRC logs for Sunday, February 22, 2026
More and More Projects Quit Microsoft GitHub This Year, XBox Will See the Same
Microsoft GitHub's embrace of slop as "strategic" gives us a clue of what'll happen to XBox very soon
Google "Intelligence": Despite Slam-Dunk or "Smoking Gun" Proof, Drug Abuse in EPO Leadership is "Unverified Allegations"
Google's slop (so-called 'AI') lacks intelligence
8,000 Pages/Articles Per Year
We're eager to maintain a good production/publication pace and illuminate the sinister attempts to interfere with Freedom of the Press in the UK
Gemini Links 22/02/2026: Okonomiyaki and Midcrunch Crisis
Links for the day
Freedom Means Accepting He or She Who is Different
In the Debian community we're sadly seeing some authoritarian overreach this month
Microsoft Windows Falls to Another New All-Time Low in Guatemala, It is a Bottomless Pit
Maybe users come to realise that Windows means back doors and those doors are open to a regime that ought not be trusted
"XBox" Will Become Slop After Mass Layoffs
When all else fails, "AI it"
Links 22/02/2026: Hardware Price Hikes Across the Board, "Microsoft Issues Statement on Potential Layoffs"
Links for the day
Microsoft "Layoffs Incoming"
This transition isn't about promoting games; it's about canning the console
Links 22/02/2026: "Bloat of Modern Fitness Apps" and Wikipedia Deprecates Archive.today
Links for the day
Our IRC 5-Year Anniversary (for Self-Hosted) is Fast Approaching
A week from now it's March already
Gemini Links 22/02/2026: Dream Job Gone and Slop in Taskwarrior
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 21, 2026
IRC logs for Saturday, February 21, 2026
GNU/Linux Grew a Lot in Nicaragua
We've not noticed until today
Techrights Has Over 1,000 Good Articles 'in the Tank'
Drafts, notes, and lengthy documents
New Article Challenges Solicitors Regulation Authority (SRA) for Choosing the Wrong SLAPP Cases to Investigate
The one point we can agree on is that SRA does not know how to correctly select the worst culprits/offenders
The Brand 'Watsonx' is a Terrible Name for IBM 'Hey Hi' (Chatbots) Because Watson Agreed With Adolf Hitler
Almost a century has passed and IBM still believes that selling "intelligence", chatbots in particular, should be done under the name "Watson"
Why IBM is Still Scary and Dangerous
Keep a distance from "Big Blue" Bully
Measuring the Growth of Our Mission and Community
Something between experiment and prototype
Richard Stallman in the United States - Part III - Georgia Tech Did a Fine Job Upholding Free Speech Principles
The real problem was social control media (toxic)
Debian's Master is Deleting Criticism of SystemD and Other Things (On-Topic and Published by Debian Developers), Resorts to the Excuse Messages Are "Too Long"
Censorship serves nobody except the masters that control this censorship
Digg's Latest Incarnation Already Failed, It's Infested With LLM Slop
Many submissions go to slopfarms and some get summarised by slop
Gemini Links 21/02/2026: Veganism and DeskPi RackMate T0
Links for the day
On The Web, XBox Already a Dying Breed
Down to about 0.05% on large machines, based on statCounter [...] Microsoft will never publicly admit or say how many billions it lost on the XBox
2026 a Year of 'Top-Down' Microsoft Layoffs (Management First)
Stay tuned for what comes next
Your "Likes" Aren't Yours and They're Mostly "Worthless Clicks"
Social hermits are not popular, irrespective of how many "Facebook friends" or "likes" they get
Waggener Edstrom/Frank Shaw Lied, There Are Definitely Microsoft Layoffs
Microsoft never issued a formal statement, it made allusions by proxy
Microsoft-Controlled Media With Embargo and Press Operatives
This won't be the last example of media manipulation for narrative control or face-saving "damage control"
Slop Hype Makes Our Core Technology Less Reliable and Far Less Resilient (We Pay for the Catastrophe That Follows)
Only slop-free projects can be trusted
Going for 1,000 (Days of Uptime)
universal records are vastly better
Firefox is No-Go in China, Not Even 1% "Market Share" Anymore
Given Mozilla's utterly rubbish marketing these days (politics over technical aspects), set aside the cheerleading for slop, there's hardly a chance of Mozilla Firefox reaching or exceeding 10% again
EPO "Cocaine Communication Manager" - Part III - It's in His Eyes
Workers are free to draw their own conclusions
Links 21/02/2026: Tensions Over Iran and Illegal Cheeto Tariffs, Presidential Approval Sags
Links for the day
Links 21/02/2026: "Moving Away From Cloudflare", Many Layoffs or Shutdowns in Games (Including XBox/Microsoft)
Links for the day
GNU Linux-libre is a Grown-Up Today
"before that, every distro that wanted to respect its users' freedom had to remove itself all of the binary blobs that were distributed as part of the kernel Linux's so-called sources"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 20, 2026
IRC logs for Friday, February 20, 2026
Gemini Links 21/02/2026: "The Evil of Action" and Slop Bots Causing Great Harm Online (Not Just the Web)
Links for the day