Bonum Certa Men Certa

Patents Roundup: More Regarding Red Hat, Klaus-Heiner Lehne, Patents on Genes, and USPTO Speed Lane

Motorway



Summary: Further analysis of Red Hat's policy regarding software patents, new threat from the European Parliament’s legal affairs commission (JURI), and the fast lane to USPTO distortion

Florian Müller, a campaigner against software patents, wrote a response to our post about Red Hat's take on software patents:

Thanks to your story, I saw that eWeek UK report on Whitehurst's statements.

Following from public policy, Whitehurst re-affirmed Red Hat’s opposition to software patents. “They are detrimental to innovation, and we do not support them at all.”

=> They also don't fight them at all. And some of their various areas of collaboration with IBM even run counter to a push for abolition. Most of that was started by Webbink, who has meanwhile left, but still...

For now I don't plan to blog about Red Hat again too soon, but at some point I'll probably provide an overview of what I consider unhelpful initiatives, besides the OIN.

It's interesting to note that Red Hat cooperates not only with IBM but also with Microsoft on the "community patent review" project. There's nothing wrong with them supporting something good if it's supported by Microsoft, but there can be no doubt that a patent-related initiative supported by Microsoft isn't a push for abolition to the slightest degree. At best it would be politically neutral, which is what Red Hat is if one focuses on deeds rather than words.

That community review project isn't bad at first sight: it's an application of the "to enough eyeballs, all bugs are shallow" idea to the patent granting process. I can't oppose the idea of throwing out bad patent applications early on, but I do question the efficiency of that approach versus other ways the community could spend time to deal with the problem. The real problem is that it's a way of supporting the patent bureaucracy not only practically but also politically, although someone really opposed to software patents must understand that the leadership of a patent office will always want a broad scope of patentable subject matter and as much patent inflation as possible. Letting that system implode with respect to software patents and letting the quality problem (which is due to the nature of software, which shouldn't be patentable in the first place) become as apparent as possible would be much more desirable than giving the (mostly false) impression that community contributions to the review process can improve anything.

I believe that the DPL will, subject to what its final version is going to look like, enable a much more efficient use of community time. Rather than helping the patent bureaucracy, the community should take out its own patents, based on the Fair Troll approach, and assert them against patent holders outside the DPL pool. That would have far more impact than helping the patent bureaucracy with its review process, and if members of the FOSS community come up with really good patents they could even make very significant amounts of money with them, which isn't possible by contributing to the community review project.

You may quote from this email if you like, but I didn't mean this to be a "press release": I'll blog about those alternative ways for the community to make contributions when the DPL finally gets published. I just wanted you to know in the meantime how I view the situation concerning Red Hat's action, which I don't see as a positive contribution on the bottom line...


The FFII more or less succeeded Müller's initiative and its president says that the "European Parliament's JURI committee calls for EU patent court, EU software patents via central caselaw" (that's one of the potential loopholes for legalising software patents in Europe).

According to media reports, the European Parliament’s legal affairs commission (JURI), presided by Klaus-Heiner Lehne, yesterday passed the “Gallo report” in which they ask for more unified and stringent IPR enforcement, in particular a unified crackdown on p2p filesharing but also unified levies, IPRED2 revival, UPLS and more.


We previously showed that Klaus-Heiner Lehne lobbies for software patents because he profits from it. Lehne is a German lawyer and like most lawyers he puts litigation and altercations before advancement of science.

There is a hot debate right now over patents on genes. TechDirt tackles the issue as follows:

This is a very real threat. Venter has long been a strong advocate for patenting genes, so it wouldn't be surprising to see him try to limit this market quite a bit himself. History has shown time and time again that real innovation happens when there's real competition in the market, as players work hard to one-up each other. Giving the basic building blocks of synthetic biology to one company can lead to a vast decrease in research and development into this emerging field -- exactly the opposite of what the patent system intended.


Last week we mentioned a bunch of PR pieces glorifying GlaxoSmithKline (with Bill Gates connections, as we shall show later) for sharing its patents which pertain to living organisms.

When it comes to infectious diseases, sharing is generally discouraged. But recently, pharmaceutical giant GlaxoSmithKline (GSK) opened up the designs behind 13,500 chemical compounds, which the company narrowed down from over two million, that may be capable of fighting malaria.

The process of determing which compounds could yield a malaria drug is time consuming and complex, but GSK hopes to inspire other researchers to pool their intellectual property and work together to develop new and better medicines to fight the diseases that are rampant in the world’s poorest countries.


Companies without patents probably need not apply. TechDirt has another new piece about patent "promiscuity" as we called it the other day:

Patent Office Proposes Speed Lane (And Slow Lane) For Patents; Treating The Symptom, Not The Disease



[...]

Of course, none of this will help. It just means that companies with more money to spend will jump to the fast lane, clogging that fast lane, and lengthening the wait times for those who don't want to spend that much money. It's difficult to see how that helps. The real issue is vastly cutting back on what is considered patentable. Move way from having companies feeling the need to patent anything and everything and get them back to focusing on competing in the marketplace. If there must be a patent system, let it be limited to the rare cases where there is actual proof that the gov't granted monopoly makes sense (if those exist) and where there's no likelihood of independent invention coming up with the same thing at about the same time (a key point that should determine obviousness).


Well, as pointed out some days ago, the USPTO had been taken over by lawyers (including its head) who put profit before science. The more patents they issue, the greater "success" they will claim. Sadly, Google is helping them by legitimisation. ⬆

Recent Techrights' Posts

Ethics in Perspective, Free Software and Morality
top clients of Jeffrey Epstein are one happy family
The Register MS Made Millions of Pounds by Participating in the Slop Hype Campaign (It's Still Doing It), Now It Admits That It's Just a Bubble
the slop frenzy played a role in the Microsoft meltdown
Intercontinental Brigading - Part XXXXX - Pyramid Schemes (Planned Plunder) and Canceled/Botched Surgeries Aren't "Funny", They Cause Serious Harm and Distress
We were right about Microsoft
 
Links 14/11/2026: Wuhan Corruption and "Aid Isn’t Reaching Ebola’s Epicenter"
Links for the day
Rahul Kumar Has Turned tecadmin.net Into a Slopfarm That Promotes Slop and Microsoft (as Usual)
Slop promoting slop - a death knell of once-active "Linux" sites
Large-Scale Layoffs - Not Just PIPs - at Red Hat and IBM This Month
Mainstream media has quit covering mass layoffs
Links 14/11/2026: "The Claude Delusion" and "The Microsoft Outage is a Warning for the World"
Links for the day
Richard Stallman (RMS) at Universidad Central del Ecuador (Guayaquil), Cuenca, Campus Sur Universidad Politecnica Salesiana (Quito), and Ohio State University
Long live the message and mission of RMS
They Paid Workers in 'Shares' (That Lost Almost Half Their Value in One Month)
Welcome back 1999 or 2007
Links 14/11/2026: "OpenAI Is Sustaining Enormous Losses" and Slop "Loses the Popular Vote"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 13, 2026
IRC logs for Friday, November 13, 2026
Gemini Links 14/11/2026: Code of Conduct, Back to Gemini, and Gemlog to Inbox
Links for the day
Slop Promotion, Including Paid-for Slop Promotion for So-called 'Linux' Foundation (Its Clients Are Slop Companies)
We've noticed a lot of this lately in "It's FOSS" and to a lesser degree in "FOSS Force"
Gemini Links 13/11/2026: Productivity Metrics and Antenna Outage
Links for the day
The Real Issue With The Register MS is Not the Politics of Some Staff's "Tweets", It's That The Register MS Publishes Fake Articles for Sponsors (50,000 Pounds Minimum)
AWS and Google each pay millions for fake articles which beget journalistic bias too (they literally pay the salaries of the 'reporters')
Microsoft Total Cost of Ownership (TCO): We Need Accountability Because Many People Die and It's Because of Microsoft Diehards or People Bribed by Microsoft to Deploy Microsoft Where Lives Are at Risk
They're trying to save face right now
What the Media Misses: It's Not an NVIDIA Issue, Super Micro Computer Inc Also Fell From $45 to $26 in the Period NVIDIA Lost 33% of Its Faked 'Value', NVIDIA is Collapsing Like Intel
History goes in circles
It's Not About China or Sex, It's About Corruption at NVIDIA and a Pyramid Scheme Perpetrated Under the Guise of "Hey Hi Revolution" (That Wasn't, It's Manufactured and Hyped by Bribes, Subsidised by Multi-Trillion-Dollar Loans, People's Pension Funds and More)
What's at stake here is a lot bigger than the "Ponzi hub" of Jensen Huang
No, You're Not a "Most Valuable Company" When Everything is Down for Half a Day in the Entire Planet
Still down, still no explanation (maybe they too aren't sure)
Waste of Money: Giving More Money to Toothless Regulators That Don't Even Examine Evidence
Shame in SRA
"Techrights Statement on Phoronix" Still Valid Five Years Later
Our position as stated in early 2022 has not changed
Vista 11's 'Growth' Has Stalled, It's Measured at Only 17.9% in the US This Year
That helps put in perspective Microsoft's attempt to discard almost 30% of its remaining workforce
"NVIDIA is Enron" (Subsidising the Pyramid Scheme That It Profited From), Microsoft is Next to be Down for the Count
Microsoft increasingly looks like the "next NVIDIA"
Richard Stallman Travels to South America to Give Talks About Free Software in Spanish, FSF Raises Money
The FSF is raising money (goal is $400,000) and the FSF has just mentioned the upcoming talks by the FSF's founder
United States Adding ~300 Billion in Government Debt Per Month, Wall Street Shaves Off Trillions in 'Value' in Less Than One Week
cushioning "assets" by helping them fake "value"
Microsoft: Pay Us for the Stuff That's Offline and We Cannot Fix
Learn to take control of the technology that you rely on
Links 13/11/2026: "Copyright-Strike-for-Hire" and "Stevie Wonder Photo Lawsuit"
Links for the day
The Slop Bubble (or Pyramid Scheme) Relied on Trust and Patience (Being Patient as Losses Grow and Debt Explodes, Trusting the Roadmap of Cheaters and Frauds)
Remember that it all began with trust
Anthropic's IPO Depends on $895.4 Billion in Debt (Money It Doesn't Have, It Loses Over 100 Billion Dollars Per Reporting Period), NVIDIA Has Just Lost Almost 2 Trillion Dollars In Value and Its Debt Trebled in Three Months
This coming week will be very, very entertaining for slop critics/sceptics to watch
At Microsoft, "Buyouts" or "Global Voluntary Separation Agreement" (GVSA) Not Much Different From Layoffs (Severance Shockingly Low)
From what we are able to gather, many people are leaving Microsoft 'voluntarily'
Is Microsoft the Next Fake-Valued Corporation to Lose 35% in "Market Value"? Is Slop Bringing Microsoft Down?
Will NDAs prevent people talking or journalists finding out the true cause?
Lorenzo Stoakes (ARM) the Latest of Many to Quit Linux Development Over Linus Torvalds' Obsession With Slop (Linus Wants to Work With Bots, Not Humans Who Understand Whatever Code They Write)
Linus caught the 'brain virus'
Silent Layoffs at IBM (and Red Hat) Continue in November 2026
IBM's CEO is "a Palliative Care Doctor Who Slides [IBM] Gently Into the Night"
Microsoft Asks 60,000 Workers to Leave, Some Leave, Services Go Down
Microsoft laid off about 40,000-50,000 people in past years
Gemini Links 13/11/2026: Roku Exits the Smart Home Market and Poor Reporting/Journalism Regarding Slop Plagiarism
Links for the day
Links 13/11/2026: "Apple Support Community Forums to Permanently Close" and "The Slop Market is Getting Nervous"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 12, 2026
IRC logs for Thursday, November 12, 2026
Gemini Links 12/11/2026: A Firing of a Boss and Geminispace Growing Fast
Links for the day
Bill Epsteingate-Funded BBC "Totally Ignoring the $1.7 Trillion Wiped off NVIDIA Stocks"
Imagine how many pension funds are tied to this NVIDIA pyramid scheme
A Few Hours Before NVIDIA CEO Canned (and NVIDIA Shares Plunged) the NVIDIA-Funded The Register MS Published Paid Spam With "AI" 18 Times in It
Anything to inflate the bubble
Links 11/11/2026: NVIDIA Decapitated, "The Company That Published Fake Journalists in Sports Illustrated is Collapsing Dramatically"
Links for the day
Intercontinental Brigading - Part XXXXIX - We Didn't Start the Fire
It started in 2012
Photo Ops Are Liabilities
NVIDIA is not a "family business" and its CEO isn't some modest genius
NVIDIA’s Total Debt Trebled in Three Months!
Not the hallmark of a rich company unless its accounting is fraudulent
NVIDIA Turns Out to be Serial Cheater, Stock Plunges 33% in 5 Weeks
The "slop bros" have long relied on patience and blind faith
Adopting LLM Slop is Still Suicide
Suicide (in the literal sense) is also linked to adoption of chatbots
On Laundering Licences and Code
A "Second SCO" waiting to happen
The Cyber Show on Slop and the Ministry Of Truth in "Nineteen Eighty Four"
"cultural erasure" by slop
Intercontinental Brigading - Part XXXXVIII - Keeping Both Eyes on the Ball
One upside of these disputes is that they raise at least two very important issues concerning the law
Gemini Links 12/11/2026: Encryption is Easy, Human Emacs, and Legislation in Italy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 11, 2026
IRC logs for Wednesday, November 11, 2026