Bonum Certa Men Certa

Patents Roundup: Call to “Abolish Software Patents”, FFmpeg Has No Patent Danger, and Patent WatchTroll Looks Like “Pure Satire”

FFmpeg



Summary: Many news items about software patents, mostly ones that reassure software patents are kept stuck in particular geographies, thanks in part to a lobby of lawyers like Gene Quinn (Patent WatchTroll)

IT'S TOO hard to ignore the Bilski decision, even a week and a half after its release. This decision applies to just one country, but its scope potentially goes beyond that of business method patents. Here is TechDirt extrapolating to better understand the impact on software patents:



Since it's been a week or so since the Bilski ruling, and as more people have had more time to look at and sift through the rulings in greater detail, some are realizing there may actually be a light at the end of the tunnel for those who dislike software patents. Contrary to the claims of the IEEE, the ruling did not, in fact, come out and say that software patents are legit.


The truth is, despite pressure from Stevens, SCOTUS kept the issue of software patents mostly off the agenda.

Other Web sites can be seen extrapolating to biomedical patents [1, 2]:

A day after reaching a decision in the business methods patent case Bilski v. Kappos, the Supreme Court this week remanded the diagnostic patent case Prometheus Laboratories v. Mayo Collaborative Services et al., to the Federal Circuit Court of Appeals with an order to revisit the case in light of Bilski.


Timothy Lee, a rebel against software patents who was also recently recruited by Google, says that "Justice Scalia’s indecision is a victory for the patent bar" and a new UK government Web site (crowd-sourced) may seek to ensure that software patents are kept at bay, at least in the UK. From the summary:

Software patent law must be simplified if not completely abolished. The concept that a routine or function is somehow "intellectual property" is ridiculous. How many times have you had an idea and found out someone else had the same idea? Patents were designed to prevent stealing of ideas but two independent people creating the same idea are not stealing from each other.


Richard Stallman wrote about video patents (purely software/mathematics) a day or so ago and Carlo Daffara wrote this good post to clarify and dismiss misconceptions that FFmpeg's implementation of WebM/VP8 might be infringing MPEG-LA patents.

I was recently reminded by Gregory Maxwell of Xiph about the new, non-Google implementation of VP8 done within the context of FFmpeg, and many commenters on Slashdot observed that the fact that the implementation shares lots of code with the H264 part is further demonstration that VP8 is infriging on MPEG-LA held patents.

Actually, there is nothing in the implementation that suggests this, only the fact that some underlying alogrithms are similar (but not identical). For example, the entropy coder is quite similar, and it certainly helps to reuse some of the highly optimized librarties that are within FFMPEG, this is however no indication of patent infringement.


Last but not least, TechDirt feeds Patent WatchTroll (Quinn) and claims that Quinn's arguments are so ridiculous that he was "pretty sure that Quinn's blog is pure satire":

We've already pointed out that the "don't look" advice is spread around widely and has nothing, specifically, to do with open source. Second, developers aren't looking to "do original work." They're looking to do useful work. Necessity is the mother of invention and all that. Innovation doesn't come from looking for something that "hasn't been done." Usually, it's in response to a need that you are seeing in the market place, and when you see that need, it doesn't matter if others are doing something already. The fact that you see a need that hasn't been fulfilled means that there's an opportunity.

In some ways, Quinn's mistake here is simply a restatement of the mistake many patent attorneys make in confusing idea and execution. He assumes that for innovation to occur you need to have an original idea, rather than just a better way of solving a market need. And, the idea that you have to do something "original" to attract investor attention suggests that Quinn doesn't spend much time in the venture capital world. It's pretty well known out here in Silicon Valley that if you come to investors with something truly original, you'll almost never get an investment. It's just too difficult. They can't fit that into the model they're working with. To get an investment you need one of two things -- neither of which is "finding some original space." No, you need a story about how you're doing something the VCs already understand, but better (i.e., the opposite of what Quinn suggests) or you've got a great track record of executing. That's because most good (successful) VCs recognize the difference between ideas and execution. And they'll bet on people who can execute over people with ideas every single time.

There's plenty more that's ridiculous in Quinn's post -- which is why I'm pretty sure that Quinn's blog is pure satire that had me fooled for many years, but I'll just respond to one more point, because it's so amusing:
I have a real philosophical problem with those who want to copy, whether it be intentionally or without knowing. We ought to want to find the open spaces and fill them. That is what Thomas Edison did, and many thousands of others throughout our history.
As anyone who's actually studied Thomas Edison knows quite well, pretty much all Edison did was copy others. Nearly all of his great "inventions" were actually invented by others first. Edison, on the other hand, was great at taking the inventions of others and innovating. That meant making minor tweaks to make the offerings more marketable, marketing the hell out of them... and, oh yes, using the patent system to try to wipe out any of the competition (even if they had much, much, much better products).


The best thing to do is probably not to feed Patent WatchTroll. That's just what he wants and maybe that's why he aggravates. Groklaw feeds him a lot.

Recent Techrights' Posts

Greenland Needs to Disconnect From United States Tech to Protect Its Independence
The more Greenland protects itself from Social Control Media, the more robust or resilient it'll be to regime change
Solicitors Regulation Authority (SRA) on Slop and Breach of Confidentiality
They should absolutely not ignore this
Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
If You Value Privacy, Follow the Likes of Eben Moglen, Phil Zimmermann, and Richard Stallman, Not Back Doors' Boosters Who Mislabel Themselves as Security Experts
Signal is not really secure
 
Jim Zemlin's 'Linux' Foundation is the Real Link Between Linux and Pedophilia
It's about the deeds, not the words
The GNU Manifesto Turns 41 in March (Next Week)
And RMS turns 73 next month
The Sister Site is Still Improving the Static Site Generator (SSG) We Use in Techrights
We have a common mission and every week we make measurable advancements
Techrights is 100% Disconnected From Cheeto's America, the Problem is Hired Guns in London Helping Violent Americans Attack Us Domestically
Not a new problem, not limited to us
Open Source Endowment (OSE) Looking to Raise Money for Free Software, But It's Hard to Know who Runs the Open Source Endowment Foundation
Their Web site does not (easily) show who the Board of Directors includes
Apple Doesn't Want Anybody to Ask What Happened to Vision Pro
They lost a lot of money
If You Want More Verifiable (Auditable) Security, Use GNU Linux-Libre
GNU/Linux will never be 100% secure
Microsoft XBox Can't Stop Talking About Slop
Will we see more "prepared" (under embargo) Microsoft propaganda released simultaneously at 9PM tonight?
Rust Will Not Inherit the Earth, It Barely Deserves a Place on the Planet
Rust - like Haskell and many other short-lived fetishes - will come and go
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026
[Video] "New RMS [Richard Stallman] Positive Media" Reaches Millions of Viewers This Week
Assuming 5+ million people will watch this on the first week, that's good publicity for the Free software movement
Another Quiet Slop Day Passes By
the number of slopfarms we can locate/track is fast decreasing
Gemini Links 26/02/2026: Sending a Thesis and Lupa/Onion ("Lupa now lists Gemini .onion addresses")
Links for the day
Links 26/02/2026: Bcachefs Man Bonkers, "Seven Journalists Convicted for Taking Photos at Courtroom"
Links for the day
Links 26/02/2026: "Peak Mental Sharpness" and "The Whole Economy Pays the Amazon Tax"
Links for the day
"Community" Site Deleted by Jeffrey Epstein-Connected 'Linux' Foundation Had Interview Where Eben Moglen Spoke of GPLv3 and of DRM, Back Doors Etc.
Deleting what happened or what was said two decades ago
Richard Stallman (Free Software Foundation) and Eben Moglen (Columbia Law School) Explained 25 Years Ago That Proprietary Software (and Proprietary Firmware) Would Lead to Back Doors
a fortnight after the 9/11 terror attacks in the US
Writer's Block is Not a Problem to Us, Only a Lack of Time
Or timewasting by aggressive militants who try to silence us [...] People who experience writer's block very often find it depressing (it feels unproductive) and sometimes come to the conclusion that perhaps writing isn't for them
Giving to the Community Versus Taking From the Community (or Worse, Attacking the Community)
some people bring no contributions, only harm
LLM Slop Will Try to 'Rewrite' History of UNIX and GNU/Linux
We occasionally see slopfarms spreading misinformation about UNIX, GNU, and Linux
March Plans for Techrights
next month we plan to start the series about how the SRA failed
Where Does the Solicitors Regulation Authority (SRA) Stand on Machine-Generated Legal Documents and Copy-pasting One Client's Lawsuit to Start Another (for American Serial Strangler)?
Now that many law firms cheat (copypasta, paper DOoS, LLM slop, breaches of rules, even defaming the other side) the SRA cannot keep up
Of Course Android is Not Free Software
That Android is not about freedom should not be so shocking
Talking About Blackboxes
Having just reposted a couple of articles from Alex Oliva
Microsoft Slop is Already Killing XBox
Microsoft will fail at alleviating such concerns
Two Weeks Have Passed and It Looks Like Conde Nast's Ars Sloppica Sacked "Senior" "AI" "Reporter" Benj Edwards But Did Not Remove All His LLM-Produced 'Articles'
the editorial standards at Conde Nast's Ars Sloppica are a joke
Alex Oliva (GNU Linux-Libre): Stricter is Less Popular
Reprinted with permission from Alex Oliva
Fraud and Crimes at Microsoft
A lot of these American companies simply cheat and even bribe
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 25, 2026
IRC logs for Wednesday, February 25, 2026
FSF's Alex Oliva on Hardware Black Boxes
Reprinted with permission from Alex Oliva
What Microsoft Hides Underneath
In recent years a lot of this shell game was played via "Open" "AI" [sic]
A Lot of Slopfarms Died, Google News Feeds the Few Which Survived and Still Target "Linux"
Many just simply died
Links 25/02/2026: Fifth Year of War in Ukraine, Dihydroxyacetone Man Looking to Start More Wars
Links for the day
Gemini Links 25/02/2026: Retired a Year, Illness, Losing a Lung, and "Back to Gemini"
Links for the day
The Register MS Published a Ponzi Scheme-Boosting Fake Article This Morning. It Mentions "AI" 30 Times.
Will credibility be left after the bubble pops entirely?
They Try to Ruin Linux, Too ("Attestation" in GNU/Linux)
In the context of Web browsers, this isn't unprecedented and we wrote a lot about it
Mozzarella Company: All Our Cheese Comes With Mold Now, But You Can Ask the Seller to Remove the Mold
If you reject and oppose slop, do not download/use Firefox
Stallman Was Right About Back Doors
I had some conversations with Dr. Stallman about security and back doors
Australian Signals Directorate ex-employee sold back doors to Russia
Reprinted with permission from Daniel Pocock
IBM Debt-Loading and Liability (Toxic Asset) Offloading
One can hope that IBM will be subjected to the same attention Kyndryl received, but this boils down to politics
Links 25/02/2026: 'Hybrid Warfare' and "Boycott the State of the Union"
Links for the day
IBM (and Red Hat) Can Disappear in the Coming Years, Along With Kyndryl (Debt Twice as Big as Its 'Worth')
No wonder Red Hat workers tell us they hate IBM
Software Freedom is Science, But It Also Sustains Life
In some sense, Software Freedom can be explained in the context of nourishing people
“Xbox, like a lot of businesses that aren’t the core AI business, is being sunsetted."
There has been a lot of narrative control lately, including at 9PM on a Friday
3,300 Capsules Known to Lupa and Currently Accessible
Gemini Protocol turns 7 this summer
When it Comes to Firmware, the FSF and Its Founder RMS Won the Argument (But Not the Fight, Yet)
The "whataboutism" tactics are physiological manipulation means of discouraging those who move in the correct direction
Austria Tackles Digital Weapon Disguised as "Social" and/or "Media"
Are we seeing the end days of Social Control Media?
Nothing Over the Horizon for XBox
XBox is not even being sold in many places anymore
Solicitors Regulation Authority (SRA) Contradicting Itself: You Can Use Slop to Cheat Clients, But You Can Also Face Disciplinary Actions Over Slop
Where does the SRA stand on the matter?
In Praise of Eben Moglen
Hopefully Professor Moglen will be with us for many decades to come and become an active speaker on issues such as Software Freedom
Sunsetting IBM (for the Benefit of Few Corrupt Officials and Wall Street Speculators)
IBM will not (and cannot) survive for much longer [...] The issue is bad leadership, not any particular nationality/race
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 24, 2026
IRC logs for Tuesday, February 24, 2026
Gemini Links 25/02/2026: Rise of Solar in 2025 and Smallnet Protocols
Links for the day