Bonum Certa Men Certa

Keeping the Software Patents Monster Caged in Japan and in the United States

WWI propaganda poster (US version)
DESTROY THIS MAD BRUTE - Enlist U.S. Army" is the caption of this World War I propaganda poster for enlistment in the US Army. A dribbling, mustachioed ape wielding a club bearing the German word "kultur" and wearing a pickelhaube helmet with the word "militarism" is walking onto the shore of America while holding a half-naked woman in his grasp (possibly meant to depict Liberty). This is a US version of an earlier British poster with the same image. Dated ca 1917. [source: Wikipedia]



Summary: Why software patents should be confined geographically, as Microsoft mostly manages to extort Linux distributors in few places that acknowledge patents (monopolies) on algorithms

LWN, one of the best Linux sites out there, says that In Re Bilski means "business [method patents] as usual" (that's the headline).



"Business method patents nearly bite the dust," says SCOTUS Blog in the headline. In summary:

Reflecting on Justice Stevens’ lost majority opinion in Bilski


Brad Feld, a critic of this system [1, 2] with a long series of rants about software patents, previously wrote about "Why Bilski Really Means That Software Companies should leave the US" (snippets in Digital Majority).

The problem is made greater when countries other than the United States become equally hostile towards software developers and more friendly towards their lawyers.

According to this patents blog, there are changes in Germany that almost overlap horrible news about the Siemens case [1, 2, 3, 4, 5] and even Microsoft's FAT patent (upheld in Germany).

The German Federal Supreme Court (Bundesgerichtshof) has recently made clear that every court has to take into account preceding decisions of the European Patent Office (EPO) and of courts of other contracting states to the European Patent Convention (EPC) if these decisions essentially concern the same questions. Although there is no principle of precedence in Germany – neither in respect of German nor of foreign decisions –, the recent ruling of the Federal Supreme Court (Bundesgerichtshof, 15 April 2010, Xa ZB 10/09 – “Walzenformgebungsmaschine”) requires more than just regarding other decisions with favour. Every court has the obligation to deal with the arguments brought forward in other – German, EPO or foreign – decisions.


Two years ago it was a Symbian-related case that seemingly brought software patents into Europe via the UK. Earlier this year Germany's legal system was named as a similar type of culprit and it's important to watch and report these precedences. According to this report, DENSO, which is based in Japan (where software patents are legal), has just signed a patent deal with Microsoft. Linux is not mentioned at all, except by The Register which brings TomTom's case into it (gymnastics in logic?):

Microsoft scored yet another patent licensing deal yesterday, this time with automotive tech firm DENSO Corp.

[...]

Famously, Microsoft's original court allegations over the three file management patents involved TomTom's use of the Linux kernel, and according to Redmond at the time the settlement provided TomTom with coverage under those three patents in a way that was compliant with TomTom's obligations under the General Public License Version 2 (GPLv2).


Many people must have noticed by now that Microsoft is capable of signing Linux-hostile software patent deals in the few places other than the United States (where Xandros, Linspire, and Novell are/were based) that acknowledge software patents. Examples include Fuji Xerox, Turbolinux, Kyocera Mita, and I-O Data (based in Japan too). It is therefore important to ensure that software patents never reach Europe, not in any formal sense anyway.

Korean giants like Samsung and LG have sold out to Microsoft as well (software patents are arguably valid over there). These two companies pay Microsoft for Linux on any items they sell, so it's not clear why some Linux proponents are jubilant:

LG, Samsung big on Android



[...]

And now most other mobile phone makers, and those readying to ship tablet PCs, are embracing Android. Among them are LG and Samsung both of which are on the brink of releasing Android-based devices.


Microsoft makes money from those. It is better to buy an Android handset from Motorola, for example. ⬆

Recent Techrights' Posts

The Register MS Helps Prove the "AI" Frenzy in the Media is Evidence of Compromised Media, Not Legitimate "Revolution"
Ignore the hype and carry on
Microsoft Insiders on "Effectively Being Silently Laid Off From Microsoft"
People are laid off by the thousands without the media uttering a word or the companies confirming anything
 
The Outcome of Microsoft Ban Was Predictable
told you so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 08, 2026
IRC logs for Thursday, October 08, 2026
Gemini Links 08/10/2026: Economical Thrashing, How I Killed the Earth, and Thoughts on Gemini
Links for the day
Links 08/10/2026: Wikimedia Bemoans Chaffbot Slop (Bots Sold as 'Agents') That Sabotage It, ICC's Taliban Warrants
Links for the day
Links 08/10/2026: Slop Scammers (Pushers) Inflate Hosting Bills and "YouTube Testing Everything"
Links for the day
London Became Synonymous With the Royal Courts of Justice
London used to be a place where we go on holiday/retreat/break; nowadays we have only one destination there
Brigading Against Women - Part XXIII - Extremism in the Mix and Getting the Police Involved
In 2012 I was getting heckled a lot for opposing back doors in Linux; it has not stopped since
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 07, 2026
IRC logs for Wednesday, October 07, 2026
Microsoft's XBox CEO Asha Sharma Tells Staff That Many Thousands of Layoffs Are in Fact "Return to Growth"
Get it? Layoffs are "growth".
Gemini Links 07/10/2026: On Feeling Guilty Leaving the US, Multinet, and Limiting Net Usage
Links for the day
The Cyber Show Explains the Concept of "Data Rape"
a metaphor some might find crude
FREE BEER is Still Online, But Barely Active
25 years ago or even 20 years ago many spoke of open/free beer (or "COLA")
Syria: GNU/Linux Has Surged to 8% "Market Share"
I don't have a convincing explanation for this
IBM Dimming Down the Lights on IBM Consulting, No Knowledge or Experience Required
They just "ride" the (old) brand, that's all
Statement on American SLAPP
Crossposted from schestowitz.com
Today The Register MS Published "SPONSORED FEATURE" and "SPONSORED POST" With "AI" 31 Times in Them
This isn't a "Reality" or "Era of AI", it's a paid-for spam campaign
Gemini Links 07/10/2026: Nostalgia, Neutral Map, and Shorthanding
Links for the day
Links 07/10/2026: Unrest in France and Rumours of Plague in Russia
Links for the day
Brigading Against Women - Part XXII - The Lozza Problem (in Length)
Garrett's case was a waste of the Court's money
JavaScript in Richard Stallman's Web Site
For search he is using CGI, not JavaScript
EPO's Local Staff Committee The Hague (LSCTH) Plans Presentation Next Week (Coinciding With Apparent Coronation of 'Cocaine King' Campinos)
They've outsourced this session to the dictator's spying eye
The GNOME Foundation's Code of Conduct Has Been Misused to Hide Corruption
People who value free speech and freedom of expression won't touch social control media with a 10-foot bargepole
Voting for Freedom of the Press
American elections happen every 4 years
What Brett Wilson LLP and Matt Garrett Don't Want People to See/Read
Book-burning is counterproductive
Book-Burning Mindset Does Not Work
It makes the suppressed voices more widely known
Microsoft's XBox in 'Freefall'
XBox is practically finished
Slop is Plagiarism
Plagiarism is not "theft" and copyright infringement is not "piracy"
IBM is Almost Defunct
IBM is doomed. It just tries to test how much more patience the shareholders have.
Criminalisation of Journalism
"Journalist Derya Okatan arrested in Turkey for allegedly possessing classified material"
Brigading Against Women - Part XXI - Hiding Behind the Veil of "Privacy" After Telling Nazi Things in IRC Channels of Techrights and Physically Threatening People
To merely explain an abuse (or crime) requires naming people; that's a fundamental tenet of reporting
Links 07/10/2026: Quitting Smartphone and "Meta's Muse Is Spying on All Your Friends and Family"
Links for the day
Gemini Links 07/10/2026: Greed, In Praise of Zotero, and The de-Google Path
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 06, 2026
IRC logs for Tuesday, October 06, 2026