Bonum Certa Men Certa

Belittling the ‘Open Source Community’ for Stance on Patents, Worshipping Microsoft Patents

Patent lawyers show their nasty face again


Summary: Patent lawyers continue to sidle with the monopolies in their fight for more intellectual monopolies, which include software patents

SITES such as Groklaw may wish to deny it, but lawyers are rarely if ever friends of software freedom. There's almost nothing for them in it. Even Red Hat's lawyers who deal with patents are expressing their stance poorly at times, only to be criticised by "good lawyers" such as Carlo Piana (latest example can be found here).

WatchTroll's pro-software patents site (for patent lawyers) is at it again. It's that annoyingly syndicated-by-Google-News blog where there is disdain for what they call ‘open source community’ (in scare quotes) in relation to New Zealand's stance on software patents. To quote: "The Committee appears to have accepted submissions from the ‘open source community’ that, with the possible exception of the category of ‘embedded software’, computer-implemented technology is inherently non-inventive, that software patents can be obtained for trivial advances, and that they generally stifle innovation. Stakeholders with a contrary (or at least more nuanced) view on the matter were, for the most part, unaware that they needed to step up and make submissions to the Committee, since there had been no suggestion of a software exclusion at any earlier stage of the process."

“Linux has had that sort of innovation for ages.”The arguments made in this piece are weak and the explanation given is not accurate, either. Did the ‘open source community’ (as they insist on putting scare quotes around it) really claiming that the combination of hardware merits a patent? That's highly doubtful. Software developers mostly argue that patents make their job a lot harder (it's not just free/open source application developers who say this) and the "embedded" trick simply remains as a sort of loophole for the patent monopolies-greedy. It keeps them happy, just like the F/RAND clauses which leave ambiguity. How about this new example? "Montrose man among team receiving patent for market analysis software," says the headline. Microsoft fans also rave about what they call a Microsoft patent on "fast-boot dual-boot hybrid" (software patent), carelessly saying nothing about the fact that Microsoft is by no means first to have thought of it. Linux has had that sort of innovation for ages.

Anyway, the UK-IPO is looking for feedback about its policies and since it's going to get stuffed by British patent lawyers, there's reason to show them that there is another side in this debate -- one to whom the vested interest has nothing to do with actually taxing innovation like many lawyers and the monopolies they represent do. The EPO, UK-IPO, and also IPONZ (Intellectual Property Office of New Zealand) have ambiguities to address when it comes to their patent law.

Recent Techrights' Posts

Windows Defender Flags Tor Browser as “Trojan Horse” Malware
Reprinted with permission from Ryan Farmer
Sensationalist Clickbait Called 'Looney Tunables' to Badmouth Linux (It's Not Even Linux)
FUD attack
Links 04/10/2023: Murena 2 with /e/OS and More
Links for the day
Links 04/10/2023: KDE Promo Sprint and More
Links for the day
Clown Computing Means Security/Data Breaches, Not Just the Outsourcing Itself (They Get Cracked, Too!)
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
yesterday's posts
mp3HD: Another Patent Trolls' Patent Trap That Failed
Reprinted with permission from Ryan Farmer
IRC Proceedings: Tuesday, October 03, 2023
IRC logs for Tuesday, October 03, 2023
"Modern" Computing Sucks and Harms Computer Users
Reprinted with permission from Ryan Farmer
Red Windows
Red Hat is not into Free software
Richard Stallman Giving Talks in the Czech Republic and Germany This Week (Tomorrow's Talk is "Artificial Intelligence vs Language Models")
This past weekend he gave two talks in the Czech Republic
Companies Faking the True Number of Layoffs With Return-to-Office Mandates and Forced Relocation
we estimate that Microsoft cut about 30,000 so far this year, having cut many more jobs last year
Links 03/10/2023: Cellphones (Mobile Phones) Banned in Classrooms in England
Links for the day
Greener Pastures for Free Software Users
This coming week we'll publish many articles about GNU/Linux and technical means of/for user empowerment
IRC Proceedings: Monday, October 02, 2023
IRC logs for Monday, October 02, 2023
Google News, Which We Call Gulag Noise, is Following the New York Times Into the Digital Graveyard
It merely gives an illusion of volume and instead of giving readers more stuff to read it wastes people's time
Daily Bulletins Coming Soon (Hopefully as Early as Next Week)
Today we finish testing IRC logs and their upload to Gemini, not just to IPFS
Over at Tux Machines...
yesterday's posts
Software Freedom is the Future and Microsoft is the Biggest Obstacle
GNU/Linux, at its roots, was all about Software Freedom
Links 02/10/2023: NUC, GTK Themes, and More
Links for the day
New Union Syndicale Articles About the European Patent Office
We'll probably get back to regularly writing about the EPO in the near future
If WordPress Knows Well Enough to Self-Host Its Podcast, Why Can't GNU/Linux Shows Do the Same?
For those who want videos and podcasts, here are today's latest additions from other sites
Richard Stallman Can Outlive Many of His Prominent Haters
M.J.G. tried hard to take our Web site offline, based on lies and repeated threats
The GNU/Linux Revolution Ain't Here. Look at Brazil, Russia, India, China, and South Africa (BRICS) Instead.
The revolution won't be televised
Chaffbot Effect: Microsoft Bing Falls to Lowest Share in Two Years (Amid Loads of Bing Layoffs This Year)
Press outlets mostly failed to report that Bing is collapsing
Forget VSCode (Microsoft's Proprietary Spyware), Use KATE Instead
KATE is great
Sometimes It's Time to Reboot
No, not Android. KDE.
GNU/Linux Distributions as "Appliances" and DRM Platforms (the Case of ChromeOS and SteamOS)
Is this what we envisioned in the 1980s and 90s?
Fulfilling the Site's Full Potential
We remain devoted to the aforementioned goal of posting more original material
Over at Tux Machines...
2 days' worth
Upcoming Talk by Dr. Richard Stallman: Large Language Models Are Not Artificial Intelligence
LLMs aren't truly intelligent and cannot quite grasp what they spew out
GulagTube is a Burning Platform (Exit YouTube, Invidious Won't Save Us From Google/Alphabet in the Long Run)
Alphabet Agency (Google) sees the future of video as a "skinnerbox" (running Android) that indoctrinates you like TikTok does
Microsoft's Demise in the Global News Cycle is Rather Telling
It should be noted that Microsoft is, in general, no longer prominent or dominant in news headlines
Gemini Migration and Backup Capsule (Archive)
At the end we'll end up with something a lot better than before and latency should be massively reduced
Links 01/10/2023: Science, Education, and pro-Russia Slovakia Leadership
Links for the day
IRC Proceedings: Sunday, October 01, 2023
IRC logs for Sunday, October 01, 2023