Bonum Certa Men Certa

Losing the Battle Against Software Patents?

Bike



Summary: Signs that the bullies are gradually getting their way by removing small players from the market, using patent thickets

TO ANYBODY who is a programmer, software patents are a curse. It does not matter if one develops Free software or proprietary software, patents are not for the developers, they are for the managers and their lawyers. They are for corporations and those who wage their wars for them. Just watch what Walker is doing right now [1, 2, 3, 4, 5], suing the entire world like Traul Allen, a billionaire, did. Jim Besse spoke about "the Future of Software Patents" a few days ago:



Yesterday James Bessen spoke at Stanford University on “The Future of Software Patents.” Over a decade has passed since US court decisions opened the way for wholesale patenting of software, including patents on finance and methods of doing business. Mr. Bessen looks at what the effect has been on software innovators. He looks at the empirical evidence on how software startup firms use patents and on why firms now face a much greater risk of software patent lawsuits. Exploring the causes behind these trends, he discusses how recent court decisions and legislative proposals might affect the rapid growth in litigation.


Those software startup firms soon discover that to say software patents are a good thing is simply a myth. It is the type of myth which gets spread by patent lawyers and propaganda from lobbyists of companies like Microsoft. The president of the FFII, one of the most active campaigners against software patents worldwide, warns that "Travaux preperatoires of the EPC published by the EPO, many references to software patents" and he also warns about "New Zealand software patents through the backdoor: EU approach is protecting embedded software" (this comes from this patent lawyers' hive which we wrote about before). It sometimes seems like we, developers, are outnumbered by vocal lawyers. Not enough developers seem to be taking a stance against software patents; instead there is reliance on volunteers. Large companies like Google are not doing enough -- if anything at all -- to defend the interests of such developers. Roberto Galoppini claims that "Groklaw gave up with software patents", which is probably not entirely true. Here is what he wrote the other day:

Few days after my blog post about OSI’s possible future, OSI wrote a second statement on the CPTN transaction, somehow reaffirming my concerns about a maybe too narrowed view on software patents. Now that even Groklaw gave up with software patents - rightly in my opinion - leaving it to IT giants and patent-trolls, will OSI fight software patents as a whole?


Here is another new article about the bid for Nortel's patent portfolio and some background about CPTN:



Until and unless developers start getting involved in the software patents, bogus 'IP experts' and fake 'developers' (who only pretend to be that) will steer policy, bamboozle politicians, and continue to make life a lot more miserable for SMBs. This is not just a political and technical issue, it is also a class issue. It is the use of law to distort the market. ⬆

Comments

Recent Techrights' Posts

The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
 
More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026
Gemini Links 22/10/2026: Solar MiniBBS, Building Major Tom, and Zig
Links for the day
Links 22/10/2026: Busan’s Celebrity Shark in Canal Again
Links for the day
Links 22/10/2026: "Software Developers Have Been Promoted Into Incompetence"
Links for the day
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026
Techrights Was Right About a Fake Security Model Built Around Lies or Built Upon Trust in "Certificates" and "Authorities" (like Microsoft)
We have begun to amass some media reports and blog posts from technical sites
Windows Monopoly is No Longer Sustainable (the Case of Oceania)
This is why Microsoft layoffs are happening all the time
Some Downtime Possible Shortly (Router Work)
We don't use PHP in the site anymore
Mass Layoffs at Microsoft This Week and/or Next Week
Cannot pull a bunny out of some hat
With Its Future on the Line, EPO Management (Dictatorship) Resorts to Further Escalations to Fake 'Production' and Curtail Industrial Actions
It's clear that with a yearlong campaign of industrial actions - including strikes - Campinos cannot save face anymore
Gemini Links 21/10/2026: Summer Day in Tokyo (30c in Late October) and Whole Food for the Whole World
Links for the day
Links 21/10/2026: "Zelensky Took the Gloves Off This Time With Convicted Felon" and "Cellebrite iPhone Radio Zero-Day"
Links for the day
Reuters is Becoming Slop, Not a News Agency (Treat Reports From Reuters Sceptically)
In their own words
Disclosure/s Crisis at The Register MS (Promoting a Ponzi Scheme for Money)
So now they sell several schemes/scams at the same time, not limited to the slop
Links 21/10/2026: "The Tragic Death of the Republican Party" and "No War But Data Center War"
Links for the day
Internet Relay Chat Still Growing
The numbers go up, not down [...] Don't believe the doomers
Intercontinental Brigading - Part X - American Back Doors Inside Our Computers, With Transatlantic Swatting Against Critics Thrown 'Into the Mix'
"If your Windows PC's Secure Boot certificates are out of date, your system is vulnerable to malware like rootkits."
Gemini Links 21/10/2026: A Walk Through Amsterdam and Pythagorean Theorem
Links for the day
More Mass Layoffs at Microsoft Weeks From Now, Then Again Months From Now
Microsoft's crisis is not limited to XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 20, 2026
IRC logs for Tuesday, October 20, 2026