Bonum Certa Men Certa

Fake Patent Reforms and Abolition of Software Patents

Summary: Why progress is not being made in the fight against software patents, despite claims that software patents can only be obtained in the United States and perhaps some Asian countries

Patent Extortion Against Linux



Microsoft is a very abusive patent aggressor, despite Todd Bishop pretending that it complies with the law. It's all just spin or misdirection. Thanks to the absence of NDA rules (not applying because no deal was signed), B&N showed serious abuses from Microsoft after it got sued (similar to Microsoft suing Motorola over Linux) and regulators should take a close look at that. Microsoft has turned into some kind of massive patent troll or a company which uses patent trolls to attack its competition. Funnily enough, TechDirt publishes an analyst's opinion that "Motorola's Best Play Is To Become A Patent Troll & Destroy Android Ecosystem With Patent Lawsuits" (TechDirt quote, not the analyst's), yet nobody seems to mention what Microsoft is already doing, which is exactly how Mike describes it:



Weren't patents supposed to be about encouraging innovation? Of course, the reality is that they're mostly used for the opposite purpose, which is holding back innovation, stopping other companies and cashing in on the lawsuits. It seems that some analysts aren't even pretending that patents are useful for innovation any more. Trip Chowdhry, a somewhat well known analyst in the tech space, is claiming that [...] suggests that the company go full on patent troll and sue everyone else making Android tablets. Because that will help the market.


Read the above and think about what Microsoft is doing. It is exactly that. Given the nature of patent litigation in such a scenario, should there not be a patent reform? They want us to believe so.

USPTO 'Reform'



Well, as we pointed out at the time, the recently-passed reform was not really a reform but more of a decoy. They called it a "reform", but it was more like a symbolic pat on the shoulder. Erick Robinson, the Senior Patent Counsel at Red Hat, says it passed "with little reform" and he explains why:

In my March 2 post on patent reform, I noted that many of the provisions offered in prior versions of patent reform bills were removed from the pending bill. On March 8, the Senate passed S. 23, now called the “America Invents Act” 95-5. As one might guess, any legislation passed with such unanimity must present little controversy. Such is the case here, as the bill was further stripped before passage, leaving little reform to match the hype with which it was passed.

For example, the damages provision mentioned in my post – already watered down from the version in prior years' bills – was removed. Similarly, the venue provision (also significantly diluted from previous bills) was deleted. In fact, the only controversial provision that made its way into the final bill was the “first to file” provision. Most of the other minor changes in my March 2 post remain intact as well.


Now, let's look at what goes on in Europe.



EPO



The EPO keeps pretending that it does not accept software patents while bragging about some of them in an MP3 propaganda piece like one which hails Karlheinz Brandenburg, noting:

Karlheinz Brandenburg was not the only researcher working on digital audio coding.


Yes, and they all worked on similar underlying mathematics. This is outrageous because the EPO decided to issue just one person/party a monopoly/franchise on such mathematics. How shameful. The EPO does not serve the public and amid budget cuts it should be made a candidate for shutdown. In response to such congregations of illegitimate power, Google is trying to free multimedia codecs, but there are mixed messages as it also seeks more "defensive" patents. What else can it do? Watch this new courageous piece about the EPO. The "wheel chair arguments for life patents return," FFII e.V. calls out about it. The lawyers cannot ever have enough patents, can they?

“Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.

“One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”

--Richard Stallman



Recent Techrights' Posts

Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
 
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025