Bonum Certa Men Certa

A Demise of the Patent Plot Against Linux

Apples in basket



Summary: As misconceptions about the patent systems get removed and Google's patents heap expands massively, a ban of Android devices proves counter-productive to Apple and there appears to be a growing push for reassessments, even from Google

JUDGING by the news, patent unrest has become part of the national debate and agenda. As always, lobbyists try to reverse this trend.



Microsoft Florian is still up to old tricks (see the comments too) and his lobbying agenda provides new distortions from a former Microsoft lawyer who helps distract from analyses of the Motorola deal. A known foe of the patent systems writes:

So let’s get this straight. Apple and Samsung are suing each other, while Apple relies on another division of Samsung for key parts. Apple and Microsoft–and apparently RIM–are using patents aggressively to stop competition, despite each having been hammered hard by others (including patent trolls) for patent infringement. Google, who seems to want patents for defensive purposes, lost out on the Nortel patent shield (acquired by its competitors Apple, RIM, Microsoft, etc.), but has paid billions of dollars now for patents from IBM and even from Motorola (recently its patent enemy), and may pay more for Interdigital’s patents–in a continuing escalation of the patent war in the smartphone segment of the market.


It all helps substantiate calls for a fix to the patent system, which has become a tool for Apple's litigation and blocking of competition. Giga Om indicates that Apple's embargo attempts are failing because the claims are weak and Apple's fabricated 'evidence' can only make matters worse. Glyn Moody's latest analysis goes along the following lines:

In the present case, that Community design [.pdf] consists of a drawing of a rectangular tablet with rounded corners and a border. That's it: it's as vague as a very vague thing can be, but apparently it's enough to get Samsung's tablet blocked in Europe because they, too, are rectangular with rounded corners and a border.


"The European Commission has created a monster here," explains Moody, "one that most of us (myself included) didn't even know existed. Clearly, this horror needs slaying before it starts marauding through the entire European economy, wreaking havoc on a scale that makes today's patent litigation look like playground fistifcuffs."

The Inquirer says that the ban has already been partially lifted and one GNU/Linux advocate notes that "[e]ventually Apple will have gained nothing from this litigation except some hefty legal bills."

"The Android army marches on...."

Peter Köhlmann, a German GNU/Linux advocate, says: "The whole thing is a riot. It has been the *wrong* court from the start. If apple wanted to ban the device in Europe, there is exactly *one* court which is applicable: The Trade court in Alicante / Spain

"And for Germany the Düsseldorf court was also the wrong one, they must use the one in Frankfurt, because that is where Samsung/Germany is located.

"So expect a *very* costly decision for apple to chose the wrong court and, to top it a little, use manipulated evidence."

With over 650,000 activations a day, Android is now making Linux very prevalent on mobile devices while the Microsoft-boosting cult promotes Microsoft's patent propaganda book. How shameful. They just cannot advise people to buy Windows phones, so they try to assure Microsoft tax on Linux.

Google is meanwhile exploring routes to defanging patent trolls, which Motorola's patent portfolio cannot be effective against. Katherine Noyes uses the whole case to say that this is why we need to kill all software patents. "If there's any lesson to be learned from Google's news-making activities these past few days," she explains, "it's that software patents are a problem."

"The most recent illustration, of course, is Google's $12.5 billion purchase of Motorola Mobility, clearly a strategy for gaining the latter's considerable catalog of patents."

Mike Masnick adds that startups needing patents is a myth too:

While I'm not as much in agreement with the crew of folks who likes to separate out "software patents" from the rest of the patent system (the whole system is broken), I can see serious problems with the way that "software" is patented these days. I tend to think that the fix isn't to carve out software patents, but to fix the whole system itself. Still, if we look at what are generally considered software patents, it does seem clear that they are doing tremendous damage to the industry and innovation as a whole -- and thus are very much in violation of the Constitution's patent clause which only allows for a patent system if it "promotes the progress." Tim Lee points us to James Besson's most recent paper, in which he analyzes a generation's worth of software patents and shows how such little most in the software industry actually seem to want patents. In fact, it's mostly those outside of the industry who obtain software patents.


Patently-O joined this debate about software patents by pointing out that:

In an important decision, the Court of Appeals for the Federal Circuit has rendered many broadly written software patents invalid under 35 U.S.C. €§ 101 as interpreted by Bilski v. Kappos, 130 S. Ct. 3218 (2010). Most patent decisions involve questions of whether an invention is obvious under 35 U.S.C. €§ 103(a) or sufficiently described under 35 U.S.C. €§ 112. Section 101 asks a slightly different question – whether the patented invention is the type of innovation that properly fits within our patent system. In language virtually unchanged for over 200 years, Section 101 indicates that a patent should be awarded to the inventor of "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof." Over the years, courts have repeatedly held that Section 101 bars the patenting of 'laws of nature, physical phenomena, and abstract ideas.'


So that ought to exclude mathematics, which is what a lot of software essentially implements at a lower conceptual level.

The USPTO says it has granted 8,000,000 monopolies on ideas so far. Does that actually promote progress or only an illusion of advancement? At Microsoft, patents used for vapourware is still the modus operandi, perhaps for PR purpose. Everything for mobile patents blackmail and Windows 8 hype. Hopefully the next version Windows will emulate the mobile platform and suffer a similar fate. It seems like neither Apple nor Microsoft could face Android without some legal harassment, and that too is ultimately failing because Google found armament opportunities. Interesting times ahead.

Comments

Recent Techrights' Posts

"Open" "AI" is Going Bankrupt, Appealing for Government Bailout
The writings have been on the wall for years
"Secure Boot": Stop Trying to Boot Into GNU/Linux, Use Vista 11 Instead
It's all about reducing the user's cybersecurity under the false guise of improving it
LowEndBox Resorts to Ableism to Smear Software Freedom
Not some "low-level" pundit but an administrator
This Coming Thursday EPO Staff Meets Online to Discuss the Salaries Going Down While Stoned Managers Increase Their Own
compensation going down relative to inflation and other factors
Misinformation of IBM Spread via LLM Slop
Since a lot of sites now rely on LLMs we can expect the corporations' lies to be perpetuated by bots. That includes the myths of IBM Red Hat.
 
Governments That Financially Benefit (Profit) From the EPO Have a Long History of Covering Up Fraud and Corruption at the EPO
Many people are aware of it, even some of the biggest EPO stakeholders
Our Time in London
10 Days Ago We Were Down in London
Giving Red Hat a Second Life and Second Chance: Drop the LLM Slop, Stop Publishing Promotion of LLMs or Text Made by LLMs
For Red Hat to earn more trust it needs to quit participating in the biggest "pump and dump" pyramid scheme since the 1990s
Gemini Links 09/11/2025: Garden Room Complete, FreeBSD 15.0 on the ThinkPad T480, and Known Gemini Caspules Sorted by Number of URLs
Links for the day
Links 09/11/2025: Fung-wong Strikes Maharlika, "Open" "AI" Wants Taxpayers to Give It Bailout Money
Links for the day
Links 09/11/2025: "Avoid MSI Graphics Like the Plague", Harms of Social Control Media More Widely Recognised
Links for the day
Rocky Linux's Embrace of Mindless Cargo Cults Will Harm Rocky Linux in the Long Run
focus on technology, not marketing that defrauds many people and plagiarises many producers
Many of Red Hat's Official Blog Posts Seem to be Fake, Written at Least Partly by Bots (LLM Slop)
Can one trust Red Hat on technical things if it cannot even write words?
Suggestions Regarding Techrights Search
In some cases, Daily Links also serve to obscure our original articles
Reaffirming Rumours of More Microsoft Layoffs, Halo Impacted, XBox Business Winding Down
XBox has a huge target painted on its bum
This is What We Always Wanted to Spend Our Time on
2026 will probably be our most productive ever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 08, 2025
IRC logs for Saturday, November 08, 2025
IBM is Destroying Red Hat (by Extension, It Also Harms GNU/Linux)
IBM is where things come to die, more so in the past decade or so
Austrian Media Coverage of Luis Berenguer's (Top EPO Official) Getting Busted for Cocaine
This wasn't some rich tourist caught by cops, it was a local official whom they busted
Gemini Links 09/11/2025: File Managers and DPC Commissioner
Links for the day
Links 08/11/2025: Climate Talk Unfruitful, OldVersion.com Archive Facing Shutdown
Links for the day
IBM is Eliminating Red Hat Like It Eliminated Tivoli and Eliminated Cognos
Be wary of IBM
Quitting One's Job Isn't Forbidden, Right?
it's important to remind people that leaving one's job is perfectly OK
Being Absent/Missing From Social Control Media is Not a Sign of Weakness
Broadly speaking, social control media is for losers
Empathy Online
I recently learned from someone that running his Web site might hurt some feelings, even if the writings are truthful
Our Site Search Increases Our Editorial and Informational Independence
Implementing our search facility is a long-term investment
Advocates of GNU/Linux and the Uphill Battles Behind Us
GNU/Linux felt like "activism" 20 years ago. Now it's mainstream.
Cybersecurity Means Real Security, Not Back Doors
Standing our ground on technology and cybersecurity is an uncompromisable stance
Links 08/11/2025: Disinformation Crisis, Denmark Recognises Threats Associated With Social Control Media
Links for the day
The Free Software Foundation (FSF) is Besieged for the Times It Does the Right Things
As that upsets rich people's interests (and they were, at times, sponsors)
Links 08/11/2025: Technical and Financial GAFAM Woes and Arrests of Journalists by Despots
Links for the day
Like SUSE, IBM Red Hat Seems to be Using LLM Slop to Write Fake (Bot-Generated) Blog Posts
IBM Red Hat keeps promoting slop
Corruption is a Reality, It's Not a Dirty or a Strong Word
Corruption is a topic some newspapers shy away from
How German Media Covered Cocainegate at The European Patent Office (EPO)
At some point we'll ask that same press to revisit the issue and this time comment on the EPO connection
Our Launch of Techrights Search Has Been Successful (So Far)
There are about 50,000 articles indexed there, going 19+ years back
Daniel Pocock Explains Social Engineering in Debian and Other Communities Increasingly Controlled by "Barons"
Communities are not corporations
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 07, 2025
IRC logs for Friday, November 07, 2025
Rosanna Yuen & GNOME community triple tricked
Reprinted with permission from Daniel Pocock
Adrian & Diana von Bidder-Senn, Debian: detailed history of a death
Reprinted with permission from Daniel Pocock
Crypto AG tricked ETH Zurich student internship
Reprinted with permission from Daniel Pocock
An Old Story of Fraud at the EPO in the Netherlands (and How the Dutch Government Facilitated It)
We've already mentioned several other scandals where the the Dutch government engaged in fraud and passive corruption
Voicing Concerns About European Patent Office (EPO) in Rijswijk
The report is dated yesterday
Gemini Links 08/11/2025: KeePassRX and Pluribus
Links for the day
IBM Layoffs Not Done, Terminations of Staff in India, Brazil, and Mexico Reported
This hopefully answers questions such as, "do the layoffs only impact US and Canada?"
Slopwatch: Brian Fagioli Targets "Linux" With LLMs, Google News Helps Blame "Linux" for Amazon WorkSpaces Flaws
Tonight's slopfest
Gemini Links 07/11/2025: Switzerland, k3s, and Privacy
Links for the day
Links 07/11/2025: Software Patents Squashed, Stock Markets Wobble Over Slop Uncertainties
Links for the day
A 19th Anniversary and High-Impact Exclusives
The end of 2025 will be very difficult for EPO management
The Register MS, Payroll First
GNU/Linux is a growing platform
Links 07/11/2025: US Government Shutdown Imperils Critical Functions, Slop in "AI" Clothing Debunked Some More, Bubble's Implosion Ongoing/Imminent According to Experts
Links for the day
Gemini Links 07/11/2025: No Goodbyes, Homelab, Mouse Keys / Pointer Keys
Links for the day
12 Years for Justice is Far Too Slow (and More People, Especially Women, Are Hurt)
Why do police departments and legal systems fail to protect women?
Before Freenode Collapsed Its Staff (the People Who Now Run Libera.Chat) Were Censoring/Silencing Some Free Software Supporters
We still have this issue in the Free software community
Freenode and irc.com Are Still Around
It emulates retro terminals
We Don't Compete, We Analyse and Report
Principles are so much better than money and they're something money can never acquire
Red Hat is Also Laying Off Staff in India
Red Hat is a dishonest company
All We Want to See is Any Form of Accountability in Europe's Largest Institutions
Because people at the top of institutions should never be above the law!
Finding Recent Talks of Richard Stallman
We already have many pages, documents, and media files. Organising them and helping people find them is the next Big Task.
Richard Stallman First Speaker at Ethereum Cypherpunk Congress the Weekend After This Coming Weekend
He'll be speaking over the Net
Diversity at Red Hat
Remember to judge corporations by their actions, not some Web pages with words in them
First the Python Software Foundation (PSF) Attacked Its Most Productive Volunteers. Now It Attacks Its Funding Sources.
The U.S. National Science Foundation (NSF) rejected by PSF
News of Substance About the EPO's Substance Abuse (Cocaine)
EPO Cocaine Chronicles - link to archived BILD article and photos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 06, 2025
IRC logs for Thursday, November 06, 2025
On Midlife Crises
Focus on the sabotage, not politics
Hallmark of Fake News: "Single-digit" (Percentage) and 1% Isn't the Same Thing
apparently "rebalancing" is the new layoffs euphemism
Links 07/11/2025: Patent Trolls Target Germany, Celebrities Visit Ukraine
Links for the day
Misinformation/Disinformation Disguised as Information About GNU General Public Licenses (GNU GPL) Usage
GPL-type licences (reciprocal obligations) remain dominant
Slopwatch: LinuxSecurity, Brian Fagioli, and Google News Boosting WebProNews (All Slopfarms)
Those slopfarms just saturate the Web with misinformation and mindless chaff
Techrights and Tux Machines at Over 40
19 years of Techrights and 21+ years of Tux Machines
IBM Mass Layoffs This Week Not Limited to North America, Red Hat Staff Terminated
Do not relocate for a company that sees you as nothing but a number or a "human resource"
Coming Soon: More Proof of Cocaine Use at Europe's Second-Largest Institution
Stay tuned
Entering Our 20th Year
...and still looking for answers