Bonum Certa Men Certa

In the Age of Defective Patent Systems, Google Receives Patents to Defend Android From Lawsuits

Linux proponents unite against proprietary aggressors

Soccer



Summary: A roundup of patent news about Android/Linux and some of the latest events that relate to it

THE decline of Windows Mobile and all of its other identities (Microsoft keeps Sevenwashing it) has been so rapid that Windows is now a 1% player in a market that keeps growing and growing.



"Windows Phone reaps what it sows" says one journalist who explains it as follows:

Misunderstood, mocked by its competitors, blocked from the market, and little used by the average user.

Ten years ago, this would have been a harsh but fair description of Linux. Today, however, it's seems perfectly apt to use these labels to describe a completely different bit of technology: the Windows Phone operating system.


Even Nokia cannot save Windows (on mobile phones), so all that Microsoft can do now is become a leech through patents, e.g. via MOSAID and its patent extortion operations (notably Android "licensing"). In this age of many lawsuits that we find in the news all the time we realise that this problem is systemic too. After all, Apple too uses a similar strategy.

Looking at the USPTO for a moment, Matt Asay notes that:

2011: new record in patent grants, tied to Obama's PTO chief not increased filings zite.to/y1nABx <Cue Talking Heads "Road to Nowhere"


Glyn Moody's remark on the same report is sarcastic:

because what the world needs is lots more intellectual monopolies


James Love (of KEI) says:

During patent reform legislation, WH claimed low quality patents are problems. But USPTO just issued a record number.


The FFII asks James: "How do they measure patent quality in the US?"

Here is the report they all link to. It's from a pro-patents circle, known to many as Patently-O (Dennis D. Crouch), and it says:

The USPTO issued more utility patents in calendar year 2011 than in any year in history. The 2011 total – just shy of 225,000 issued patents – is only a small increase over 2010, but towers above all other historic figures. The previous record was set in 2006 with about 173,000 issued utility patents. The dramatic rise in issuance rate is not tied directly to an increase in filings (although there has been a small increase in new application filings). Rather, the two-year increase appears to be the result of regime changes instituted by USPTO Director David Kappos who took office mid-year 2009 after being nominated by President Barack Obama.


the USPTO is a bubble and a sham. The sooner people realise this, the sooner it will be toppled. It serves a conspiracy of monopolies, parasites, and patent lawyers who drive up the price of everything and deny the entry of new competition into the market.

When in the news we see searching as a patent and even business methods as a monopoly we cannot help feeling that one productive response would be to expose the system, not just pertinent companies that exploit it to the extremes and harm Free software more than anything else. The USPTO is very dangerous at all levels because there are lobbyists who use the "USPTO model" to expand this same model to other countries. This include the UK-IPO that we have here in England. As one person puts it, "All in the American mind? US and UK take different approaches to assessing mental act exclusions"; if the unitary patent is passed through, the US may have the whole EU (EPO) assimilate to the USPTO. Already, some software patents are being approved in the UK. This is a new example from the news:

Image processing software not excluded from patentability, IPO rules



An IPO examiner had previously ruled that the invention was excluded from patentability on the grounds that the invention consisted solely of a computer program. Hewlett Packard, the company trying to patent the invention, appealed against the examiner's ruling and the hearing officer has now upheld that appeal on the basis that the invention uses mathematical techniques that are sufficiently technical in nature to avoid being excluded from patentability.

Under the UK's Patents Act inventions must be new, take an inventive step that is not obvious and be useful to industry in order to qualify for patent protection. An invention cannot be patented, according to the Act, if it is "a scheme, rule or method for performing a mental act, playing a game or doing business, or a program for a computer … as such".


Henrion from the FFII writes that:

The problem with the patent system at the moment is that it's being applied to intangibles: software and user interfaces€­


Here is one new example of it:

Lakeside Software, a leader in business intelligence solutions for IT professionals, today announced that the company has expanded its patent portfolio with the granting of a patent for the management of data across multiple computer systems.


Data too has patents on it now? How far will this go? And how abstract a computation is going to be deemed patentable? Oracle pushed copyrights and patents to the edge when it suggested that APIs too can be patented, which they probably can in the US.

We already know that the age of bankruptcy is an age of patent wars and Sun's sale to Oracle had its "defensive" parents turn into hostile. Novell's patents were sold to Microsoft and Apple, too (both companies are FOSS-hostile and litigate against Linux/Android). Here is the new story of another company that ran to the courtroom amid its demise: "The newspaper quoted unidentified people as saing Kodak could seek protection in the next few weeks if an effort to sell a collection of digital-imaging patents falls through.

"Kodak has sold patents valued at millions of dollars over the last several years in a bid to shore up its ailing finances."

It's actually a strong case against patents because companies become just a pile of orphaned patents (Novell included), and in turn this fuels wars, not sparking any innovation at all. Disregard the pro-patents propaganda from lawyers' Web sites and instead watch why they like patents (starting 2012 with patent lawsuits). As one columnist in IDG put it:

When Netscape went public in the fall of 1995, few of us understood that we were entering an era of constant and accelerating change. Since then, 16 years of Moore's Law has given us powerful and cheap hardware. The open-source software movement has made software that's worth millions of dollars freely available to anyone who can click a mouse. As one can see, reducing these natural barriers to entry has made it easier to start a Web services business. These same trends have had an interesting effect on intellectual property strategy.

[...]

Open hostility toward patents from the open-source community and 10 years of judicial infighting over the patentability of "business methods" and other Web 2.0 technologies didn't help matters. Many Web 2.0 companies underinvested in patents, when they should have increased their efforts to secure legal barriers to entry to offset the reduction in natural barriers to entry.


Actually, patents do not work for small players. That's just the lie sold to us by the 1% (or less) who benefit from patents. Here is some more London-based propaganda dressed up as a press release:

The Decision Model is revolutionising Enterprise Decision Management by modeling the business logic (rules) behind key operational and strategic business decisions (http://www.azinta.com/Services/the-decision-model-solutions.html). The recent award of a US patent for The Decision Model to Knowledge Partners International (KPI) triggered an intense debate resulting in some commentators claiming that The Decision Model patent is an IP trap. Suleiman Shehu, the CEO of Azinta Systems – a KPI Consulting Partner, analyses the reasons for this debate and presents the evidence why The Decision Model patent is not an IP trap.


Decision-making as a patent. How about that, ladies and gents?

Moving back to the impact on FOSS, although Apple gets sued for patent violations, the company persists with its support for that same rotten system. "Last week," says one article, "Apple applied to the US patent office to register facial recognition software..."

This affects me personally and professionally, too. "So instead of sliding to unlock the iPhone, iPad, or iPod Touch, one could simply point it at one’s face," notes this article, among others that we mentioned in December. The point they are missing is that Apple gets a monopoly here. It is not good for anyone. Microsoft's identity change to "patent aggressor" is on route as well [1, 2] (software patents). They are goodwill-washing it through gullible Web sites. With phrases like "patent helps", there is clearly not a realistic expectation. And in the face of infographic propaganda from taxmen of technology (lawyers) we fortunately see some infographic sanity and we are able to see to what degree Android is the victim here (victim of Microsoft, Apple, and some of their allies). Google does not get patents anymore; in fact, "Google stopped submitting patents to the USPTO" because it's pointless. To quote: "Software patent wars have always existed: companies fought them (or paid up), sometimes quietly, sometimes making a big fuss. However, something has changed over the last year or so: people started getting directly affected by software patents (ask anybody wanting a Samsung Galaxy Tab in Australia for Christmas 2011...). Lately, two things came to my attention: Google acquired 200 patents from IBM. But, more interestingly: Google hasn't filed any patents over the last several months."

Google does not apply for patents; it buys/gets them instead, usually from IBM [1, 2, 3, 4] under secret terms. An article for background can be found here:

Last year, IBM sold Google 2,000 or so patents ranging from mobile software to computer hardware and processors.


As other reports put it:

Google's quest to build a strong patent portfolio continues with IBM assigning a further 222 patents to the search and advertising company. Details of the transaction have not been disclosed by either party, but the USPTO database shows the patents being transferred on 30 December 2011. This is not the first time Google has acquired IBM patents; over one thousand IBM patents were transferred to Google in both July and September 2011.


Some say that IBM is trying to defend Linux/Android in this case. "A trial date has been set in Oracle v. Google, or more accurately, an earliest trial date has been set," writes Mark Webbink, who remarks on this bit of news:

SAN FRANCISCO (Dow Jones)--Google Inc. (GOOG) and Oracle Corp. (ORCL) have been scheduled to go to trial over an intellectual-property dispute related to Google's mobile phone software in March, a development that could start to draw the lengthy spat between technology giants to a close.


There is a theory that Google's new patents from IBM are capable of helping in this case (IBM is an Oracle competitor), but as the FFII points out, "Arms trading is a sustainable business but still mere economic efficiency waste."

We shall assume that IBM's interests in this case are in alignment with Linux interests. As we explained some days ago, there is apparently also an Android lawsuit (if not several) brewing against Microsoft and Apple. It's getting rather interesting.

Recent Techrights' Posts

IBM, Running Out of Things It Can Sell, is Selling Software Patents
IBM is not just pathetic; it's actively harmful because it lobbies for software patents and spreads software patents around
The 'Church' of Moglen/Stallman
'reunion' with Eben Moglen
Microsoft Has Fallen to #3 in Singapore
There are many technically talented people in Singapore or overseas workers who lodge in Singapore
 
As Expected, Facebook Collapses, Microsoft Hides Massive Debt
GAFAM is a giant mountain of debt
At The Register MS "PARTNER CONTENT" Means Company Writing Fake Articles About Itself and Its Own Products
At The Register MS, content-farming has become a thing
Staff of EPO Cautions Against Unlawful Weaponisation of PIPs Against Industrial Actions That Protest Corruption
PIP-like sanctions against anybody who does not toe the line of Cocaine King?
Gemini Links 29/07/2026: Star Trek, Retirement, and ODEs in GNU Octave
Links for the day
Links 29/07/2026: "BuzzFeed Lays Off 33 Percent of Remaining Staff" (Trying LLM Slop Some More), Scam Altman Mocked by the Media
Links for the day
GNOME Curated and Censored by IBM (Under the Guise of "Code of Conduct")
Felipe Borges (IBM) has just posted a follow-up
Digital Mass Surveillance as a Hallmark of Failed Societies
"small leap forward in tech ethics"
I Found a Typo, Don't Vote!
Social control media isn't good at adding any meaningful signal
Jeremy Sands Explained the Harms of Codes of Conduct
next week the 500th show milestone [is reached]
Tonight's Earnings Report From Microsoft and Facebook ('Meta') Will be Faked Because They Hide Almost a Trillion Dollars in Debt
The US economic system is only as honest as the people who govern it
The Vacuum Syndrome
Parables help
The Only Old People Who Can Survive IBM Are the CEO and His Circle of Enablers
very similar to what's happening at the EPO
Microsoft Layoffs Aren't Done Ahead of the Need to Tell Shareholders About "Efficiency" (Tonight)
Microsoft layoffs won't be "Done" until what's left of Microsoft is "None"
Microsoft Lacks Growth. Ahead of 'Results' The UK's Competition and Markets Authority (CMA) Finds Merit in Allegations Slop is Microsoft's Excuse for Price Hikes (Piggybacking Vendor Lock-in).
At this stage it's not hard to see why many nations gravitate away from Microsoft
Parliament leaks confidential cult inquiry witness contact list (COFG Victoria)
Reprinted with permission from Daniel Pocock
Troll-Feeding is Time-Wasting
in social control media
WordPress is Technical Debt
There are a number of technical tasks underway and maybe some testing (this coming weekend or later)
Will Red Hat Still Exist in 2027 or Just Become a "Brand" at IBM?
Whistleblowers told us IBM was laying off about 500 Red Hat engineers earlier this year
Call for IBM Whistleblowers
If you work for IBM and have something material (like balance sheets) to prove financial misconduct, please try to 'touch base' and establish a secure communication channel we can both use
EPO Series on EU and Pan-European Corruption, Vote-Rigging, Extending Beyond the EPO Itself
By Saturday it will be August already, so we'll start preparing for Rianne's birthday
SLAPP Censorship - Part 133 Out of 200: Lies by Omission
As usual, the other side wants people to ignore how much they lost
European Patent Office (EPO) Series: Streamlining the Decision-Making Process
Negrão was one of 17 applicants for the position but he somehow managed to end up as the sole candidate on the shortlist prepared by the Management Board in June 2020
Links 29/07/2026: "Hugging Face Has a Deepfake Nudes Problem" and "$1.5B Anthropic Copyright Infringement Ruling" (Plagiarism is Not "Training")
Links for the day
Comments on Today's Judgment
It hopefully helps clarify what actually happened
Thank You, Andy
Burnham and "Tech Rights"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part II - 77 Messages Sent, Did Not Even Investigate or Examine Any of the Actual Evidence (British Taxpayers' Money Wasted)
SRA has become known (even notorious) for inaction
Inevitable Politics
In technology, provided the work you do has growing impact (we served almost 2 million requests yesterday), things will inevitably become more political - whether you like it or not does not matter
Not Only "Loonies Take on Farage"
pretending that the opposition to the right wing is "Loonies"
Brigading Against Women - Part I - Bypassing the Legal System by Threatening Companies in Another Continent
In the next part we'll begin to connect Lozza's online activities (and court activities) to those of Garrett
IBM is Trying to Turn Debt (Borrowed Money) Into Fake Growth and It'll Worsen Matters
they put in their balance sheets a fake "growth" in something that does not even exist
Microsoft Relies on Misleading Narrative of Studios Going 'Independent'; in Reality There Are Mass Layoffs in Them
This is not a good narrative for Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 28, 2026
IRC logs for Tuesday, July 28, 2026
Gemini Links 29/07/2026: Arosa, Tired Tuesday, and Constellation Browser
Links for the day
In IBM, PIPs and RAs (Layoffs) Have Become Almost the Same Thing, Workers 'Expire' With Age (Seniority, Experience) and Empathy is Punishable by Termination
IBM does seem like a dead company
At Microsoft, PIPs Are Sometimes Known as "LITE" (a Silent Layoffs Legal Hack or a Shrewd Workaround to Skirt WARN Act)
Zero "layoffs" to report
Gemini Links 28/07/2026: “Strategies Against Algorithms” and DIYers
Links for the day
"Social Dialogue" With the Man Who Never Faced Real Competition at the European Patent Office (EPO), He Buys the Voters and Eliminates Rivals
Will the "Pretender" write back?
Digital Restrictions (DRM) and Microsoft: What Kills XBox Will Kill Windows Next
Microsoft wrongly and very arrogantly assumed that users would tolerate everything it throws their way
GNU/Linux in Afghanistan Reaches 7%
For many years it was stuck at less than 1%
Greenwashing Corruption With a "Chief Sustainability Officer", Who Infamously Defended Battisetelli's Crimes at the EPO and Petitioned for Him
She was rewarded for conspiring against EPO staff, as usual
What I Explained to Police About Blackmail and Death Threats via Burner Accounts (a Practice Which Generally Constitutes a Crime)
Today I've communicated several times with police
Links 28/07/2026: "People’s Claude Chats Are Publicly Accessible Online" and SpaceX Stock Crashes Like Its Products
Links for the day
UK tech sector missing from democratic process
Reprinted with permission from Daniel Pocock
How Not to Cover Elections (Democracy Relies on Reliable, Complete Information)
Misinformed voters are a recipe for disaster
Microsoft E.E.E. (and "Bait and Switch") Going Exactly According to Plan
That is what they are trying to tell us and the companies that employ us
IBM: An Old Company That Hates Old People
Remember that's coming to Red Hat workers in 2 months
Strict Policy on Violence and Violent Language
This matter is now being escalated to law firms
Avoiding Discrimination Against People With Disabilities
work underway to improve the system which runs the sites
Links 28/07/2026: XBox DRM Doomed Everyone (Cannot Play Anything), Slop (Ponzi Scheme) Being Pinkwashed Now
Links for the day
Gemini Links 28/07/2026: Ethics, GIMP Script-Fu, SMTP Versus Gemini, and Proposal for Better TOFU
Links for the day
To a Sociopath, Ethical People Are Bad People. Don't Fall for It.
If you put sociopaths on a pedestal, the pedestal will break
Improving the Static Site Generator
Our system has fixes triaged
Diversity in Debian
bringing up the topic is the real problem, diversity itself is a taboo subject
GNU/Linux in Brazil. The B in BRIC(S).
the "market share" is assessed to be around 5%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 27, 2026
IRC logs for Monday, July 27, 2026
Hate Consumes the Haters
If you hate someone (or something) and you're willing to do anything for "hate rituals", then at the end the emotion will outweigh reason and it'll backfire, surely
GNU/Linux Rises Some More Internationally, statCounter Now Estimates Its Usage on Desktops/Laptops at 7.7%
significant growth for GNU/Linux in Japan, China, Thailand, Vietnam, Indonesia and Cambodia
IBMers on PIPs and the Age (or Cost) Factor
People in their 50s seem to be targeted as they are considered "expensive"
Sad State of Troll-Feeding British Media (Establishment Channels Promoting Total Idiots)
Breeding ignorance means people will assume they have a choice between two pieces of trash: "Nige" or a literal trash can
Links 27/07/2026: Sleepless Japan PM Takaichi Becomes Unpopular and Data Centre Magnate Confiscate Land Without Consent
Links for the day
A Few Hours Ago The Register MS Published an 'Article' With "AI" 32 Times in It, Including First Word in Headline and Summary. It Was Paid SPAM "Sponsored by Hammerspace".
The lost media is engaging in self-harm
Microsoft is Down
This relates in a timely fashion to what we published yesterday
In Techrights, Gemini and HTTP/HTML Are Very Different
Those were never equivalents or mirrors, those are two things that are inherently different and are maintained by different teams
Gemini Links 27/07/2026: Gemified Internet RFCs, “Junk DNA” Is Commented-Out Code, and More
Links for the day
The Techrights Gemini Capsule Was Never a Mirror
Techrights has long taken accessibility quite seriously
Americans Are Not Our Masters
If you are subjected to online abuse, don't give up
Daniel Pocock Campaigns Around "Safety of Children Online" and "Cybersecurity"
There seems to be a growing 'coalition' in the UK based around important issues which impact the entire planet
XBox the Console is Practically Finished (Unofficially), Even the Streaming ("Live") or DRM Service is Dead
XBox has never been closer to profitability
Many CEOs Are Just Glorified Scammers With Suits and Ties
Economies cannot function when few people abuse them for self-enrichment
After statCounter Figures Out Many "Unknowns" Were in Fact GNU/Linux the "Market Share" Estimate in China More Than Doubles
Japan is the same for similar reasons
peppe8o - a Site About Raspberry Pi, Arduino and Electronics - Has Turned Into a Slopfarm
We won't be linking to it anymore
Feeding 'the Children'
Maybe some time soon we'll do a fund-raiser to help feed the birds
Japan: GNU/Linux Crosses the 5% Threshold, Two Years Ago It Was Only 1%
Now it's at over 5%
We Need More Transparency
Our heads of state are very much aware of and concerned about SLAPPs and censorship
"The War on Children" Explained by The Cyber Show
Consumer protection and the war on children
EPO Cocainegate and Current EPO/EU Series to Carry on for Months to Come
Another week has begun
When IBM "Managers Have to Mark 15% of Their Teams as Low Performers" a PIP Means Likely Layoffs (Disguised as a Performance Issue)
"IBM is a Law firm with an I/T department."
Links 27/07/2026: Chatbots Lead to Suicides, Social Control Media Intentionally Designed for Addiction
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 26, 2026
IRC logs for Sunday, July 26, 2026