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

WordPress Becoming What We Feared It Would Become
WordPress and other such bloatware (WordPress used to be fast and light) are moving in the same trajectory that GAFAM leads
Call for European Patent Office (EPO) Whistleblowers
The European Patent Organisation (EPO) might not reform the Office
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Sirius Open Source's Latest Report: Fake (False) Number of Staff, Almost No Money in the Bank, Overdraft, and Growing Debt (About £100,000 More Borrowed)
massive (and still growing) debt
European Patent Office (EPO) Series: Photo-Ops Galore and Suspicions of Influence-Peddling
coverage of the EPO's Croatian junket
 
Sabine Hossenfelder Versus IBM Scamming Shareholders
IBM has become a garage of BS
Some XBox Layoffs Underway, At Least Five Studios to be Shut Down
Insiders are in a state of panic
Gemini Links 30/06/2026: Music Theory, Addiction, Clown Computing
Links for the day
Links 30/06/2026: France Recorded 1,000 Excess Deaths During Heat Wave, Slop Replaced by Human Staff
Links for the day
People Given the Totally Wrong Idea That "Secure Boot" is About Security (It's the Opposite, It's About Handing Control Over to NSA/Microsoft)
"Secure Boot" with capital "B" is conflating compromise with security.
Today The Register MS is Publishing Fake Articles About "AI", 100% of All "Content"
Maybe the media is dying because it is selling its soul [...] The Register MS has no standard
America Has Cost Europe Too Much
Countries ought to be controlling all their own systems
GAFAM Debt Will Surge, in July We'll Know by How Much
Do not fall for slop or sloppy narratives
Too Many "Marketers on the Payroll" at IBM, Selling Impossible Products That Cannot be Delivered or Will Never Deliver
IBM is rotting away
Media Says Microsoft's (XBox) Layoffs May be Record-Breaking
think somewhere in the range of ~5000 for gaming/XBox alone
Links 30/06/2026: What's Wrong With EU Age Verification, RSA Keys with Many Zeros
Links for the day
This is Not a Security, This is a Circus
Security does not mean "asked Microsoft for permission"
Communities Need Strong Leadership, Not Dictators Like IBM
Leadership in Free software is not ownership [...] Fedora will only last as long as IBM can somehow make some money out of it or leverage it to attract sharecropping
Patents Are Not "Cash Cows"
People who deliberately don't understand patents (or believe lies about them) will fail to understand how the world works (or does not work)
Sad Lives of People Who Think Women Are Just Sexual Toys (All They Have is Money)
money is still a man-made concept and life is finite
SLAPP Censorship - Part 123 Out of 200: Why Violence Against Animals Matters
Starting tomorrow (Wednesday) we'll begin telling stories about what happened last week
EPO Staff Union's (SUEPO) The Hague Committee, With Help of Lawyer, Challenges Lack of Rewards for Hard Work
The EPO is not about granting valid patents anymore. The horse-trading corrupt officials just see the EPO as some thing that "prints money"
Massive EPO Demonstration Today
It'll start in about 6 hours
More Layoffs in Microsoft's PR Department, Even Ahead of 'D-Day'
Notice they are not even waiting for the official date (nor week)
Gemini Links 30/06/2026: Music and Broken Hearts
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 29, 2026
IRC logs for Monday, June 29, 2026
Gemini Links 29/06/2026: Using More of GPLv3+ and Merits of Security by TOFU
Links for the day
Links 29/06/2026: Lemote Yeeloong Laptop With OpenBSD, Slop Ruins Code/Development
Links for the day
Antisocial People With No Computer Science Background Are Ruining the Technology Space (Like Officials With No Experience in Patents Destroyed the EPO)
This is a real issue; it needs to be widely recognised and tackled
DDoS Attacks Are a Crime and They Only Increase Interest (Intrigue) in Their Target
Information cannot be DDoSed out of reach/existence, except temporarily
Pushing to the Top
Publishing is about exposing corruption
Whistleblowing and Retaliation by Microsoft Workers Against Microsoft Seems Increasingly Likely
some will go to the press, looking to expose some shenanigans
How Long Can a Company Delay Its Financial Report That Likely Confirms Exodus of Staff, Growing Debt, and Other Problems?
Brett Wilson LLP was meant to release its annual report some time early this month
SLAPP Censorship - Part 122 Out of 200: Garrett's Solicitors Confirm That Garrett is Ban-Evading and Spying on Our IRC Network
his solicitors basically acknowledge this
European Patent Office (EPO) Series: Networking With the National Delegates
António Campinos with a prime opportunity to network with the Administrative Council delegates and lobby for his reappointment
PIPs and "Retirements": IBM Layoffs in Anything But Name
That former Red Hat (now IBM) staff threatens to put my wife and I in prison is worse than cruel
Contact Members of the EPO Administrative Council, Tell Them the EPO (Office) Became a Disgrace and an Enemy of Europe's Citizens
If you live in Europe (not just the EU, even Turkey is included), please contact your delegates
The World Needs GNU/Linux for Security, Turn Off "Secure Boot" (It's the Opposite of Security)
They call it "Secure Boot", but what does it mean to say "Secure" when you actively opt for back doors controlled by Microsoft, the FBI, and many more parties?
In Signal of Weakness or Phasing Out XBox (Not Sustainable, According to the CEO) Microsoft "Pauses New Third-Party Game Pass Deals"
Moments ago
Two Pieces About "AI" This Morning Were Paid-For SPAM at The Register MS
The Register MS is the "Tech News" publisher you can pay to promote your company and even key-word-stuff pages for SEO purposes
Week of Microsoft Layoffs, Maybe Record-Breaking Scale
They will mislead about the scale
Links 28/06/2026: More Om Malik Eulogies, Cloudflare Promotes Web Browser Monocultures
Links for the day
IBM's Alderon as "Silent Layoffs", Not Just Bailout From Taxpayers
Seeing through the noise
'Modern' Web: "Stop! You Are Browsing Too Fast!"
Can the Web ever recover from this?
Pensions Tied to Ponzi Schemes Are Themselves Ponzi Schemes
Pensions are becoming more like that as well
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day