Bonum Certa Men Certa

New Disinformation From Patent Lawyers and Microsoft Lobbyists

Microsoft passes angry children a bribe (under
the guide of "contract") to lie along



Boys at the beach



Summary: New developments in the patents arena and what the news sites fail to tell

THE Microsoft lobbyists continue to attack Android and they resort to such ridiculous spin (link omitted on purpose) that the FFII is sharing it for hilarity in the mailing lists. Poor Microsoft cannot come up with a meaningful story against Android, so whenever Google is using patents to defend Android from attacks its lobbyists link to articles like this one and whine senselessly (portraying Google as a patent aggressor). Generally speaking, those types of smears against Android have been muted somewhat because journalists slowly learned who was being paid by Microsoft (Florian Müller, for example, is paid by Microsoft).



Some patent lawyers seek to make a quick buck from the mobile arena, acting as parasites in a thriving market:

Software patent attorney, Steve Aycock today announced the launch of a new law practice which helps people patent their software. The law firm specializes in helping independent inventors, entrepreneurs and start-up companies patent their new technologies including software inventions. Mr. Aycock was a software engineer for ten years before attending law school so inventors will get someone with experience in both software and patent law.


No thanks, Steve, patents are a waste of time for developers. Surely enough this bogus industry of litigation looks to expand by latching onto real industries. From the news we discover that "Venable LLP notably strengthens its patent prosecution and litigation practices with the arrival of three new partners - Michele Van Patten Frank, Toni-Junell Herbert, and Mark Shanks; Of Counsel Therese Finan; and Associate Fabian M. Koenigbauer to the firm's Washington, DC, office."

In other words: prepare for more lawsuits. Oh, innovation, surely!

It's the same in Europe. Patent lawyers (who obviously want software patents in Europe) promote their cause with an analysis that ends with nonsense:

Conclusion. In case of mixed-type invention (such as organisational, commercial or intellectual applications of software), EPO examiners are urged by the problem/solution approach to consider any disclosure of non-technical aspects to the detriment of applicants. Therefore, patent drafters should not at all or only to the absolutely required extent incorporate non-trechnical aspects in the claims or specification.Otherwise non-technical aspects could “devaluate” even important technical claim features.


It is hardly even coherent. Lawyers like to make it sound complicated when in fact the criteria for rejecting a patent can be simple.

Fortunately, more people are able to see past the spin and realise that software patents -- if not patents in general -- have become a burden on society. Tim thinks that the Tea Party should take on the issue too. In his own words:

The debate over software patents does not unite Silicon Valley the way the debate over SOPA does. Rather, the software patent debate pits the patent bar and large software companies like Microsoft and IBM, which have tens of thousands of patents, against rank-and-file programmers and up-and-coming entrepreneurs for whom the threat of frivolous litigation is a growing disincentive to innovation.

But I think this is precisely what makes it a great issue for Republicans—and especially Tea Party Republicans—to take up. There’s a long-running battle inside the GOP between pro-business Republicans and pro-market ones. The former have supported bailouts, corporate welfare, and protectionist legislation like SOPA. The Tea Party was organized in opposition to those things. And in the last couple of years, the Tea Party has had growing momentum.

Here’s how I’d frame the software patent debate if I were advising a GOP member of Congress: Software patents are a bailout for declining software companies that are better at filing patent applications than producing innovative products and services. For example, it’s been years since Microsoft was a major source of new innovations. That torch has passed to younger companies like Google, Facebook, Dropbox, and a revitalized Apple. But Redmond has so many patents (60,000 of them, according to one estimate) that it’s essentially impossible to write software without accidentally infringing some of them. And this means that Microsoft can force any company that beats them in the marketplace to share their profits with them, as it is currently doing to firms that produce Android phones.


If only there was as much public pressure against software patents as there was against SOPA last week...

Recent Techrights' Posts

Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
 
IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026
Monday, January 12, Red Hat Layoffs Allegedly Planned
We'll update this post or follow up if or when we get more information
Slop Still Becoming Rare as Another Week Ends
Generally speaking, calm and quiet is desirable, it's what we hope for (an absence of slop, a lack of need to keep abreast of it, ultimately)
Links 10/01/2026: Iran Offline, Venezuelans Decry Civilian Casualties
Links for the day
GAFAM Wants War
Go war! Go bailouts! Go debt! Go Wall Street!
GNOME Foundation's Microsoft Developer Account
"Lately they're teaming up with Mozilla to eliminate middle click paste - something which I use continuously."
GNU/Linux and Chromebooks Rose to Almost 10% in Haiti
What's noteworthy is that this month GNU/Linux is measured at around 8% and ChromeOS at about 2%
Links 10/01/2026: "Abolish ICE or GTFO", Calls to Ban X/Twitter From Apple/Google App Stores (or Implement National Blocks) Over MElon Turning It Into Non-consensual Deepfake Porn Site
Links for the day
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day
Plot Twist: Microsoft MSN Relays Articles Hinting at or Pointing to Mass Layoffs Soon, Other Gossip
the narrative from Microsoft's "PR bunny" (Shaw) is showing mold already
Links 09/01/2026: Google and Character.AI Implicitly Accept Chatbots Kill Kids and GLP-1 ‘Slimming Pens’ Turn Out to be a Lot Worse Than Advertised
Links for the day
'Vibe Coding' is Not "AI", It's a Sewer, It is Junk
Linus Torvalds was wrong. 'Vibe coding' isn't good for anything.
GNU/Linux May be Approaching 10% "Market Share" in Montenegro
The surge started around 2021
At IBM, "Employee Reviews" (or Appraisals in the UK) Are a "Trojan Horse" for RAs (Mass Layoffs), a Waste of Time
comments from IBMer serve to suggest that appraisals can be precursors
Links 09/01/2026: Technical Blogging Lessons Learned and Google's Gmail Getting a Lot Worse
Links for the day
More IBM Layoffs in India
If IBM cannot afford to retain workers in India, then something is truly "out of control" at IBM
Escaping GAFAM Colonialism Requires Homegrown Free Software
GNU/Linux now measured at 3% in Zambia
Dr. Richard Stallman Has Done No Harm to the GNU Project or the FSF (He Had Benefited Both, Always, Even After the Attacks on Him Began)
Some people try to prevent Dr. Stallman from speaking or having a platform where many people can hear him
GNU/Linux at 4% in Saudi Arabia, Says statCounter
Some years ago Windows fell to a "market share" of just 11% there
Microsoft Isn't Denying the Mass Layoffs
Still silence from Microsoft
In Western Africa GNU/Linux Flirts With 5% Market Share
there's a gradual increase in GNU/Linux usage there
Gemini Links 09/01/2026: Pro1 X Repair and the Mercury Protocol
Links for the day
Links 09/01/2026: Cambodia and China Extradition, "NATO’s High-risk Patrols Near Ukraine"
Links for the day
No, Microsoft Did Not Deny the Q1 Mass Layoffs (Microsoft Can Delay These)
Maybe they disperse or delay the layoffs (changing plans), but the layoffs are going to happen
Only One Person in Charge of Fedora is Not IBM Staff
This is not a community project, it's just a way for IBM to onboard unpaid volunteers
This Is Not a Drill, GNU/Linux is Really Going 'Mainstream' on Laptops (and Desktops)
It is important to explain to people software freedom
IBM Albany Layoffs
not only did many in the site lose their job; there's more to come "and likely another one in February" (weeks from now)
EPO Workers' Industrial Action to Include Many Strikes, to Last Several Months
In some ways, The Hague and Bavaria are becoming almost indistinguishable from Moscow
EPO People Power - Part XXIX - Getting DER SPIEGEL, FAZ, Deutschlandfunk and Sueddeutsche Zeitung (SZ) to Cover EPO Scandals
We kindly ask our readers to contact their local media and urge it to cover the scandals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 08, 2026
IRC logs for Thursday, January 08, 2026