Bonum Certa Men Certa

Patent Lawsuits Against Linux, Android; Call for Pressuring of Politicians

Monopoly (uniformity) versus openness and diversity

Mangos



Summary: A mixed roundup of news and analysis affecting the growth of Linux

THE REALITY of "patent wars", as a Microsoft-friendly site put it (especially in smartphones), is being realised by more and more people. "An infographic showing who is suing whom and who is selling patents to whom shows that patents are indeed a source of much friction and the only likely winners are the lawyers." This is the description of this recent article which helps illustrate just how harmful patents have been, unless we take into account a patent lawyers' perspective. In this post we'll present some news with evidence-based material that can help support an appeal to authorities.



Over at Groklaw, the biggest lawsuit against Android is being covered only to say that: "The judge in the Oracle v. Google litigation has denied Oracle's risible renewed motion for judgment as a matter of law under Rule 50(b), one day after Oracle filed its reply to Google's opposition to it. No ruling in Oracle's favor, therefore, will be forthcoming, and no new trial. Also, no hearing on the 26th. The judge didn't need to hear them jabber on about all this in person, at further expense to both sides, before making his decision."

“The judge in the Oracle v. Google litigation has denied Oracle's risible renewed motion for judgment ...”
      --Groklaw
Recently, one writer questioned Larry Ellison's motives for filing this whole bogus lawsuit. We have always suspected that his best friend Steve Jobs played some role in this decision. To quote the writer however: "IT SEEMS that Oracle's lawsuit against Google over its use of Java in Android has fallen apart. Although the trial is still ongoing, and the judge has yet to hand down an important copyright ruling while the jury has yet to return its verdicts on patents and damages, if any - it's already apparent that Oracle is unlikely to win billions or even millions of dollars from Google, and it's possible that Oracle might lose entirely.

"This lawsuit is rather important, however, if only because it has raised the spectre that software APIs might be found subject to copyright. As many people have already noted, that would have dire consequences for interoperability and software freedom throughout the IT industry. It would put into play programming languages, the interfaces of software stacks and potentially even the internet itself.

"All kinds of APIs could suddenly become targets for the extraction of licensing fees and endless litigation. That could effectively destroy the entire software industry and stifle innovation for years, creating a terrible dystopia.

"While that depressing vision might not in fact develop if APIs are deemed copyrightable - and it seems unlikely that Judge Alsup will rule that they are, given that US copyright law has always considered them functional elements and not creative expression that's deserving of copyright protection - that's what Oracle has argued for in its lawsuit against Google."

Oracle's case is weak and meanwhile the main party benefiting from it is Apple. After the lawsuit against Google some said that software patents as a whole were discredited.

More recently, the judge in another case against Android explicitly questioned software patents (well done, Mr. Posner), noting in an actual column (rare for a judge) that "there are too many patents in America (that is his headline, see a printer-friendly version for future reference). "Recently," says the judge, "while sitting as a trial judge, I dismissed a case in which Apple and Motorola had sued each other for alleged infringement of patents for components of smartphones. My decision undoubtedly will be appealed, and since the case is not yet over with it would be inappropriate for me to comment publicly on it.

"But what I am free to discuss are the general problems posed by the structure and administration of our current patent laws, a system that warrants reconsideration by our public officials.*

"U.S. patent law confers a monopoly (in the sense of a right to exclude competitors), generally for 20 years, on an invention that is patented, provided the patent is valid -- that is, that it is genuinely novel, useful, and not obvious. Patents are granted by the Patent and Trademark Office and are presumed valid. But their validity can be challenged in court, normally by way of defense by a company sued by a patentee for patent infringement.

"With some exceptions, U.S. patent law does not discriminate among types of inventions or particular industries. This is, or should be, the most controversial feature of that law. The reason is that the need for patent protection in order to provide incentives for innovation varies greatly across industries."

Over at Groklaw, another valuable reference was provided for the new work from Boston. To quote: "Jim Bessen and Mike Meurer have published their latest paper examining the impact of "patent trolls" (they politely refer to them as Non-Producing Entities or NPEs) on our national economy. Entitled The Direct Costs From NPE Disputes [PDF], the paper examines the direct costs of patent assertions by NPEs against operating companies, i.e., companies that actually make things to earn their revenues. More on the Bessen/Meurer paper in a bit.

"In the meantime, Prof. Colleen Chien of the Santa Clara University School of Law is conducting a survey on the economic impacts of patent litigation on the economy, and she could use your help. Prof. Chien is particularly interested in survey responses from start-ups and small companies. Respondents need not be patent holders or in the technology business. If you know of anyone who could provide a useful response, please encourage them to participate.

"Now, back to the Bessen/Meurer paper. Here are some of the highlights:

* The number of defendants in NPE patent suits doubled from 2009 (approximately 2,700) to 2011 (more than 5,800).

* Direct costs of patent assertions by NPEs are cost our national economy more than $29 billion dollars a year, and that tab also doubled from 2009 to 2011.

* Much of the burden of this NPE litigation falls on small and medium-sized companies. 82% of the defendants, accounting for 50% of the defenses, had median revenues of less than $12 million a year.

* They find little evidence to support the contention that NPEs promote invention. [Why am I not surprised?!]"

“They find little evidence to support the contention that NPEs promote invention.”
      --Groklaw
So now we have both judges (lawyers) and scholarly people (academics) telling us that the system is broken. In order to ensure this does not spread to Europe, please, our dear European readers, consider writing to politicians whom we named.

A month and a half ago we saw Kelora losing a patent for it being “obvious”, leading to the question, are "Software Patents In Danger?". To quote: "As software patent litigation ramped up over the past few years, software patents have come under the microscope within the technical community. Many investors and technologists believe that software patents should be abolished all together, while others take the less extreme position that many software patents are obvious over known prior art (“prior art” being earlier publications that show a patent is obvious or not new). Courts are increasingly cognizant of these criticisms.

"Though it is unlikely that software patents are going away any time soon, as the recent summary judgment in eBay v PartsRiver (PartsRiver is now known as Kelora) demonstrates, courts are beginning to do a more thorough job of applying the obviousness standard to software patents."

Right now we must work to squash software patents while at the same time ensuring we can compartmentalise and contain this virus, simply by preventing our politicians from being bamboozled. The evidence is overwhelmingly on our side. We need the voices though. As we'll show in a later post, Microsoft lobbyists are paid to speak about patents on 'our behalf', at our expense, resulting in great disparity (or distortion) between public policy and public opinion.

Recent Techrights' Posts

IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?
Giving a Voice to the Community (Even When It's Inconvenient or 'Scary')
Once upon a time we were threatened with deplatforming for merely reposting articles by Daniel Pocock; we no longer have this problem
Judgment: French army vanquishes German FSFE on Hitler's birthday, Microsoft contract dispute (1716711)
Reprinted with permission from Daniel Pocock
 
Links 25/01/2026: Microsoft BitLocker Backdoored for Decades Already, Microsoft-Backed ICE Still Murders Civilians
Links for the day
Gemini Links 25/01/2026: "Expert in a Dying Field" and Global Commands
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
Projection of Fanatic From Microsoft
Microsoft Lunduke is pandering to the 4Chan 'crowd'
Digg.com (Digg) is a Censorship Platform, Just Another Social Control Media/Network, Controlled by the Few
We are not going to bother with any social control media
Spam, Slop, and Fake 'Articles' Regarding "Linux"
Serial Sloppers like these are harming real reporting about Linux and GNU
Rape investigation dropped: Will Fowles & ALP transgender deception
Reprinted with permission from Daniel Pocock
Diversity, Grooming & Debian transgender Zero
Reprinted with permission from Daniel Pocock
Pauline / Maria / Alice Climent(-Pommeret) & Debian transgender offensive cybersecurity deception
Reprinted with permission from Daniel Pocock
Did judge with transgender sister & Debian conflict of interest help cover-up a death?
Reprinted with permission from Daniel Pocock
Links 24/01/2026: CBS News Demolished From the Inside and Many Publishers Admit Layoffs
Links for the day
Gemini Links 24/01/2026: Dreams and Raspberry Pi Zero 2W
Links for the day
Richard Stallman's First Talk in US College Since 2018: Videos and Photos
There are some backstories
Judge Richard Oulevey (Grandcour Choeur, Tribunal Vaud) & Debian shaming abuse victims and witnesses
Reprinted with permission from Daniel Pocock
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
Links for the day
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"
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026
Senior management and HR email privacy: Martin Ebnoether (venty), Axel Beckert (xtaran) & Debian abuse in Switzerland
Reprinted with permission from Daniel Pocock
Pierre-Elliott Bécue, ANSSI & Debian cybertorture
Reprinted with permission from Daniel Pocock
MJ Ray, Micah Anderson & Debian on drugs, prostitution at DebConf6 fight
Reprinted with permission from Daniel Pocock
Excellence in Ethics: a list of victories for the truth
Reprinted with permission from Daniel Pocock
Richard Stallman Giving Public Talk, Answering Questions From the Audience
We understand (from the organisers) that there will be a video of the talk
Forbes Covers in 2026 What Was Already Clear for Over a Decade: Microsoft's BitLocker 'Encryption' is a Back Door
One that's promoted by the loudest boosters of UEFI 'secure boot' as well
The Grapevine Says IBM's American RAs (Mass Layoffs) Soon to Follow European RAs, PIPs and "Reviews" as Pretext for a Likely Baseless Dismissal
The days of honourable corporations and work ethics are long gone it seems...
Links 23/01/2026: Minus 24 deg C in South Korea, "Iran Internet Blackout Passes Two-Week Mark"
Links for the day
Gemini Links 23/01/2026: "Witch Watch" and English on the Net
Links for the day
Reminder That "Linux" in the Site's Name (and Domain) Does Not Imply Authentic Journalism About GNU/Linux
the sad fact that some once-legitimate sites became slopfarms
Further Comments Illuminate Observations Regarding IBM's Layoffs (RAs) Plan for Europe
Some shed light on the expected scale
Links 23/01/2026: Growing Censorship, Intel Falls (Another Bubble, Propped Up by Cheeto Bailout), and Huge GAFAM Layoffs Continue
Links for the day
Working for Freedom Makes You a Target
it's not about what you do but about who gets served
Appeasing Bullies Doesn't Work
The reason we're still here and very active is that we're good at what we do
Claim That IBM Mass Layoffs Began Again in Europe, With Rumours It'll Close Offices
Unless IBM issues a statement (admission) to the media or issues WARN notices (in the US), the lousy media will simply assume - however wrongly - that nothing is happening and there's nothing to report
How Microsoft Will Tell Shareholders That the Business is Failing in a Few Days
It'll resort to "AI" storytelling (lying about slop having potential for some unspecified future year)
Flying to See Today's Talk by Richard Stallman
It's probably not too late to reserve a seat for today's talk
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026