Bonum Certa Men Certa

Linux Heavyweights Speak Out Against Patents

Rob TillerSummary: Tiller and Zemlin join the movement against patent monopolies that impede development

QUITE a few Linux figures -- Torvalds included -- speak out against software patents this month. This becomes an urgent matter because of what happens in the market.



Firms whose main or only business is arms trade of patents make their appearance and patent battles go further by targeting increasingly abstract ideas. Consider this from the news:

Patent disputes are nothing new in the technology market, but they have typically centered around consumer product usability and design. Now, IBM partner BrightStar Partners (BSP) is under fire for its work on IBM Cognos analytics software--and the suit comes just as BSP is set to be snapped up by electronic component distributor Avnet. In a world where solving problems seems to always involve lawyers and courtrooms, what does this latest patent problem mean for midsize IT?



Rob Tiller, self-professed "Rock Star", asks about abolishing software patents -- an issue that he and Red Hat have been rather equivocal about (Red Hat follows IBM's lead). Tiller writes:

The paper by two distinguished professors of economics, Michele Boldrin and David K. Levine, is titled The Case Against Patents. Boldrin and Levine review some of the lamentable realities of the U.S. patent system, including the dramatic increases in issuance of patents that block future innovation, and in the quantity and cost of patent litigation. They also point out that patents are often detrimental to consumer welfare, as once-but-no-longer innovative companies use patents to block competitors.



The corporate press is promoting patents again, only to meet reality check:

CNN Counts Patents, Mistakes Them For Inventiveness



For many years, we've pointed out that the research shows that patents are not a proxy for innovation. In fact, they're not even clearly correlated. There is no link between the amount of innovation and the number of patents received. The only thing that patents seem to spur is... more patents. But... because patents are often falsely associated with innovation and because they're easy to count, it's a very easy way for the lazy press (and politicians) to assume that they're showing how innovative a certain geographic region might be. We've actually called CNN out on this lazy trope before, but it hasn't stopped them from coming right back and posting a silly article about the "most inventive states" based entirely on patent counts.


Patent maximalists infiltrate patent panels, only to be called on it:

We've been talking a fair bit about the UN's International Telecommunications Union (ITU) -- the legacy group that's been around in one form or another for over a century and a half, trying to regulate how telco systems work across national borders. Much of the concern has been about its plans to expand its purview over the internet.


Wired is to start a whole series of articles about the patent problem:



We already know the patent system is broken. And it desperately needs to be fixed: Patents affect and will continue to affect nearly every technology business or product we use. So for the next few weeks, Wired is running a special series of expert opinions – representing perspectives from academia to corporations to other organizations — proposing specific solutions to the patent problem.


Patents are on their agenda as an alternative form of protectionism. Now that Free software is under attack from patents we must make it a priority to tackle this whole issue. Apple is trying to ban Android devices around the world while Google (Motorola) is battling Microsoft in court. Usefully enough, despite funding from IBM, Intel and other promoters of software patents, Mr. Zemlin speaks out against patents (he abstained from that several years ago):



The innovation and collaboration inherent in Linux and open source technologies can also fuel scientific breakthroughs and a burgeoning economy, but that innovation and collaboration is being threatened by a culture of paranoia and exploitation of the U.S. patent system. A recent New York Times story reported that Apple and Google are spending more on patent litigation than on research and development (R&D). The story also pointed to data from Stanford University: $20B has been wasted on patent litigation and patent purchases in just two years - in just the smartphone market.

This starts to illustrate why the U.S. has lost ground in the global science and technology space.

Most importantly and most disturbing, though, is how this culture of paranoia is discouraging our would-be entrepreneurs, the individuals who form the foundation of our economy, who are the most innovative among us, and who understand the power of collaboration. The same New York Times articles tells the story of Michael Phillips who, after spending three decades developing software that began to attract the attention of both Apple and Google, was targeted by a patent owner. At this point in any scenario like this, the options for the entrepreneur are limited: death by lawsuit (go bankrupt trying to pay fight the case) or succumb and turn over all your hard work. In Phillips’ case, he ended up selling his company to the patent holder.



How timely must this lawsuit be. Microsoft's slaves at Nokia are said to be making Android devices more retarded. There are workarounds though, as "[t]he word “mobile telephone” is mentioned four times in the Nokia patent, but obviously it says nothing about tablets. The wording of the Nokia patent could very well be why Google left the feature off of smartphones. If Android-based phones would have supported multiple users it could have opened up the door to a lawsuit, or even required Google and its partners to pay licensing fees to Nokia. Keep in mind this is just speculation at this point."

Microsoft's co-founder is also suing Android with some software patents. Here is the latest on that:



Interval Licensing's infringement suit against AOL, Apple, Google and Yahoo! moves forward, the stay pending the USPTO reexamination outcome having been lifted. Now it is on to claim construction, and not surprisingly the parties have highly divergent views of what the claims mean or if they mean anything whatsoever (i.e., they are ambiguous).



Watch what Apple has just patented:

Referred to as "Touch screen device, method, and graphical user interface for providing maps, directions, and location-based information," the patent, which was awarded by the U.S. Patent and Trademark Office, describes -- as one might expect from the title -- the way in which maps, directions, and location-based information are displayed on a touch-screen-equipped device.


Apple has already used such patents offensively. These can be assumed to be a weapon. Techrights will focus on the issue of patents until it's properly addressed by governments; the goal now is to educate people (voters). Many were smart enough to understand what Novell's deal with Microsoft was all about.

Recent Techrights' Posts

SLAPP Censorship - Part 29 Out of 200: Violent Language Won't Go Away When You Use It in Your Site, Blog, and Social Control Media
abuse began in 2012 because I had politely and accurately criticised Red Hat
Lacking Business Model, Bluesky Has Become Slop and Gravitates Towards Plagiarism, Bots
LLM slop/plagiarism under the guise of "Artificial Intelligence" (AI)
 
Free Speech in the United Kingdom When "Chilling Effect" is Increasingly Prevalent
If politicians cannot even use a term like "parasitic behaviour", then where do we as a society end up?
Oracle Lays Off Because of Debt and Commercial Issues, Not Slop
Like Scam Altman, Larry Ellison hangs around Cheeto King because he could use some bailouts in the form of government contracts or phony money with an incredible name like "Stargate"
The Real Reason Many Sites and Forums Shun Microsoft Lunduke
When forums say that they banned Microsoft Lunduke or don't want him mentioned it's probably because they are familiar with the "stench" that follows him around
Gemini Links 01/04/2026: Hallucinations, Stitching, and Type Systems
Links for the day
Lots of Layoffs at IBM, "Media Blackout" About Mass Layoffs at IBM's HashiCorp and Confluent Last Month
IBM is a dying company circling down the drain while manipulating or paying the media to pretend everything is fine
Microsoft Under Investigation by the UK's Competition and Markets Authority (CMA) for Abusive Tactics
What's noteworthy is that this is "set to begin in May"
Sounds Like Red Hat (IBM) Layoffs in Slop Clothing
This is an IBM policy. They try to justify staff cuts.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 31, 2026
IRC logs for Tuesday, March 31, 2026
In Time for April Fools (and Easter), 30,000 Oracle 'Pink Slips' While People Are Asleep
Oracle probably has no choice but to fire a ton of people
Gemini Links 31/03/2026: Five Years on Gemini (Rob's Gemini Capsule), OFFLIFIRSOCH 2026, and More
Links for the day
Slopfarms Persist, But Google Seems to Have Delisted Many
We are still checking
Links 31/03/2026: More Energy Shortages Noted, Taylor Swift Faces Trademark Infringement Suit
Links for the day
Chaff, Slop and Spam Help Distract From Parallel Crises at IBM
IBM seems very eager to undermine discussion about what goes on inside
IBM-Spawned Lexmark Sold, Then Came Mass Layoffs, Now the CEO Who Did This is Leaving
IBM is really not a magnet for talent at this point
Not April Fools But April First: Red Hat Staff Becoming "IBM"
claims of mass layoffs set to kick off at IBM some time soon
Gemini Links 31/03/2026: Antenna Packed Up, AuraGem and AuraSearch Maintenance
Links for the day
Links 31/03/2026: More Social Control Media Bans, BBC Now Run by GAFAM (US) Executive
Links for the day
'Broligarchs' Don't Want Science, They Want Entertainers to Entertain Them (and Make Them Richer)
Of course this will result in things getting worse in the sciences and everyone who relies on the sciences
When Republics Turn From Democratic Governments Into Imperialistic Dictatorships
What goes on in the US would require talking about politics
Companies That Have Nothing Except Buzzwords and Promises Will Perish
Dishonest media will perish along with the companies it is covering up for
The Solicitors Regulation Authority (SRA) to be Grilled in Two Weeks' Time by the British Government for "Recent Regulatory Failures"
we escalated to our politicians
GNU/Linux Will Thrive as Long as It's Modular, Not Monolithic
To IBM, it's all about money. Nothing else matters.
EPO "Cocaine Communication Manager" - Part X - People Are Leaving
"I was happy to be at the EPO in the beginning, but since I realized it's all a big mafia"
IBM's 33 Years as a "Financial Engineering" (Accounting Tricks) Company
In relation to Red Hat, this "financial engineering" involves culling many workers and trying to replace them with slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 30, 2026
IRC logs for Monday, March 30, 2026
Links 31/03/2026: Rising Costs, Cyberattacks, Novo Patent Expiry
Links for the day
Gemini Links 31/03/2026: American Spring, Distributed Systems Simulator, and Calculus for Electronics
Links for the day
SUEPO Central Made a Strike (or Striking) Success
Europe has more than enough qualified patent officials
IBM Layoffs and Their Expected Scope in April 2026
Such layoffs impact not only IBM "proper"
SLAPP Censorship - Part 28 Out of 200: Facing Consequences for Impersonation and Worse
It's not "funny". It is moreover libellous.
Links 30/03/2026: South Korea Next to Curb Social Control Media Addiction and Manipulation, Notorious Patents in the US Challenged
Links for the day
Gemini Links 30/03/2026: Going Back to Wrist Watches and Why LLMs in Programming Suck
Links for the day
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day