Bonum Certa Men Certa

Fighting the Patents Industry Which Focuses on Software

Shield of transparency

Shield of transparency



Summary: A general and short piece about who to target when working to abolish software patents

Patents are the Nemesis of Free (as in freedom) software. But who is it that's really behind patents? There is the systemic component (institutional) and the corporate component. The latter, which relies on the former, is also the one which lobbies the former. One might say that, in the United States in particular, large corporations such as IBM and Microsoft reinforce the patent system for the sake of protectionism*. Rackspace, a smaller company, says the patent system is "legally sanctioned extortion", so we know that the USPTO is serving neither small nor medium-sized companies. One can identify the system as benefiting lawyers, patent trolls, and large corporation which can afford to use the other two groups (trolls are sometimes used as a litigation proxy by larger entities to whom this investment and risk are worthwhile).



I advocate aiming for change in the system, not those who exploit the system. The problem is, those who write the law which makes the system (through lobbyists) are the same entities which exploit it. It is a problem of political entryism -- one that we find in the copyright world as well. Monsanto too made it infamous. The bottom line is, based on my experience battling software patents for nearly a decade, you should always fight at both levels. If you assume that the patent office is controlled by corporations -- which is correct -- then battle that office while also battling its enablers and those whose extortion it enables.

What makes me worried is that patent lawyers have taken over much of the public debate while developers remain apathetic or passive. There is a sense of defeatism. The ills of a system which facilitates government-granted monopolies on abstract ideas which are reducible to mathematics are not to be underestimated. Customers -- not just developers (irrespective of how they develop software) -- should be up in arms over it, but they are not. Well, to be fair, some of them became active after Apple had won the billion-dollar case against Samsung -- a case which has been rotting since then, due to jury/foreman misconduct and crucial patents that get invalidated upon re-examination, proving incompetence at the USPTO.

Unless we fight against software patents, the many patent lawyers who are vocal about it will have the stage dominated by their views. It's not too late to beat software patents in the US, preventing them from spreading further.



___
* IBM and Microsoft also lobby at the EPO (EU) and IPONZ (New Zealand) as multinationals whose interests they believe supersede those of the locals. The EPO and IPONZ enjoy profit from glorification of patents, as seen today right here.



Originally posted in Linux Advocates

Recent Techrights' Posts

Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
 
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to
LLM Slop Not Dead Yet, Examples of Slop About "Linux"
We wish to see the totals down to zero
Links 20/01/2026: Cheeto Blackmails France Into 'Peace' While Looking to Annex EU, Mass Layoffs in Capgemini (Microsoft Reseller/Promoter) in France
Links for the day
Gemini Links 20/01/2026: Boxing and "Inbox Zero" Success
Links for the day
Windows and Slop Declining While Microsoft Silences Critics
Microsoft tries to suppress facts while faking 'demand' by imposing slop on everybody, everywhere
openai.com Traffic Said to Have Fallen 50% in the Past Three Months, Reports Say It Nearly Ran Out of Money to Borrow
After the slop frenzy all we'll have left is environmental destruction
IBM Kills OzLabs, Signalling An Attack on Free Software (a Sign for Red Hat)
ibiblio also appears to have died (or experiences critical issues)
Red Hat Vice President Leaving After Nearly Two Decades
IBM's culture of secrecy is not compatible with Free software
Links 20/01/2026: "ChatGPT Health" (Latest Distraction From Being Insolvent) Flops and Raises Concerns, "The U.S. Military Faces a Reckoning on Greenland"
Links for the day
Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026