Bonum Certa Men Certa

FOSS at Risk From Software Patents, Which Are Still Being Promoted by Bristows, IAM, IBM, and Steve Lundberg (Frequent Villains)

Flipping pages



Summary: Patents on trivial and/or abstract ideas implemented in code still a major barrier to Free/libre software (FOSS) adoption and we look at who's promoting them, alongside the UPC in the case of Europe

VARIOUS patent offices, the EPO and USPTO for example, try hard to grant software patents even when the courts oppose. What do they care as long as they get their money and let the defendants deal with all the chaos and foot the legal bills (an externality to the patent offices)? The EPO's President is totally clueless about it and the former Director of the USPTO is now a lobbyist for software patents, which are verboten in Europe. What a rotten state of affairs. The main problem is, Free/libre software developers (more so than proprietary software developers) have their projects literally killed (shut down) by software patents. We gave many examples of this over the years. This often happens quietly, either because the prospective plaintiff demands silence or because there's fear of retaliation from the plaintiff (sometimes a patent troll and sometimes a real company like Shazam [1, 2, 3]).



"The main problem is, Free/libre software developers (more so than proprietary software developers) have their projects literally killed (shut down) by software patents."FOSS Force has this interesting new article which we need more of. Not many FOSS sites even bother discussing software patents anymore (Groklaw has been inactive for years) and we still deem it the #1 subject when it comes to FOSS domination (not everyone agrees with us), hence we cover it so frequently.

“Ninety-one percent of the votes cast so far indicate our readers think software patents remain a serious issue, even if the situation has somewhat improved over the last several years.”
      -- FOSS Force
"There is no doubt," FOSS Force wrote, "that there have been many developments on the patent front that have been beneficial from a free tech standpoint. There was the 2014 Supreme Court ruling in Alice Corp. vs. CLS Bank, which immediately made a slew of patents unenforceable. This decision invalidated so-called “abstract” software patents, which basically sought patent protection for merely moving established but previously non-computer procedures to a computer (i.e., bookkeeping “on a computer”). Other developments include online retailer Newegg’s decision several years back to take all disputed patent infringement claims against it to court instead of settling. Although the results of this decision have led to a mixed bag of results, with notable wins and losses, it’s undoubtedly caused the trolls to think twice before threatening the company."

Here are some figures that are based on a new poll: "We quietly put the poll up on our front page on Thursday morning. Ninety-one percent of the votes cast so far indicate our readers think software patents remain a serious issue, even if the situation has somewhat improved over the last several years."

There is some perception that things are improving, but where? Maybe in the US, owing to Alice. But what about Europe? Bristows LLP is nowadays promoting UPC (and hence, by extension, software patents) and one of its employees, who habitually defends software patents, has just published an article about the US bill which advocates going after patent trolls (or patent lawsuit venue) instead of patent scope, hence somewhat of a distraction from the core problem. To quote a portion:

Currently, a patentee can commence a patent infringement action in any district where the defendant resides or does business (i.e. where its products or services are available) (see Federal Circuit's 1994 decision in Beverly Hills Fan Company v Royal Sovereign ) and VE Holding v Johnson Gas (Fed Cir 1990). The rules have made it possible for the Eastern District of Texas, for example, to become so popular (for an entertaining 11 minutes, see John Oliver's Last Week Tonight on Patents). The goal of the VENUE Act is to limit the ability for patentees to abusively forum shop (which can be interpreted as stopping patent trolls from targeting patentee friendly courts). Similar legislation was introduced in the Innovation Act (H.R. 9 - see also here), but that has stalled (as has the companion PATENT Act (S.1137) before the Senate). Some commentators consider that the VENUE Act is an attempt to get some form of patent reform through the 114th Congress before everyone loses interest to the election. By dedicating itself to only one issue, instead of several, this may increase its prospects of success.


This might help impede trolls (not altogether stop them or squash their extortion/rackets), but it does nothing whatsoever to tackle issues pertaining to patent scope. Meanwhile, earlier today IAM said "NPE" instead of patent troll (yes, again!) in relation to the far east. To quote: "In Taiwan, companies are watching the US environment as closely as ever - some of the biggest names among them have been frequent targets of NPE litigation. Now, there’s a cautious belief that this threat has already peaked and that aggressive NPE assertion will continue to decline. There’s evidence that some Taiwan companies perceive some of the risk shifting to Europe, with entities from the island upping their applications for European patents by about 12% in the past year. Many others, however, are taking more of a wait-and-see approach, not least because of the considerable cost involved in European filings. With the UPC agreement currently hanging in the balance, that caution may well be warranted."

As a reminder, here's why they can't say "troll" and instead say NPE (editor in chief denies the issue and trolls are a funding source). It sure looks like Asian companies too are worried about US patent trolls. Notice the part at the end there about the UPC, which would open Europe to a lot of litigation by patent trolls (even from abroad). It doesn't seem to be a cause for alarm among patent lawyers, who simply stand to gain from it. Steve Lundberg, a loud proponent of software patents for many years now, is happy to be blessed by IAM (another loud of proponent of software patents, see the right column in this new post) and he now grooms Schecter from IBM (now an aggressor with software patents, as several recent lawsuits show), who is evidently pleased with that. All those lobbyists, think tanks, patent pundits etc. who effortlessly show their strong bias on the topic oughn't be ignored because they profit from it and they try to change the public perception/consensus. IAM is paid by the aggressors and the trolls (even the big and notorious ones like MOSAID); it still promotes software patents in this month's magazine/issue. So does the EPO (see for example the UPC propaganda in page 4 of this newly-advertised EPO publication); when will EPO stop acting like a UPC lobbyist, having already done so for many years?

Shaming of those who are promoting software patents without having written a single line of code in their whole life isn't confrontational or rude. It's necessary because there's a coup going on and unless software developers (not necessarily just FOSS) stand up and fight back they'll pay the price in the long run. Their money will flow to patent lawyers, patent trolls, and software monopolists. ⬆

Recent Techrights' Posts

Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
 
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026