Bonum Certa Men Certa

Patent Trolling a Growing Problem in East Asia (Software Patents Also), Whereas in the US the Problem Goes Away Along With Software Patents

Section 101 is like patent reform 101

Korea software patents



Summary: A look at two contrasting stories, one in Asia where patent litigation and hype are on the rise (same in Europe due to the EPO) and another in the US where a lot of patents face growing uncertainty and a high invalidation rate

AS SOFTWARE DEVELOPERS often insist, copyrights are enough for them. These protect against misuse, plagiarism and so on. Software patents, given the inability to inspect binary files and properly study them, don't add any more protection.



A patent law firm from South Korea (i.e. parasites that make no actual software) started the week by trying to make a case for software patents (see the above screenshot). Here is the opening part which speaks of rejection of such patents:

In recent years, there has been substantial interest in changing existing law and practice in order to expand the protection for computer program inventions. The Korean Intellectual Property Office (KIPO) sought to enact such a change by officially releasing its revised Examination Guidelines for Computer-Related Inventions on July 1 2014. Three months later, an amendment bill to the Patent Act was submitted to the National Assembly, which attempted to broaden the scope of protection for computer-related inventions (eg, by opening up the possibility of patentees bringing infringement claims against online sellers of an allegedly infringing computer program, something which would not be subject to infringement liability under the guidelines). The National Assembly seemed to recognise that the proposed amendments could have profound effects on the software industry and thus rejected them, noting that more opinions from the industry were needed to gain a consensus on this issue.


As we have already seen in the case of LG and Samsung, Microsoft utilises software patents so as to extort OEMs in South Korea and this month it is pursuing even more money, in essence trying to tax Linux (we wrote about that twice last week). In addition to that, Microsoft creates and arms patent trolls that go after Linux and/or Android. We gave many examples of that in the past and earlier this month we warned that patent trolling was becoming commonplace in China and other countries in east Asia. IAM 'magazine' does not quite see what the problem is and today it has this new article about a silent passage of patents to Oppo, after concerns about the US ITC targeting companies in Taiwan (where many products are actually made) without even a proper trial, imposing massive sanctions that are absolute and ruinous. When companies such as Microsoft use the US ITC in an attempt to simply embargo the competition, using patents that are often dubious (USPTO does a shoddy job), everybody loses. Regarding the problem of trolls in Asia, we see more and more articles from IAM. In the US, says IAM, trolling activity has gone down and Joff Wild finally uses the T word (troll):

The week before last I hosted a webinar for IAM Market entitled Readying a Patent Portfolio for Sale: What You Need to Know to Be Successful. Over 350 people signed up to get the materials and the recording, while close to 200 listened live as presenter Kent Richardson, a partner at Silicon Valley-based Richardson Oliver Law Group, talked through his slides and then answered questions from me and from attendees. It was a fascinating hour, which my colleague Jack Ellis has written up in a blog for the IAM Market knowledge centre (where there are also details about how you can get hold of the presentation, talk and interview).

This week I am in Gothenburg for the CIP Forum and yesterday at a session about defensive patent aggregation something that Kent (who is also here and took part in the session) said during the webinar came back to me. As a firm that does a lot of transaction-based work, ROL closely monitors activity in the patents sales market, in particular packages being offered by brokers. IAM subscribers will know that each year ROL produces an update for us about the activity it is seeing in areas such as pricing, sales rates, package sizes and so on – the next one will be published in issue 81 of IAM, which comes out at the end of November. One of the things it is set to show, Kent stated in our conversation, is that prices finally seem to have stabilised, essentially because they probably could not go any lower, and that for the first time it looks like operating companies are buying more than NPEs are.


Coming from a trolls denialist, the above is interesting. If it's true that trolls have shrunk somewhat (in terms of activity like litigation and acquisitions), then we suspect it has a lot to do with the demise of software patents, as we foresaw all along. Later today we'll show how the US patent microcosm tries to change things for the worse again.

Recent Techrights' Posts

UEFI "Secure Boot Doesn’t Play Nice at the Moment"
UEFI "Secure Boot" does not improve security. It's an artificial obstacle in service of monopoly.
If You Want to "make your 'Windows PC' lean, mean, and fast" You Will Install GNU/Linux or Some BSD
That kind of article says a lot about IDG
"Bad Shim Signature"; So 'Secure' That It Overrides Users' Preferences and Turns Itself Back on (Coercive Measure)
This was a few hours ago
We Covered UEFI 'Secure Boot' Scandals. The World Listened.
To hell with UEFI 'secure boot'
 
Satya's Plan B: Try to Hide the Massive Extent/Scale/Scope of Microsoft Layoffs
fewer people buy Microsoft
Red Hat News About De Facto Mass Layoffs (Bluewashing) Gone From Reddit (Censored by Gatekeepers), Still Online in The Register
With RTOs, PIPs, relocation etc. expect IBM to "shed off" many Red Hatters
Gemini Links 14/09/2025: ROOPHLOCH, Music, and Reddit
Links for the day
Slopwatch: Google News Infested With Slop (About Half of the Results for "Linux" Today)
This is the sort of junk one finds when looking for "Linux" in Google News these days
Links 14/09/2025: Ricky Hatton Dies and McDonald's Declares War on Tipping Culture
Links for the day
Links 14/09/2025: Disasters for CEOs Obsessed With Slop and Slop Companies School Like Fish
Links for the day
"Bad Shim Signature" (Microsoft 'Secure' Boot)
"Fresh install not booting"
What Microsoft Garrett and Microsoft Lunduke Have in Common
Similar tactics, different "wings"
Links 14/09/2025: US "Economy Sagging", "Michigan Economy Wobbles From Tariffs"
Links for the day
Gemini Links 14/09/2025: Minimalist Snippet Manager and Omarchy Linux
Links for the day
The Face of the Digital Far Right: Microsoft Lunduke
Microsoft Lunduke is an online extremist that belongs to and panders to the far right
20 Years Later and Academia Isn't the Same
"I never dreamed of being a professor"
'Cancel Culture' by the Right: Microsoft Lunduke Contacts People's Employers Trying to Get Them Fired
Microsoft Lunduke panders to extremists online
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 13, 2025
IRC logs for Saturday, September 13, 2025
Microsoft is Rapidly Dropped From Web Servers, Shows Survey
Microsoft lost about 8% "market share" in just 3 months
Many GNU/Linux Users Report MOK (Machine Owner Key) Issues in Recent Days
many people don't report this online and never post in Reddit
Links 13/09/2025: Escalations in East Europe and POTUS’ Health Cover-Up
Links for the day
Gemini Links 13/09/2025: Lagrange Turns 5 and Lagrange 1.19.2 Released
Links for the day
Microsoft Inside Your Linux: "Security vulnerability that allowed an attacker to bypass UEFI Secure Boot."
2 hours ago
A New Low for "Linux Journal": Promoting MICROSOFT WINDOWS Using LLM Slop
They've just jumped the shark entirely
Fake News With Fake Numbers About Microsoft
"This is what happens when the world's economy is governed by sick old men"
Slopwatch: "Google News" is Fast Becoming a Mashup of Slopfarms, Linux Journal ("LJ") is a Dump of LLM Slop
Well done, Google News. Google itself can flourish as a slopfarm mashup.
Torturing Users Who Just Want to Run GNU/Linux on Their Own PC
"Linux does not want to install"
The Register MS Still Takes Money to Hype Up "AI" in Articles by Microsoft Resellers With the Term "AI" 30+ Times in Them
Notice how many times they mention "AI"
The Apache Logo News is VERY Old, Racists and 'Anti-Woke' Bigots Look for Something to Incite Other Bigots With
Nothing to see here, move along
Linux Mint 9/11: "4th One Today..." (in Reddit)
Remember that not everyone having an issue reports it to social control media like Reddit
Nepal Will Fall Without a Single Shot Fired, Thanks to Social Control Media
Or very few shots (by the authorities)
European Corruption in the European Patent Office (EPO) Targets Culture
"In reality, the project includes a new “legal instrument” shifting administrative burden and liability on EPO staff while creating new uncertainty and externalising Amicale activities."
European Authorities, Already Bribed and Infiltrated by Microsoft, Won't Help You Find BigBlueButton, Jami, Ring, and Jitsi
Because they're paid by Microsoft and are Microsoft 'addicts' themselves
UEFI Secure Boot Failing, as Expected for Nearly 15 Years Already (Techrights Said This Since 2012)
in the media
Debian 9/11
people report this issue
Gemini and Web Links 13/09/2025: MElon's Slop Grift and "Autonomous Trains"
Links for the day
Moving From Content Management Systems (CMSs) to Static Site Generators (SSGs) Saves You Time, Makes You a Lot More Productive
try to reduce the cost (financial and computational) of running your site
Pursuing Peace Through Violence
You cannot "see" a person's mind, until the mouth opens
Leak: European Patent Office (EPO) is Now Attacking Amicale Clubs
corruption has become the norm and scientists are robbed of any dignity
Can We Please Stop Celebrating Shooters?
"An important point to hammer on is that CoCs were never intended for uniform or symmetric application"
Oracle Fraud (or Defrauding Shareholders)
"the obvious [lie] is that watts are (wasted) electricity [and] and FLOPS are computing capacity"
Geminispace is Growing Faster in 2025 Than It Did in 2024
What matters is that corporations haven't ruined it and LLM slop is extremely rare
Links 13/09/2025: China Punishes for 'Negative' Posts, US Police Unable to Find Shooter
Links for the day
Who's the Mystery Financier of SLAPP Against Techrights and Is That a Millionaire/Billionaire?
Whose idea was it to fund meritless lawsuits against my wife and I?
Slopwatch: Slow Slop Day
This distracts from or may take traffic away from the original articles, actually written by actual people
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 12, 2025
IRC logs for Friday, September 12, 2025
CoC Gone Wrong: Celebrating Murder OK, Complaining About the Celebration Gets You Banned
Hopefully the NixOS Foundation will have a word with (maybe replace) the moderator/s
Gemini Links 12/09/2025: Familiarity and Secondary Dominants
Links for the day
Explaining (in Length and Depth) the Damage Matthew Garrett Did to Linux and to GNU/Linux Users
no matter how many threats we receive
Links 12/09/2025: "Bad Reviews" as Extortion Weapon, "Free Speech At Risk in America’s Schools" According to ACLU
Links for the day
Only One Speaker Does Not Do Sharecropping for MElon (in X.com)
The man who puts principles before PR/optics
The Mind of the 'Hulk Hogan of UEFI'
in a nutshell
A Day After "UEFI 9/11": UEFI Secure Boot Bypass
In the news today (right now), as published in the past few hours
Links 12/09/2025: Slop Code as Liability, Microsoft Outlook Down for Many
Links for the day
It's Still Not to Late to Turn Off "Secure Boot"
If people reboot their PC or server today, and it relies on "Secure Boot" on Sept. 12 or later, then depending on the firmware there may be trouble ahead
Links 12/09/2025: Shira Perlmutter is Back, “Software Per Se” Patent Rejections in In re McFadden
Links for the day
Slopwatch: Linux Plagiarism, Slopfarms Still Infesting Google News, Many Images Are Fake
Google is promoting plagiarism
"This Morning Might Turn Out to be an Interesting One for System Admins Who Haven't Updated Their Devices' Secure Boot Certificate" (If They Reboot)
Who asked for this anyway?
Gemini Links 12/09/2025: Metric System, Dumping Windows, and Software Architecture is Dead
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 11, 2025
IRC logs for Thursday, September 11, 2025