Bonum Certa Men Certa

Google Gets Told Off -- Even by the Typically Supportive EFF and TechDirt -- Over Patenting of Software

Jarek Duda
Source: Jarek Duda's homepage



Summary: The EFF's Daniel Nazer, as well as TechDirt's founder Mike Masnick, won't tolerate Google's misuse of Jarek Duda's work; the USPTO should generally reject all applications for software patents -- something which a former Commissioner for Patents at the USPTO seems to be accepting now (that such patents have no potency after Alice)

THE EPO is not allowed to grant 'pure' software patents; the USPTO, if it was to fully embrace Alice, would not permit this either. In practice, however, they nowadays rely on buzzwords, as we shall explain in the next post. To bring up again an example that we mentioned the other day, Uber is trying to call software patents something "AI", basically patenting bogus, abstract ideas (courts would definitely reject these).

"The Supreme Court no doubt 'upsets' the status quo and pisses off the patent maximalists, but that's just the law."The term "AI" comes from CNN, which has just published "Uber wants to patent a way to use AI to identify drunk passengers" (AOL went with another kind of headline). Still just a patent application, CNN says that "[t]he patent application describes a system that learns how you typically use the Uber app, so that it can identify unusual behavior. The system relies on an algorithm to weigh a variety of factors, including typos, how precisely a user clicks on links and buttons, walking speed, and how long it takes to request a ride. The time of day, and where a ride is requested may also be considered."

Of course this should be rejected. The Supreme Court no doubt 'upsets' the status quo and pisses off the patent maximalists, but that's just the law. Robert Stoll, a former Commissioner for Patents at the USPTO, now admits (implicitly) that software patents are pretty much 'dead' in the US and trade secrets should be pursued instead. Have such patents outlived their usefulness? His summary at Watchtroll says: "Innovative algorithms and even diagnostic methods may be easier and more effectively protected by trade secret. Trade secret protection avoids the uncertainty of compliance with the vague patentability standard set forth by the Supreme Court."

Coming from a patent maximalist like Stoll, this is pretty significant. These people have seemingly given up. Almost.

It is good to see that EFF staff is nowadays speaking explicitly about "software patents" rather than just "bad patents" (or equally vague terms). Mr. Nazer has just noted: "In an important sense, this is the story of just about every software patent. Almost all of them take the form: Use [existing hardware] and [known software methods and techniques] to get a [fairly unexceptional result]. [...] When IBM is getting 9,000 freaking patents every year, and Google and Microsoft are getting 2,500 each, they are filing applications for every trivial little thing they do."

Well, IBM acts like a patent troll and Microsoft keeps feeding patent trolls whilst also using software patents to blackmail GNU/Linux companies (an extortion racket). Google being mentioned there is noteworthy and we'll explain why in just a moment.

Historically we have been relatively sympathetic towards Linux-powered products such as Android. We openly supported these products knowing that these had been subjected to Microsoft's blackmail. This had an impact on both GNU and Linux (and beyond).

Some hours ago, in writing about Space Data Corporation v Alphabet, Inc. and Google LLC, the Docket Navigator revealed that Google seemingly suspects that it is being sued by proxy (maybe by Microsoft). We say Microsoft because we already have extensive evidence that Microsoft does such things, e.g. the SCO lawsuit. Might a company like Microsoft be funding these lawsuits against Google and Android? We know for sure that Microsoft has been feeding patents into the mouths of patent trolls which go after Android OEMs. "The court denied defendants' motion to compel additional discovery regarding plaintiff's litigation funding because defendants failed to establish relevance or proportionality," says the Docket Report. Who does Google suspect to be the financier of Space Data Corporation's litigation campaign? We don't know. But does Google deserve full sympathy? Well, not anymore.

The EFF's Daniel Nazer mentioned the situation we covered earlier this week. He wrote that "Google’s ANS patent only stands out because the real inventor of ANS took every step he could to ensure that the new compression algorithm would truly belong to the public."

"And he also approached the media," I told Nazer, "myself included..."

Nazer highlighted "Google’s response: “but we are applying the technique to video” might not impress a talented computer scientist like Jarek Duda. But arguments like that prevail at the USPTO all the time."

The USTPO profits from issuing lots of bogus patents that courts would invalidate later (if the defendant/IPR filer can afford it). This really ought to stop. Google itself ought to stop as well. TechDirt has just published a complaint about this as well, including this preceding background:

For the most part, Google has actually been one of the good guys on patent issues. Unlike some other Silicon Valley companies, Google has long resisted using its patents to go after others, instead only using the patents defensively. It has also fought for patent reform and experimented with new models to keep its own patents out of the hands of patent trolls. But it's been involved in an ongoing fight to patent something that an earlier inventor deliberately released into the public domain, and it reflects incredibly poorly on Google to keep fighting for this.

A Polish professor, Jarek Duda, came up with a new compression technique known as asymmetric numeral systems (ANS) years back, and decided to release it to the public domain, rather than lock it up. ANS has turned out to be rather important, and lots of companies have made use of it. Last summer, Duda noticed that Google appeared to be trying to patent the idea both in the US and around the globe.

Tragically, this happened just weeks after Duda had called out other attempts to patent parts of ANS, and specifically said he hoped that companies "like Google" would stand up and fight against such attempts. Three weeks later he became aware of Google's initial patent attempt and noted "now I understand why there was no feedback" on his request to have companies like Google fight back against attempts to patent ANS. In that same thread, he details how there is nothing new in that patent, and calls it "completely ridiculous." Despite noting that he can't afford to hire a patent lawyer, he's been trying to get patent offices to reject this patent, wasting a bunch of time and effort.


The bottom line is, irrespective of Google's disgusting behaviour, the USPTO should stop tolerating software patents. These have caused misery and brought about nothing but agony. The Supreme Court made it rather clear that no such patents should be granted anymore (assuming that the patent office does not wish to grant patents courts would later reject). So one might say that the real problem here boils down to the patent office, which Google simply seeks to game/exploit. Like many other companies do...

Recent Techrights' Posts

Adrian & Diana von Bidder-Senn, Debian: detailed history of a death
Reprinted with permission from Daniel Pocock
Rust Keeps Breaking Ubuntu in All Sorts of Extraordinary Ways (and All Distros Based on Ubuntu Will Break Also)
The FSF's stance on this is unclear
With Net Income of One Billion Dollars Tesla Claims It Can Pay a Fake Founder (Who Paid for This Lie) 1,000 Billions
What does this tell us about Wall Street?
The 'Politics' of Operating Systems (or Exclusion for Inclusion's Sake)
This whole 'wrongthink' policing is getting out of hand
The Internet is Becoming Dead or a Zombie
The Internet is becoming like a giant botfarm
Gemini Links 10/11/2025: Homelabs and KeePassRX Manual Now Available
Links for the day
 
Links 11/11/2025: Slop Ruins Music, Facebook "to Discontinue Like and Comment Buttons on Third-Party Websites"
Links for the day
The Voice of Microsoft
Marketing disguised as a science
"MIT Technology Review Insights" is the Selling of Ponzi Schemes for Sponsors (MIT Lacks Integrity)
Just like IBM, they're chaining buzzwords now
Boot-locking Laptops and Desktops After Falsely Marketing That As 'Security' and Not Obligatory
If anyone can confirm this to us
GNU/Linux Cannot Buy Fake Journalism and It Won't Bribe Large Publishers
Free software developers don't purchase "sponsored" placements and that will never change
Static Site Generators (SSGs) Save You Lots of Money and Problems
We've basically reduced the environmental/carbon footprint of the site by a factor of ~100 (2 orders of magnitude)
IBM Does Not Care About Families, Communities, and Even Its Own Workers
Red Hat isn't a family and to believe that it is would be the makeup of cults
Too Much of Today's Web is Fake, Not Just Fake News
We'll continue to advocate for adoption of Gemini Protocol
Simulating a Downtime Tomorrow Night
It is expected that network redundancy will make this maintenance invisible to us, but IRC hangups or general slowness are still a possibility
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 10, 2025
IRC logs for Monday, November 10, 2025
Links 11/11/2025: Conflicts and Politics From National Broadcasters
Links for the day
Gemini Links 11/11/2025: Poetry and Electronics Studies
Links for the day
Apple's Debt Grew by About 16 Billion Dollars This Past Year, "Disappointing iPhone Sales" Reported
People who buy Apple's goods based on some false notion that Apple is "cool" or ethical or "underdog" (late 90s) aren't just living in the past; they're fools
Turning Down Proprietary Software is About Making Society Better
We should not be tempted to shame people for merely trying to keep programmers honest and human rights-respecting
Debian GNU/Linux Became the Most Popular (Most Distros Are Based on It) Owing to Richard Stallman
New presentation
A Day for Poppies
This site will run as usual today. We continue our fight for Software Freedom.
"Modern" Doesn't Mean Better, It Typically Just Means Newer
RMS demonised as someone who rejects "modern society" ("rejecting modern society") by a site that uses slop extensively
The Cocaine Patent Office - Part IV: European Patent Office to Come Under Media and Political Scrutiny
We'll persist until we get some answers
63-Page Response to the EPO's Effort to Decrease the Salaries of Workers While EPO Management Snorts Cocaine for 20,000 Euros a Month
"Read more in these written comments we sent to the members of the GCC"
Response to Another New Hit Piece About Richard Stallman (RMS)
We see similar smears floating about and tackling them can help not only RMS but anyone who thinks similarly about computers
Shrinking and Cheapening the Workforce: the Future of Red Hat and IBM
Does Red Hat cheapen the workforce?
Links 10/11/2025: BBC Turmoil and Iranian Drought Crisis
Links for the day
The Register MS Still Occasionally Uses Slop
some articles don't use real images
Links 10/11/2025: "Scam Altman Gets Served Subpoena" and "China will Rule Renewable Energy"
Links for the day
ubuntupit.com Has Paused the LLM Slop (for Now)
No slopfarm ever offered any real value
More Media Coverage From Austria Regarding Cocaine Use by EPO Management
The ultimate goal is full accountability
Ponzi Economics and the Media's Role in Defending Ponzi Economics
We occasionally notice weak or almost-non-existent coverage regarding the economy
Links 10/11/2025: Very High Windows TCO and XBox Continues to Languish
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 09, 2025
IRC logs for Sunday, November 09, 2025
Governments That Financially Benefit (Profit) From the EPO Have a Long History of Covering Up Fraud and Corruption at the EPO
Many people are aware of it, even some of the biggest EPO stakeholders
Our Time in London
10 Days Ago We Were Down in London
Giving Red Hat a Second Life and Second Chance: Drop the LLM Slop, Stop Publishing Promotion of LLMs or Text Made by LLMs
For Red Hat to earn more trust it needs to quit participating in the biggest "pump and dump" pyramid scheme since the 1990s
Gemini Links 09/11/2025: Garden Room Complete, FreeBSD 15.0 on the ThinkPad T480, and Known Gemini Caspules Sorted by Number of URLs
Links for the day
Links 09/11/2025: Fung-wong Strikes Maharlika, "Open" "AI" Wants Taxpayers to Give It Bailout Money
Links for the day
Links 09/11/2025: "Avoid MSI Graphics Like the Plague", Harms of Social Control Media More Widely Recognised
Links for the day
Rocky Linux's Embrace of Mindless Cargo Cults Will Harm Rocky Linux in the Long Run
focus on technology, not marketing that defrauds many people and plagiarises many producers
Many of Red Hat's Official Blog Posts Seem to be Fake, Written at Least Partly by Bots (LLM Slop)
Can one trust Red Hat on technical things if it cannot even write words?
Suggestions Regarding Techrights Search
In some cases, Daily Links also serve to obscure our original articles
"Open" "AI" is Going Bankrupt, Appealing for Government Bailout
The writings have been on the wall for years
Reaffirming Rumours of More Microsoft Layoffs, Halo Impacted, XBox Business Winding Down
XBox has a huge target painted on its bum
"Secure Boot": Stop Trying to Boot Into GNU/Linux, Use Vista 11 Instead
It's all about reducing the user's cybersecurity under the false guise of improving it
This is What We Always Wanted to Spend Our Time on
2026 will probably be our most productive ever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 08, 2025
IRC logs for Saturday, November 08, 2025
LowEndBox Resorts to Ableism to Smear Software Freedom
Not some "low-level" pundit but an administrator
IBM is Destroying Red Hat (by Extension, It Also Harms GNU/Linux)
IBM is where things come to die, more so in the past decade or so
Austrian Media Coverage of Luis Berenguer's (Top EPO Official) Getting Busted for Cocaine
This wasn't some rich tourist caught by cops, it was a local official whom they busted
This Coming Thursday EPO Staff Meets Online to Discuss the Salaries Going Down While Stoned Managers Increase Their Own
compensation going down relative to inflation and other factors
Misinformation of IBM Spread via LLM Slop
Since a lot of sites now rely on LLMs we can expect the corporations' lies to be perpetuated by bots. That includes the myths of IBM Red Hat.
Gemini Links 09/11/2025: File Managers and DPC Commissioner
Links for the day