Bonum Certa Men Certa

2019 in Techrights: New Datacentre, New Focus



Summary: As Techrights continues to grow we move to a new hosting environment and we'll be covering technology a little more than court cases with legalese and pertinent caselaw

SEEING that patent extremists like Gene Quinn throw in the towel after two decades and seeing that patent blogs are becoming a lot less active, we've come to the conclusion that the biggest problems at the U.S. Patent and Trademark Office (USPTO) are being gradually addressed, notably software patents that the Federal Circuit and Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) help squash. We've seen several new examples over the past fortnight, but we're not going to cover these. Instead, seeing that António Campinos promotes software patents in Europe under the auspices of tbe European Patent Office (EPO), we're going to shift focus somewhat. The main difference in the coming year will be less coverage about the US patent system. It's viewed as a lower priority because, as we said a few days ago, "we feel like goals have been fulfilled." If elimination of software patents was the goal, SCOTUS and 35 U.S.C. €§ 101 sealed the deal. Several times earlier this year we pointed out that SCOTUS continually rejects appeals from cases like Alice. It's not interested in reconsideration. Nothing will change.



"IBM has been stockpiling loads of US patents for several decades and even gave some of these to trolls like Finjan."The demise of software patents has expectedly caused the number of patent cases (lawsuits) to collapse and many patent trolls go out of 'business' (it was never a legitimate business in the first place).

David Perry, senior patent lawyer at Red Hat, wrote for CNBC on Boxing Day. Being a lawyer who will soon work for IBM albeit subject to approval in 2-3 weeks' time (IBM is overzealously in favour of software patents), he framed the question as a matter of hirings; this has nothing to do with hirings however. Gross slant from people whose job depends on patent litigation. "Companies lose as much as $80 billion every year to litigation brought by patent aggressors," he explained, perhaps failing to note that his next employer is among those aggressors. To quote:

Tech companies are fighting an $80 billion legal battle to help attract the most talented software engineers

[...]

So-called "patent trolls" may not be top of mind for the public, but they're certainly on the mind of technology innovators. Nine out of the top ten global internet companies — including Amazon, Facebook, Alibaba and Google — and hundreds of other companies (including mine) have joined forces against them.

These trolls – also known as patent assertion entities — acquire patents for the sole purpose of suing other companies for money. They cost companies $80 billion in lost wealth every year, and are responsible for over 85 percent of U.S. high-tech patent litigation.


What about IBM? Look no further (back) than its patent aggression earlier this year. IBM has been stockpiling loads of US patents for several decades and even gave some of these to trolls like Finjan. Then there's the scam which is misuse of patents for tax purposes. Luxembourg, for instance, is still facilitating tax evasion using patents as loophole/cover (there's a patent trolls infestation there). An article by Oliver R. Hoor and Samantha Schmitz-Merle (ATOZ Tax Advisers) alluded to this some days ago:

Therefore, IP rights covered by the new Luxembourg regime are patents defined broadly and copyrighted software. These IP rights fall within the scope of the new regime to the extent that they are not marketing-related IP assets and were created, developed or enhanced after 31 December 2007 (the former IP regime provided the same limitation in time) as a result of research and development (R&D) activities...


These tax breaks are benefiting, by design, the richest people and corporations. The monopolists who can afford loads of patents (like IBM) profit from this.

In the coming year we intend to focus a little less on the US patent system (notably courts and Office). Instead we'll write more about technology companies like IBM and Red Hat, not to mention mischievous Microsoft. EPO coverage will remain unchanged and it will be our highest priority.

A server migration was completed successfully yesterday, but only for the sister site, Tux Machines. We may soon attempt the same with Techrights although this migration will definitely be more complicated for several reasons (3 CMS components, 3 domains and so on). Fingers crossed. Downtime is likely with or without DNS changes taking hours to propagate.

Recent Techrights' Posts

Disposable to Microsoft
There is an extensive set of people who got used by Microsoft, only to be thrown away a month later or a year later or a decade later
The UEFI 9/11 - Part VII - This Coming Week Many PCs Will Refuse to Boot "Linux" (Because of Microsoft's Expired Certificate)
The real solution is, disable "secure boot" or "SecureBoot" while it's still possible. [...] Just like submarine patents, a lot of this problem was "hibernating" for a while
The Thing Nobody in Red Hat Wants to Talk About Openly
There is a real sentiment or worry among Red Hatters, Europeans and Americans in particulars (because of higher salary expectations)
Slopwatch: Small Parade of Fake News About "Linux" and Scams Borrowing the Name (or Word) "Linux"
In practice, LLMs are a risk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 05, 2025
IRC logs for Friday, September 05, 2025
Genini Links 05/09/2025: Community, ROOPHLOCH, and PITkit
Links for the day
Links 05/09/2025: Vaccine Sceptics Poison the Well, Two Exploited Vulnerabilities Patched in Android
Links for the day
Gemini Links 05/09/2025: Logitech Lift and DIY Gemini Servers
Links for the day
Links 05/09/2025: Sainsbury's Caught Spying on In-Store Shoppers and Microsoft "OpenAI is Using Legal Threats to Harass its Critics"
Links for the day
BASIC Predates Microsoft by Over a Decade, Microsoft-Controlled Sites Like The Register MS Don't Want You to Know This
The state of the media is really bad when it relies a lot on oligarchs' money and is appointing editors who are working for oligarchs
Analogies for "Memory Safety" in Rust
Don't worry, it's Rust! It can do anything!
Brian Kernighan, "Only Third to Dennis Richie and Ken Thompson" (UNIX), Agreed With Someone Who Said Rust Was Just Hype, Should Not Replace C
17 hours ago
Reminder: Microsoft's "Secure Boot" Certificate for "Linux" Will be Expired in One Week
Many PCs won't manage to 'rotate' to another certificate
"Many of the Red Hat Employees Are Still Looking for Work"
Shame on IBM's CEO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 04, 2025
IRC logs for Thursday, September 04, 2025
Microsoft Started With Code Literally From The Trash, Nothing Has Improved Since
The reality is, there are systems and code that are reliable. But they're not Microsoft's.
Hypothesis That New McKinsey/Microsoft Executive Inside Red Hat Will Outsource Research and Development Operations to India (Like They Do in IBM)
IBM is floundering
Slopwatch: Scams, Fake Articles About "Linux", Plagiarism, and Worse
Perhaps some time soon the LLMs or the "Big LLMs" will run out of money (to borrow) and go offline, leaving those slopfarms in a tough place
Gemini Links 04/09/2025: Means of Production and Rusting Out
Links for the day
Links 04/09/2025: Science, Hardware, and Eyes on China
Links for the day
Gemini Links 04/09/2025: Digital Minimalism and Social Control Media
Links for the day
IBM's GNU/Linux Divestment, Based on Hard But Anecdotal Evidence (IBM Fails to Recognise How Much Money It Made and Can Still Make From "Linux")
Love us or hate us, a lot of what we've been saying about Red Hat under IBM turns out to be rather accurate
Links 04/09/2025: Massive Microsoft Staff Cuts (Barely Reported), "Strange Conspiracy Theory Is Reportedly Spreading Inside OpenAI"
Links for the day
Activists Can Win, But Keep an Eye on the Ball and on the Trophy
GitHub is dying, it was a loss-making trap, not free hosting
Gemini Links 04/09/2025: Katrina Remembered, Distracted Driving, and Virtual Economics
Links for the day
At This Point It's No Longer Matthew Garrett But People Who Fund Matthew Garrett (or Companies That Fund His SLAPPs Against My Wife and I)
The only thing worse than misogynists are misogynists who fail to respect other people's right to go on holiday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 03, 2025
IRC logs for Wednesday, September 03, 2025
The UEFI 9/11 - Part VI - This Serious Harm Was Planned for Over a Decade, Not an Accident or Merely Some Misfortune
The term "Serious Harm" is legally meaningful here
GNOME Unfit for Diversity and Inclusion
GNOME's leadership is using "bad words"
Brodie Robertson Addressing the Recently-Discovered Comments
Most people probably knew nothing about this until he wrote a response
Red Hat QA Team "Had Shrunk by Half Over the Past Year." (After IBM Divestment)
If Red Hat's workforce is being moved to the East, then RHEL can become a national security problem
Slopwatch: "Open Source" and "Linux" News Faked, Made by Bots and Entered Into Google News
Spam combined with slop about "Linux" has entered Google News