Bonum Certa Men Certa

General Electric Healthcare Calls Patent Trolling “Extortion” (Plus Other Patent News)

Cash grab



Summary: Roundup of news about software patents, trolls, and ambush

SOFTWARE PATENTS are a hot topic at the moment because they may either vanish or invade more countries. They are probably the last obstacle for Free software to clear and they seem also like Microsoft's last resort. Here is a particularly good comment on the subject: [via Digital Majority]

Such a set of instructions is an algorithm, so such a patent could fit some people's definition of a "software patent". Of course, you could try to respond to this by defining software as a set of instructions to be performed by a programmable computer. But this overlooks the problem that most technical processes nowadays are computer-controlled. Again, you could try (as some FFII-backed MEPs did during the CII patents directive debate) to restrict patentability to only those technical processes which make use of "forces of nature". The first trouble here is that even "pure software" makes use of "forces of nature" within the microprocessor. Even marketing processes make use of forces of nature governing our brains. So this could become quite a meaningless restriction, and even if it was applied restrictively it would leave, for instance, sound or image processing methods in a grey area. The current approach of the EPO's Boards of Appeal, which is confirmed by the judges of most EPO states, is that for a computer program to be patentable there must be a "technical effect" going "beyond the normal physical interactions between the program and the computer". It is an interpretation which of course leaves a lot of room for debate, but do you have a better alternative? Of course, considering how difficult it is to pin down what a "software patent" actually is, it is difficult to avoid that other debate: why bother? why shouldn't pure software be patentable? what's so special about it in comparison to other areas of technology?


Andre from the FFII has just taken a look at Google's approach to patenting:

And for my field of special interest, patents and standards, yet another patent license text:



Patent License Subject to the terms and conditions of this License, Google and its affiliates hereby grant to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this License) patent license for patents necessarily infringed by implementation of this specification. If you institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the implementation of the specification constitutes direct or contributory patent infringement, then any patent licenses for the specification granted to you under this License shall terminate as of the date such litigation is filed.



There are reasons to believe that the patent system is deficient for more than just software patents as a reason. There are also business method patents at stake, not to mention the fact that there are patent trolls. Here is a new roundup of some of their activity in Texas:

Klausner alleges that six defendant companies are infringing the '576 Patent. The defendants are Qwest, Yahoo, Panasonic, Ribbit Corp., SpinVox and ooma.

The plaintiff also alleges that all the defendants, with the exception of SpinVox, have infringed the '818 Patent.


Klausner is a patent troll that we wrote about many times before [1, 2, 3, 4, 5, 6, 7]. Even a lobbyist for software patents calls what the likes of Klausner are doing "extortion".

“This is a huge problem for companies like ours,” said David Bates, intellectual property counsel for GE Healthcare. “It’s extortion, and we do face (these problems) on a regular basis, and because of the way the system is set up we can’t possibly keep up


Top up this contemporary patent mess with some malicious patent ambush such as Rambus'. Here is a new report on the subject.

Nvidia said Tuesday the US Patent and Trademark Office has initially rejected 41 claims by Rambus that accuse the graphics chip maker of aping its memory controller tech without paying.

The 41 jilted claims relate to seven of the nine patents Rambus alleges have been infringed by Nvidia. The IP-only memory company filed a formal complaint with the US International Trade Commission in November 2008 requesting an investigation it hopes will lead to barring of certain Nvidia kit if royalties or settlement money isn't slipped its way.


Even businesses with real products can be patent aggressors (and offenders), so this is not a problem that elimination of trolls alone would resolve. Scope of patenting and purpose must be revisited to ultimately make economical and ethical sense. Sanity can be restored. Some patents kill people [1, 2].

Recent Techrights' Posts

Ireland Last to Report Election Results
Daniel Pocock's involvement in Australian politics goes back to his university days
Never Sleeps, Never Slumbers
We're going to try to improve not just in quantity but also in quality
EPO Has Gotten So Bad That Workers Need to Ask to be Allocated a Desk (at Work)
Wow!!!! An “allocated workplace”!!
 
Gemini Links 12/06/2024: The Rodent Revolution and Adding Twisty Puzzles
Links for the day
Links 12/06/2024: Ukraine War Updates and Many Patents Being Subjected to Squashing Bounties
Links for the day
[Meme] The Purpose of Life is to Find a Desk
dogs have desks
Tux Machines Parties Going Well Do Far
Cross-posted from Tux Machines
In Many Countries, Both Large and Small, Vista 11 is Losing Market Share (Despite New PCs Coming Preloaded With It)
One need not even consider large nations in isolation
By "Going Public" the Raspberry Pi Ensures It'll No Longer Serve the Public
It'll be owned and controlled by whatever people wish to control it
Dave Wreski Also Plays the Bot Game (Chatbot) at LinuxSecurity to Fake 'Articles' About "Linux"
How much longer can they fool search engines (SEO) and readers?
[Meme] Indisputable Success
MICROSOFT buys shares of MICROSOFT
Links 12/06/2024: 'Hey Hi' (AI) Bubble Imploding Already, Danish Media Threatens to Sue OpenAI
Links for the day
Links 11/06/2024: Floods in Germany and Brazil, Political Violence
Links for the day
Gemini Links 12/06/2024: Sketching Plants, OpenBSD Pubnix
Links for the day
"2025 the year of Linux on the Desktop"
Charlie Stross quote
In Bahrain, Historically Low on GNU/Linux Adoption, Things Change for the Better
They have some people who understand Free software
Daniel Pocock Received Twice as Many Votes as Andreas Tille (Debian Project Leader After 2024 Election)
From the media yesterday...
Debian is Built by Hundreds of Volunteers and 524 Irish People Voted for Daniel Pocock
524 in that area went to the polling station to vote Daniel Pocock (Ind)
[Meme] RMS is 'Too Old', Says Company Run by a Person 5 Years His Junior (Ginni Rometty) and 10 Years His Junior (Arvind Krishna)
Never again?
[Meme] Women in Computer Science
Grace Hopper, Ada Lovelace etc.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 11, 2024
IRC logs for Tuesday, June 11, 2024
Togo: GNU/Linux Growing Fast This Year, Now Measured at 6%
Sending Bill Gates with a suitcase to bribe African officials isn't enough anymore
Free Software Projects Need to Chase Away Men Who Attack Women Rather Than The Women Who Complain
A just society holds people accountable rather than covers up such blunders
Improving the Image of Women in Free Software by Hiring and Promoting the Proficient Ones
Million's shaman background isn't the problem, or even the superstitious ghost-chasing. The problem is that she has absolutely no background in Free software.
They Say Cash is King
People who value their freedom will pay with cash any time they can
'Team Microsoft' Wants to Leverage Our Popularity as a Weapon Against Us
In the past 2 days we published 64 articles and served over a million HTTP/S requests
[Meme] Microsoft Has Enough of Its Own Problems (Layoffs Abundant), It Won't Rescue IBM or Canonical
"It's OK, we're partners"
Know Your Allies, Know Your Enemies
The answer to censorship attempts is more speech, not less speech
Debian is Back to Taking Money From Microsoft, the Company That's Attacking Linux From the Inside
If Debian fails to understand what's wrong with it, that's a problem
Ghana: Windows Down From 97% to Just 15%
The doors are closing on Windows
Links 11/06/2024: Practice of Retaliatory Layoffs at Microsoft
Links for the day
Gemini Links 11/06/2024: GMID 2.0.5 and More
Links for the day
The United States Will Cut Off or Cull Firefox
It is only a matter of time
[Meme] Firefox Is Not an Alternative to Google, Only to Chrome (and It Has Become Proprietary or OSPS Like Chromium)
The illusion of remaining "choice" on the Web
No, the World Wide Web Isn't Open (and Hasn't Been for Years)
It's proprietary all the way now
The War on Free Software Reporters - Part VII - Groupthink, Censorship Demands, and Ultimatums
There's a lot of groupthink in the Free software community
Microsoft Told Us That LLMs Were a Boon for Azure and 'Clown Computing', But the Thousands of Layoffs This Month Prove That It Was a Lie All Along
Azure is collapsing
Why We Post Statistics About the Usage of Operating Systems Worldwide
We're hoping to see GNU/Linux at over 10% (on desktops/laptops) some time in the coming years
Winning Defamation Cases is Incredibly Difficult (for Plaintiffs), Even in the United States and the United Kingdom
SLAPP should always backfire
In Kuwait, Microsoft's Windows Fell From 97% to Just 15%
According to statCounter
GNU/Linux in Philippines Climbs to New Levels
This is an all-time high
Links 11/06/2024: Windows Outcry and Climate News
Links for the day
Tux Machines Was Always a Women-Run Site (the Real Voices of GNU/Linux, Not Political Props in Corporate Events)
Corporate "diversity" is more of a marketing/PR gimmick than real, genuine diversity
Macao: GNU/Linux Desktop/Laptop Operating System Market Share Rising Close to 7%
GNU/Linux Rises to Record High in Macao
FSF is Now 50% Female, Unlike Red Hat (Which Moaned About Lack of "Diversity" at FSF)
Isn't the hypocrisy just astounding?
Since COVID-19 Lockdowns Windows Fell From Almost 50% to Just 10% in Loas
According to statCounter
[Meme] Quantity Says Nothing About Worth, Value, or Quality
People will generally gravitate towards things of quality and reputation
Microsoft's Windows in Gabon: From 20% 'Market Share' Down to Around 10% in a Few Months
Gabon is not a small country
Meanwhile at canonical.com
Canonical knows exactly what Ubuntu users want
[Meme] Microsoft (and the NSA) Will Never Forget
The user trying to permanently disable 'recall'
Windows Falls Below 20% in United Arab Emirates This Month
According to statCounter
"Windows 11's Recall AI, known to take snapshots and recordings of user computers regularly, including key presses, was discovered to store all its information in an unencrypted local folder."
"You can copy the data from another user's "recall" folder as another user."
Fedora Week of Diversity (FWD) 2024 Outsourced to Proprietary Spyware of GAFAM
Need to use proprietary software to participate
IRC Proceedings: Monday, June 10, 2024
IRC logs for Monday, June 10, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] Clown Computing is Better For...
Clown: they said clown computing enhances security
One in a Thousand Voters Chose to Vote Daniel Pocock (as First Preference)
He got about 4 times more votes than what had him win FSFE elections
Daniel Pocock on Good Performance in His EU Election Campaign: Thanking the voters of Midlands-North-West, Ireland
Reprinted with permission from Daniel Pocock
The 'IT Industry' is Already in Ruins
The "powers that be" do not want the "hoi polloi" to possess skills and systems
Microsoft's Windows is Sliding Away Into Minority Platform Territories, Even in Rich Countries With Affluent Computer Users
We seem to be striking a nerve at Microsoft every time we say this
Self-Hosting Should be Taught and Embraced, Outsourcing Creates More Problems (or Risks) Than It Solves
One can control one's destiny...
Links 10/06/2024: Homeownership and The Wall CGI
Links for the day
NotABug.org as Another Cautionary Tale About Outsourcing One'e Code-forge (Relying on Other Parties)
Not "bashing", just pointing out a pattern
Gemini Links 10/06/2024: Planning Gemini Hosting Service and Gemini Table Markup
Links for the day
Revisiting Albania and Neighbouring Countries Where Windows Took the Plunge
a region of Europe (and some of it part of the EU) where GNU/Linux has decent adoption
[Meme] Irish Politicians Who Offer G.A.F.A.M. a Tax Evasion Haven (for Legalised Bribery)
Still no data on Ireland
Featuritis as Threat to Computer Security
Featuritis explained
His Last Tweet (July 2017)
No report to the police, 'justice' by social control media
[Meme] All That Will be Left is a Mountain of Fake Patents and Kangaroo Courts to Enforce/Endorse These
Can the European Union afford apathy on this blunder?
EPO Insiders' Report on Repeal of the Conditions of Employment (CoE) for Interpreters and Award of contract for Healthcare Insurance Administration Services
the EU is too focused on Putin's Russia to even care about its own corruption
When Microsoft Started the Chatbot/LLM Hype ("Bing Chat") Google Had 98% of the Largest African Market, Now It Has nearly 100%
While we're not arguing that Google Search [sic] and Android will emancipate these people
OpenSSH Must be Taken Very Seriously and Not Left for Microsoft/NSA/GCHQ to Handle
No distro should leave such critical packages at the hands of fake security crackpots
Links 10/06/2024: Microsoft's Phil Spencer Asserts that Mass Layoffs Are Growth, Microsoft/Windows/HP Bricking PCs Via ProBook Firmware Updates
Links for the day
Mozilla Firefox Web Browser Fell below 2% in Brasil This Month
Browser Market Share Brazil
[Meme] Totally Microsoft
Even screenshots are "AI" now!
Signs of Trouble for Microsoft in Brasil: Vista 11 Down Sharply While GNU/Linux Grows
Brasil has a huge population, second only to USA in the Americas
[Meme] The 'S' in 'GCHQ' Stands for Security
And the "D" in Debian stands for defamation
Jacob Appelbaum wanted SFTP package uploads to Debian
Reprinted with permission from Daniel Pocock
Another Large Country Where Vista 11 Fell to Usage Levels No Better Than 16 Months Ago
converted to or replaced by GNU/Linux?
Why Microsoft is Grieving Deep Inside
Microsoft has no clear roadmap other than hype campaigns in Microsoft-sponsored sites
Birthday Over at Tux Machines...
It brings sadness only to jealous people
[Meme] Fake Security If When You Ask Microsoft If It is Safe to Boot Into Linux
Classic UEFI mindset
Gemini Protocol Turns 5 Exactly 10 Days From Now, Let's Encrypt CA Falls to 7.3% as Over 90% of Capsules Sign Their Own Certificates
Gemini Protocol officially turns 5 only 10 days from now
Links 09/06/2024: Facebook Enabling Online Fraud, Apple Already in Trouble for iOS 18 “Web Eraser” Tool
Links for the day
Microsoft as a Distant Third in Hong Kong
in Hong Kong, unlike in "proper" China, Google isn't blocked (yet)
United Kingdom: Microsoft Crashed Since 'Bing Chat' (LLM/Chatbot Hype), Google Search Rose Almost 3%
Contrary to what Microsoft-funded media wants people to think
Why IBM Bought Red Hat, According to Comments in thelayoff.com
From this past weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 09, 2024
IRC logs for Sunday, June 09, 2024
Suicides Don't Move Cases Forward
The whole thing has only been a total waste of time for everyone, except the unemployed "Lobsta", who turned online harassment against perceived enemies into a hobby that Canadian taxpayers foot the bill for
Integrity Fail & Debian Social Contract
Reprinted with permission from Daniel Pocock