Bonum Certa Men Certa

East Texas and Its Cautionary Tale: Software Patents Lead to Patent Trolls

Texas



Summary: Lessons from US media, which focuses on the dire situation in Texas courts, and how these relate to the practice of granting patents on software (the patent trolls' favourite weapon)

OUR primary concern about the EPO has always been the effort to expand the scope of patents to software (so as to make more money and help multinational oligopolies which constantly lobbied Europe for it).



“At the start of the 1980s, federal policy remained so hostile to patent monopolies that it refused even to grant patents for software. But then came a series of Supreme Court decisions and acts of Congress that vastly expanded the scope of patents and the monopoly power granted to patent holders.”
      --The Atlantic
It has always been pointed out, on numerous occasions in fact, that patent trolls rely mostly on software patents. These trolls already knock on Europe's door, having been extremely damaging to the economy of the US, where they crushed a lot of small businesses. This new and very long article from The Atlantic recalls how things changed more than three decades ago, with so-called inventors like Martin Goetz. The article speaks of "dramatic changes in the treatment of what, in the 1980s, came to be known as “intellectual property,” combined with the general retreat from antitrust enforcement" (to benefit oligopolies).

The article says this "had the effect of vastly concentrating the geographical distribution of power in the technology sector. At the start of the 1980s, federal policy remained so hostile to patent monopolies that it refused even to grant patents for software. But then came a series of Supreme Court decisions and acts of Congress that vastly expanded the scope of patents and the monopoly power granted to patent holders. In 1991, Bill Gates reflected on the change and noted in a memo to his executives at Microsoft that “[i]f people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today.”"

Well, how ironic it must be that Microsoft is now the world's biggest patent bully (in some respects) and it even managed to make the EPO more megacorporations-leaning.

"Well, how ironic it must be that Microsoft is now the world's biggest patent bully (in some respects) and it even managed to make the EPO more megacorporations-leaning."Public complaints in the US are mostly over patent trolls these days. The complaints rightly focus on East Texas, the trolls' docket. Another new article says: "East Texas is known for its Piney Woods, Caddo Lake, maybe for sweet potatoes. It’s also the patent lawsuit capitol of the country. More patent infringement cases are brought to Eastern District courts than anywhere else. There’s pressure to root out the so-called “patent trolls”."

Published on the same day, this new article rightly observes that "software technology is becoming a treasure trove for Patent trolls." To quote in context: "In furtherance to my recent post on Patent trolls or the Non Practicing Entities (NPEs), I would like to discuss here in this post about how software technology is becoming a treasure trove for Patent trolls. Cloud based business products are one of the major business fields today. Software-oriented platforms such as C (SaaS) providers are primary targets for the Patent trolls."

It is vital to realise the strong correlation between software patents (patents on abstract concepts) and patent trolls in order to ensure that the failings seen in East Texas don't reach Europe as well.

"Americans learn only from catastrophe and not from experience."

--Theodore Roosevelt

Recent Techrights' Posts

[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year
 
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Gemini Links 10/05/2024: Love Is Infinite and Books vs Internet
Links for the day
Links 10/05/2024: Fears Over TSMC, Microsoft Loses Major Patent Case
Links for the day
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day