EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

09.25.11

The Parallel Universe of Patent Lawyers

Posted in Europe, Law, Patents at 10:58 am by Dr. Roy Schestowitz

Legal failure

O. J. Simpson

Summary: A look at several new items of interest and what they can teach us

TECHRIGHTS does not expect to be read by many patent lawyers. It would seem too insulting to them, not because of strong language but because patent lawyers have a different reality in their minds — one where they are necessary and even guardians of innovation.

We always see patent lawyers pretending to be part of the industry rather than parasites to those who drive the industry (the producing industry, not meta-industries). To monopolists, those patent lawyers do serve an important role. They are a guardian against competition. Their role is to narrow down the industry, removing choice, increasing fear, and contributing mostly to stress and waste of time. The assumption that if something is profitable then it must be good to society is very misguided. Almost equally misguided is the supposition that rich people always know better than the rest and that ruthlessness plays no part in one’s wealth (this aspect of the problem was explored in the previous post). In fact, the legal occupation is more about who argues better and has deeper pockets for better arguers/manipulators/dirt diggers; it’s not really about justice (case of point: O. J. Simpson). It’s biased towards money and in favour of one who already exploits others. So getting to the point though, the software industry does not need patent lawyers. Developers already have copyrights by default and disputes over copyrights are easier to resolve (even out of court) because the matter is not so blurry.

“The assumption that if something is profitable then it must be good to society is very misguided.”There is this one blog/magazine which is very shameless about its boosting of software patents. It’s called IAM and we pointed out its weaknesses in prior years. Here it is right now cheering the patent extortion business which works well for patent troll Acacia. And according to this patent maximalists’ blog, we should also belittle Bessen’s research [1, 2, 3] because, according to its stance, there are flaws. To quote: “On the Gametime IP blog Patrick Anderson takes Bessen, Ford and Meurer to task over their working paper, entitled The Private and Social Costs of Patent Trolls. Sadly, however, although Anderson does a very effective job, out there in the real world nobody is listening. Reports on the CNN Money, Washington Post, Business Insider and Ars Technica websites, among others, all report the findings uncritically. Now I think Anderson’s blog is among the best there is on patents, but how many people read it in comparison to those sites that I have mentioned? The fact is that, whether you like it or not, this paper is going to be very influential – just as Patent Failure, written by Bessen and Meurer in 2008 continues to be cited approvingly in countless reports and policy papers to this day; even though it too is deeply flawed.”

How are these “deeply flawed”? No details given, bot even a link/reference.

According to another patent lawyers’ blog, this one from Axel H. Horns, software patents are no longer up for debate in Europe. The German Pirate Party (sponsored in part by patents-loving company) is once again cited for support. Quoting the post:

After that the debate on software patents died down. A conference organised by the European Patent Office and held in Brussels on July 05, 2007, under the title “Computer-implemented inventions: where do we stand in the debate on ‘software patents’?” made perfectly clear that nowhere any intentions were living to re-start the legislative process to have a sectoral Directive on patentability of CIIs.

What the EPO has been doing in recent years is rather shameful. Its head left not too long ago, after she had opened a door to interpreting software patents as valid in Europe. Then again, the EPO is once of those establishments biased to serve patent supporters and be run by them, too.

Mike Masnick et al. are meanwhile “Petitioning The[ir] Government Against Software Patents,” according to this blog post which comes 2 weeks after the laughable ‘reform’:

Apparently I had missed that the White House set up a platform for people to petition it directly. A few folks have sent over a petition that was set up asking the administration to reject software patents, noting that they are hindering the software industry, one of the few “strong” industries in the US. The specific petition asks the government to stop issuing software patents… and to void all existing software patents.

Given the declining quality of patents, the USPTO should clearly address scope and not the nonsense about “first to file”. Getting rid of software patents would be a good start.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Embrace, Extend, Extinguish 2020 Edition

    Embrace, Extend, Extinguish (E.E.E.) is alive and well, but the corrupt (paid by Microsoft) media isn't talking about it anymore; in fact, it actively cheers and encourages people/companies to enter the trap



  2. Links 26/5/2020: SHIFT13mi GNU/Linux Tablet, Linux Kodachi 7.0 and Some Qt Releases

    Links for the day



  3. EPO Propaganda on Steroids (or on EPO)

    What EPO management is saying and what is actually happening



  4. Breton (EU) 'Joins' Team UPC to Help His Buddy Battistelli... Again

    As expected, Breton acts as little but an EPO tool, looking to prop up supremacy of patent litigation over science and innovation



  5. Removing Free/Libre Software as an Inadequate Response to Microsoft Windows (With Back Doors) Getting Compromised, Killing People

    GNU/Linux takes the blame (in a sense) for incidents that are purely the fault of Microsoft and its deficient software with deliberate back doors; it's believed that this boils down to opportunistic retaliation against those looking for a solution to the problem (or merely speaking about the problem)



  6. IRC Proceedings: Monday, May 25, 2020

    IRC logs for Monday, May 25, 2020



  7. Under Distributed Denial of Service Attacks Lately, But We're Too Robust For Those

    Efforts to take Techrights offline have been ramped up lately; but it's not working and it hardly even distracts us from publishing



  8. The Art of Giving: Why Free Software Will Inevitably Survive Attacks Against It

    Societies that share and look after their peers/neighbours will always be better off than predatory societies, which breed exploitation, distrust, discord and eventually systemic collapse



  9. 'Journalism' in 2020: Far More Articles About What Computer Linus Torvalds Bought Than About Linux Releases

    Yesterday's (or late Sunday's) Linux announcement (RC7) is symptomatic of a broader issue we've long spoken about; it restricts people's ability to express an opinion, which can cloud any meritorious and substantial debate about technical matters journalists cannot grasp or comment on (it takes more effort and research)



  10. Links 25/5/2020: Wrapland Redone, DebConf20 Plans, Many More Games

    Links for the day



  11. Media Covers WSL Like People Actually Use This Trash (a Failed Distro Which Only Works With Windows)

    Lots of abundantly redundant puff pieces have appeared in paid-for (by Microsoft) media this past week covering WSL/2, but that's grossly disproportional to the people who care and actually use those types of things (because money talks, not technical substance)



  12. Working From Home on Patent Monopolies Would Lower Their Quality and Perceived Legitimacy

    The patent system wherein people grant monopolies from their sofas and bedrooms isn't helping the already-eroded perception/image of patent offices that mostly grant patents to massive multinationals (and far too many patents overall)



  13. The Attitude of António Campinos Toward Courts and Toward Justice Same as Benoît Battistelli's

    6 years down the road we're still dealing with unaccountable tyrants who laugh at the law, laugh at lawmakers and disregard law enforcers (like the Trump regime across the Atlantic)



  14. IRC Proceedings: Sunday, May 24, 2020

    IRC logs for Sunday, May 24, 2020



  15. Asking Microsoft If It Loves Linux is Like Asking Google If It's Evil

    The media keeps bombarding us with lousy, weakly-sourced messages about Microsoft regretting its stance on “Open Source” and loving “Linux” (both are lies that are very easily debunked), so journalism has an existential problem and maybe too much dependence on ad money (a form of bribery) from “Big Tech” that does “clown computing” and “apps”



  16. Features Considered Harmful

    "But the benefits of Free software, free candy and new features are all meaningless, if the user isn't in control."



  17. Free, as in “App”

    "As everyday users, we need to be able to configure our applications, and this process must/needs to be made as easy and understandable as possible."



  18. Links 25/5/2020: Linux 5.7 RC7 and TeleIRC 2.0.0

    Links for the day



  19. Links 24/5/2020: TUXEDO Computers on AMD, Ardour 6.0 is Out

    Links for the day



  20. Trust Microsoft With Everything Including Your Life

    A timely if not apt meme about the state of Windows-powered hospitals, which very often end up foreign-operated (taken over by crackers in another country)



  21. When the Response to Hospitals Being Systematically Cracked Through Microsoft Products Like Windows is... Blocking the Competition of Microsoft

    People keep dying because Microsoft Windows, poorly designed with NSA back doors in it, falls into the hands of malicious actors (sometimes overseas, sometimes using leaked tools of the NSA itself) and guess who takes the blame when hospitals grind to a halt due to this…



  22. IRC Proceedings: Saturday, May 23, 2020

    IRC logs for Saturday, May 23, 2020



  23. Ode to the 'Orange One'

    Bush Senior and Junior, Hillary/Bill Clinton and now António Battistelli (or Benoît Campinos); are we dealing with monarchies/monarchs and pledges of allegiance or with public institutions beholden to the public, to be governed by the law?



  24. Home Working at the EPO: Your Corporate, Global Monopolies Will Be Rubber-stamped From Private Homes

    We’re expected to believe that EPO employees working under the noses of Microsoft (in another continent!) with kids running around will be able to be both productive and professional; staff already complains about working until midnight and beyond, without any conceivable separation between career and personal life



  25. To Understand Why “Inner Source” is a Cheap Corporate Ploy if Not a Free Software-Hostile 'Scam' Look Who's Behind It

    It's rather easy to see that the O'Reilly-connected and Bill Gates-connected leadership of InnerSource Commons (ISC) doesn't register this fake 'charity' to promote Software Freedom but to fight against it under the guise of "open" (openwashing)



  26. Microsoft: We Were Wrong About Open Source and That's Why We 'Liberate' Code... From 1983 (and We Won't Accept Code Changes, Either!)

    The tiresome openwashing efforts from Microsoft verge on the farcical, but the Microsoft-funded media plays along with it all regardless



  27. The Unitary Patent and Unified Patent Court Book

    The Unified Patent Court (UPC) propaganda must be confronted; there's a book in the making about UPC lies and the anatomy of this legislative coup attempt by litigation fanatics (who profit from monopolies, patent trolls and so on)



  28. Links 23/5/2020: Oracle Solaris 11.4 SRU21, Wine-Staging 5.9

    Links for the day



  29. Spillover: Team UPC Trying to Fill Up the Cup 'Half Empty'

    The European Patent Office's (EPO) corruption is mirrored in UPC corruption; the former hasn't yet seen its downfall due to this corruption and the latter is already up in flames, no matter how media sites (are paid to) spin it, giving false hope for the sake of lobbying by Team UPC



  30. The EPO Continues to Publicly Brag About Granting Illegal Patents to Fake 'Production' (It's Not Really Production But Abuse of the Granting Authority)

    Patents on life, nature and mathematics serve to highlight the degree of corruption embraced by EPO management, eager to fake ‘production’ in order to hoard money, which is then stolen and misused in other ways


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts