01.24.12

Gemini version available ♊︎

New Disinformation From Patent Lawyers and Microsoft Lobbyists

Posted in Deception, Microsoft, Patents at 12:16 pm by Dr. Roy Schestowitz

Microsoft passes angry children a bribe (under
the guide of “contract”) to lie along

Boys at the beach

Summary: New developments in the patents arena and what the news sites fail to tell

THE Microsoft lobbyists continue to attack Android and they resort to such ridiculous spin (link omitted on purpose) that the FFII is sharing it for hilarity in the mailing lists. Poor Microsoft cannot come up with a meaningful story against Android, so whenever Google is using patents to defend Android from attacks its lobbyists link to articles like this one and whine senselessly (portraying Google as a patent aggressor). Generally speaking, those types of smears against Android have been muted somewhat because journalists slowly learned who was being paid by Microsoft (Florian Müller, for example, is paid by Microsoft).

Some patent lawyers seek to make a quick buck from the mobile arena, acting as parasites in a thriving market:

Software patent attorney, Steve Aycock today announced the launch of a new law practice which helps people patent their software. The law firm specializes in helping independent inventors, entrepreneurs and start-up companies patent their new technologies including software inventions. Mr. Aycock was a software engineer for ten years before attending law school so inventors will get someone with experience in both software and patent law.

No thanks, Steve, patents are a waste of time for developers. Surely enough this bogus industry of litigation looks to expand by latching onto real industries. From the news we discover that “Venable LLP notably strengthens its patent prosecution and litigation practices with the arrival of three new partners – Michele Van Patten Frank, Toni-Junell Herbert, and Mark Shanks; Of Counsel Therese Finan; and Associate Fabian M. Koenigbauer to the firm’s Washington, DC, office.”

In other words: prepare for more lawsuits. Oh, innovation, surely!

It’s the same in Europe. Patent lawyers (who obviously want software patents in Europe) promote their cause with an analysis that ends with nonsense:

Conclusion. In case of mixed-type invention (such as organisational, commercial or intellectual applications of software), EPO examiners are urged by the problem/solution approach to consider any disclosure of non-technical aspects to the detriment of applicants. Therefore, patent drafters should not at all or only to the absolutely required extent incorporate non-trechnical aspects in the claims or specification.Otherwise non-technical aspects could “devaluate” even important technical claim features.

It is hardly even coherent. Lawyers like to make it sound complicated when in fact the criteria for rejecting a patent can be simple.

Fortunately, more people are able to see past the spin and realise that software patents — if not patents in general — have become a burden on society. Tim thinks that the Tea Party should take on the issue too. In his own words:

The debate over software patents does not unite Silicon Valley the way the debate over SOPA does. Rather, the software patent debate pits the patent bar and large software companies like Microsoft and IBM, which have tens of thousands of patents, against rank-and-file programmers and up-and-coming entrepreneurs for whom the threat of frivolous litigation is a growing disincentive to innovation.

But I think this is precisely what makes it a great issue for Republicans—and especially Tea Party Republicans—to take up. There’s a long-running battle inside the GOP between pro-business Republicans and pro-market ones. The former have supported bailouts, corporate welfare, and protectionist legislation like SOPA. The Tea Party was organized in opposition to those things. And in the last couple of years, the Tea Party has had growing momentum.

Here’s how I’d frame the software patent debate if I were advising a GOP member of Congress: Software patents are a bailout for declining software companies that are better at filing patent applications than producing innovative products and services. For example, it’s been years since Microsoft was a major source of new innovations. That torch has passed to younger companies like Google, Facebook, Dropbox, and a revitalized Apple. But Redmond has so many patents (60,000 of them, according to one estimate) that it’s essentially impossible to write software without accidentally infringing some of them. And this means that Microsoft can force any company that beats them in the marketplace to share their profits with them, as it is currently doing to firms that produce Android phones.

If only there was as much public pressure against software patents as there was against SOPA last week…

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 03/02/2023: Proton 7.0-6 Released, ScummVM 2.7 Testing

    Links for the day



  2. Links 03/02/2023: OpenSSH 9.2 and OBS Studio 29.0.1

    Links for the day



  3. Links 03/02/2023: GNU C Library 2.37

    Links for the day



  4. Sirius Finished

    Yesterday I was sent a letter approving my resignation from Sirius ‘Open Source’, two months after I had already announced that I was resigning with immediate effect; they sent an identical letter to my wife (this time, unlike before, they remembered to also change the names!!)



  5. The Collapse of Sirius in a Nutshell: How to Identify the Symptoms and Decide When to Leave

    Sirius is finished, but it's important to share the lessons learned with other people; there might be other "pretenders" out there and they need to be abandoned



  6. Links 03/02/2023: WINE 8.1 and RapidDisk 9.0.0

    Links for the day



  7. Links 02/02/2023: KDE Gear 22.12.2 and LibreOffice 7.5

    Links for the day



  8. Linux News or Marketing Platform?

    Ads everywhere: Phoronix puts them at the top, bottom, navigation bar, left, and right just to read some Microsoft junk (puff pieces about something that nobody other than Microsoft even uses); in addition there are pop-ups asking for consent to send visitors’ data to hundreds of data brokers



  9. Daily Links at Techrights Turn 15, Time to Give Them an Upgrade

    This year we have several 15-year anniversaries; one of them is Daily Links (it turned 15 earlier this week) and we've been working to improve these batches of links, making them a lot more extensive and somewhat better structured/clustered



  10. Back to Focusing on Unified Patent Court (UPC) Crimes and Illegal Patent Agenda, Including the EPO's

    The EPO's (European Patent Office, Europe's second-largest institution) violations of constitutions, laws and so on merit more coverage, seeing that what's left of the "media" not only fails to cover scandalous things but is actively cheering for criminals (in exchange for money)



  11. European Patent Office Staff Votes in Favour of Freedom of Association (97% of Voters in Support)

    The Central Staff Committee (CSC) at the EPO makes a strong case for António Campinos to stop breaking and law and actually start obeying court orders (he’s no better than Benoît Battistelli and he uses worse language already)



  12. Links 02/02/2023: Glibc 2.37 and Go 1.20

    Links for the day



  13. IRC Proceedings: Wednesday, February 01, 2023

    IRC logs for Wednesday, February 01, 2023



  14. Links 01/02/2023: Security Problems, Unrest, and More

    Links for the day



  15. Links 01/02/2023: Stables Kernels and Upcoming COSMIC From System76

    Links for the day



  16. IRC Proceedings: Tuesday, January 31, 2023

    IRC logs for Tuesday, January 31, 2023



  17. Links 31/01/2023: Catchup Again, Wayland in Xfce 4.20

    Links for the day



  18. Links 31/01/2023: elementary OS 7

    Links for the day



  19. Intimidation Against Nitrux Development Team Upsets the Community and Makes the Media Less Trustworthy

    Nitrux is being criticised for being “very unappealing”; but a look behind the scenes reveals an angry reviewer (habitual mouthpiece of the Linux Foundation and Linux foes) trying to intimidate Nitrux developers, who are unpaid volunteers rather than “corporate” developers



  20. Links 31/01/2023: GNOME 44 Wallpapers and Alpha

    Links for the day



  21. Free and Open Source Software Developers' European Meeting (FOSDEM) and KU Leuven Boosting Americans and Cancellers of the Father of Free Software

    The Free Software Foundation (FSF) and its founder, Richard M. Stallman (RMS), along with the SFLC one might add, have been under a siege by the trademark-abusing FSFE and SFC; Belgium helps legitimise the ‘fakes’



  22. Techrights in the Next 5 or 10 Years

    Now that I’m free from the shackles of a company (it deteriorated a lot after grabbing Gates Foundation money under an NDA) the site Techrights can flourish and become more active



  23. 60 Days of Articles About Sirius 'Open Source' and the Long Road Ahead

    The Sirius ‘Open Source’ series ended after 60 days (parts published every day except the day my SSD died completely and very suddenly); the video above explains what’s to come and what lessons can be learned from the 21-year collective experience (my wife and I; work periods combined) in a company that still claims, in vain, to be “Open Source”



  24. IRC Proceedings: Monday, January 30, 2023

    IRC logs for Monday, January 30, 2023



  25. Taking Techrights to the Next Level in 2023

    I've reached a state of "closure" when it comes to my employer (almost 12 years for me, 9+ years for my wife); expect Techrights to become more active than ever before and belatedly publish important articles, based on longstanding investigations that take a lot of effort



  26. The ISO Delusion: When the Employer Doesn’t Realise That Outsourcing Clients' Passwords to LassPass After Security Breaches Is a Terrible Idea

    The mentality or the general mindset at Sirius ‘Open Source’ was not compatible with that of security conscientiousness and it seemed abundantly clear that paper mills (e.g. ISO certification) cannot compensate for that



  27. Links 30/01/2023: Plasma Mobile 23.01 and GNU Taler 0.9.1

    Links for the day



  28. EPO Management Isn't Listening to Staff, It's Just Trying to Divide and Demoralise the Staff Instead

    “On 18 January 2023,” the staff representatives tell European Patent Office (EPO) colleagues, “the staff representation met with the administration in a Working Group on the project “Bringing Teams Together”. It was the first meeting since the departure of PD General Administration and the radical changes made to the project. We voiced the major concerns of staff, the organization chaos and unrest caused by the project among teams and made concrete proposals.”



  29. Links 30/01/2023: Coreboot 4.19 and Budgie 10.7

    Links for the day



  30. IRC Proceedings: Sunday, January 29, 2023

    IRC logs for Sunday, January 29, 2023


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