Bonum Certa Men Certa

New Disinformation From Patent Lawyers and Microsoft Lobbyists

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...

Recent Techrights' Posts

Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
 
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026
IBM's Senior VP of Infrastructure is Out, Silent Layoffs Still Going On
Some people imagine the CEO will also "retire" very soon (and "ahead of time")
Gemini Links 09/09/2026: Mechanical Cameras, "Super App", and Prusa Issues
Links for the day
SLAPP Censorship - Part 177 Out of 200: Manosphere Without Financial Transparency
It has moreover replaced a female worker with a male
Deadline Tomorrow (10th of September) to Appeal the EPO's Fleecing of Staff (Union to Make Legal Challenges)
Join them. Fight the good fight.
linuxstans.com Died, Then Came Back as Slop (LLM Junk)
Don't make the mistake or the assumption that merely 'dabbling in' or 'experimenting with' LLMs can be forgivable as it is a trust destroyer
Links 09/09/2026: GAFAM Fatalities in Miami International Airport, "Britain’s Health Crisis Is Becoming a Political Crisis"
Links for the day
Gemini Links 09/09/2026: "Adjective Is Subjective" and Walled Gardens
Links for the day
Plagiarism is Hardly a New Problem, It Predates Mainstream Media Getting Paid to Whitewash It as "Training" or "Hey Hi", Then Conflate Plagiarism With "Intelligence" or Deferred "Value"
"Quantum" isn't new either; it's a 'circle-jerk' for companies without direction, only hype
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026