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

05.18.13

The Reality Distortion Field of Patent Lawyers Helps Impede Abolition of Software Patents

Posted in America, Europe, Patents at 7:33 am by Dr. Roy Schestowitz

Warped perspective

Shopping street

Summary: How widespread coverage and talking points from the tiny minority which is patent lawyers have contributed to biased and at times utterly distorted reporting on the subject of software patents around the world

Skewed coverage is not so exceptional. Depending on one’s background and peers one shapes his or her views of the world. A programmer likes to develop software. A patent lawyer loves turning ideas into a formalised description of a process, sometimes acquiring a state-imposed monopoly on these ideas. In certain states (or continents) the patent lawyer may have to cheat a little in order to bypass limitations on the scope of monopoly. Not many places grant a monopoly on the process of computation for instance. It is about as concrete as one’s brain, where the brain is the equivalent of computation machine and the programming the equivalent of neural signals. In recent years patent lawyers have sought to solidify a loophole whereby all programming ‘recipes’ get accompanied by a computation device, even though a computer program can be run in one’s brain, perhaps with the aid of pen and paper. When the law on patenting excludes patents on software “as such” it generally means that patent lawyers just need to disguise software patents as something which they are not. This leaves plenty of room for battle over interpretation and therefore there is a multitude of views, where nobody quite agrees if software is patentable or not. It is the role of real journalists to distinguish between the views of patent lawyers (or their clients who are often managers of large corporations) and the views of software professionals. Since most judges are former solicitors it is expected that the former group will appeal to them, so where does it leave the press? Who is left to listen to the latter group? Certainly not the business press, whose interests are more closely aligned with those of large corporations. This post is a complete (not selective) summary of all the articles we saw generated by key events in 3 continents, showing that: 1) patent lawyers dominate the media on these matters and 2) the views of patent lawyers are very consistently in favour of software patent, as one ought to expect. This reduces certainty over the impact of rulings, bills, and parliamentary actions which clearly limit or altogether ban software patents.

“It is about as concrete as one’s brain, where the brain is the equivalent of computation machine and the programming the equivalent of neural signals.”The EU has much greater problems than patents at the moment, so not many people pay attention to software patents in Europe. These defy the law and they increasingly hurt software developers who are based in Europe. Interestingly, many of these patents are not even granted to European entities.

The government in Germany recently took steps against defiance of common patent law, so patent lawyers’ sites like IAM tried to portray those who reform/uphold the system as “pirates”. This type of characterisation continues, demonstrating to us just how venomous an element patent lawyers can be. They can be rude, not just deceitful for an agenda. Some of IAM’s stuff, as we covered it before, percolates onto other lawyers’ sites, helping to portray NZ’s exclusion [1, 2] of software patents in the relatively small island as some kind of illegitimate move. Other law-themed sites like Lexology asked about the NZ Patents Bill, “how will it effect software patents in NZ?”

The Bill is clear about it. It is not equivocal about it, the loophole that remains in the law set aside. Another article from the same site of patent lawyers helps shed doubt about the CAFC’s criticism of software patents in the US [1, 2, 3].

“The bottom line is, in the EU, NZ, and the US the patent lawyers continue to be instrumental in reality distortion field.”The headline says “Federal Circuit fails to clarify software patent eligibility” and this influences the business press which goes with headlines like “Patent Court Torn on Whether Software Deserve Patents”. Another pro-’IP’ site asks, “How CLS v Alice affects software patents” (the content deviates from the openness of the question).

Other lawyers who lobby for software patents say in their headline that “Federal Circuit deals blow to software patents, but fails to provide cohesive rationale” (criticism for expressing such a view).

A site that calls itself “Law Review” goes further than all the above by rushing ahead with the pretentious, poorly-thought out headline “Massive Growth in Software Usage the Real Reason for More Software Patents, Not Abuse” (very illogical statement of course, something along the lines of “many cockroaches give reason for breeding them,” as if quantity implies desirability).

The bottom line is, in the EU, NZ, and the US the patent lawyers continue to be instrumental in reality distortion field. We should take with a grain of salt what’s the result of seeding disinformation; think afresh based on the actual evidence. Software patents have been dealt a large blow and if this trend continues, patent lawyers’ spin aside, we might see them going away some time in the foreseeable future. Popular view is strongly against them, suggest polls even in the US.

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. Patents Roundup: When the Patent Systems Turn Against People and Adjust According to Patent Lawyers and Their Largest Clients

    A look at the Singaporean, US, and Chinese patent systems, which are all becoming more aggressive and more disconnected from public interests, in favour of large multinational corporations



  2. Microsoft's Former Chief Patent Counsel Praises Elevation of Software Patents in Microsoft Case, Adds to Cherry-Picking and Lobbying by Patent Lawyers

    Microsoft, which is renowned (or notorious) for patent extortion against Linux, is still a big contributor to software patenting policy and Shelston IP -- much like Microsoft's front groups -- pretends to speak for small businesses in an effort to spread software patents outside the US (in spite of Alice)



  3. Extremely Dodgy Dealings at the European Patent Office

    Yet another dodgy contract between Battistelli's EPO and private contractors overseas, this time in an effort to whitewash or cleanse the image of the EPO's current regime



  4. The EPO's Media Partners Like Les Echos Already Produce EPO Puff Pieces (Marketing/Stenography)

    EPO promotion disguised as reporting or journalism, as seen in the media partners of the EPO well before these partnerships even begin



  5. Unitary Microsoft: EPO Excludes People Who Are Not Microsoft Customers From UPC Participation

    The EPO just can't help providing special treatment to Microsoft, not only when it comes to patent applications but also when it comes to rejecting stakeholders/applicants who dare not become Microsoft customers



  6. Links 30/5/2016: Linux 4.7 RC1, Best Linux Distros

    Links for the day



  7. Make Nothing, Sue Everybody: The Reality of Patent Trolls Increasingly Understood by the 'Mainstream'

    New patent stories and even extensive coverage at PBS, which dedicated a whole program to these matters but failed to address the core issue, which is software patenting



  8. [ES] Advertencia: La Vigilancia de la EPO Surveillance Puede Haberse Convertido en Más Intrusiva

    BlueCoat, que la EPO usa para oprimir a sus empleados en sus premisas Europeas, acaba de ajustar más y hacerse más intrusiva y los empleados pueden estar en riesgo



  9. [ES] Tarjeta de Victima Termina en Otra Torpeza para Battistelli Seis de su Guardia Pretoriana

    Battistelli esta destruyéndo lo que queda de la reputación de la EPO (después de las décadas que le costó a ella construírla) mientras los medios continúan escrutinando su desastroso régimen



  10. [ES] La EPO esta Excelente, Dice Sitio de ‘Noticias’ Conectado a Ella

    Los caraduras de la ‘revista’ IAM, viejo aliado de la EPO, da la impresión a la gente de que en la EPO todo esta bien y dandy aunque claramente ese no es el caso



  11. New EPO Caricature: Nouveaux Garde-Vélo (New Bicycle Guards)

    A new cartoon poking fun at Battistelli's bicycles and the perceived threat these are under



  12. Battistelli's 'Special Relationship' With Portugal and the 'Inventor of the Year' Charade

    What makes Portugal rather unique when it comes to Mr. Battistelli, who is allegedly desperate for support from smaller countries whose vote is easier to 'win'



  13. Patent Lawyers' Marketing Dominates and Marginalises Meaningful Analyses of Software Patenting in the US

    In an effort to create demand for software patents again, patent lawyers produce a huge heap of so-called 'analyses' which piggyback just one single decision (the exception, not the norm)



  14. A Mix of Patent Aggression and Sanctions/Raids (Using Controversial Patents) Against East Asian Companies

    New stories that demonstrate patent protectionism and show how Western industry, which barely makes anything anymore, relies on patents (software and design patents included) and this self-serving patent regime perpetuates itself even in Asia, where almost everything is actually being manufactured (and often/increasingly designed/developed too)



  15. Rumour: Battistelli Wants to Extend the Term of Topić's EPO Appointment in Spite of Criminal Charges Against Him

    The EPO's 'ringleader', Mr. Battistelli, is trying to keep his confidants (like Mr. Minnoye and Željko Topić) together for several more years to come, even defying rules regarding retirement age



  16. Links 29/5/2016: NetBSD 7.0.1, Genode OS 16.05

    Links for the day



  17. [ES] La Gerencia de la EPO Bajo Creciénte Estres por las Autoridades Legales Croatas, Políticas Alemanas, y los Medios Italianos

    Las cosas no son color rosa como la calma relativa sugiere, y esperamos en las próximas semanas mayores eventos otros que la protesta en todas las sedes de la EPO a través de Europa



  18. [ES] Los Medios de Comunicación Comienzan a Informar al Público Europeo Acercas de las Desventájas de la UPC Mientras que la EPO Acelera su Cabildeo por Ratificación

    La vergonzósa promoción de la UPC por parte de la EPO da otro paso adelánte mientras que venues de la prensa Europea (incluso canales de televisión) comienzan a explorar el arreglo secreto que es negociado por los abogados de patentes (con clientes corpórativos) y las oficinas de patentes, no el público o cualquier grupo que represente los intereses del público en general



  19. [ES] Algunos Detalles Acerca de ¿Cómo el Presidente de la EPO Es Rumoreado Estar Comprando Votos, y el Porqué es Suficientemente Base Para un Despido Inmediato?

    Algo de información tras las cortinas y una detallada explicación de la dependencia finánciera sistemática, creada por Battistelli a un costode €13 millónes o más, la cuál evita una efectiva supervisión de Battistelli



  20. Mishi Choudhary and Mike Masnick Explain Why India Should Reject Software Patents

    Both an Indian activist-lawyer and a widely-recognised author from the US explain to Indians why over-reliance on patents -- and acceptance of patents on software in particular -- is a very bad idea



  21. Microsoft Boosters Pretend Microsoft Fights for Privacy While the Company Uses Malware Tactics to Put Keyloggers on Everyone's Computers

    In spite of malware-inspired tactics that should land Microsoft in courts of law all around the world (as a defendant), Microsoft-friendly circles pretend that the company fights for people's rights like privacy -- all this when Microsoft installs keyloggers on people's PCs without their consent and obviously against their will



  22. Battistelli's Assault on EPO Staff's Right to Strike in Relation to French Politics and That 'Bicycle' Pretext for Crackdowns

    The latest bicycle 'gossip' and how it's being used, based on expectations from EPO staff, to introduce further crackdowns on human/labour rights



  23. Vice-President of the EPO Under Investigation: Treason, Abuse, Violations, Giving and Receiving Bribes

    An English translation of documents involving the Organised Crime Section of the Criminal Police Department in Zagreb, where the Vice-President of the EPO faces criminal charges



  24. EPO Management Warns People About Scams When the EPO's Management is Itself Falling for Scams

    Jesper Kongstad, the Chairman of the Administrative Council of the European Patent Organisation, helps demonstrate that not even the EPO is intelligent enough to spot an obvious scam



  25. Links 28/5/2016: Wine 1.9.11, New Gentoo

    Links for the day



  26. Links 27/5/2016: Android for Raspberry Pi, Google Beats Oracle in Court

    Links for the day



  27. Warning: EPO Surveillance May Have Just Gotten Even More Intrusive

    BlueCoat, which the EPO uses to enable oppression inside its European premises, has just gotten even nastier and staff may be at risk



  28. Victim Card Ends up in Another Blunder for Battistelli and His Six Bodyguards

    Battistelli is wrecking what's left of the EPO's reputation (after decades it took the Office to earn it) as the media continues to scrutinise his appalling regime



  29. Italian Report About EPO Now Available in English

    An English translation of a TV program which earlier this month documented some of the glaring problems at the EPO



  30. The EPO is Doing Great, Says EPO-Connected 'News' Site

    IAM 'magazine', a longtime ally of the EPO, gives people the impression that all is fine and dandy at the EPO even though that's clearly not the case


CoPilotCo

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

CoPilotCo

Recent Posts