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. Mozilla Will Relay Firefox User Input (Even Keystrokes) to Microsoft and the NSA Through Yahoo in the US

    Mozilla is letting Microsoft manage users' data in Firefox, including keystrokes in the address bar



  2. Microsoft Found to Have Broken the Law in China (Tax Evasion), Just Like Practically Everywhere

    China is reportedly taking action against Microsoft's notorious habit of tax evasion and fining the company well over $100 million



  3. Links 26/11/2014: Docker Patched, New DragonFlyBSD

    Links for the day



  4. Message to the Corporate Media: Bill Gates is Not an Ebola Expert

    Brainwash in the corporate media, including media that the Gates Foundation bribes in exchange for sheer bias, paints the super-rich as the solution rather than the problem



  5. US Government Finally Probes Microsoft Over Financial Fraud, Microsoft Then Bullies the Government With a Lawsuit

    Microsoft is finally being investigated -- perhaps properly too -- for its well-known tax abuses that have so far proved that Microsoft is "too big to jail"; Microsoft is suing the investigator, exerting its abusive power to discourage further investigation



  6. Gagging Critics: Micro Focus-Run SUSE Bribes Journalists in Exchange for Positive Coverage

    Amid the takeover by Micro Focus, SUSE pays journahayess (especially critics) who in turn become some kind of advertisements feed of Novell



  7. Links 25/11/2014: Tizen News, Jolla Tablet Past Million

    Links for the day



  8. Links 24/11/2014: Linux 3.18-rc6, Qualcomm Eyes GNU/Linux Servers

    Links for the day



  9. Boycotting Micro Focus International

    Microsoft's "Partner of the Year" is taking over the patron of SUSE and all of Novell's remains, except the patents (Microsoft has already grabbed those)



  10. Vesna Stilin's Remarks on Željko Topić: Part XI

    Vesna Stilin speaks about her confrontation with EPO Vice-President Željko Topić, who has criminal lawsuits against him in Croatia



  11. Links 22/11/2014: Linux Mint 17.1, Ubuntu MATE

    Links for the day



  12. Links 21/11/2014: Problems at Debian, Jolla Tablet

    Links for the day



  13. Links 18/11/2014: Linux 3.18 RC 5, New DigiKam

    Links for the day



  14. Special Report: Many Criminal Charges Against EPO Vice-President Željko Topić

    The abuses of Željko Topić, who has gained notoriety in his home country, are rapidly becoming public knowledge across all of Europe



  15. Links 16/11/2014: Xfdesktop 4.10.3, GNU Hello 2.10

    Links for the day



  16. Microsoft is Going Into the Anti-Whistleblowing Business, Dodges Criticism Over 19-Year Bug Door in Windows

    With Aorato acquisition Microsoft helps protect the criminals (from whistleblowers) and with lies about .NET Microsoft distracts from a bug that has facilitated remote access into Windows (by those in the know) for nearly two decades



  17. Reaffirming Microsoft's Long-Known Hostility Towards Net Neutrality, Microsoft Crashed Juniper

    Steve Ballmer is ranting against net neutrality and Juniper's business is in trouble after a lot of executives from Microsoft took over most top positions there



  18. Another Massive Step Towards Elimination of Software Patents as Even CAFC Rules Against Them

    After SCOTUS gets involved in the Ultramercial case, the CAFC finally decides to actually serve justice rather than dogma



  19. The GOP's Patent Reform Plan Not Effective Enough to Stop Massive Patent Trolls Like Microsoft/Nokia

    The corporations-serving GOP says that it wants a patent reform, but another reminder is needed of the futility of the suggested changes



  20. How the EPO's Executive Branch (Battistelli and Topić) Banned Scrutiny and Created Authoritarian Model of Control: Part X

    A look at highly dubious moves by EPO President Battistelli and his right-hand man Topić, whose abuses are becoming hard to oversee or even report



  21. Links 15/11/2014: Linux Mint 17.1 Release Candidate, Popcorn Time 0.3.5

    Links for the day



  22. IRC Proceedings: October 26th, 2014 – November 8th, 2014

    Many IRC logs



  23. The Terrible Joke Which is Microsoft 'Loving' Linux: Nightmares With UEFI 'Secure' Boot (i.e. Windows Monopoly Imposed) Continue to Affect GNU/Linux Users

    A reminder of Microsoft's sheer hostility towards GNU/Linux and long-reaching sabotage of GNU/Linux installations



  24. Patent Lawyers Worry About Section 101 in 'Alice' (and Other Patent News)

    A quick roundup of news of interest regarding software patents



  25. Will Write for FUD (Against FOSS)

    Black Duck rears its ugly head again, serving to show that it is in the business of changing perceptions and not in the information or analysis business



  26. Debunking Several Days of Never-Ending Lies About Microsoft and .NET

    .NET is not "Open Source", it cannot be forked (there remains patent threat), Visual Studio is still completely proprietary and it is expected to come to other platforms only because Windows has lost its dominance and Microsoft wants to perpetually control APIs (with software patents) and hence reign over developers



  27. Links 14/11/2014: LibreOffice 4.3.4, Ads Now in Firefox

    Links for the day



  28. Links 14/11/2014: GNOME 3.14.2, PulseAudio 6.0

    Links for the day



  29. Microsoft Windows is Still Designed as a Paradise of Back Doors, Intrusion, Wiretaps, and Interception

    At many levels -- from communication to storage and encryption -- Windows is designed for the very opposite of security



  30. Forget the FUD About Bash and OpenSSL, Microsoft Windows Blamed for Massive Credit Cards Heist

    Home Depot learns its lesson from a Microsoft Windows disaster, but it stays with proprietary software rather than move to software that is actively audited by many people and is inherently better maintained (Free/libre software)


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