Bonum Certa Men Certa

The Good News: White House Knows the Patent System is Broken. The Bad News: It Does Not Understand Why.

The Red Room is still dominated by corporate guests like Gates and Ballmer

Red Room



Summary: A summary of thoughts and analysis amid White House statements regarding the patent system

There is good news but also bad news, as we noted earlier this week. For quite some time now, US politicians have been pushing for reform involving trolls but not software patents, or scale rather than scope [1, 2, 3, 4, 5, 6, 7].



“...fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria.”
      --Richard Stallman
A high-tier court decision regarding software patents sure had the potential to change the consensus about patentability of software in the US. It didn't happen though. The patent lawyers are littering 'legal' sites (designed for patent lawyers' interests, suiting the target sudience) with yet more promotion of software patents, characterising the latest CAFC ruling as providing "limited guidance". The problem is, the news feeds on the subject of software patents are filled to the rim with software patents promotion like this. By this point, those who claimed that many software patents had died in the US have been mostly washed away by the stampede of overzealous patent lawyers. It was the same after the Bilski case. Life goes on, the status quo is hardly challenged.

The EFF has lost its sting because it recently started focusing on patent trolls again (like this one), instead of software patents. Here is the alleged troll:

The "inventor," Jim Logan, started a completely failed business around delivering audio news on cassettes. And now he claims to have invented podcasting and wants a cut. Once again, it's an example of everything that's wrong with the patent system.


Dr. Richard Stallman, whom I habitually chat with, famously said that "fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria."

Likewise, going after one particular segment is hardly the solution to the problem.

A lot of reports about Obama's attention to patent trolls can be found out there, including weird intervention by a SCOTUS judge. As one reporter put it:

Given the timeliness of the issue, it's no shock to see an op-ed about the issue in today's New York Times, suggesting a solution to "[t]he onslaught of litigation brought by 'patent trolls.'" But the missive comes from a surprising and influential source—Randall Rader, the Chief Judge for the US Court of Appeals for the Federal Circuit, which hears all patent appeals.


Here is the original. Just like Judge Posner [1, 2, 3, 4, 5, 6], Rader turns into some kind of columnist, which is inappropriate and unprofessional. Rader responds to the White House's move, showing himself to be another politician in a robe. Here is the original fact sheet accompanying this blog post, request for feedback, and social media posts. Well, we'll spare unneeded repetition of the news and concentrate on EFF posts from Julie Samuels, who targets not software patents but patent trolls (loss of focus at the EFF). Gérald Sédrati-Dinet (of April) tells Samuels "go go go for a clear exclusion and/or exception for #SoftwarePatents" while Andy Updegrove, a "good lawyer", has this analysis which says:

Yesterday, the Obama administration announced a new effort to curb baseless patent lawsuits, which it believes are stifling innovation and economic activity. The new initiative would take five actions under the President’s Executive authority, and also makes seven legislative recommendations intended, “to protect innovators from frivolous litigation and ensure the highest-quality patents in our system.”


Steph Kennedy, the person behind That Patent Tool and a funny blog about patent trolls, wrote about this also. Matthew Rimmer ‏thinks aloud: "Given Obama's US initiatives, why doesn't the Trans-Pacific Partnership have proper safeguards against "patent trolls"?" Good question and probably a rhetorical one, too.

Press coverage [1, 2] and blog coverage [1, 2], including coverage from the Gates-funded 'Guardian', has not been great. It was shallow and it didn't add much, unlike Masnick's great site which noted:

We'd already discussed President Obama's proposals for patent reform, but now that the announcement is official, it's worth also looking at the report about the broken patent system that was released at the same time from the White House, put together by the President’s Council of Economic Advisers, the National Economic Council, and the Office of Science & Technology Policy. It's a quick read, but does cover many of the high points of just how broken the system remains.


Will Obama put an end to Intellectual Ventures (IV), by far the world's biggest patent troll which was was recently exposed as having around 2,000 proxies? It's a pyramid scheme that should be pursued with criminal charges, not a mere reform in the patent system. Watch the "Cult of Gates" as iophk calls it. The pro-Microsoft site which does damage control like this as the CIO of Microsoft quits, is still trying to portray IV as anything but a troll. Bishop, a longtime friend of Microsoft who has whitewashed the Gates Foundation with its patent troll partner (IV) and continues to do so, is at it again, responding to the facts about IV by saying "Microsoft chief technology officer, who still works regularly with Bill Gates on a variety of businesses and projects."

“Google knows how to fight, and if you look at their record, they tend to win in the end. As for Microsoft, is their motto, Always do Evil?”
      --Pamela Jones
Yes, Gates is well connected to this troll and he too should come under Obama's hammer, but will he?

Here is the original piece (transcript) and a timely reminder that trolls are not the sole issue. Obama should also go after companies like Monsanto and Microsoft,

Simon Phipps, OSI President, says about the damage control from the pyramid scheme that "Intellectual Ventures recognises we all think their business stinks and promises to do a better job hiding it" (IV is quite secretive indeed, and the thousands of proxies help obfuscate its modus operadi).

Pamela Jones helps remind us of how Microsoft uses trolls as proxies in its battles. Regarding Vringo Jones wrote: "A couple of things about this Vringo affair. First, Mark Cuban bought a 7% interest. Blech. Speaking of stupid patents, Google has asked for reexamination of the patents, and some of the claims were already preliminarily rejected. And with Google's record in patent cases, these greedy folks may just end up put out of the Vringo lawsuit business. Hence Microsoft transferring to them some patents? You think? You can find directions to find the USPTO office action on the two patents in suit -- 6,314,420 and 6,775,664 -- here if you'd like to track it, and if you know of any prior art, sing out. Vringo investors stated that their goal was multiple billions in both damages and royalties from Google, and that dream has died, and they also predicted that they'd send Google's stock to zero. What kind of malevolent dream is that? They imagined Google would settle. Good luck with that, bullies. Google knows how to fight, and if you look at their record, they tend to win in the end. As for Microsoft, is their motto, Always do Evil?"

On a separate occasion she wrote regarding MOSAID, another troll which Microsoft uses as a proxy. Correctly, in light of this article she wrote: "Good! People are noticing what I'm noticing. Have I not been telling you this for a long time? And may I please point out a smarmy irony? Microsoft is complaining with tears and loud outcries to courts about Motorola asking its usual price for FRAND patents, and meanwhile, it joins with Nokia to transfer FRAND patents to a troll, with the explicit hope of being able to avoid the FRAND commitment, as the article points out: "Nokia could not assert these 2,000 patents without breaking patent peace and risking counter-suits for patent infringement. MOSAID can use these patents without fear because MOSAID does not practice in the industry and immune to countersuits. The transfer also allows Nokia to evade a FRAND commitment not to charge more than 2% total royalty for all the wireless SEPs in Nokia's portfolio." Priceless. 2% is very close to what Motorola was asking. How amazing Microsoft's gall is. Nokia... what can I say? It's pitiful. Doesn't Microsoft know how to compete without antitrust issues coming to stage front, center? They should put some of this wonderful energy into making better phones and tablets, methinks, instead. And if they can't, they should step back and leave others alone instead working for destruction of others whose products people actually do want to buy. Patent litigation is what dying companies resort to. The article doesn't seem to have a link to the article it says we should all read, so I looked around, and I think this is probably the one [PDF], an article titled "Patent Assertion Entities and Antitrust: Operating Company Patent Transfers" from April, available on the Antitrust Source website."

“MOSAID can use these patents without fear because MOSAID does not practice in the industry and immune to countersuits.”
      --Pamela Jones
And what about IV? This is Microsoft's largest troll proxy. It feeds companies that act as second-tier proxies, e.g, Lodsys, to attack Android and Apple's iOS developers, essentially extorting them.

Jones had this to say about Apple: "Here's what I think folks are missing. They keep writing that Samsung hasn't done well in the US against Apple, as if Apple keeps winning. It won once, damages, but it failed to win an injunction. As for the Motorola case, Motorola won an injunction against Microsoft in Germany, but Microsoft then got a home-team judge in Seattle to block it. Samsung also won several rulings against Apple in the UK and in Europe. It prevailed in a Dutch ruling just this week, which found that it had not infringed Apple's design patents. The UK not only ruled the same; if force Apple to publicly apologize for claiming that Samsung was a copycat.

"What is significant about this win for Samsung is this: It is the first time either Samsung or Apple has won an injunction against the other. The second huge win is because Samsung won at the ITC with FRAND patents, which both Apple and Microsoft have been claiming should never be allowed to even ask for an injunction. If we analyze the whole picture, then, I'd have to say Samsung is now doing better than Apple. I hate software patents, personally, and I don't believe they are valid, and watching this all play out makes me hate them more, but if you are analyzing events, there is no question Apple's thermonuclear war against Android is fizzling out, and after the President's trim-the-trolls announcement, I think extremist patent strategies will be less and less successful, precisely because we are all sick of it and the President is now sick of it too, evidently. He may be focusing specifically on trolls, but all the fighting is exhausting and unappealing to watch play out. Nobody, other than the parties, wants either company's products banned. There. I said it. We hate patent law for even making all this possible."

“...after the President's trim-the-trolls announcement, I think extremist patent strategies will be less and less successful, precisely because we are all sick of it and the President is now sick of it too, evidently.”
      --Pamela Jones
Android is not under attacks only by trolls but also Apple, Microsoft and Oracle (CPTN), which faces growing opposition as documented by Groklaw over the past week or so. Tackling the trolls won't be enough. Jones too said this several times before, so why cheer so much over Obama's latest move?

Microsoft's chief patent terrorist, Horacio Gutierrez, says "Devil’s in the details: Proposal to expand business method rules to software patents could harm innovation and jobs" (link to Microsoft's lobbying blog where extortion legalisation is constantly advocated by Gutierrez). At least we see reaffirmation of Microsoft's strong anti-Linux and anti-FOSS position. How convenient software patents must be for them now that they have a monopoly and a pocket deep enough to engage in SLAPP-based (strategic lawsuit against public participation) racketeering.

Comments

Recent Techrights' Posts

IBM Bubble Deflating After James Kavanaugh's Accounting Trick With 'Toxic Assets' Comes Under SEC Scrutiny
If something goes up based on false speculations, bonus numbers and self-serving lies, then it'll come back down, eventually...
The EPO's Corruption and Violation of Rules is Spreading to the United Kingdom (Software Patents)
Yesterday a letter was sent to the chief regarding salaries while reminding him of the next strike, which is only 11 days away
IBM Continues Tanking Today, Already $58+ Lower Than Recent High, Insiders Explain Why
The same CFO from the inception of Kyndryl is still the CFO at IBM
Put Criminals in Prison, Not People Who Report the Crimes
Can people be sent to prison for opposing crime?
Threats From 'Former' Red Hat (Now IBM) Staff While IBM's Likely Accounting Fraud Attracts Public Scrutiny
We must be getting "warm"
 
Mainstream Media Intentionally Ignoring EPO Strikes
“EPO on Strike!”
Jeffrey Epstein crypto disclosure: uncanny timing, Bitcoin demise, pump-and-dump, ponzi schemes
Reprinted with permission from Daniel Pocock
Gemini Links 12/02/2026: Avoiding Coffee, Trying Ubuntu, and "Open Source Robot"
Links for the day
Microsoft Slop CEO Speaks of Layoffs
They will go along with the "replaced by AI" baloney
In Systematic Contempt of the British High Court, Brett Wilson LLP Spent Two Years Lying to Courts and Breaking Rules Against Us
We criticise Brett Wilson LLP quite lot because of its conduct
IBM Kyndryl as "Aggressive “Enron” Accounting"
IBM Kyndryl continues to nosedive today
Relationships evidence: Tiago, Tassia, Thais, Antonio & Debian favoritism, nepotism
Reprinted with permission from Daniel Pocock
Debian pregnancy cluster: why it is public interest
Reprinted with permission from Daniel Pocock
State of the Slop, Slopfarms Containment
Slopfarms still exist this year, but their visibility is limited
Links 12/02/2026: Pushback Against, "NATO Is Expected to Step Up Arctic Security"
Links for the day
Links 12/02/2026: "Microsoft Just Forked Windows" and Windows Notepad is a Giant Security Hole
Links for the day
Windows Has Become Increasingly Irrelevant
There's a very massive wave of layoffs coming Microsoft's way
Our Most Successful Year Ever
The hired guns in London are eager to turn the UK into another China
Slopfarms Waning, But Not Extinct Yet
Metrics show that usage of LLMs is declining
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 11, 2026
IRC logs for Wednesday, February 11, 2026
IBM's Stock is Crashing
If it follows the trajectory of its satellite Kyndryl, it can fall and reach as low as $75
Gemini Links 11/02/2026: Sunny Morning and "KiCad Aims to Ease Linux Installation"
Links for the day
Microsoft Loses Ground in Switzerland
One issue is, Google and Apple seem to gain at Microsoft's expense
Microsoft Layoffs Must be Very Near (and Very Large)
just like IBM
Bringing Attention/Awareness of EPO Corruption and Cocaine Use to the Mainstream Media
What has Europe become? Prey to vultures?
The Solicitors Regulation Authority (SRA) Delusion - Part V - Everyone Seems to Agree That SRA is a Sham
We're going to start a new series soon
A Can of WORMS - Part V - Up Next: The Comeback of RMS in the United States
Guess who funds the cancellers
Matthew J. Garrett Has Just Sent a Threat to Put My Wife and I in Prison Because His Own Spouse Says He's a Rapist
What really intimidates him is his own spouse
Gemini Links 11/02/2026: Terminator Trilogy and Lagrange in the Apple App Store
Links for the day
Links 11/02/2026: Fentanylware (CheeTok) for ICE, Jimmy Lai Shows Journalism Became 'Crime' in Hong Kong
Links for the day
With Firefox Measured at 2% in the United Kingdom Time is Running Out for Web Site Support for Gecko/Servo Users
The open Web is rapidly dying while Mozilla celebrates and champions slop
Lawsuit reactions: EFF behaviour reveals zombification, censorship
Reprinted with permission from Daniel Pocock
Links 11/02/2026: $700 Billion Slop Bill, Social Control Media Under Political Fire for Deliberate Health Harms
Links for the day
Amended Input From Software Freedom Institute for EU Consultation on Free Software
"On 3 February 2026 Software Freedom Institute lodged a submission with the European Commission's inquiry into Open Digital Ecosystems"
Mobbing at the European Patent Office (EPO) - Part VI - Attacks on Staff and Attacks on the Law Merit Another New Series
new series coming shortly
Nadella's Mindless PR Spam Ahead of the Layoffs 'Snowball' (Adding Up Batches) Turning Into an Avalanche
Based on recent observations, the more puff pieces we see about Nadella, the closer we get to Microsoft "pulling the trigger" on mass layoffs
When Happens to Red Hat If (or When) IBM Collapses
IBM is in flux because its CFO is now implicated in what seems like accounting fraud
IBM's Financial Engineering (Accounting Fraud) Shell, Kyndryl Holdings Inc, is Insolvent
If this was done by the very same people who still run IBM, can we expect any better from "Sugar Daddy" IBM?
2026 a Very Productive Year and We Have Many Big Stories to Tell
maybe we'll produce 8,000 new articles/pages by year's end
Clownflare is in Trouble as Its Debt More Than Doubled in Less Than a Year, Expect Further Enshittification
Clownflare isn't free
After the Next Wave of Microsoft Layoffs Washington State Could be #1 for US Layoffs
Microsoft Corp shares were down yesterday
EPO's Local Staff Committee The Hague (LSCTH): The EPO is Generally “Managed by Excel” (Microsoft)
The current management has basically defined corruption to be "success"
With an IBM Company Down Over 75% After Apparent Accounting Fraud the IBM Insiders Want Answers From James Krabanaugh
He has no technical qualifications
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 10, 2026
IRC logs for Tuesday, February 10, 2026
A "horrible week (hebdomada horribilis?) for the Solicitors Regulation Authority" (SRA)
The SRA is part of the SLAPP problem
EPO's Central Staff Committee (CSC) on EPO Social Dialogue
They've refrained from mentioning the industrial actions
Google Still Helping the Slop Pyramid Scheme, Encouraging Plagiarism Too
Google is a plagiarism company and it wants public solidarity for plagiarism by LLMs
The Register MS is Promoting Ponzi Scheme for Financial Fraud/Accounting Fraud Company, The Register MS Gets Paid to Do This
Published 6 hours ago
IBM's Kyndryl Managed to Fall to Less Than a Quarter of Its Past Year's High
Imagine IBM falling to $75
Gemini Links 10/02/2026: "The Luminous Dead", Matrix, and Containers
Links for the day
Links 10/02/2026: Media Freedom Feels Dead in Hong Kong and Grammys, Superbowl Becoming Politics
Links for the day
Kyndryl CFO Harsh Chugh Comes From IBM (17+ Years)
Who would want such a position?
IBM RAs (or PIPs) in London, England?
They try to keep the lid on it
International Buybacks Machines
Will the current US administration/regime look into IBM's accounting or only its mini me's?
IBM Could be the Next Kyndryl, a Dinosaur With Accounting Fraud
Many shareholders (or even pension funds) are taking a big hit today
Ian Murdock Died in San Francisco 10 Years Ago. Cops Led to His Death.
10 years ago Ian Murdock died after cops had messed him up
US/Europe divergence: health & safety, criminality & Debian harassment culture: Open Digital Ecosystems submission F33370170
Reprinted with permission from Daniel Pocock
Links 10/02/2026: Splinternets and "Meta Goes to Trial in a New Mexico Child Safety Case"
Links for the day
Russia and China Best Off Without GAFAM
What if they abandoned GAFAM?
Will Finns Put Out the Online Cigarettes?
More people recognise that the child porn site formerly known as "Twitter" and Cheeto/Pooh-tin controlled TikTok are no longer trustworthy
As the US Economy Sags Microsoft Layoffs Carry on (Now in Larger Waves Like 15,000 Per Season or 30,000+ Per Year)
They try to avoid "negative" topics
GNU/Linux at 3.99% in Australia
now that Australians can no longer keep Vista 10
Microsoft Windows Falling
analytics.usa.gov Shows Rapid Erosion of Windows Market Share Since 'End of 10' (Vista 10)
Microsoft Windows Hits All-Time Low in The Netherlands in 2026
Europe needs to rid itself or wean itself off GAFAM
SRA: SLAPPs From Russian War Criminals and American Men Who Strangle Women Are Acceptable
The SRA, by inaction, is complicit in this
The Solicitors Regulation Authority (SRA) Delusion - Part IV - Machos in Charge of the House (and System), Even If the Faces Are Female (Optics)
basically a Windows/Microsoft (US) shop
From Weber Shandwick (Microsoft PR) to Brett Wilson LLP (Hired Gun of the Serial Strangler of Microsoft)
they basically tried to charge me a lot of money for a PR project of someone who strangled women
The Solicitors Regulation Authority (SRA) is Not a Regulator, It's Part of the Litigation "Industry" in the UK (They Overlap Each Other)
Does nothing except talk about SLAPPs
Brett Wilson LLP Seems to Have Done for Roberto Foa What It Did a Year Earlier for the Serial Strangler from Microsoft
Repeat abusers (of the legal system) will misuse it as long as regulators do nothing
In Finland, Microsoft Falls Behind Yandex (Russia)
Bing has had many layoffs in recent years
Security More Advanced in Geminispace Than on the Web (Bloat)
For real security, use Geminispace capsules, not Web sites
Slop at Microsoft is a Miserable Failure, Now Microsoft Takes the "Vista Route" (Paying People to Say Good Things About It)
This is brainwash, it's meant to delay the implosion of the bubble
Rumours About February 2026 Microsoft Layoffs: Silent Layoffs or 30,000 Culled Tomorrow
Sooner or later (and soon) Microsoft will need to say something and file some WARN notifications
GNU/Linux at 12% in Guam, Based on statCounter (Compared to 2-3% a Year Ago)
Guam's "uptick" in GNU/Linux usage started weeks after "end of 10"
Where We Stand With the Winter Series
We'll need to protect names and sources
Fighting Slop With the Public Domain (and Why Slopfarms Perish Faster Than New Ones Appear)
We can combat the nonsense by producing more human-made works until the slop bubble implodes
After Employee Reviews at IBM Staff Expects Another Large Wave of PIPs and "RAs" (Layoffs)
From what we can see in the "public Web"
Gemini Links 10/02/2026: "The Last Messiah", Discord for Adults
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 09, 2026
IRC logs for Monday, February 09, 2026
Is Europe Abandoning Digital Opium?
GAFAM-controlled social control media