Bonum Certa Men Certa

Don't Count on Patent 'Reforms' in the US

Roof



Summary: In patent law, just like in most other areas of law, 'reforms' achieve nothing except reinforce the status quo

BOGUS 'reforms' are common vehicles for 'normalising' what's already in place; such is the case with the NSA 'reform' that has been branded "Freedom". Newspeak triumphs again.



The 'Freedom' Act basically stamps (for approval) what was lumped on top of 'Patriot' Act in the same way that patent 'reforms' in the US (also named along the lines of "invent" or "innovation") basically authorise patent trolling and do nothing to limit patent scope, which expanded over time.

Years ago we cited reports that Intellectual Ventures, the world's largest patent troll (which is highly connected to Microsoft), spent millions lobbying the US government along with Bill Gates. They don't want anything to change. Now we know that patent trolls continue getting their way in Congress because money -- not logic -- drives US policy. To quote a long new report: "Trial lawyers are heavy donors to Democratic politicians, including Reid. A Washington Post article on Reid's fundraising during his 2010 campaign noted big-money fundraisers taking place at a Florida trial lawyer's home, as well as one held in California by the top securities class-action law firm, now named Robins Geller Rudman & Dowd."

Another report from the same site shows how hard it has become to challenge patent trolls in the US:

Judge: FindTheBest can’t use anti-extortion law against a patent troll



[...]

Last year, consumer search website FindTheBest tried to use an anti-extortion law to fight back against Lumen View Technology, a patent troll that attacked it with a "matchmaking" patent. While FindTheBest was able to knock out Lumen's patent in short order, its lawsuit based on the Racketeering Influenced and Corrupt Organizations (RICO) Act came to an end this week.

The judge's opinion recounts some of the facts that led up to the RICO case, such as Lumen's attorney, Damian Wasserbauer, accusing FindTheBest CEO Kevin O'Connor of committing a "hate crime" for using the term "patent troll" against one of Lumen's owners.


Basically, not only patent law is flawed in the US; it's now expanding to copyright in the sense that APIs are deemed copyright-able.

Recent Techrights' Posts

Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
 
Gemini Links 01/09/2025: News Corp. WSJ and A Month With NixOS
Links for the day
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
“Sideloading” Never Killed Anybody
There are many online discussions this week about the misnomer "sideloading"
Slopwatch: Google News as FUD Vector Against Linux and Plagiarism Enhancer, Serial Slopper (SS) Uses LLMs to Googlebomb "Linux"
Slop destroys the Web not just by screwing with search engines and helping plagiarists. It's also responsible for de facto DDoS attacks...
Links 01/09/2025: "Attacks on Science" and China's "Soft Power" Grows
Links for the day
Links 01/09/2025: Fresh Backlash Against Slop and "Norway’s Electricity Crisis is About to Hit Britain"
Links for the day
Links 01/09/2025: Catching Up (Mostly via Deutsche Welle), "Windows TCO" Effect in UK
Links for the day
Gemini Links 01/09/2025: Linguistic Barriers and "Web 1.0 Hosting"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 31, 2025
IRC logs for Sunday, August 31, 2025
The UEFI 9/11 - Part IV - External Interference
They all seem to be playing a role in crushing Software Freedom and self-determination for users
Links 31/08/2025: Baggage Claim Scams, an Insurrectionist’s War on Culture, and a Sudden Robotics Hype
Links for the day
Gemini Links 31/08/2025: Reviewing Netsurf and Slightly Less Historic Ada Design
Links for the day
IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
This is What Google News Has Become
Moments ago
The Slopfarm WebProNews Has Turned Google News Into a Laughing Stock Full of Plagiarism by Slop
If Google News dies of neglect, that's one thing. It's starting to seem like active neglect by Google is a form of participation.
Do What is Moral, as What's Legal Isn't Always Moral
Do what's objectively moral, no matter the costs and the risks
Slopwatch: Google News Assisting Plagiarism and Anti-Linux FUD, Serial Slopper Rips Off Linux-Centric Journalists
This makes the Web a much worse place and lessens the incentive to do journalism
Links 30/08/2025: NVIDIA Fakes Results to Hide a Bubble Already in Implosion Phase, Data Breaches Galore, Important Win for Workers' Union in Canada
Links for the day
Representing and Speaking for Animals
If I ever choose to take this matter to tribunal with animals-centric NGOs on my side, it'll get some press coverage for sure
The UEFI 9/11 - Part II - Campaign of Censorship and Defamation Against Critics
In dictatorships, humour serves an important role. It's tragic.
In Kazakhstan, Yandex Estimated to be 20 Times Bigger Than Microsoft
Bing is measured as down this month
Shutterstock Not Enough? The Register MS Uses Slop Images in Articles (Seemingly More and More Over Time)
Cost-saving trajectory amid office shutdown?
Gemini Links 30/08/2025: Games, PostmarketOS, and Slop
Links for the day
Links 30/08/2025: Imgur Uproar and Many Ukraine Updates (Mediazona Reports Over 200,000 Russians Died for Putin)
Links for the day
How Not to Build Software
code forges that need a Web browser perhaps fill some 'niche' demand
GAFAM and "MATA"
The use of dark humour there hopefully helps illuminate what a lot of "modern" technology became like and how it interacts with human civilisation (to what ends and whose gain)
Birds Are Not "Pests and Vermin", Privacy is Not a Crime, and GNU/Linux is Not 'Hacking Platform'
I could not help but think of Free software analogies
The Sites Should Be Very Fast Again
That issue is now resolved
Flying in 2025
worse than ever before
Activists, Including Technical Activists, Need Not Pursue Affirmation
Techrights doesn't play or participate in a "popularity contest"
The UEFI 9/11 - Part III - Chaos is Scheduled to Happen Second Thursday of September (No Matter What the Microsofters Tell You)
The clock is ticking
Downplaying the Impact of "UEFI 9/11" is a Losing Strategy
we won't publish much whilst on holiday
Government Sites Should Run Free Software
Not proprietary bloatware with buzzwords
LLM Slopfarms Take No Breaks
When people run sites by bots they don't need to worry about "breaks"
GNOME Having a Meltdown Again
Thanks and farewell to Steven Deobald
Gemini Links 30/08/2025: Low Tech and Hunchbin 1.0.6
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 29, 2025
IRC logs for Friday, August 29, 2025