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

06.22.14

As Expected, SCOTUS Decision on Software Patents Already Distorted by People With Pro-Patents Agenda

Posted in Deception, Patents at 8:22 am by Dr. Roy Schestowitz

Patent lawyers fight to maintain artificial barriers

Border

Summary: Systematic distraction or obfuscation of the SCOTUS ruling, which basically rendered a lot of software patents utterly useless in every court in the United States and abroad/at the border (ITC)

WE SAW THIS after the Bilski case. We saw it many times after that. Lawyers try to shape the truth based on their own preferences. That’s what they do for a living. We must counter them before they successfully change the nature of this whole debate.

Various articles that we see coming from patent lawyers (and patent-centric publications) are an absolute disgrace, but this is precisely what we predicted would happen. Revisionism as such typically becomes necessary when there’s a decision impacting their business. They turn their back on truth and start spinning, or lying by omission.

Remember that lawyers are good liars (or truth twisters), they are not necessarily judges, although judges too have their faults and occasional corruption. Their goal is not justice. They need to just lie on behalf of people (clients), or twist the facts not for the purpose of justice but for winning a case. That’s their occupation by definition and the SCOTUS decision is seen as a threat to some of them.

We have been finding some more articles that we did not see in our fairly large/comprehensive press survey. Here is the EFF speaking about “bad patents” (the EFF prefers not to talk about “software patents” so much anymore, just like the Bezos/Amazon-owned CIAPost which speaks of ‘”bad” patents’). There is also some analysis from eWeek, IP Watch, and pro-Android circles.

The corporate media’s coverage [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12] was mostly OK (sticking to the facts rather than twisting them), but there’s already spin from patent lawyers, such as this article by James M. Singer from Fox Rothschild LLP. Its headline states “Supreme Court Delivers Blow To ‘Abstract’ Software Patents, While Stating That Software Still Can Be Patent-Eligible” (the latter part conveys bias).

Here is another example of distortion, with the headline “Supreme Court blow to software ‘patent trolls’”. It’s a weird type of spin, similar to “US Supreme Court squares up to software patent trolls with stricter rules” (from Microsoft-friendly site). Well, the ruling does not say anything about trolls, it speaks about scope. Here is a headline that says “US Supreme Court deals major blow against software patents and patent trolls”, again introducing a discussion about “trolls” where none really existed. SCOTUS dealt with patent scope, so to twist/shape this into something else is simply inadequate.

Watch how Microsoft booster Richard Waters twists the facts, by going with the deceiving headline “Software patents survive US Supreme Court test”. This lousy journalist is a longtime Microsoft spinner (who told lies) and he has just told readers the very opposite of what happened. Richard Waters makes the Financial Times look no better than Fox ‘news’ (AP and CNN did get it right this time).

Now, watch how a typical lawyers’ firm approaches the subject of software patents or business method patents. A patent lawyer from Stuart Meyer, Partner, IP Group, Fenwick & West LLP pretends there is a lot of uncertainty after the decision, which is a common technique for preserving the status quo (pretending that a ruling changed nothing at all due to lack of clarity). It is very clear what SCOTUS has just done, but prepare for patent lawyers all around the world to storm and press and do some revisionism.

The SCOTUS decision would do more to help than all those so-called ‘reforms’ that achieve nothing serious, except perhaps the claim that something has been done (a distraction).

Another lawyer, Matt Levy , continues to divert attention to patent trolls. To quote his latest analysis: “Yesterday, the Supreme Court released its final patent opinion of the term, Alice v. CLS Bank. This case should help clarify the patent eligibility of software, and improve patent quality, but we’re still going to need patent reform legislation to really fix the problems in the patent system that are exploited by patent trolls.”

Nonsense. As many trolls use software patents, it is scope we should be striving to change. Some very large trolls like Microsoft would not be impeded by a reform that deals with small “trolls”. Patent Progress, the site of Levy, always focuses only on trolls; perhaps his goal is not to get rid of software patents but to merely change the landscape of litigation. Here he is speaking about trolls, including Intellectual Ventures, conveniently failing to mention the company behind it or that company’s record of racketeering with patents. “And earlier this week,” said this one post. “Matt Levy explained why the demand letter bills are insufficient to fix the patent troll problem.”

Matt Levy should be doing more to tackle software patents. The same goes for Steph from this trolls-focused site which asks: “You know what the biggest problem with patent trolls is? Oh sure, it’s that they cost companies buckets of money and stifle innovation by shutting down start ups. Those are bad, of course, but the real tragedy here is that they make people like Chris Hulls call someone a “piece of shit” and then look stupid in the process.”

The focus on trolls is the reason we stopped covering patent issues for nearly a year. Here we have an important decision regarding software patents, but people who claim to be pursuing “patent progress” carry on talking about trolls, as if they simply fail to see the broader issue and the ultimate solution to spurious litigation.

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. The European Patent Office Remains a Crooked Patent Office That Harms Staff and Abolishes the Rule of Law

    The EPO remains a sordid mess, but those who follow mainstream media might not know anything about it because it's not covered anywhere in 2019



  2. USPTO and EPO Faking Growth by Granting Patents on Everything in Nature, But Campaigners Strike Back

    The patent microcosm is eating the world; everything under the Sun must be patented, they insist, even life itself (so they can 'pirate' the Commons and then charge us a tax for 'access' or 'license' to it)



  3. IBM Happy That Patent Quality at EPO Collapsed and It's Easy to Get Software Patents

    The EPO keeps granting illegal European Patents and the media almost never mentions this illegality because it's in too amicable a relationship (typically financial) with the EPO



  4. The Linux Foundation's Staff Uses Windows and Microsoft. Now the Foundation Outsources the Coding and Hosting, Too (to Microsoft of Course).

    The disturbing turns of the self-described "Linux" Foundation, which seems to be promoting proprietary software and even Microsoft rather than Linux and Free/Open Source software while the role or capacity of Torvalds is being gradually diminished



  5. Links 25/6/2019: Raspberry Pi 4, Ubuntu's Change of Mind, Wayland’s Weston 6.0.1

    Links for the day



  6. Patent Extremism: Stacking the Panels, the Surveys, the Hearings, the Debates

    Projection tactics would have the public believe that those who oppose corruption are simply radicals; patent polarity has come to the point where if one isn't a "true believer" in blackmail (patent trolls) or opposes bribery, then one is simply a "fringe" and akin to terrorists



  7. Links 24/6/2019: Linux 5.2 RC6, Skrooge 2.20.0, ZFS vs. OpenZFS

    Links for the day



  8. The EPO Needs a President Who Obeys the Law, Not One Who Obeys Battistelli

    Succession based on nepotism at Europe's second-largest institution served to shown how inherently broken things had become and why cover-up of injustices is nowadays paramount (not fixing the flaws/ills but merely perpetuating them)



  9. With Water (Treatment) Already Patented It Won't Take Long for Patents (and Patent Royalties) on Air

    A 'paper economy' is what Europe turns into if the current trajectory is followed (led by lawyers, not producers)



  10. Bill Gates Said He Was on a “Jihad” Against GNU/Linux, But GNU/Linux Users/Developers Engaged in Self-Defense Are Foul-Mouthed 'Microsoft Haters'?

    Microsoft, which routinely commits very serious crimes, tries to come across as some sort of philanthropy whereas those who share their work with the public (for greater good) are described as erratic, rude and unworthy of respect from corporations (outcasts basically, deprived of income source)



  11. What Patents the EPO Has Just Awarded (With a Special Reward), Not Just Granted

    The EPO's practice of elevating some patents over the other patents (European Patents) is perhaps more of a societal liability than the EPO cares to realise



  12. Required Reading: Mental State of Team Battistelli/Campinos

    On the heels of yesterday's article about Team Battistelli/Campinos, here are some recommended/required papers on the problem which likely plagues the Office



  13. Links 23/6/2019: Wine 4.11, FreeBSD 11.3 RC2

    Links for the day



  14. Microsoft Apparently Did a Patrick Durusau on Wim Coekaerts to Broaden Its Control Over GNU/Linux

    Microsoft tactics for defection and takeover of the competition (without coming across as hostile) aren't new tactics; internal documents from Microsoft explain how to achieve this



  15. EPO Directors Would be Wise to Rebel Against Team Campinos While They Still Have the Job

    As the EPO continues its bold journey towards dictatorship (where presidencies are passed between friends and ‘circles’ are former colleagues or close confidants) Techrights urges those who have power to speak out — e.g. EPO judges and Directors — to do something before it’s too late



  16. American Front Group Open Invention Network (Riding the Linux Brand) is a Proponent of Software Patents in Europe

    The impact of American multinationals in Europe is difficult to deny; in fact, we're observing the same old lobbying/lobbies still working hard albeit more covertly (typically using front groups)



  17. Say 'Hey Hi' to Software Patents

    Using the “AI” (“HEY HI”) hype the ‘community’ of patent maximalists hopes that every little (and possibly very old) algorithm will suddenly sound amazing and innovative — to the point where it becomes unthinkable to deny a patent monopoly on it



  18. A Personal Note From Ted MacReilly (How Microsoft Works Against GNU/Linux)

    A tongue-in-cheek write-up highlighting the ways Microsoft insiders think and how they strategise against GNU/Linux and Free/libre software



  19. The Linux Foundation's New Vice Chair, Wim Coekaerts, Worked for Microsoft

    The Linux Foundation is boosting the Microsoft boosters and calls that "community"



  20. Links 21/6/2019: GNOME 3.33.3, 32-Bit Support Further Neglected, DragonFlyBSD 5.6.1 Released

    Links for the day



  21. Leaked: Harassment of EPO Directors by Team Campinos

    “New BIT organisation and staff changes,” a novel kind of newspeak, means that Directors are being severely punished without due process at all (“hidden disciplinary measure without disciplinary proceedings”)



  22. Patent Professionals in Europe Have Devolved Into a Marketing Industry

    Lies, buzzwords and hype waves is all that the patent bubble in Europe boils down to these days; loads of bogus patents get granted only for European judges to smack these down (if one can afford the court battle)



  23. Almost Six Months After Iancu Said He Would Make Software Patents Great Again Nothing Has Actually Changed

    We're just a fortnight away from the ludicrous plan of Iancu celebrating 6 months (without accomplishing anything)



  24. Links 20/6/2019: Kubernetes 1.15, Alpine 3.10.0 and Librem 5 June Software Update

    Links for the day



  25. Ignore the EPO's Dumb Festival and Focus on the Abuses Against the Workforce and Its Quality of Work

    Don’t lose sight of the appalling behaviour of the management of the EPO; the last thing it wants is press coverage about its gross abuses and corruption — an aspect it spent literally millions of euros to bury (gaming the news cycle)



  26. Microsoft Attempting to Destroy the Careers of Its Critics, Including Free Software Proponents

    Microsoft isn't changing and has not changed; the tactics described above are still being used, even by its "Open Source" (or "Open at Microsoft") people, who did this to me



  27. Links 19/6/2019: Linux Mint Vs Vista 10, Qt 5.13 Released

    Links for the day



  28. The Linux Foundation's Business Model

    The Linux Foundation's plan, illustrated



  29. Links 18/6/2019: i386 Abandoned by Canonical and a New osquery 'Community'

    Links for the day



  30. Indifference or Even Hostility Towards Patent Quality Results in Grave Injustice

    The patent extravaganza in Europe harms small businesses the most (they complain about it), but administrative staff at patent offices only cares about the views of prolific applicants rather than the interests of citizens in respective countries


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

Recent Posts