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. Microsoft-Funded Attacks on Android Security and Patent/Copyright

    A look back at examples of people who smear Android and are receiving (or received) money from Microsoft



  2. Blowback in Chile and Munich After Microsoft Intervention

    Microsoft's attacks on the digital sovereignty of countries involves lobbying, corruption, an attack on standards (e.g. ODF), an attack on FOSS policies, and even an attack on accurate reporting (truth itself)



  3. The End of Microsoft is Nigh

    A look back at a tough year for Microsoft and a not-so-promising future



  4. Links 22/8/2014: Linux Foundation LFCS, LFCE

    Links for the day



  5. UPS Burned by Microsoft Windows, Gives Away Massive Number of Credit Card Details

    UPS is the latest victim of Microsoft's shoddy back door with software on top of it (Windows); attempts to blame FOSS for data compromise actually divert attention from the real culprit, which is proprietary software



  6. Microsoft's Funding of ALEC and Other Systemic Corruption

    Microsoft role in writing of laws by proxy, via groups such as ALEC



  7. Microsoft is Still Preying on British Taxpayers, Playing Politics

    Some news from the UK showing how Microsoft uses politics to extract money out of taxpayers, irrespective of their preferences



  8. Microsoft's Patent Troll Intellectual Ventures is Collapsing as 20% of Staff Laid Off

    More good news regarding the demise of patents as Microsoft's leading patent proxy is collapsing more rapidly than anyone ever imagined and software patents too are collectively doubted



  9. Links 21/8/2014: Conferences of Linux Foundation, Elephone Emerges

    Links for the day



  10. Links 20/8/2014: Linux Event, GNOME Milestone

    Links for the day



  11. Corruption Watch: Microsoft Lobbying Designed to Kill Chile's Free Software Policy and Promote Microsoft With Subsidies, More Dirty Tricks Emerge in Munich

    icrosoft is systematically attacking migrations to GNU, Linux and Free software, using dirty tricks, as always



  12. Vista 8 Such a Disaster That Even Microsoft Cannot Cope With It, Vapourware Tactics Start Early

    Microsoft's Windows-powered services are failing and Windows gets bricked by Microsoft patches, whereupon we are seeing yet more of Microsoft's vapourware tactics (focusing in imaginary, non-existent versions of Windows)



  13. On BlackBerry and Other Patent Trolls

    A roundup regarding patent trolls, starting with the bigger and latest joiner, BlackBerry's new patents apparatus



  14. Links 19/8/2014: Humble Jumbo Bundle 2 Betrayal, Mercedes-Benz Runs GNU/Linux

    Links for the day



  15. BlackBerry -- Like Microsoft Nokia -- Could be the Next Patent Proxy Troll

    BlackBerry is restructuring for patent assertion (i.e. trolling) in the wake of some alliances with Microsoft



  16. After Microsoft's Soft Bribe Some Non-Technical Deputy Does Not Like Free Software, Microsoft-Linked Media Responds to This Non-News by Making Bogus Claims of Munich Leaving GNU/Linux (Updated)

    The subversive forces that have secretly been attacking Munich over its migration to GNU/Linux (Microsoft press, Gartner, and even HP) are back to doing it while China and Russia follow Munich's lead



  17. Gates Foundation CFO Quits and Debate About Revolving Doors Recalled Amid Systematic and Shrewd Bribery of Public Officials

    More officials step out of the Gates Foundation and their destination is not known yet; Gates continues to corrupt the public sector with his money so as to increase personal gain at taxpayers' expense



  18. Links 19/8/2014: GNU/Linux Raves and Alternative to Proprietary Voice Chat

    Links for the day



  19. Links 18/8/2014: Linux 3.17 RC1, Escalation in Ferguson

    Links for the day



  20. Gartner Group Advocates Using Defective Software With Back Doors

    Despite strong evidence that Microsoft has been complicit in illegal surveillance, Gartner continues to recommend the use of Windows and other espionage-ready Microsoft software



  21. The Microsoft Patent Trolls: Android Extortion, Vringo Versus Google, and Intellectual Ventures

    Roundup of news about patent aggression by Microsoft and some of its proxies



  22. Links 16/8/2014: Microsoft Linux, US Government Turns to Free Software

    Links for the day



  23. Links 15/8/2014: Reiser4 in Headlines Again, GNOME and KDE Events Finish

    Links for the day



  24. Links 14/8/2014: Kernel Summit Coming, KMix on KDE Frameworks 5

    Links for the day



  25. Shameless Microsoft Spin is Blaming China for Microsoft's Misconduct and Back Doors While Justifying Massive Losses in Hardware (Made in China)

    A new look at how Microsoft-friendly media takes negative Microsoft news and turns that news into some kind of scandals where Microsoft is the victim



  26. Microsoft Spin in the Media Evokes 'New Microsoft' and New Back Doors

    Some new examples of Microsoft boosters rewriting history, characterising Microsoft as a FOSS champion, and generally weak/shallow reporting on Microsoft's audio/video surveillance software



  27. Links 13/8/2014: GNU/Linux as Winner, New Snowden Interview

    Links for the day



  28. Reader's Article: Skype Spying Reaches New Levels of Blatant

    Forced 'upgrades' of Skype give useds [sic.] of Skype more than they asked for



  29. The Problem is Software Patents (and Scope), Not Patent Trolls Who Abuse Them Just Like Large Corporations

    Reminder of the dangers of losing sight of the real patent problem, which is the patents themselves, not necessarily those who use them



  30. Fraud in the USPTO and CAFC Helped Apple Launch Frivolous Patent Lawsuits Against Linux/Android, Based on New Withdrawals

    Inherent corruption in the US system has aided Apple's assault on east Asian electronics giants that use Linux at the core of their products


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