Bonum Certa Men Certa

The Pro-Software Patents Lobby Continues Trying to Rewrite Outcome of Alice v. CLS Bank Case

Same old stuff "on a computer"

Typewriter with screen



Summary: Despite Alice v. CLS Bank showing that the US has crushed many software patents, those who make money from software patents (not developers but lawyers) continue their attempts to bamboozle the world and rewrite the record

FOR a number of months we have shown how patent lawyers and other proponents of software patents have systematically distorted the truth or selectively reported so as to hide the truth. They would rather have the world believe that nothing has changed following the SCOTUS ruling on Alice v. CLS Bank. It is worse than willful ignorance; it is nefarious and dishonest.



"It is worse than willful ignorance; it is nefarious and dishonest."One lawyers' site says that "[o]nly in DDR Holdings, LLC v. Hotels.com, L.P. has the Federal Circuit found a software invention patent eligible in the face of a challenge" (this is important because CAFC is the original source of software patents and one of the most zealous courts in the world, favouring software patents almost without exception).

Another lawyers' site says that the USPTO addresses the eligibility of software patents, based on a recent forum that we mentioned last month. The lawyers say that "on January 21, 2015, the USPTO held a public forum in Alexandria, VA to receive feedback from the public regarding the 2014 Interim Guidance on Subject Matter Eligibility. Many practitioners provided accounts of their experiences regarding recent interactions with the USPTO related to subject matter eligibility rejections and recommendations for the future."

When they say "practitioners" they mean lawyers. It's mostly them, i.e. people who profit from patents, who drive this debate. Now, watch this rhetorical question. Penn Law has titled a session "Will SCOTUS rulings on software patents help or hurt innovation?"

This has nothing to do with innovation, as something called "Innovation Act" may lead people to thinking. It's about protectionism.

Do patents promote innovation at all? Depends who you ask. Lawyers, who offer no innovation at all, love to speak 'on behalf' of people who write computer programs. Consider this new article that perpetuates a myth: "another thing that grows more quickly than population is the rate of innovation, which is partly measured by how many patents are granted to people in that city."

No, not really. Patents granted are a function of paperwork, not innovation. This is the sort of shallow rhetoric we expect to hear from patent lawyers and their rich clients. Their goal is to repress competition, thus preventing many good ideas from ever being implemented.

From the Penn event's introduction: "An event hosted by Penn Law and the Penn Center for Innovation asks: “Are Software Patents Critical to Innovation?” A panel of experts will weigh in."

How many on this "panel of experts" will actually be programmers? This is a Penn Law event, so expect "law" professionals to reign.

Martin Goetz, one of the most vocal proponents of software patents, is meanwhile distorting facts in a pro-software patents site, bizarrely enough claiming that "Alice v. CLS Bank is a Victory for Software Patents". That's as inane as saying that a ruling in favour of police brutality helps victims of police. It just makes no sense at all. It's not just a "man bites dog"-type sensationalism but a misleading statement.

In the absence of clarity in the press on this subject, as opposed to propaganda from patent lawyer, we may continue to see complete nonsense (obviously abstract) ideas from Apple hailed as genius patents [1, 2]. Dell in the mean time is pushing software patents into India, which in principle does not allow these.

To quote a new article from Economic Times (of India), "Dell is looking towards India to transform its research and development capabilities that have lagged rivals for years. The US technology company is strengthening its engineering team here and increasing the number of patent applications filed from India — which, a senior executive said, has already become the largest contributor to software patents for Dell — as the local unit gets a large piece of investment that chief executive Michael Dell has promised for its R&D push."

Someone should tell Dell that software patents are not legal in India and increasingly they are not accepted in the US, either. Then again, now that Dell is partly controlled by Microsoft we can expect this kind of abusive behaviour, setting aside Dell's lowering of salaries by driving jobs to Asia (Dell is definitely not going to offer them the same wages it offers in North American and Europe).

The bottom line is, the debate, the law, the media coverage etc. continue to be driven by large corporations. They are foisting myths and misleading statements onto us to make us complacent or at best apathetic if not supportive.

Recent Techrights' Posts

Links 06/07/2025: Climate Change and "The Right to Criticise"
Links for the day
The Mainstream Media Took 4 Days to Realise Microsoft Shut Down Its Operations in Pakistan and Fired Everybody
We estimate that Microsoft has had about 29,000 layoffs since January
“Twibel” Actions Against Comedians (and Why It's a Truly Low Blow)
they try to make up in quantities for a lack of merit or quality
 
Gemini Links 06/07/2025: Tinylog and Certification Rotation
Links for the day
PCLinuxOS Sites Coming Back, Gradually
let's just be patient
Social Control Media, Even If Based on Free Software, Still Has Many Problems
a distraction from what actually mattered and still matters
IBM is Not Your Master
IBM makes friends with people who exclude the majority of the population: women
Help Fund the Free Software Foundation (FSF)
If you have some dollars to spare, go support the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 05, 2025
IRC logs for Saturday, July 05, 2025
A Short History of Attacks on Techrights (and Boycott Novell Before That)
good opportunity to tell again the story of several (not all) attempts to silence us
Leadership in Free Software
Don't let IBM lead. It's a terrible flag bearer.
Linux Foundation Apparently Flirting With Slop (Marketing by LLM-Generated SPAM)
The Web is in a really bad state!
COVID-19 Sped Up Site Improvements in Techrights
A few months later we created our very own IRC network
Gemini Links 05/07/2025: Negative Questions and 'Touching Grass' (Going Outside)
Links for the day
Links 05/07/2025: Dalai Lama Succession as 90th Birthday Approaches, 40 deg C in China
Links for the day
Links 05/07/2025: Hungary and US Defecting to Russia, "Google's Hotseat Hypocrisy"
Links for the day
Gemini Links 05/07/2025: 4th of July 2025 and "Zig Roadmap 2026"
Links for the day
How to Combat the Exploitation and Abuse by Microsoft GitHub
Not to mention corruption and crimes against women
Bryan Lunduke is Actually Sending His Audience to Attack People
"[Lunduke] is actually sending his audience to attack people."
Even The Right Wing is Rejecting Bryan Lunduke
no wonder he became so irrelevant and marginal
Microsoft's MSN Helps Microsoft Spread Lies About the Layoffs' Scale (Well Over 25,000 People Laid Off This Year)
There seem to be monopolies on lies and on truth
The Death of X Has Been Greatly Exaggerated (by Compromised Media)
X.Org Server is alive and well
Rewriting Things in Rust
How far would you go?
In 2025 Everything is "AI". Remember Blockchains?
Talk about what companies and things (services, products, software) actually do, not the labels they use
Julian Assange Has Been Free for a Year
Julian Assange and I disagreed on some things
Monopolies and Scalping
Monopolies gravitate towards price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 04, 2025
IRC logs for Friday, July 04, 2025
Microsoft's August Layoffs Wave: "August is Confirmed for Additional Performance Based Cuts"
"August is confirmed for additional performance based cuts from the recent connects along with additional organizational cuts."
What Microsoft Reputation Laundering (With a Weaponised Law Degree) Looks Like in a Foreign Continent
You would expect this in uncivilised and primitive countries
Slopwatch: LLMs 'Write' Fake or Distorted 'News' About "Linux"
LLM slop disguised as news
Links 04/07/2025: Google Replaces the Web With Slop, "AI Might Kill Us All"
Links for the day
Gemini Links 04/07/2025: Mindfulness and F1
Links for the day
Weeks After Microsoft Bankruptcy in Russia the Company Shuts Down in Pakistan, Too
Last month Windows' share in Pakistan fell to an all-time low
Rob Musial's June 2025 Additions of Malware in Proprietary Software
Via the GNU Web site this week
Links 04/07/2025: Microsoft's H-1B Visa Applications Show Another Crisis Unfolding, Many More Deep Cuts and Shutdowns Revealed, Complete Microsoft Exits
Links for the day
Gemini Links 04/07/2025: A Day To Remember and "Stop Killing Games"
Links for the day
Crime and Corruption at Microsoft GitHub Cannot be Covered Up by SLAPPs in Another Continent
We'll write about this for a long time to come
Slop Videos Are Disappointing Garbage, Nothing New, Just Brute Force up on Display or a Pedestal of Slop
Slop videos aren't a new thing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 03, 2025
IRC logs for Thursday, July 03, 2025
The War on Local Storage (People Hosting Their Files Locally and Privately)
There's nothing wrong with controlling one's computing
What Digital Independence Means
Independence in the digital realms means abandoning platforms like GitHub, not just rejecting proprietary software
NVidia is a Bubble
they temporarily see fortunes and wrongly assume perpetuity thereof
Fedora Does Not Care About Diversity and Inclusion, It's About Optics (Corporate Image)
any notion of inclusion is superficial and misleading
Don't Buy the Excuses for Microsoft's Mass Layoffs
Back in the 90s, Microsoft bought a lot of companies to get and stay ahead