Bonum Certa Men Certa

The Old Obsession With Patent Trolls Continues to Distract From Debate About Software Patenting

The root problem is monopolies on mathematics

Logic homework



Summary: A roundup of recent coverage about monopolies on algorithms in the United States

THE FIGHT against software patents (in the US in particular) is going quite well as courts combat this irrational phenomenon, which has come to dominate the patent system and now saturates the patents pool. Nike is now patenting software, showing us again that, demonstrably speaking, it is large corporations that typically rely on such patents. These almost always hurt the 'small people', unless they are patent trolls and opportunists.



"These patent lawyers continue to debate the patentability of software (usually if not always spinning in favour of software patents in the United States) while in another article by lawyer Rob Tiller (Red Hat) the wrong kind of approach is being floated, debating once again "patent trolling" rather than software patenting."Software patents are typically being hoarded by evil companies (lots of abuses other than patent abuses) and Samsung, which is pressured by Microsoft using software patents extortion, is now the victim of yet another evil company. As a trolls expert put it, "Gordon Bremer didn't invent Bluetooth 2.0. In fact, as he admitted on the stand last week in an East Texas federal court, he hadn't even read the specification for it until 2007—three years after it was on the market.

"Despite that, Bremer may be getting paid a hefty royalty by Samsung, after a jury ruled that the Korean electronics company infringed Bremer's patents. He stands to get 2.5 percent of the $15.7 million verdict [PDF] won by his employer, Rembrandt IP, one of the oldest and most successful "patent trolls.""

Until or unless the USPTO is ready to stop its horrible patent policy, patent trolls will continue to harm real companies with actual products. Microsoft, for example, uses patents to harm Android and force Android to play into the loser's game (Microsoft).

Here are some new "Comments on USPTO’s Interim Patent Eligibility Guidance", coming from the Bilski Blog (no connection to the Bilski case, just opportunism): "[t]he Interim Guidance made a slight change from the Preliminary Instructions to address this issue, by stating that “certain methods of organizing human activities” (emphasis added) are abstract ideas, to avoid suggesting that “all” such methods are ineligible. But that does not fully address the problem, and indeed may exacerbate it. The use of the adjective “certain” gives no useful instruction to the examiners—it says no more than “some methods” are ineligible, without saying how to identify which methods. As noted by the commentators, the only instruction from the Court is that it is those methods which are themselves already “fundamental building blocks” as in Bilski. As an example, a method of making ice cream sundaes by mixing ice cream and toppings on chilled blocks of granite is a method of organizing human activities that is not “fundamental” or “abstract.”

"The Office should revise the Guidance to specifically address the interpretation of “abstract ideas” as being fundamental, and advise examiners to demonstrate such fundamental status by proper citation to authoritative references. The Office should explain to examiners precisely how to establish which “certain” methods of organizing human activity are ineligible, and if it cannot, then it should remove the alleged category entirely."

These patent lawyers continue to debate the patentability of software (usually if not always spinning in favour of software patents in the United States) while in another article by lawyer Rob Tiller (Red Hat) the wrong kind of approach is being floated, debating once again "patent trolling" rather than software patenting. Here is what he wrote a few days ago:

Patent reform is once again in the air. A few days ago, Congressman Bob Goodlatte and others re-introduced the Innovation Act, which was passed by the House in the last Congress but died in the Senate. It has several good ideas, including fee shifting, clearer pleadings, patent ownership disclosure requirements, combatting discovery abuse, clarity in ownership of patents, protection of downstream users, and others. Some of these could improve the chances for businesses facing attacks by patent assertion entities (PAEs, aka patent trolls).

But in preparing for a talk last week, I came upon an idea that could go as further than any pending legislative proposal towards undermining the business of patent trolling. Professor Mark Lemley of Stanford Law School titled his paper with becoming modesty: Why Do Juries Decide if Patents Are Valid?. This caught my eye, because I’ve long wondered the very same thing. The risk of a runaway jury is one that costs all patent defendants (including most every innovative technology company) some sleepless nights. Even when a patent claim seems clearly without basis, the possibility of a jury trial gives us pause.


What depresses us about Rob Tiller's approach (he heads Red Hat's work in this area) is that while Red Hat continues pursuing some of its own software patents it does virtually nothing effective to stop them; it mostly talks about "trolls", neglecting to recognise that many of these trolls that harass Red Hat are Microsoft-connected and Microsoft itself acts no differently than patent trolls, it's only bigger. To really combat this problem we must speak about patent scope, not the scale of the plaintiffs.

Recent Techrights' Posts

EPO Staff Representatives Confront the President Who Says 'F--king' in Front of Female Workers Over Measurable Discrimination Against Female Colleagues
Central Staff Committee versus Lukashenko's sponsor
IBM Layoffs in 'RTO' Clothing Reported by Thomas Claburn
This "hey hi" (AI) nonsense is just a go-to excuse that IBM and GAFAM (and many others) use
Still Waiting for the EU to Abolish the Illegal and Unconstitutional Court Linked to EPO Corruption and Lobbyism by the Patent Litigation Industry
Sadly, all the blogs that used to talk about those issues have been infiltrated and then completely hijacked by the very perpetrators of the illegality
[Video] Richard Stallman Questions and Answers Session in Google's YouTube or Invidious
From last night
Slopwatch: Anti-Linux Articles Published by Bots, Dominating Google News
So a lot of the Web is Microsoft chatbot-generated anti-Linux FUD
 
Gemini Links 13/02/2025: gwit and Restart
Links for the day
Links 13/02/2025: Algorithm Bots and 'Teleport' Breakthrough
Links for the day
Social Engineering of the Free Software Movement is a Corporate Takeover With Code of Conduct (CoC) to Drive Out or Expel Dissent
Richard Stallman (RMS) covered "cancel culture"
Links 13/02/2025: Mass Layoffs at Google (Disguised as "Buyouts"), Telecoms Price Hikes as Collusion/Price-Fixing
Links for the day
Gemini Links 13/02/2025: Broken Watches and Naming Types
Links for the day
Corrupt Bill Gates Worming His Way Into Richard Stallman Videos in Google's YouTube
Reputation laundering riding other people's names?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 12, 2025
IRC logs for Wednesday, February 12, 2025
Links 12/02/2025: Crytek Layoffs, Security Holes, and Giving Ukraine to Russia
Links for the day
Relaying GAFAM Talking Points and Lies Using GAFAM LLMs, or Slop Pasted in by Brittany Day
linuxsecurity.com is relaying slop, i.e. misinformation
Photos From This Evening's Talk by Dr. Richard Stallman in Torino, Maybe a Video Soon
The talk that Dr. Richard Stallman gave today (a few hours ago) was recorded and streamed
IlSoftware.it Covers Richard Stallman's Visit to Give Talks in Italy
The publication is in Italian, the talk was in English
Macho Patent Office
At the EPO there's always room for women in top roles
Gemini Links 12/02/2025: "Bream Gives Me Hiccups", Making Chinese Tea, and More
Links for the day
This is Why Codeberg Issues an Apology Today
This response was clear and relatively swift
The Register Studies (to Affirm) Reports of IBM Layoffs "at the Finance and Operations business unit"
something about that specific unit
Links 12/02/2025: SSL FUD, DEI Phase-out, Felonies Committed by MElon (Data Breaches)
Links for the day
Italian Media Covers Richard Stallman's English Talk Ahead of Tonight's Public Appearance
article in La Stampa
Destruction and Distortion of Information, Including Facts About Linux (Bonus: This is Destroying the Planet)
All that LLMs have going for them is hype, and moreover media that intentionally misrepresents them and their supposed capabilities
Google Seems to Have Just Killed All Instances of Invidious
YouTube is rapidly becoming just "another Neflix"
Microsoft Skype in a Freefall: About 20% Decrease in Site Traffic in 3 Months (Amid Microsoft Phasing Out Credits)
Microsoft axing more services/features may mean that now they scrape the bottom of the barrel and Skype will simply die, discontinuing service (like ICQ) in a matter of years
Gemini Links 12/02/2025: Depression, Gabbro, WikiTok, and More
Links for the day
Links 12/02/2025: Health, Security, and Monopolies
Links for the day
Gemini Protocol is Increasingly Important to the Net
Gemini Protocol will turn 6 this summer
Former EPO Manager Warns That the Illegal 'Court' for "Unitary Patents" Enables “Law Shopping”
Daniel X. Thomas opposed the very existence of the UPC, which any honest person could recognise was both illegal and unconstitutional
Like GAFAM, the EPO is Passing the Financial Pains to Staff
the EPO is operating illegally at this point
Morale at Microsoft Ruined by the Company Labelling Thousands of Workers 'Low Performers', Sacking Them on the Spot and Denying Them Basic Benefits
people laid off as "low performers" go to social control media to bemoan the label
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 11, 2025
IRC logs for Tuesday, February 11, 2025
Links 11/02/2025: Current state of the Internet and Smallnet Information Services (SIS)
Links for the day
Conservative Estimate: Over 10,000 IBM Workers to Be Laid Off in the Next Two Waves
The morale is low and layoffs are expected soon, with mass layoffs likely happening next month and then again later
Links 11/02/2025: Trade Wars and "Crisis for American Universities"
Links for the day
Parasitic LLM Slop Sites Destroy the Ability to Find "Linux" News in Google News
Remember that Google News laid off lots of its workers
Richard Stallman's English Talk in Italy Less Than 24 Hours Away (Torino) and Then Another Talk in Italy Scheduled (University of Bozen-Bolzano)
He's active and he travels a lot in spite of his medical condition
IBM Layoff Rumours, Large-Scale Implementations Weeks Ahead (in March 2025)
There are some people corroborating
Links 11/02/2025: Nutritional Poverty, Closure of USAID, More Fictional 'Valuations' Around Buzzwords
Links for the day
Perl Programming Leftovers
recently in perl.org
Microsoft in Africa: From 98% to Less Than 10% in Just 16 Years
Microsoft being on less than 1 in 10 Web-connected devices in Africa is a very big deal
Almost as If MElon Reads Techrights
The joke we started appears to be spreading
Microsoft Blasted for Adding Insult to Injury: Workers Laid Off Without Prior Notice, Without Severance Payment and Basic Coverage (Like Health), Then Stigmatised as Bad Performers So They Cannot Find a Job Elsewhere
Such stereotypes end entire careers
Gemini Links 11/02/2025: NeoVim and Deploying Other People's Code
Links for the day
BetaNews is Still Publishing LLM Slop/SPAM About "Linux"
Assuming it is indeed LLM slop, it seems clear BetaNews has no intention of improving or is simply unable/unwilling to improve
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 10, 2025
IRC logs for Monday, February 10, 2025