Bonum Certa Men Certa

Supreme Failure: With SCOTUS Approval of Patent Trolls and a Push by Justice Department to Reinforce Copyright on APIs (at SCOTUS Level) the Future Looks Gloomy

US Supreme Court darkens the future

US Supreme Court



Summary: The patent system goes wild in terms of scope, the nature of the plaintiff (merely purchasing patents), and the extension of patents to monopolies on named APIs (by virtue of deranged interpretation of copyright law)

WE are deeply disturbed to see Federal-level interventions and rulings in favour of the patent industry, including the most parasitic elements of it. People must learn the reality of these injustices and rise up in opposition before it's too late. The gap between the rich and the poor rapidly widens because of these outrageous moves, which involve passage of ownership, not just physical ownership but also monopoly on simple ideas.

Florian Müller, a booster of Oracle against Android, covered the White House's attack on Android and on software developers, urging the SCOTUS to allow/endorse patentability of APIs (by denying an appeal).

"The gap between the rich and the poor rapidly widens because of these outrageous moves, which involve passage of ownership, not just physical ownership but also monopoly on simple ideas."The SCOTUS also helps trolls (against Cisco) right now, as demonstrated by a decision that even British patent lawyers are denouncing. "Commentators have picked up on the identity of the patentee," wrote IP Kat, "a troll/patent assertion entity/non-practicing entity/etc - as being the headline grabber in this case, if only to paint a picture of General Counsel throughout Silicon Valley being on the edge of their seats awaiting this decision. However, the Court's comments in this respect were limited. The Court said that they were well aware of the industry that had developed in which patents were being used primarily for obtaining licensing fees. Such conduct can create a "harmful tax on innovation". However, because no issue of frivolity had been raised by the parties in this case the Supreme Court did not comment further, except to reinforce the power that the district courts have in dissuading frivolous cases."

I personally find the US patent system very intimidating. The rulings are almost always made in favour of Big Business interests; if not soon, then some time later. Based on these two new reports, Samsung now goes further with Android by patenting software. This is a software patent pertaining to computer vision, which is my area of research. It's all reducible to math and the US allows this math to be patented and monopolised. Yesterday I saw the article "Auction Co. Can't Shake Suit Over $2M Software Patents". How can software patents be sold for so much? How can they be sold at all? This beats the purpose (original purpose of the patent system) because patents just become passable weapons. To quote the article: "A California judge on Friday tentatively refused to toss an inventor’s suit alleging an auction company botched its handling of video technology patents she held with her software programmer ex-husband by selling them for vastly less than their $2 million minimum value, ruling the auctioneer had a fiduciary duty to the inventor."

"The rulings are almost always made in favour of Big Business interests; if not soon, then some time later."These "handling of video technology patents" are software patents, which again cover math. This is clearly a problem, but groups like the EFF continue losing focus. They should tackle scope of patents, not 'quality' of pertinent patents or patent trolls.

Consider this latest post from Adi Kamdar (EFF). "What a waste of resources," iophk wrote to us. "It is the ability to patent the wrong things that is the core of the problem not 'bad' patents or 'trolls', though they are also a problem."

Kamdar wrote:

Amidst the clamor of surveillance reform and TPP Fast Track negotiations, Congress is still finding time to work out the kinks of patent reform. One of the big topics of the day: inter partes review (IPR). This procedure lets third parties (like EFF) challenge bad patents (like the one used to go after podcasters).

We joined Engine, Public Knowledge, and R Street in sending a letter [PDF] to the Senate Judiciary Committee urging them to strengthen the IPR procedure, making it more accessible to and a more powerful tool for those of us acting in the public interest.


The EFF is once again wasting its time fighting "bad patents" rather than software patents.

In other news, there's this new article which talks about copyrights, trademarks and patents collectively, referring to them all as "Intellectual Property". The part about patents says: "A common question that is often asked by founders is whether they can get their software patented."

Software as a whole cannot be patented, but parts of it, in few parts of the world, can probably be patented.

The article says: "The short answer to this is “no- software cannot be patented per se,” i.e. a computer program is not independently patentable." If the Justice Department gets its way, not only part of a program will be a monopoly but also APIs (covered by copyrights). It often seems like everything just gets worse, not better. Maybe this whole patent system (or by extension the so-called 'IP' system) needs a revolution and a reset.

Recent Techrights' Posts

Last Week's EPO Strike Was the Biggest (Highest Participation Rate), Hours Ago General Assembly Discussed Next (Growing) Intensity of Strikes
Well done and well attended
 
Gemini Links 23/03/2026: "Mandatory" Bad Things and Dangers of Perfection Aspirations
Links for the day
SLAPP Censorship - Part 20 Out of 200: All Roads Lead to Rome and to GAFAM Funding
Now about 10% into this series
Mass Layoffs at HashiCorp, IBM Hid Them
The media did not mention those layoffs
Microsoft Downgraded on Concerns (Lack of Growth) Amid Silent Layoffs in 2026
The press isn't functioning anymore
Links 23/03/2026: Gulf Water at Risk, Heatwave in Malaysia
Links for the day
Slop Means False, New Article by Cybershow
"We are living in a world that is rapidly divesting from reality."
Debianism election 2026 community poll created, everybody can vote
Reprinted with permission from Daniel Pocock
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026
Streisand Effect and Justice
This weekend this site has served over 8 million Web requests
Gemini Links 22/03/2026: "Woman of Tomorrow" and "First Steps in Geminispace"
Links for the day
SLAPP Censorship - Part 19 Out of 200: They Were Ill-prepared for Tough Questions in Cross-Examination
Very ill-prepared for the deteriorating situation caused by their clients' past behaviour towards many people, including high-profile figures who offered to testify
The Media Sold Out to Slop Bros
If you wish for the hype to stop, then stop participating in it
EPO Strike a Week From Now, After That Strikes Can Become Permanent
A week from tomorrow there will be another strike
The Only Non-IBM Staff in Fedora Council/Leadership Attacks Booting Freedom (Just Like the Master Wants)
Last week IBM laid off almost 1,000 people in Confluent and the media didn't write anything about it, so don't expect anyone in what's left of the media to comment on Fedora's demise and silent layoffs at Red Hat
Just Like a Founder of XBox Said, Microsoft XBox is Collapsing, Management Continue to Jump Ship
Nowadays Microsoft tries to promote this idea that Windows is XBox and XBox is Windows
Links 22/03/2026: Slop Triggers Emergency at Meta, Energy Prices Rise Sharply
Links for the day
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026
SLAPP Censorship - Part 18 Out of 200: Third Parties Funding Attacks on the Messengers, Lawsuits Against GAFAM-Critical Voices That Uphold Real National Security
Women are like kryptonite to them
Never Trust People Who Write Their Own Wikipedia Pages (Vanity Pages About Themselves) or Ask Friends to Do So. Also: Jono Bacon is Married to Microsoft.
We'd hardly be the first to point out Wikipedia isn't what it seems
No Tolerance for Attacks on Family Members
Being a Free software activist ought not lead to "collateral damage" like attacks on family members, including doxing
Sirius Open Source is Just a Zombie Firm With Shell Entities
Many companies fake their health and their size
Communities Can Only Survive When Trust Prevails
PCLinuxOS is still a vibrant and authentic community
Techrights Was Always a Community Site
The harder we're attacked, the more people participate in the site
Maintenance Reminder
We'll carry on publishing
Behind the PR Smokescreen and Microsoft-Sponsored Chaff, Microsoft Layoffs in "AI" Alleged This Month
In an age when ~1,000 simultaneous layoffs aren't enough to receive any media coverage, what can we expect remaining publishers to tell us about Microsoft layoffs in 2026?
EPO "Cocaine Communication Manager" - Part VIII - Mobbing and Silencing of Dissenting Staff
that's the very cornerstone of functional democracies with real opposition parties
Bluewashing at Confluent: Some Workers to Leave Within 3 Months (IBM Mass Layoffs)
Is the "era of AI" an era when none of the media will mention over 800 layoffs? [...] There's a lesson here about the state of the contemporary media, not just IBM and bluewashing
Microsoft OpenAI, Drowning in Debt and Forced to Make Significant Cuts (as Reports Reveal This Month), Does Hiring Disguised as "Takeovers" to Fake Value or Alleged Potential
Remember what happened to Skype last year
Reader Shares Recent Memes on Slop and 'Coding' by LLMs
"just some funny memes I thought were relevant to current coverage."
Slop Does Not Replace Art, It Contaminates Everything With Reckless Nonsense
many Computer Scientists do not want programs to get contaminated by slop
Coders Don't Just Reject 'Vibe Coding' Because They're "Luddites", They Just Know the True Cost of Slop
if some programmer says slop sucks, don't rush to assume selfishness or defence of one's occupation
When Nobody Else Covers the News
There's an obvious "media blackout" regarding the mass layoffs
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026