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

Estimates of Microsoft Layoffs: 3,000 Staff to be Culled Just in Gaming, How Many in Other Divisions?
Now the XBox division has its own "fall guy", but it is a woman
Straw Man Arguments Against Rust
If anything, it teaches the importance of auditing packages
Tesla Debt Rose Sharply, Sales Declined, Wall Street's Claim of Tesla "Value" is Merely a Fairytale (and Not Just Tesla)
We would gladly sell land on Mars to anyone who honestly believes a company that loses money is somehow "worth" trillions in Wall Street
Stop Calling Losses "Investment"
XBox is losing money, it is a sinkhole
For Justice We Need More Speech, Not Less Speech
When you attack something you are just giving that something a bigger platform
SLAPP Censorship - Part 107 Out of 200: Keeping Law Accessible to Everybody
We'll have stories related to this in the future
Links 15/06/2026: Slop "Beg Bounties", Wall Street Fakes 'Worth', and Arkansans Saved PBS
Links for the day
Gemini Links 15/06/2026: Dating Oaks, Simulation, and Theremin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 14, 2026
IRC logs for Sunday, June 14, 2026
Links 14/06/2026: Energy Cost and Reality Strikes at Heart of Slop Bubble, 75 Data Center Build-outs "Successfully Blocked"
Links for the day
Microsoft CEO Says XBox is Not a Sustainable Business
"Now, we have to turn this into a sustainable business," he said about XBox
MElon (MUSK, Elon) is a Trillionaire Like Penguins Are Mammals
Have media outlets told the truth?
Unlikely Heroes
One personal hero who is not alive (anymore) is Navalny
Bruce Schneier Was Probably Wrong About Slop
Right now politicians who openly speak in favour of slop are committing "political suicide"
SLAPP Censorship - Part 106 Out of 200: 100 Kilograms of Legal Papers
When one party's communications and filings weigh at about 3 KG of paper and another's... at about 100 KG of paper
Links 14/06/2026: More Google Layoffs, Wall Street Deems Companies That Lose Money "Worth" Trillions
Links for the day
Gemini Links 14/06/2026: "The Universe is a Hologram", "Matrix Brain Download", and "Happy 0th Year"
Links for the day
European Patent Office (EPO) Series: Battistelli's "Baltic Crusader"
Gilles Requena, Battistelli's erstwhile "Baltic Crusader" and the loyal servant of his successor Campinos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 13, 2026
IRC logs for Saturday, June 13, 2026
Links 13/06/2026: University of Nottingham Confirms Data/System Breach, Courts Fuming at Fraudulent Lawyers Who Fling LLM Slop at Them
Links for the day
Gemini Links 13/06/2026: World Cups and 做人
Links for the day
Microsoft's XBox "Bloodbath" Seems to Have Already Begun (Informally), Studios Allegedly to Face Shutdowns, Layoff Notices Handed Out, 100% Layoffs in Some Cases, 10% in Others or on Average
So is a complete closure/shutdown imminent? (Compulsion Games in this case)
Discussing Morale at IBM and Conversations Regarding IBM Layoffs (Disguised as Other Things)
Trolling can be a form of censorship
European Patent Office (EPO) Series: All the President's Men
Gilles Requena,Patrice Pellegrino, and Sandro Mendonça
SUEPO Elections Coming Up, Union Leaders at Europe's Second-Largest Institution (EPO) to be Determined Soon
The staff union of the European Patent Office (SUEPO) is having an election soon
SLAPP Censorship - Part 105 Out of 200: When Bad Legal Advice Results in Your Client, Dale Vince, Ordered to Pay £600k - or 801,930 United States Dollar (USD) - to the Person Frivolously Sued (Lord Bailey of Paddington)
"A judge has ruled that Dale Vince must pay punitive costs to Lord Bailey of Paddington, the Tory peer, over the 'unexplained abandonment' of his" SLAPP
How Long for Can American Taxpayers Justify Bailing Out Microsoft?
How many times need the American taxpayers give Microsoft money for vapourware that's neither necessary nor delivered?
IBM is Importing/Exporting Corporations' Regime of Censorship (Hiding the Wrongdoing) to Free Software Communities
Is IBM protecting criminals in the name of "manners"?
Links 13/06/2026: Microsoft’s XBox Crisis and "Apple Deepfakes"
Links for the day
Gemini Links 13/06/2026: Why Humans Are Mostly Right Handed and "Getting Things Done"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 12, 2026
IRC logs for Friday, June 12, 2026