Bonum Certa Men Certa

IBM Bemoans the Collapse of Software Patents in the US and Wants US Congress to Intervene for 'Certainty'

Reza SarbakhshPhoto source (Sarbakhsh): "IP Monetization", New York (2015)

Summary: The bizarre 'friend' of Free/Open Source software (FOSS), IBM, is still trying to ensure patentability of software whereas Apple and SAP, based on new stories, surprisingly enough serve to crush or at least weaken some

THE IMPACT of the Alice case has been great. Everyone is happy about it. Unless one is a patent lawyer or a software monopolist...

The American Intellectual Property Law Association (with its dodgy Microsoft Windows site) is an echo chamber that has just regathered and congregated many stakeholders, excluding people who actually invent and create things. The audience profits from patents, so it's not an unbiased event that's open to the wider public or at least offers the public speaking opportunities.

Just like the UPC Forum Munich, which lobbies regarding courts and litigation (money to be made by lawyers), the American Intellectual Property Law Association thinks in a narrow-minded way.

Now, let's talk about IBM, which is actively spreading (or trying to spread) software patents to even more countries. People who made a career out of cataloging the patent monopolies of massive corporations (that's where the big money is) are pursuing as many of them as possible, even 50,000 for just one company. Small business with an infinitesimal number of patents hardly every become a bleep on the radar and lawyers who work for them do nothing but drive them closer to bankruptcy, without any obvious benefits. Remember that the EPO also discriminately deals with applicants, prioritising large corporations even when these are not European (prominent patent practitioners -- to use a euphemism -- are still discussing the impact of this).

According to this new report from LES 2015, the "lead IP attorney" at IBM (whatever that actually means) isn't happy about Alice. Here are some quotes:

Legislation will ultimately be required to address the uncertainty created by the Alice Corp v CLS Bank ruling, a lawyer from IBM told the LES 2015 Annual Meeting.

Reza Sarbakhsh, who is lead IP attorney at the company, said the decision has provided little guidance on what is patentable in the computer software space.

“As with any other business, uncertainty is the enemy,” he said, asking whether legislation should be required.

While he admitted that “I don’t know if we can convince Congress to address problems from our perspective” in the short term, “eventually legislation is the answer”.

Sarbakhsh was speaking during a lively discussion on the impact of the US Supreme Court’s ruling from last June. The court said computer-implemented inventions are not eligible for patent protection.


Sarbakhsh does not explicitly say it, but knowing that he works for IBM, a booster and lobbyist for software patents, by clarity he means advocacy. To quote the author's paraphrasing: "Sarbakhsh said some large corporations are still pursuing software patents because the costs of getting them issued and the subsequent maintenance fees have not increased, even if patent value might be lower."

"It's not a business, it's protectionism. It ensures money continues to flow from the powerless to the powerful."Sarbakhsh said (direct quote): “Simply because one or two patents have been invalidated doesn’t mean we’re getting out of the patent business.”

It's not a business, it's protectionism. It ensures money continues to flow from the powerless to the powerful.

The overall tone of this lawyers-led event is similarly saddening. Then see the article (paywalled) titled "AIPLA 2015: Don’t dump portfolios due to section 101, patentees told". To quote the excerpt: "Software patent owners should not jettison their portfolios despite worries over the impact of Alice Corporation v CLS Bank and its application of section 101, an industry conference heard."

Why not? Because it harms the profits of patent lawyers?

Alice is a very big deal.

Apple is trying to invalidate software patents using Alice, whereupon "Ericsson says Apple's Alice motion against wireless patents threatens to swallow all of patent law," to quote Florian Müller.

Well, if it swallows all of patent law, or software patents in this particular case, then all the better.

One person wrote to us, "so if Apple succeeds then that may be troublesome for many other patent holders on wireless communication."

Separately, in Twitter and in his blog, Müller says that "Google-SAP cross-license agreement announced: is SAP once again critical of software patents?"

As we showed earlier this week, SAP is still trying to patent software in Europe, so we very much doubt a change of policy is in the making. However, with this cross-license pseudo-'peace', one might assume that SAP won't take any legal action against Android, and perhaps by extension GNU/Linux.

We're living in interesting times as we are at the crossroad when it comes to software patents. Lose it, as IBM wishes, and software patents may expand to the entire world. If we win this battle, then maybe we can still contain this injustice, even put an end to it worldwide. Patent lawyers won't give up and sit idly until everything, including life itself, becomes patentable (i.e. profitable to them).

Recent Techrights' Posts

Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
 
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same
Links 13/01/2026: Russia Weaponises Weather Against Civilians, Beijing-Controlled HK Attacks Legal Team of Besieged Critics
Links for the day
Gemini Links 13/01/2026: Loss of Desire to Produce, Individual Consumption
Links for the day
Shobhit Varshney From IBM Pushing Slop at Large Bank, Another McDonald's Waiting to Happen?
How long can they get away with phony narratives like "replaced by AI"?
Links 13/01/2026: Ubisoft Layoffs, "India IT In Shambles", and Microsoft Chatbot Killing People
Links for the day
IBM is Not a Leftist Company, the "I" Stands for Imperialism, and Poo Floats to the Top
Remember that AK is military from both sides of his family
Links 13/01/2026: More Mass Layoffs in GAFAM, Catching Up With Political News of Early January
Links for the day
Freedom of Speech in the UK (or Freedom of the Press/Expression) and Protection From Adversaries
undressing people without consent and in very bad taste is not "speech"
Ending the Status Quo at the European Patent Office (EPO) This Year
Things will continue to get worse as long as the "Digital Majority" stays silent and/or passive
Greenland Ought to Move to GNU/Linux, Not Apple
GNU/Linux at 4%
So When Will British Politicians, Police, Government Departments Quit Twitter (X.com)?
They sure bring constituents there (by being there)
If You Care About Freedom, Don't Follow IBM Red Hat (Like Microsoft Novell 20 Years Ago)
IBM Red Hat and Microsoft don't seem to compete
IBM Red Hat Does Not Compete With Microsoft, It's a Microsoft Reseller
even if employees of Red Hat dislike and distrust Microsoft
Red Hat Layoffs, Even of "AI" Staff in India
This is how companies die
LLM Slop Isn't Replacing Online News, It's Just a Pest That's Gradually Going Away as Money for Slop Runs Out
Slop likes to talk about itself (like some kind of 'web-cancer')
Not Journalism: Almost 80% of the 'Articles' We Saw About Torvalds and 'Vibe Coding' Are LLM Slop (Sometimes Slop Images)
The real issue is, Torvalds who created Git as a solution to proprietary prison is entertaining Microsoft's own proprietary prison
EPO People Power - Part XXXIII - Interest From Some European Media, For a Change
Without it, we'll become another Russian Federation
Just Another Reminder That Microsoft Didn't Deny Mass Layoffs
Remember that Microsoft never denied this
GNU/Linux Measured at 6% in Réunion This Year
Population sizes like a million people are nothing to sneeze at
Dr. Andy Farnell on Marketing Bad Things Like Slop Using FOMO (Fear of "Being Left Behind")
many of the same themes we often cover here
IBM Stock Compared to Bitcoin, Fake Articles About IBM Promote Myths About IBM
The stock moves based on false marketing
Bluewashing Continues, Red Hat Onboarding Interns in Low-Paid Regions
It's the end of the second Monday of 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 12, 2026
IRC logs for Monday, January 12, 2026
Gemini Links 13/01/2026: ScottoRang and Outage
Links for the day
GNU/Linux Exceeding 6% in Cape Verde
Windows is measured as down sharply
When It Comes to Health, Slop is a Flop and It Kills People
Chatbots will mostly die after many people die due to them
2026 Has Begun Well for GNU/Linux Users (and for Us)
A lot of the anti-Linux FUD we got accustomed to seeing some years ago became scarce
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week