EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

01.06.16

Now It’s Just Patent Lawyers (and Their Rich Clients) Against Everybody Else, Seeking to Maximise Protectionism

Posted in Patents at 8:13 pm by Dr. Roy Schestowitz

How to keep the rich in power and make them even richer, immune to competition

Greed

Summary: A roundup of recent articles, mostly those composed by patent lawyers in an effort to eternally expand the scope of patents (hence monopolies on ideas and beyond) irrespective of their collective effect on society

THE greed-driven maximalism in the area of copyrights is bad enough (see the current Anne Frank controversy) and the same goes for patents. Expanding copyright’s length and scope seemingly infinitely (to a hundred years or even more beyond the creator’s death) is irrational. Allowing people to copyright two-word phrases is also outright ridiculous. In the case of patents, letting people patent mere concepts and abstract ideas wouldn’t help innovation or improve society. Letting life itself be patented would in some cases increase the frequency of deaths and the number of deaths. So what gives? Now there are even new secrecy (euphemism is ‘trade secrets’) laws in the making, including those deep inside highly extensive treaties that the public cannot see (well, secrets!). I.S.D.S. goes a step further and strives to allow the rich people to sue governments, supposedly in the interest of so-called ‘shareholders’.

“I.S.D.S. goes a step further and strives to allow the rich people to sue governments, supposedly in the interest of so-called ‘shareholders’.”Watch out for maximalism and notice how often the maximalists are basically a bunch of parasites who benefit (as a tiny minority) from the maximalism. In the case of the EPO we now have patents on life — a serious error that even the EU Commission recently criticised. To quote one article about it: “In a resolution backed by a large majority of its members, the European Parliament has taken a clear position against granting patents on plants derived from conventional (“essentially biological”) breeding. In its statement the European Parliament says that these plants, seeds, native traits or genes should be excluded from patentability. Furthermore, plant breeders should not be prevented by patents from accessing biological diversity needed for further breeding. The members of European Parliament insist further that prohibitions in existing European patent law to exclude patents on plant varieties and conventional breeding, are not undermined by the erroneous interpretation currently followed by the European Patent Office (EPO). Not long ago, the EPO granted several patents on tomatoes, pepper and broccoli derived from crossing and selection.”

‘Poor’ patent lawyers, people who are now angry because they have become accustomed to making money from applying for and suing with software patents, are not having a field day anymore. Here they are moaning about Alice, referring to is as “regime” (that’s a new one). To quote the lawyers’ media (from yesterday): “It seems that might be the test. Well, it could be. Under the new Alice regime, it’s hard to tell, but the U.S. Supreme Court’s recent decision to refuse a patent owner’s appeal based on dismissal of its patent as an “abstract idea” under Alice shows the high court is standing behind the new rule being enforced by what may be best coined as the “Thought Police.””

“Müller appears to have sort of flip-flopped again.”See how other patent lawyers admit that they are fearful of the word “abstract” right now. To quote this one new example from a vocal proponent of software patents: “A case currently pending before the Federal Circuit is anticipated to provide greater guidance into the answer to this question, namely, how district courts should determine whether a claim is directed to an abstract idea.”

Florian Müller, who earlier in his career campaigned against software patents in Europe, now lashes out at Apple in his blog and in Twitter (over a dozen such tweets in the past couple of days). “This blog,” he explains, “which used to be rather sympathetic to Apple’s patent enforcement efforts because the “rip-off” story appeared credible for some time, has been highlighting the weaknesses of such patents as the ’647 “quick links” patent or the slide-to-unlock patent family for a couple of years. Even though things that judges say at a hearing are not the same as an actual decision, the mere fact that the Federal Circuit has expressed massive doubts about those patents already validates my skepticism.”

Müller appears to have sort of flip-flopped again. He already met Apple executives, who simply failed to convince them of their merit in suing Android (and by extension Linux).

“We urge any lawyer, judge, examiner etc. who reads this to antagonise the maximalists.”In other news, sites of patent lawyers suggest new ways to patent software after the Alice case. This is the trend right now. They’re looking for new ways to fool/trick/bamboozle judges and examiners. Don’t let them get away with it (e.g. by adding diagrams and using physical-sounding analogies). These people want more for themselves at everyone’s expense; their clients are usually large multinational corporations such as Apple and Microsoft. They’re actually suing to ban Linux-powered counterparts. It’s an attack on the sharing economy and whatever typically drives innovation the fastest and most efficiently.

This one new article is titled “Is software still patent eligible?” Well, it’s nothing like it used to be. Software cannot be patented anymore, unless the examiners and judges can be caught off guard. As the author put it:

One of the first questions asked by any U.S. patent examiner when reviewing a new patent application is whether the subject matter the inventor is trying to protect is patent eligible. Can the invention be patented, or is it excluded from patentability?

The U.S. Supreme Court, for only the second time in 30 years, tackled this question in the context of a software business method when it issued its decision in the case of Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347, 2355, 189 L. Ed. 2d 296 (2014).

In its decision, the court solidified the test for patent-eligible subject matter and indicated that software patents (e.g., patents claiming steps implemented by a general-purpose computer) can be patent eligible under certain circumstances.

Patent-eligible subject matter is defined by a combination of statute and case law. Section 101 of the Patent Act states that “whoever invents or discovers any new and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” 35 U.S.C. 101.

We urge any lawyer, judge, examiner etc. who reads this to antagonise the maximalists. They’re not serving society and not seeking to advance/speed up innovation. They are just serving their own pockets and their ultra-rich clients to whom innovation (disruption) is perpetually a threat that mustn’t be tolerated; they’re willing to even just SLAPP it out of existence.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. 2020: A Time for Resolutions or Revolutions?

    There are nonviolent means by which the current system can be corrected; we need to convince peers and relatives to change the way they behave and not cooperate with unjust elements of the system



  2. IRC Proceedings: Tuesday, June 02, 2020

    IRC logs for Tuesday, June 02, 2020



  3. The Gates Press (GatesGate) -- Part I: Lost the Job After Writing an Article Critical of Bill Gates for Attacking Some Actual, Legitimate Charities (Because They Had Spread GNU/Linux)

    The sociopaths from the fake 'charity' of Bill Gates would go to great lengths to squash criticism and also to eliminate critics; this series tells the story of some of those personally affected



  4. Don't Fall for the Spin, Microsoft is Laying Off Workers and It's Not Just Because of the Pandemic





  5. All They Want is Litigation, Not Innovation

    It's getting difficult to ignore or to overlook the fact that the 'litigation lobby' (the likes of Team UPC and today's EPO management, guided by groups like the Licensing Executives Society International) doesn't care about innovation and is in fact looking to profit by crushing innovation



  6. Reminder: Microsoft Profits From Crushing Protesters for Donald Trump

    Don't lose sight of the fact that what's going on in the United States right now is very profitable to Microsoft



  7. No, GNU/Linux Isn't at 3% and Windows Isn't at Over 90%, Either

    This ludicrous idea that "Linux" (however one defines it) enjoys just 3% of the "market" is false and it should be treated as laughable spin (it is being widely promoted this week, often by Microsoft boosters looking to make charts where Windows stays at above 90% and Vista 10 is 'gaining'... at the expense of Windows)



  8. Links 3/6/2020: Devuan Beowulf 3.0.0 and Tails 4.7 Released

    Links for the day



  9. Links 2/6/2020: New Firefox Release (77), Debian-based MX Linux 19.2, KDevelop 5.5.2, GNU/Linux Growth on Desktops/Laptops

    Links for the day



  10. Techrights Can Figure Out Source Protection/Anonymisation Whilst Operating Very Transparently

    We're still quite radically transparent whilst at the same time enjoying 100% source protection record; we're also improving the software we use to publish more quickly and efficiently



  11. IRC Proceedings: Monday, June 01, 2020

    IRC logs for Monday, June 01, 2020



  12. This is How GNU Finally Dies

    "Brace for when GNU falls the way that OSI, FSF, FSFE, Mozilla, and the Linux Foundation did."



  13. Latest Microsoft Layoffs Spun as 'Innovation' (There's Always a Positive PR Angle)

    The public is expected to simply ignore the fact that Microsoft is laying off employees (again); instead we're expected to think it's all about Microsoft being very brilliant and innovative



  14. Microsoft Playing the Victim, Irrationally 'Hated' by Victims of Its Abuse

    We're meant to believe that those whom Microsoft bribes against are the opinionated 'haters' and Microsoft is a victim of 'hate'



  15. Links 1/6/2020: Linux 5.7, FOSSlife Born, LibreOffice 7.0 Beta1, Linux Mint 20 Making Early Promises

    Links for the day



  16. Linux Without Linus

    The Linux Foundation seems to be acting like Linus (Linux founder) is somewhat of a liability (forcing him to take a ‘break’ from his own project) while taking even the most notorious proposals from corporations, including those that called Linux a “cancer”



  17. What It Would Take for Linus Torvalds to Leave Linux Foundation Without the Linux Trademark and Without Linux

    It's nice to think that the founder of Linux can just take his project and walk away, moving elsewhere, i.e. away from the Microsoft-employed executives who now "boss" him; but it's not that simple anymore



  18. The Past Does Not Go Away, Except From Short-Term Memories

    People who are drunk on power and money (sometimes not even their own money) like to portray themselves as the very opposite of what they are; but in the age of the Internet it's difficult to make the general public simply forget the past and "move on..."



  19. IRC Proceedings: Sunday, May 31, 2020

    IRC logs for Sunday, May 31, 2020



  20. Links 1/6/2020: OpenMandriva Lx 4.1 2020.05, Linux Lite 5.0 Release, FreeBSD 11.4 RC2

    Links for the day



  21. It's a Common Mistake and Common Misconception/Error to Treat Microsoft as Just Another 'Large Company' (or 'Big Tech')

    What's wrong about Microsoft isn't its size; what's wrong with Microsoft is its behaviour, which isn't just illegal (crimes are the norm) but also hugely unethical



  22. Lessons of Michael Arrington (About Microsoft)

    Microsoft and Bill Gates have a long history bullying their critics; the quote above (or below) shows how even people who advertise with Microsoft are becoming the target of abuse



  23. 'Best' of Both Worlds: GNU/Linux Freedom + Malware With Keyloggers and DRM

    Running a Microsoft-controlled GNU/Linux instance under Vista 10 ("Windows Subsystem for Linux") in the age of virtual machines, dual boot and containers makes as much sense as chopping some carrots to go with the veal meal to appease vegetarian diners



  24. First They Bribe the Employer, Media Lynch Mobs May Follow

    The 'cancel culture' lynch mobs, which leverage social causes (or marginalised groups), remain a convenient means by which to oust one's political/business opposition; but money too is a massive contributing factor and the more one has of it, the easier it is to control media narrative and subversive focus



  25. Upcoming Series Teaser: The Bribery Operation of William Henry Gates III

    Bribery goes a very long way when it comes to the megalomaniac who pays the media to portray him as the world's most generous person



  26. Windows Ransomware Must Not be Unspeakable When People Die in Large Numbers Due to That (and Windows Has Intentional Back Doors)

    Loss of electronic patient records, ransom and downtime among the severe consequences of deploying Microsoft inside hospitals; yet the media rarely names the real culprit (manslaughter charges theoretically possible) and nobody gets punished except those who offer real solutions



  27. IRC Proceedings: Saturday, May 30, 2020

    IRC logs for Saturday, May 30, 2020



  28. Burning the House That Richard Stallman (RMS) Built: An Open Letter to GNU Maintainers Who Opposed RMS

    An open letter to people who petitioned RMS to step down and who outsource GNU projects to Microsoft (GitHub)



  29. Links 30/5/2020: Godot Editor Under Web Browsers, Alpine Linux 3.12.0 and EasyOS 2.3

    Links for the day



  30. EPO's Illegal Patents and Massive Corruption Go Unnoticed by Corporate Media and Sites That Cover Patent News

    Very major corruption scandals still emerge in Europe's second-largest institution and illegal patents get granted as well as promoted; somehow, perhaps miraculously, this no longer seems to bother anybody in the media (corruption and radical policies have been gradually 'normalised')


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts