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

03.04.17

Using “China!” and Distortion of Data From Lex Machina, the Litigation Lobby Promotes Software Patents

Posted in Africa, Asia, Deception, Patents at 11:45 am by Dr. Roy Schestowitz

“The Chinese Are Coming!” (British Empire’s national broadcaster on the weak — and obviously hypocritical — narrative of Chinese ‘imperialism’)

The Chinese Are Coming

Summary: Patents on algorithms are promoted in all sorts of misleading (but familiar) ways, which include bias by omission (cherry-picking), fake economics, distortion of statistics, and possibly xenophobia too (fear of China)

China seems to have become almost a role model or a poster child to Battistelli’s EPO (it wants applications from China at the expense of anything). Quality of patents does not matter to them. Public interests or service don’t matter either, just the profit of some tiny niche of people who make a living out of patents alone. Patent maximalists in the US, likewise, regularly use "China!" as their argument for patent maximalism (Watchtoll, IAM, David Kappos and IBM can’t stop talking about “China!”). It’s troubling because it’s incredibly dishonest and what they are doing is clearly destructive to their nations (not that they are patriots, they are just greedy and self-serving).

Their argument in a nutshell is, if we don’t allow algorithms be to patented, China will “win” — a loose term for simple-minded and careless people like Donald Trump (there are many reports like “Donald Trump stokes foreign policy fears in China”).

“It’s troubling because it’s incredibly dishonest and what they are doing is clearly destructive to their nations (not that they are patriots, they are just greedy and self-serving).”“Good to see that SIPO aligns with the EPO’s “any hardware approach” when it comes to patent-eligibility,” said Bastian Best (very vocal proponent of software patents but not a software developer) the other day. That’s the same man who had also linked to Steve Lundberg’s “patents4software” blog (non-developer speaking ‘on behalf’ of developers [1, 2]). Lundberg says “Kudos to China on Software Patents,” alluding to news which we covered in [1, 2]. They are trying to argue that just because China permits software patenting so should the US, which scales back if not eliminates them.

Jack Ellis, another lobbyist like Lundberg (they are disguised as professionals, but all they do is lobby), has just published this post titled “China relaxes rules on software patentability – and the United States loses more ground”.

Front groups like IAM are using shame tactics against the USPTO. It’s part of that push which we have been writing quite a lot about recently. They also do this in India quite frequently (at least twice in the past week alone).

“Front groups like IAM are using shame tactics against the USPTO.”Ellis says “United States loses more ground,” as if it’s a bad thing to control quality. Ar they really losing by improving their system? IAM’s lobbyists just can’t help but show what they really are. It’s not a news site and it’s just as biased as Techrights, except we in Techrights are not funded by anyone and certainly not selling influence under the guise of ‘journalism’.

Watchtroll was of course all over this too, pushing for software patents under the headline “China relaxing barriers to software, business method patents with revised patent guidelines,” which added business methods to it.

IAM didn’t stop there. The lobbying, which characteristically came out just before the weekend started, intensified even further with gross misinterpretation of data from a group antagonistic towards patent trolls, Lex Machina. See this IAM post titled “Software patents fight back in the US as Federal Circuit decisions begin to influence lower courts” and examine it closely enough. This is mostly fiction from the think tank known as IAM, which misinterprets data for the sake of promoting software patents, as usual.

“IAM is lying/distorting things again, but that’s just its business model.”The core of their argument is CAFC, where it says: “The fall in 101 invalidations at the end of 2016, though, may indicate that a series of decisions last summer by the Court of Appeals for the Federal Circuit (CAFC) including Enfish, Bascom and McRo is beginning to have an effect.”

There were far fewer patent lawsuits in 2016, and fewer people bothered even bringing software patent to courts (after Alice, for obvious reasons). IAM is lying/distorting things again, but that’s just its business model. That’s what many firms are paying it for. It’s their propaganda mill, it’s tasked with perception management, e.g. softening the image of patent trolls.

Writing about the same data as above — albeit without the lobbying (or pseudo-activist) slant — Law 360 said that Lex Machina “tallied the number of patents that courts have invalidated under Alice.” To quote the opening paragraph (most of it is behind paywall anyway):

The national law firms that handled the most patent cases in 2016 includes several big names that were also among the busiest in 2015, according to a new report by Lex Machina, which also tallied the number of patents that courts have invalidated under Alice.

We have repeatedly made the (hopefully compelling) argument that many software patents are now de facto invalid and their holders no longer even bother suing, as they can see the high (and growing) likelihood that legal action would officially turn their patents to dust, leaving these holders with nothing but legal bills. IAM’s conclusion, as put in the headline (to make it into news aggregators) is highly misleading, but that’s what their subscribers pay for. They deposit a small proportion of their income and withdraw influence and warped public perceptions. Some of the misguided clients might be lured into lawsuits that would be lost; only the lawyers would profit.

“We have repeatedly made the (hopefully compelling) argument that many software patents are now de facto invalid and their holders no longer even bother suing, as they can see the high (and growing) likelihood that legal action would officially turn their patents to dust, leaving these holders with nothing but legal bills.”Looking closely at what CAFC has been doing, in 2016 it agreed with PTAB invalidations almost 80% of the time and the same trend continues this year, based on figures that we recently shared here. Law films keep cherry-picking CAFC cases (even old ones, as IAM did above) in order to make it seem as though software patents still have ‘teeth’. Published in a few domains of patent lawyers and other lawyers [1, 2], one such law firm explained “Federal Circuit Rules Software Patent for a User Interface is Patentable Subject Matter,” but if one looks at all the other CAFC cases, then it’s abundantly clear to see that they are just cherry-picking cases and nitpicking reality. Later on we will write about some new cases where software patents are invalided en masse — not something that IAM would touch even with a 5-foot bargepole (bias by omission).

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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. There Are Too Many Types of Cars...

    "Choice is malicious," say the antagonists



  2. Reversal of Narratives by Internet Trolls (Spinning Reaction to Their Trolling as 'Abuse')

    Organisations that engage in demonisation of people (typically those who expose the abuses of such organisations) somehow evade the standards of Codes of Conduct, as if Codes of Conduct are covertly designed not to protect individuals but to empower those who already have all the powers (or front for powerful people/corporations)



  3. Ongoing (Albeit Secret) Campaign of Patent Extortion Against GNU/Linux Distributions Using Software Patents, Even Expired Ones in Europe

    GNU/Linux distros attacked by software patents, even in Europe where no such patents are supposed to exist (or have any legal bearing)



  4. Links 19/10/2020: Linux 5.9-ck1/MuQSS, Linux Kodachi 7.3

    Links for the day



  5. Java's James Gosling is Wrong. Free Software Advocates Never Suggested or Insinuated That Money-Making Was Ethically Wrong.

    The honorable James Gosling mischaracterises the stance of Free software advocacy, portraying it like it is an issue of money rather than respect for users



  6. Maybe This is What Codes of Conduct Were Made for? Or to Prevent? (Updated)

    When people bemoan the abuse they receive from a so-called 'anti-harassment' team (covering up corporate corruption in a project by ousting people) this is the kind of thing they receive from colleagues or former colleagues



  7. Media Contradicts Itself, Redefines Proprietary Software as 'Open'... for Microsoft

    Proprietary GitHub is being spun as Microsoft going "open" (nothing could be further from the truth) in another EEE-type move with diffusion and confusion



  8. A Critic's Free Software Dictionary by figosdev

    Sarcastic take on often-spoken words in the domain of technology



  9. IRC Proceedings: Sunday, October 18, 2020

    IRC logs for Sunday, October 18, 2020



  10. Links 19/10/2020: OpenBSD 6.8, RapidDisk 7.0.0, Tails 4.11 Reviewed

    Links for the day



  11. The Different Types of Spammy 'Articles' and 'Reviews' Which Have Killed 'Professional Journalism' (Nowadays Mostly SPAM)

    The media has become so rogue that a lot of it is merely an extension of the marketing/PR industry; unless this is corrected, online publishers will fail to earn or maintain any degree of trust



  12. When the Software -- and by Extension Hardware and Network -- Controls the User...

    A distraction-free workflow is more likely to be attained using Free software than without it; in a world with information overload and 'surveillance capitalism' people need to carefully rethink what they do (or have done to them) digitally



  13. What the Linux Foundation Teaches People About GNU/Linux in LinuxFoundationX (edX) LFS101x “Introduction to Linux” [sic]

    Some annotated screenshots of preliminary sections of LFS101x, a 'course' designed to indoctrinate people for the Linux Foundation and the project is borrows its name from (but whose trademark it does not control)



  14. Shut Up and Learn to Maintain an Application Suite

    "Try and maintain a complex piece of software like a browser or an office suite, and then you'll understand."



  15. LinuxFoundationX (edX) LFS101x “Introduction to Linux” is More Linux Foundation Marketing and 'Linux' Revisionism Than Actual Training/Teaching

    The Linux Foundation makes a course about "Linux" partly about itself (the Linux Foundation, with top members like Microsoft and Oracle) and distorts the record with terms like "Open Source" and the pretense everything is "Linux" (even work that predates Linux itself)



  16. Microsoft Sheds Off Lots of Staff in This Autumn of COVID

    Microsoft is laying off more staff than we've estimated (even Azure staff) and the modus operandi disguises layoffs as mere departures (to make it seem wilful)



  17. [Meme] Microsoft's Calculator is Spyware

    The last thing GNU/Linux users need or want is yet another simple calculation tool, this one with Microsoft in control



  18. History's Lesson: Microsoft Now Does to GNU/Linux What It Did to Java (Creating 'Schism' to 'Wrest Control')

    We take a closer look at what Bill Gates admitted (under pressure, with 'smoking guns' to compel him into admission) regarding his rogue tactics



  19. When You Have to Use Windows for Something (Like Work) But You Really Don't Want Anything Proprietary or Microsoft-Controlled

    The situations/scenarios where GNU/Linux and BSD geeks need to 'touch' Windows for something (usually remotely) rapidly dwindle; those who are still using Windows on a laptop/desktop in 2020 are considered tech-illiterate or regarded as 'dinosaurs' (hence the dishonour meme above)



  20. Links 18/10/2020: Kodachi 7.3 and OpenBLAS 0.3.11

    Links for the day



  21. Surveillance in (and/or by) Free Software is a Growing Problem

    If Free software ceases to respect personal privacy (full control over one’s computing), does it still protect users’ freedom? That’s a question or an aspect not dealt with by the Four Freedoms — and one that’s worth entertaining as so-called ‘surveillance capitalism’ grows (data as currency, people as ‘products’ to be sold)



  22. Bill Gates Refers to His Business as “Jihad” and Accuses Java of Being a “Religion” With “Rabid” Supporters

    Peace disallowed by Bill Gates, as usual; to him, this is all just a religious war that strives to cull out and eliminate or convert the 'infidels' (those who reject his religion); the Bill Gates deposition tapes show his deep concerns and fear of Java APIs



  23. IRC Proceedings: Saturday, October 17, 2020

    IRC logs for Saturday, October 17, 2020



  24. [Meme] Openwashed (and Spying) 'Killer App' for GNU/Linux? A Basic Windows Calculator!

    There's no "Linux" news to cover more important and urgent than just another useless calculator (this one with notorious Microsoft telemetry) being ported to GNU/Linux



  25. Links 17/10/2020: No GNU/Linux for 10 Days, Google Coral Dev Board Runs Debian

    Links for the day



  26. Open-Sourcing the Investigation of Gates Deposition Tapes and Their Relationship to Current (Present) Affairs

    The so-called 'philanthropist' and 'giver' that the media tells us Bill Gates suddenly became (he has earned another ~$10,000,000,000 since the pandemic began) needs further exposing because, having raided the software world (monopoly by law-breaking), he now does the same in other domains



  27. The Supposedly 'Soft' Bill Gates Interrogated About What Was Called His “Jihad”

    We revisit the odd choice of words (repeatedly used by Mr. Gates internally), suggestive of some divine call for war/arms in the business context



  28. Why Microsoft Will Not Embrace GNU/Linux (to Replace Windows)

    The Bill Gates deposition shows that Gates was aware Windows had become a market monopoly and sought to leverage that to push whatever “killer app” he thought would shield Microsoft’s monopoly; those tactics never changed (here’s an example from two days ago: “Microsoft is foisting Office web apps on Edge users”)



  29. The Sad Story of Mozilla Keeps Getting Sadder Because Mozilla's Managers Abandoned Users and Chose Companies as Their Clients

    Mozilla's business model keeps changing for the worse, as the "app" mentality and/or the "social control media" mindset are chosen over the needs of actual (longtime) users, limiting the extensibility of the Firefox browser in the name of "performance" or "simplicity" (as if all that users need is "dark mode" and a choice of search engines)



  30. IRC Proceedings: Friday, October 16, 2020

    IRC logs for Friday, October 16, 2020


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