Bonum Certa Men Certa

Alice Remains Strong and Potent in Opposing Software Patents, But the Patent 'Industry' Never Rests

The patent microcosm is trying to set fire to the software industry in order to make money from the equivalent of reconstruction

Arson



Summary: The people who have been sabotaging the software industry for years/decades (taxing it by litigation and other patent-related expenses) are losing momentum and resorting to attacks on Alice Corp. v CLS Bank International (Supreme Court's decision)

THE long tradition of Alice bashing is older than 3 years. A cult of patent maximalism, i.e. those people who believe that anything on Earth (even thoughts!) should be patented, would even make card decks to that effect (Patently-O actually promoted these last week). For those to whom patents rather than actual work/code/devices are "property" it may make perfect sense (they keep telling each other that patents are the equivalent of innovation), but for those of us who code it's a major headache and a never-ending struggle (to keep these zealots at bay). They keep bullying any public official who tries to explain that patent trolls have no value to the economy and patents on software aren't desirable or wanted by actual software professionals.



"They keep bullying any public official who tries to explain that patent trolls have no value to the economy and patents on software aren't desirable or wanted by actual software professionals."Will this dispute ever end? It can, but only if those patent maximalists go out of business. It's unlikely that coders will completely go out of business, even though Microsoft's patent troll Nathan Myhrvold once said: "Intellectual property is the next software."

As if patents can magically replace actual code and coders.

The eternal push by patent maximalists comes from various Web sites, none of which are composed by software developers. For them to tell software developers what software developers want or need is as ludicrous as it gets. They probably don't realise how ludicrous it looks to outsiders, either.

"For them to tell software developers what software developers want or need is as ludicrous as it gets."Here is a new example from Patently-O. Why was such a patent granted by the USPTO in the first place? Why aren't examiners (or their bosses) realising the dire effect of granting bogus patents? Innocent people are harmed and only the lawyers benefit.

Here is another news item from several days ago -- one which mentioned software patents. How did a graduate in the area of physics come to this? To quote: "IP boutique Meunier Carlin & Curfman has added two patent lawyers from a pair of big firms in town. Chris Glass, who was at Troutman Sanders, joins as of counsel, and Jason Huff joins as an associate from Kilpatrick Townsend & Stockton. [...] Glass, who has an undergraduate degree in physics, handles patent prosecution and litigation, mostly for electronics, optics (which includes fiberoptics communications), medical device and software patents."

"Don't they realise that software patents are passé?"For a physical device, where the invention is demonstrable not on a general-purpose device (e.g. programmable), patents can be fine. But why software? Moreover, what about Alice? Don't they realise that software patents are passé?

Even the "national law review" (a widely read journal, especially among legal professionals) is coming to grips with death of software patents. Days ago it published this article titled "Patentability Post-Alice: Cracking The Code" and it's about the 2014 ruling (along with its implications). To quote: "Another digital data conversion patent bites the Alice dust. Frankly, this is no longer a shock. Since the controversial and confusing Alice Corp. v. CLS Bank International opinion was issued in 2014, courts have been striking software patents left and right. The latest Alice victim, an image-processing patent holder battling Nintendo, has commentators calling rulings like this a threat to software patents worldwide. When it comes to getting through the patent-worthy Alice gate, have you cracked the code?"

Software patents are not worth much in the US. They might even be completely worthless. Software patents are gradually ending in the US and it's a good thing, albeit a shame it didn't happen earlier. The latest pro-Alice article of the EFF (part of a series) was published very recently to say "Alice Arrives Too Late to Save A Startup" (Ordrx).

Here is the gist of it:

David Bloom’s startup got off to a good start. He left a “regular job” to found Ordrx, a software company that created ecommerce solutions for local businesses. He secured venture funding and the company was featured in featured in TechCrunch and Inc. Magazine. But then he ran into a patent troll.

Our Saved By Alice posts have told the stories of companies who were helped or saved by the Supreme Court’s ruling in Alice v. CLS Bank that an abstract idea does not become eligible for a patent simply by being implemented on generic computers. Unfortunately, David’s story does not really belong in this series. This is because Ordrx was completely wiped out by the massive expense of defending itself in patent litigation. Later, the Federal Circuit would find the troll’s patents invalid under Alice. But that ruling came too late to save Ordrx.


When the EFF posted this in Twitter PTAB and Alice bashers started attacking the EFF over it.

"It would be nice to see the patent micorocosm leaving Alice in tact and in peace, but there are several simultaneous efforts to water down Section 101, in effect derailing Alice (i.e. disrepsecting a Supreme Court's decision)."Benjamin Henrion responded with: "Why does the state needs to intervene in software development? Sounds like an elephant in porcelain shop."

Copyrights do not require enforcement unless an infringement is said to have occurred (usually plagiarism or licence violations). Rarely does that require lawyers and attorneys.

It would be nice to see the patent micorocosm leaving Alice in tact and in peace, but there are several simultaneous efforts to water down Section 101, in effect derailing Alice (i.e. disrepsecting a Supreme Court's decision). We are watching these things closely. Attacks on PTAB will be covered in the next post.

Recent Techrights' Posts

On Groupthink, Mindless 'Sheep', and Toxic Online Cults
This week, treat yourself to a life free of social control media
BetaNews is Run and Written by Bots That Make Clickbait
At least one author is doing this
 
Same Month Judge Suggests Selling Chrome (Compelling Google to Give It Away) Chrome Surpasses Two-Thirds of "The Market", Based on Surveyor
tackling Google's browser monoculture is still a priority
[Meme] Trying to Terrorise Critics
How Microsofters roll...
Illegitimi Non Carborundum
If you try to suppress our publication, we'll not just bark back but also bite
Why This Site Became "Simple" a Year Ago
Light is good, heavy is bad
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 25, 2024
IRC logs for Monday, November 25, 2024
Links 26/11/2024: International Microsoft Outages, Microsoft Mass Layoffs Bigger Than Reported Last Friday
Links for the day, Deutsche Welle and CBC focus
Gemini Links 26/11/2024: Not Pagan, Emacs Wiki, and More
Links for the day
Links 25/11/2024: Egypt Harasses Bloggers, The University of Michigan Has Become Like a Corporation
Links for the day
Links 25/11/2024: Climate News, Daniel Pocock Receives a Fake/Fraudulent €17,000 Electricity Bill
Links for the day
[Meme] Microsoft: Our "Hey Hi" Hype is Going So Well That We Have MASS Layoffs Every Month. Makes Sense?
Contradiction
Latest Mass Layoffs at Microsoft Are Confirmed, Bing and Vista 11 Losing Market Share
They tried to hide this. They misuse NDAs.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 24, 2024
IRC logs for Sunday, November 24, 2024
Gemini Links 25/11/2024: Purity and Cory Doctorow's Ulysses Pact, Smolnet Portal and SGI
Links for the day
Technology: rights or responsibilities? - Part VIII
By Dr. Andy Farnell
GNU/Linux Reaches All-Time High in Europe (at 6%)
many in Europe chose to explore something else, something freedom-respecting
Patents Against Energy Sources That Reduce Pollution
this EV space (not just charging) is a patent mine field and it has long been that way
DARPA’s Information Innovation Office, Howard Shrobe, Values Compartmentalisation But Loses the Opportunity to Promote GNU/Linux and BSDs
All in all, he misses an opportunity
Wayland is an Alternative to X
the alternative to X (as in Twitter) isn't social control media but something like IRC
BetaNews, Desperate for Clicks, is Pushing Donald Trump Spam Created by LLMs (Slop)
Big clap to Brian Fagioli for stuffing a "tech" site with Trump spam (not the first time he uses LLMs to do this)
[Meme] Social Control Media Bliss
"My tree is bigger than yours"
Links 24/11/2024: More IMF Bailouts and Net Client Freedom
Links for the day
Gemini Links 24/11/2024: Being a Student and Digital Downsizing
Links for the day
Techrights' Statement on Code of Censorship (CoC) and Kent Overstreet: This Was the Real Purpose of Censorship Agreements All Along
Bombing people is OK (if you sponsor the key organisations), opposing bombings is not (a CoC in a nutshell)
[Meme] The Most Liberal Company
"Insurrection? What insurrection?"
apple.com Traffic Down Over 7%, Says One Spyware Firm; Apple's Liabilities Increased Over 6% to $308,030,000,000
Apple is also about 120 billion dollars in debt
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 23, 2024
IRC logs for Saturday, November 23, 2024
[Meme] GAFAMfox
Mozilla Firefox in a state of extreme distress
Google Can Kill Mozilla Any Time It Wants
That gives Google far too much power over its rival... There are already many sites that refuse to work with Firefox or explicitly say Firefox isn't supported
Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs
Microsofters have been trying to ban or exclude Free software
In the US, Patent Laws Are Up for Sale
This problem is a lot bigger than just patents
ESET Finds Rootkits, Does Not Explain How They Get Installed, Media Says It Means "Previously Unknown Linux Backdoors" (Useful Distraction From CALEA and CALEA2)
FUD watch
Techdirt Loses Its Objectivity in Pursuit of Money
The more concerning aspects are coverage of GAFAM and Microsoft in particular