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

The Slop Presumption Rule
Tainting oneself can take one day
August 2026 Microsoft Layoffs Are "Secret Layoffs" or "Silent Layoffs"
It's all about secrecy, isn't it?
Newer Not Better: Treadmill Updates Cause Problems
after 2 years the un-updated machines still fine
SLAPP Censorship - Part 136 Out of 200: Lawyers That Get Paid to Mess About
They were already outnumbered and understaffed
 
Why Techrights Will Still be Active a Decade From Now
Techrights will carry on for many years to come
We Are Witnessing the End of IBM
IBM cannot find growth by moving downwards, by lowering standards
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 01, 2026
IRC logs for Saturday, August 01, 2026
Gemini Links 02/08/2026: Older Books, Esperanto Music History, and Slop Making Things Worse
Links for the day
Sharing and Empathy
Be more like Stallman, not Linus
Fedora 'Community' Became 100% IBM Staff, Drawing Up Policies Like CoC and CoI (Where the IBM is Excepted From Conflict of Interest Policies)
IBM has in effect killed Fedora
Gemini Links 01/08/2026: Planner Season is Upon Us, Slop "Apocalypse", and USENET
Links for the day
Cuts at IBM, Allegedly More Shutdowns to Come, CEO Visits Complicit Media to Promote Lies and Products That Will Never Exist (Misleading Shareholders)
IBM is collapsing
Links 01/08/2026: GAFAM Falling Deep Into Trillion in (Secret) Debt to Keep the Slop Bubble From Popping Already, Anger Over "FIFA’s World Cup Privatisation Plan"
Links for the day
The Cyber Show on the Slop Bubble
new article about the implosion of the slop bubble
Links 01/08/2026: New York Times Trying to Inflate the Slop Pyramid Scheme (at Cost to Its Own Reputation) and "Iran Appears to Be Blasting Amazon Data Centers Off the Map"
Links for the day
Positive Political Momentum
Daniel Pocock is taken seriously by many people who contact us privately
Google "AI" is Plagiarism, the Case of Richard Stallman (RMS)
Why would anyone choose LLM slop over the originals, curated and fact-checked by domain experts?
Explaining That Software Patents Are Neither Legal Nor Desirable
Many of our readers work in the legal sector
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 31, 2026
IRC logs for Friday, July 31, 2026
Gemini Links 01/08/2026: Retirement, Bike Trips, Quake Stuff, Usenet Reborn
Links for the day
Links 31/07/2026: Microsoft Now Says Slop is Bad (LinkedIn Cracks Down on It), LinkedIn Narrows Down Size (No Expansion)
Links for the day
European Patent Office (EPO) Series: From Alicante to Munich: Another Smooth Ride
Campinos is intent on transforming what was originally envisaged as a temporary public office into his own permanent personal feather-bed
Daniel Pocock and the Important Observation About Threats of Cult-Like Behaviours (No Rationality, No Reason, Just "Mob Rule")
It's a threat to Europe's sovereignty
The "PIP Parade" of IBM's Lousy Management, Which Said "Blockchain" Was the Future
In a healthy company such a CEO would be punished for utterly wrong visions and predictions. Not at IBM...
SLAPP Censorship - Part 135 Out of 200: Limited Liability Partnership (LLP) That Does Not Disclose Financial Activities Before August
It certainly looks like they keep losing the remaining women that still exist in the firm
Links 31/07/2026: "Climate Cover-Up Continues" and Pesticides "Cook the Planet"
Links for the day
Datacentre 'Boom' Sceptics Aren't Luddites, They Recognise a Threat to Human Survival (Not Limited to Climate Change)
Archaeologists very well know that no species will survive forever
Microsoft's Claims Are Based on a Big Lie
the bubble is coming to its hard limits
Don't Lose Sight of the Impact of "End of 10" (Vista 10)
GNU/Linux has taken off fast
Microsoft's Debt Continues to Steadily Increase, Not Counting Hundreds of Billions in Secret/Hidden Debt
The mass layoffs will carry on, maybe labelled LITE
IBM is Circling Down the Drain, the 'Growth' Comes From Beancounting Tricks and Salary Cuts
IBM was down 2.17% yesterday
Microsoft's "Headcount" Distracts From How Big a Cull It Had This Month
It also speaks of numbers "[a]s of June 30" though the "buyouts" were effective July 1 and since then well over 10,000 workers have vanished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 30, 2026
IRC logs for Thursday, July 30, 2026
Gemini Links 31/07/2026: Music, Journaling, and Longing
Links for the day