Bonum Certa Men Certa

IBM and IPO Continue Working Behind the Scenes to Undermine Alice and Promote Software Patents

Ginni Rometty



Summary: The Intellectual Property Owners Association (IPO), together with IBM (Manny Schecter, Marian Underweiser and others), is still trying to overturn Mayo and Alice

THREE years ago Alice came to change everything. It was the summer of 2014 when the US patent system became more 'officially' hostile towards software patents. Much has been written on the subject since then, including literally about a thousand articles here in Techrights (we regret not developing a detailed index page in Wiki form as we went along covering Alice; we had made one for the Bilski case).



"We constantly need to defend and advocate Alice; in absence of opposition to these saboteurs (usually the patent microcosm, which produces nothing but lawsuits) things can quickly change for the worse."Alice is not a "done deal", so to speak. Alice and Section 101 are constantly under attack. USPTO examiners often ignore the determination, instead relying on amorphous and dynamic guidelines, which contain loopholes for patenting software (a bunch of loopholes that courts don't quite fall for).

We constantly need to defend and advocate Alice; in absence of opposition to these saboteurs (usually the patent microcosm, which produces nothing but lawsuits) things can quickly change for the worse. We have already named some of these saboteurs. They don't quite keep it a secret (at least not effectively).

Yesterday we were reminded of the effect of stacked panels because Juve's UPC specialist wrote: "Nine panelist @Vossius #UPC Conference to vote on new start date of #UPC. All: at some day in 2019"

"We have already named some of these saboteurs. They don't quite keep it a secret (at least not effectively).""I guess none of these panelists was a UPC sceptic," I wrote. "Just gotta push the lie of Unitary Patent being inevitable."

UPC is a great example of echo chamber politics. Lots of people with financial stake in the outcome keep misleading one another. It's like a blind religion.

The same is true for software patents.

Just a short while ago IBM's patent chief, Manny Schecter, wrote that "99% of respondents to a survey at the IPO Annual Meeting indicated that change is needed to reform patent subject matter eligibility..."

For those who don't know what IPO is and how IBM is connected to it, see this article from February (we last mentioned it in May). IBM spearheads a propaganda campaign against Alice and it's too shallow for them to hide. The FFII's President responded to Schecter with, "this is what happens when you only ask the patent community. An echo chamber."

"Lots of people with financial stake in the outcome keep misleading one another."This is also what happens when IBM needs to rely on propaganda to harm software developers (with patent lawsuits).

We also see Steven Lundberg right there in the comments. Lundberg has long been a key part of the software patents lobby.

The EFF's Vera Ranieri also commented on this instance of IBM pushing for software patents.

She asked: "Is this like asking foxes whether the henhouse should be left wide open?"

"The meddling in patent policy by IBM is rather telling; IBM views its future as never-ending blackmail and extortion using software patents."IBM used to be "OK" towards Free/Open Source software in the late nineties, but right now it is an evil, aggressive, lying company. It's a patent aggressor. It is perfectly possibly/plausible that technology companies other than IBM (Microsoft for sure) want Alice thwarted and Section 101 changed, but they don't actively push for it like IBM does. The meddling in patent policy by IBM is rather telling; IBM views its future as never-ending blackmail and extortion using software patents.

Professor Polk Wagner, Intellectual Property [sic] professor at Penn, responded to Schecter by saying: "Only narrowly losing to ‘Is water wet?’ I’m sure!"

In our next post we'll talk about Alice trends and media spin that relates to it.

Recent Techrights' Posts

Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day
Links 10/09/2026: Facebook Unsafe for Kids, Fake Songs (Against Right of Publicity, CG Forgeries Basically) a Growing Problem
Links for the day
Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026