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

03.01.19

Why Justin Simpson is Wrong About Software Patents

Posted in Australia, Deception, Patents at 1:43 am by Dr. Roy Schestowitz

CEO and Patent Attorney at Billtrader Pty Ltd

Summary: Yet another boring article lectures us on why software patents are ever so wonderful, based on people who make a living from software patents without having written any software/code

TECHRIGHTS already wrote/published a lot of articles about why software patents are bad. I’ve been writing on the subject since a decade before Alice/35 U.S. — i.e. when the U.S. Patent and Trademark Office (USPTO) had to begrudgingly accept that software patents almost always perish in American courts; the same is happening in European courts, never mind if the EPO promotes software patents in Europe under the guise of “AI”, “4IR”, “ICT”, “CII” “Blockchain”, “IoT” and all sorts of other ridiculous buzzwords.

“It’s some new (albeit tiring, repurposed) propaganda from Justin Simpson.”We were therefore a little curious to see a CEO and Patent Attorney at Billtrader Pty Ltd (small firm) publishing this piece titled “A new type of patent: the software patent”; Australia’s litigation ‘industry’ has been writing more and more about it lately (see this index of articles), but this one page is 15MB in size (yes, 15 megabytes for just a few paragraphs of text; very bad implementation). It’s some new (albeit tiring, repurposed) propaganda from Justin Simpson. Debunking this propaganda is very easy, albeit highly time-consuming (due to length), so let’s just break apart two consecutive paragraphs and dissect these.

“Debunking this propaganda is very easy, albeit highly time-consuming (due to length), so let’s just break apart two consecutive paragraphs and dissect these.”Simpson wrote: “Software has value. Google, Facebook, and Amazon are software companies.”

Water also has value (billions of people depend on water for their very survival) and utilities/water treatment companies make billions of dollars each month. Should we patent water?

“Their core value is created by the clever software they have built.”

Software that is covered by copyrights and is often kept secret (proprietary) anyway. The above three companies very rarely use patents to sue, unlike IBM and Microsoft.

“Those three companies alone are worth nearly $2 trillion. That’s nearly double the GDP of my home country, Australia.”

“Water also has value (billions of people depend on water for their very survival) and utilities/water treatment companies make billions of dollars each month. Should we patent water?”Is he trying to imply that it’s the patents that add up to value? Putting aside the fictional aspects of these speculative valuations…

“So why is it that software is not patentable?”

Well, because empirical evidence does not support claims that they’re needed for innovation and copyright alone already covers the need. There have been a lot of studies about it (scholarly, too).

Here is his explanation however:

“The reason is that the courts must base their decision on existing laws and past cases that were written well before software was invented. Laws that could not have envisaged the nature and role software plays in modern society.”

Similar arguments are being made for patents on life and nature. Will he defend patents on human beings too? Or seeds?

“Articles like these have become common and they’re always pretty shallow.”These boring old arguments (nothing novel about them; every sentence or paragraph is dingo droppings) aren’t going to sway or convince anyone but the target audience of the site, with its patentism (like a religion revolving around worship of patent monopolies).

So the bottom line from Mr. Simpson is, make software patents possible and “bam!” Suddenly the GDP of Australia will be tripled. Right? It’s all about him looking for more clients (more billing opportunities), earning at the expense of people who actually write code.

Articles like these have become common and they’re always pretty shallow. Pure marketing (shameless self-promotion).

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. The Linux Foundation is Not About Linux

    Linux Foundation (LF) objectives/missions do not resemble what the Open Source Development Labs, Inc. (OSDL) was founded to accomplish; this puts at grave threat the very raison d'être of both GNU and Linux



  2. Guest Post: The Linux Foundation Needs to Define “Support”

    Part of an ongoing series of articles we do about the Linux Foundation



  3. Dimitris Xenos on Unconstitutional Supranational Arrangements for Patent Law: Leaving Out the Elected Legislators and the People’s Participatory Rights

    A new paper from a British scholar proves to be timely because of the EPO's violations of the European Patent Convention (EPC) and failed push to force-feed Europe with the unconstitutional Unified Patent Court (UPC)



  4. The Campinos-Battistelli Strategy is Working: Patent Trolls Are Coming to Europe!

    It cannot be any less obvious that today's European Patent Organisation (and Office) works for patent offices and for those who pay these patent offices (law firms) rather than for science, technology and the public (including the European public)



  5. Links 25/3/2019: Linux 5.1 RC2, Nano 4.0, PyPy 7.1

    Links for the day



  6. Links 24/3/2019: Microsoft Does Not Change; Lots of FOSS Leftovers

    Links for the day



  7. Just Published: Irrational Ignorance at the Patent Office

    Iancu and his fellow Trump-appointed "swamp" at the USPTO are urged to consult academics rather than law firms in order to improve patent quality in the United States



  8. Microsoft Paid the Open Source Initiative. Now (a Year Later) Microsoft is in the Board of the Open Source Initiative.

    The progression of Microsoft entryism in FOSS-centric institutions (while buying key "assets" such as GitHub) isn't indicative of FOSS "winning" but of FOSS being infiltrated (to be undermined)



  9. Jim Zemlin's Linux Foundation Still Does Not Care About Linux Desktops

    We are saddened to see that the largest body associated with Linux (the kernel and more) is not really eager to see GNU/Linux success; it's mostly concerned about its bottom line (about $100,000,000 per annum)



  10. Links 23/3/2019: Falkon 3.1.0 and Tails 3.13.1

    Links for the day



  11. The Unified Patent Court is Dead, But Doubts Remain Over the EPO's Appeal Boards' Ability to Rule Independently Against Patents on Nature and Code

    Patents used to cover physical inventions (such as engines); nowadays this just isn't the case anymore and judges who can clarify these questions lack the freedom to think outside the box (and disobey patent maximalists' dogma)



  12. Patent Law Firms Still Desperate to Find New Ways to Resurrect Dead Software Patents in the United States

    There's no rebound and no profound changes that favour software patents; in fact, judging by caselaw, there's nothing even remotely like that



  13. Links 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

    Links for the day



  14. Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

    The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"



  15. The European Patent Office Needs to Put Lives Before Profits

    Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)



  16. “Criminal Organisation”

    Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?



  17. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  18. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  19. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  20. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  21. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  22. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  23. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  24. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  25. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  26. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  27. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  28. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  29. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  30. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day


CoPilotCo

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

CoPilotCo

Recent Posts