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

06.05.19

Patent Hearing Yesterday in US Senate: Koch-Funded ‘Scholars’ and Think Tanks Versus People Who Know What They Talk About

Posted in America, Patents at 11:27 am by Dr. Roy Schestowitz

The lawyers and the liars are trying to confront technical people and they will lose (again)

Coons bribed
It’s not bribery if they call it “campaign contributions” (right?)

Summary: For the third year in a row the Trojan horses of the litigation ‘industry’ try to sneak in bills wrapped in a bundle of intentional lies

WE PROMISED ourselves to focus on EPO affairs and hardly bother with the USPTO until further notice or turnaround. Seeing that 35 U.S.C. § 101 is under threat, however, we still want to document — not just in our daily links — what’s going on. The latest turn of events was mentioned in yesterday's post. It’s about a proposed legislation (with law firms bribing for it) that strives to water down/alter § 101. As we’ve stressed all along, we find it highly improbable that it will get anywhere, seeing what happened in past years. Regardless, the outcome will depend on what technologists do, as opposed to lawyers.

Joe Mullin (EFF) wrote this yesterday:

At a Senate hearing today, EFF Staff Attorney Alex Moss gave formal testimony [PDF] about how to make sure our patent laws promote innovation, not abusive litigation.

Moss described how Section 101 of the U.S. patent laws serves a crucial role in protecting the public. She urged the Senate IP Subcommittee, which is considering radical changes to Section 101, to preserve the law to protect users, developers, and small businesses.

Since the Supreme Court’s decision in Alice v. CLS Bank, courts have been empowered to quickly dismiss lawsuits based on abstract patents. That has allowed many small businesses to fight back against meritless patent demands, which are often brought by “patent assertion entities,” also known as patent trolls.

At EFF, we often hear from businesses or individuals that are being harassed or threatened by ridiculous patents. Moss told the Senate IP Subcommittee the story of Ruth Taylor, who was sued for infringement over a patent that claimed the idea of holding a contest with an audience voting for the winner but simply added generic computer language. The patent owner wanted Ruth to pay $50,000. Because of today’s Section 101, EFF was able to help Ruth pro bono, and ask the court to dismiss the case under Alice. The patent owner dropped the lawsuit days before the hearing.

And a short time apart (from the above) Karen Gullo (EFF) published:

Tillis-Coons Section 101 “Framework” Will Make Patent System Worse for Small Businesses, Consumers

Washington D.C.—EFF Staff Attorney Alex Moss will tell U.S. lawmakers today that proposed changes to Section 101 of the U.S. Patent Act—the section that defines, and limits, what can get a patent—will upend years of case law that ensures only true inventions, not basic practices or rudimentary ideas, should get a patent. Moss is among a panel of patent experts testifying today before the Senate Subcommittee on Intellectual Property about the state of patent eligibility in America.

The Supreme Court ruled in Alice v. CLS Bank that an abstract idea does not become eligible for a patent simply by being implemented on a generic computer. For example, a patent on the basic practice of letting people access content in exchange for watching an online ad was upheld in court before Alice. EFF’s “Saved by Alice” project has collected stories about small businesses that were helped, or even saved, by the Supreme Court’s Alice decision.

A proposal by Senators Thom Tillis and Chris Coons, chairman and ranking member of the subcommittee, would rewrite Section 101 of the Patent Act. The proposal is aimed squarely at killing the Alice decision. It will primarily benefit companies that aggressively license and litigate patents, as well as patent trolls—entities that produce no products, but make money by threatening developers and companies, often with vague software patents.

Section 101, as it stands, prevents monopolies on basic research tools that nobody could have invented. That protects developers, start-ups, and makers of all kinds, especially in software-based fields, Moss will tell senators.

Some of the familiar organisations have shown up and oppose this bill (yesterday we named ACLU, an unusual name in this particular context). As we predicted yesterday, it’s mostly Watchtroll’s people who are amplifiers of the trolls’ agenda in Senate this week. Eileen McDermott’s article “Todd Dickinson: SCOTUS Has Denied 42 Section 101 Petitions Since Alice, So It’s Up to Congress” shows that Iancu’s USPTO disrespects the courts the way the EPO does. The courts repeatedly reject software patents, so off they go to bribed politicians of law firms.

Steve Brachmann of Watchtroll published “First Senate Hearing on 101 Underscores That ‘There’s More Work to Be Done’” and we expect more to come.

“Those are known as “zombie” bills or legislations.”Professor Mark Lemley posted a photo of himself “Testifying in the Senate today” and Benjamin Henrion said “Best intervention is Joshua D. Sarnoff, mentions that even 101 section is rewritten, there will be constitutional challenges…”

He later added that “AI is just software with data. Nothing patentable here, even if you have the impression it’s magic…”

There are several Koch-funded ‘scholars’/think tanks in these hearings and they tell all the usual lies. Henrion called it “Senate hearing on software patents, destroying Alice and restoring patent trolls…”

We’re pretty optimistic that nothing will change at the end. They tried it in past years as well and it was shot down within a couple of months. They try it every summer. Those are known as “zombie” bills or legislations.

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. Links 17/9/2019: CentOS 7.7 and Funtoo Linux 1.4 Released

    Links for the day



  2. EPO is Not European

    Internationalists and patent trolls are those who stand to benefit from the 'globalisation' of low-quality and law-breaking patents such as patents on algorithms, nature and life itself; the EPO isn't equipped to serve its original goals anymore



  3. The EPO's Central Staff Committee and SUEPO (Staff Union) Respond to “Fascist Bills” Supported by EPO President António Campinos

    Raw material pertaining to the latest Campinos "scandal"; what Campinos said, what the Central Staff Committee (CSC) said, and what SUEPO said



  4. Storm Brewing in the European Patent Office After a Hot Summer

    Things aren't rosy in EPOnia (to say the least); in fact, things have been getting a lot worse lately, but the public wouldn't know judging by what media tells the public (almost nothing)



  5. Why I Once Called for Richard Stallman to Step Down

    Guest post from the developer who recently authored "Getting Stallman Wrong Means Getting The 21st Century Wrong"



  6. As Richard Stallman Resigns Let's Consider Why GNU/Linux Without Stallman and Torvalds Would be a Victory to Microsoft

    Stallman has been ejected after a lot of intentionally misleading press coverage; this is a dark day for Software Freedom



  7. Links 16/9/2019: GNU Linux-libre 5.3, GNU World Order 13×38, Vista 10 Breaks Itself Again

    Links for the day



  8. Links 16/9/2019: Qt Quick on Vulkan, Metal, and Direct3D; BlackWeb 1.2 Reviewed

    Links for the day



  9. Richard Stallman's Controversial Views Are Nothing New and They Distract From Bill Gates' Vastly Worse Role

    It's easier to attack Richard Stallman (RMS) using politics (than using his views on software) and media focus on Stallman's personal views on sexuality bears some resemblance to the push against Linus Torvalds, which leans largely on the false perception that he is sexist, rude and intolerant



  10. Links 16/9/2019: Linux 5.3, EasyOS Releases, Media Backlash Against RMS

    Links for the day



  11. Openwashing Report on Open Networking Foundation (ONF): When Open Source Means Collaboration Among Giant Spying Companies

    Massive telecommunications oligopolies (telecoms) are being described as ethical and responsible by means of openwashing; they even have their own front groups for that obscene mischaracterisation and ONF is one of those



  12. 'Open Source' You Cannot Run Without Renting or 'Licensing' Windows From Microsoft

    When so-called ‘open source’ programs strictly require Vista 10 (or similar) to run, how open are they really and does that not redefine the nature of Open Source while betraying everything Free/libre software stands for?



  13. All About Control: Microsoft is Not Open Source But an Open Source Censor/Spy and GitHub/LinkedIn/Skype Are Its Proprietary Censorship/Surveillance Tools

    All the big companies which Microsoft bought in recent years are proprietary software and all of the company’s big products remain proprietary software; all that “Open Source” is to Microsoft is “something to control and censor“



  14. The Sad State of GNU/Linux News Sites

    The ‘media coup’ of corporate giants (that claim to be 'friends') means that history of GNU/Linux is being distorted and lied about; it also explains prevalent lies such as "Microsoft loves Linux" and denial of GNU/Free software



  15. EPO President Along With Bristows, Managing IP and Other Team UPC Boosters Are Lobbying for Software Patents in Clear and Direct Violation of the EPC

    A calm interpretation of the latest wave of lobbying from litigation professionals, i.e. people who profit when there are lots of patent disputes and even expensive lawsuits which may be totally frivolous (for example, based upon fake patents that aren't EPC-compliant)



  16. Links 15/9/2019: Radeon ROCm 2.7.2, KDE Frameworks 5.62.0, PineTime and Bison 3.4.2

    Links for the day



  17. Illegal/Invalid Patents (IPs) Have Become the 'Norm' in Europe

    Normalisation of invalid patents (granted by the EPO in defiance of the EPC) is a serious problem, but patent law firms continue to exploit that while this whole 'patent bubble' lasts (apparently the number of applications will continue to decrease because the perceived value of European Patents diminishes)



  18. Patent Maximalists, Orbiting the European Patent Office, Work to 'Globalise' a System of Monopolies on Everything

    Monopolies on just about everything are being granted in defiance of the EPC and there are those looking to make this violation ‘unitary’, even worldwide if not just EU-wide



  19. Unitary Patent (UPC) Promotion by Team Battistelli 'Metastasising' in Private Law Firms

    The EPO's Albert Keyack (Team Battistelli) is now in Team UPC as Vice President of Kilburn & Strode LLP; he already fills the media with lies about the UPC, as one can expect



  20. Microsoft Targets GNU/Linux Advocates With Phony Charm Offensives and Fake 'Love'

    The ways Microsoft depresses GNU/Linux advocacy and discourages enthusiasm for Software Freedom is not hard to see; it's worth considering and understanding some of these tactics (mostly assimilation-centric and love-themed), which can otherwise go unnoticed



  21. Proprietary Software Giants Tell Open Source 'Communities' That Proprietary Software Giants Are 'Friends'

    The openwashing services of the so-called 'Linux' Foundation are working; companies that are inherently against Open Source are being called "Open" and some people are willing to swallow this bait (so-called 'compromise' which is actually surrender to proprietary software regimes)



  22. Microsoft Pays the Linux Foundation for Academy Software Foundation, Which the Linux Foundation is Outsourcing to Microsoft

    Microsoft has just bought some more seats and more control over Free/Open Source software; all it had to do was shell out some 'slush funds'



  23. Links 14/9/2019: SUSE CaaS Platform, Huawei Laptops With GNU/Linux

    Links for the day



  24. Links 13/9/2019: Catfish 1.4.10, GNOME Firmware 3.34.0 Release

    Links for the day



  25. Links 12/9/2019: GNU/Linux at Huawei, GNOME 3.34 Released

    Links for the day



  26. Links 12/9/2019: Manjaro 18.1 and KaOS 2019.09 Releases

    Links for the day



  27. EPO: Give Us Low-Quality Patent Applications, Patent Trolls Have Use for Those

    What good is the EPC when the EPO feels free to ignore it and nobody holds the EPO accountable for it? At the moment we're living in a post-EPC Europe where the only thing that counts is co-called 'products' (i.e. quantity, not quality).



  28. Coverage for Sponsors: What the Linux Foundation Does is Indistinguishable From Marketing Agencies' Functions

    The marketing agency that controls the name "Linux" is hardly showing any interest in technology or in journalism; it's just buying media coverage for sponsors and this is what it boils down to for the most part (at great expense)



  29. Watch Out, Linus Torvalds: Microsoft Bought Tons of Git Repositories and Now It Goes After Linux

    Microsoft reminds us how E.E.E. tactics work; Microsoft is just hijacking its competition and misleading the market (claiming the competition to be its own, having "extended" it Microsoft's way with proprietary code)



  30. Links 11/9/2019: Acer in LVFS, RawTherapee 5.7 and Qt 5.12.5 Released

    Links for the day


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