Many Thanks to Free Software, the Demise of Software Patents (in Europe and the US), and So Much More

Posted in America, Europe, Patents at 5:59 pm by Dr. Roy Schestowitz

Thank you

Summary: On a positive note we’re heading into the end of November, one month before Boxing Day; we take stock of patent affairs that impact software developers

ACROSS the United States people celebrate a holiday that we do not have here in ‘Englandia’. Except of course the shopping-related offshoots (cyber Mondays and black Fridays — whatever they even have to do with holidays when we’re still in national/nationwide lock-down).

“Enjoy the long weekend, don’t shop (“consume”) too much, and don’t believe anything Team UPC says.”This coming (long) weekend we’ll be doing some site housekeeping, having ‘earned’ some rest after 29,000+ blog posts. We’re motivated, not tired. Exhilarated, not demoralised.

What happened today in Germany was not a surprise; neither to me nor to Benjamin Henrion, among many others (we correctly predicted this outcome). Daily Links have some coverage from Team UPC, but we will write about the latest on the subject when the constitutional complaint comes (we’re rather certain it’ll arrive soon). Team UPC is, as usual, using Trump-style hype and premature victory laps in an effort to gaslight and demoralise otherwise rational people. António Campinos of the EPO did the same in the afternoon, but even his own workers don’t believe a word that comes out of his mouth.

FFII is crowd-sourcing and crowd-funding a complaint and we also expect the famous Düsseldorf attorney/lawyer to say something. People expect a complaint from him, not just from FFII, and various other parties will likely step in (at some level or capacity). We expect to see some frustrating times for Team UPC ahead of us, e.g. get ready for the FCC… actually dealing with the actual substance this time around (a key Justice already publicly insinuated it would likely come next).

Benoît Battistelli is thankful to lobbyists (CEIPI has long wanted and attempted to profit from UPC courses, even if UPC does not exist) and those who think legislation can be magically retrofitted to bypass Brexit are in for a surprise. Also, those who think they can introduce a new court system to authorise software patents in Europe (without the highest court in the EU getting involved) are simply dreaming.

Thank youIt was almost 24 months ago (2 years) that the U.S. Patent and Trademark Office (USPTO) attempted to crush/bypass 35 U.S.C. § 101. Not only will Biden replace the current USPTO leadership (it seems inevitable); in the meantime the Federal Circuit only doubled down on 35 U.S.C. § 101/Alice. Coons and his friends made no progress with a Congressional bypass and the Patent Trial and Appeal Board (PTAB) continues to handle inter partes reviews (IPRs), habitually crushing American software patents. So we’re generally still in a good position. Not perfect, but not too bad, either.

Enjoy the long weekend, don’t shop (“consume”) too much, and don’t believe anything Team UPC says. They’ve been lying to us all for well over a decade; it’s not like this week their lies miraculously stopped.


The Only Real Dialogue the ‘European’ Patent Office is Having… is With Litigation Parasites, Even Foreign Ones

Posted in America, Europe, Patents at 6:02 am by Dr. Roy Schestowitz

EPO: Well, the policy “came from above…”

I said leave the EU and then I want to run the EU

Summary: The EPO’s mask falls off again, revealing a ruthless herd immunity-like mentality that welcomes patent trolls, threatens/condemns actual scientists, harms Europe and basically does a disservice to everybody

WE can totally relate to examiners who are disgusted by politicians like Benoît Battistelli and his friend António Campinos running the EPO, Europe’s second-largest institution, which was supposed to be scientific rather than political.

“This is what a coup looks like. The EPO works not for Europe and not for science. It’s eager to have amicable dialogues not with staff but with a bunch of American law firms.”How did we come to this? Why did the Office end up being a litigation fanatic in bed with parasites? Wasn’t it supposed to be an ally of European scientists? Look how it’s constantly attacking patent examiners, who aren’t just scientists but the main, if not sole, asset of the Office.

The EPO is no longer able to attract talent. Technical people know to stay well away from the EPO; incidentally, the EPO’s blog had its SSL certificate expire on Friday. If that’s not technical incompetence, what is? Can’t a multi-billion-dollar institution sort out these kinds of things? Apparently not. And it’s far from the first such technical fluke; we gave more examples before.

2 documents/letters have just been released to highlight impending legal action (staff is truly fed up and we cannot blame the staff; we’re only surprised it took so long).

Farage and TrumpAside from the SSL f*-up of Friday (some people unable to even access the EPO’s official blog), there was also this pure nonsense from late Friday (warning: epo.org link) in the EPO’s “news” section.

It speaks of a “virtual event.” I.e. webchat… (glorified chat)

Your lovely and amicable buddy/gentleman ‘Steve’ Rowan (Stephen Rowan doing a ‘Mike’ Bloomberg) of the EPO “welcomed the US participants” who weren’t scientists but basically parasites claiming to be standing for “innovation” (litigation really).

Maybe meet actual scientists instead of lawyers (applicants)? The EPO is a lost cause these days, as they don’t seem to know what patent offices really exist for. They also lost sight of the word “European” in their name. The actual ‘meeting’ (not) was on Thursday, as per the opening statement which says: “The 36th annual meeting of the US Bar-EPO Liaison Council took place yesterday (19 November), held for the first time as a virtual event.”

US Bar.

Macron and TrumpNo, they don’t offer alcoholic beverages. They’re also not connected to William Barr. They’re vicious litigators and they’re motivated not by science. “Some 27 US members attended [sic] this year’s meeting,” [sic] it said, “representing [sic] IP [sic] law associations and IP [sic] sections of state bar associations from across the country.” (US, not Europe)

Here comes ‘Steve’ (Stephen)…

“In his opening remarks,” it says, “EPO Vice-President Steve Rowan welcomed the US participants, highlighting that the annual meeting is an excellent opportunity to receive direct feedback from our US users in order to better understand their needs. He also outlined recent measures put in place at the Office to support applicants during the pandemic.”

So they have an actual dialogue with people who are neither European nor scientists. They don’t actually create things, except perhaps feuds, threatening letters which keep people awake all night, and of course lawsuits.

So this is who or what the EPO nowadays represents.

Merkel and TrumpAs usual, EPO non-scientists entrained the same old buzzwords, the obligatory “HEY HI” (AI) nonsense included. Further down it reads: “A lively exchange on Artificial Intelligence took place, with US members presenting a recent report published by the USPTO, Public Views on Artificial Intelligence and Intellectual Property Policy, and the Office addressing the issues from a European perspective, also drawing attention to the EPO’s upcoming digital conference The role of patents in an AI driven world, which will take place on 17/18 December 2020.”

The EPO says “HEY HI” to parasites and bullies while giving the finger to its very own staff. They couldn’t even bother showing up for a so-called ‘meeting’ (webchat from home) with the staff representatives, as we noted a couple of days ago.

This is what a coup looks like. The EPO works not for Europe and not for science. It’s eager to have amicable dialogues not with staff but with a bunch of American law firms.


President-elect Joe Biden (or Vice President at the Time): Journalists Are Like Terrorists Who ‘Conspire’ If/When They Expose US War Crimes and Government Corruption

Posted in America at 2:22 am by Dr. Roy Schestowitz

Video from one decade ago

Summary: “I’d argue that it’s closer to being a high-tech terrorist than the Pentagon Papers,” explained Joe Biden on NBC (Meet the Press)


It Takes Two Boots, the (Fake) Left and the (Extreme) Right

Posted in America, Deception at 9:13 pm by Dr. Roy Schestowitz

2008 about President-Elect Obama: Microsoft Executives Go Personal, Pay Obama Instead of Their Lobbyists

It's over: Left-leaning corporate party, Right-leaning corporate party, American public (unlike corporations)

Summary: The 'corporate party' politics will carry on for another 4 years; we’ll soon be able to say more (when it’s seen as “safer”, i.e. when Biden and Harris formally secure this election’s outcome)

THE gap between Biden and Trump continues to grow (“popular vote” margin now at over 4.1 million). Trump’s response is just his last gasp/struggle for air (see Trump Loses Lawsuit to Toss Out 53 Absentee Ballots in Georgia and Trump’s PA Strategy Is to Use the Courts to Toss Votes Out. It’s Not Working.). Coronavirus did not kill him, but his campaign is mostly dead and it seems increasingly safe to assert that Biden won this election. We’re still watching these things closely and the growing consensus is that Trump is “fucked” and he might soon be “in the docket” for raping (or “fucking” loads of women against their will). The “F” word comes from Trump himself. He is a vulgar narcissist, whose name we’ll hopefully not mention much in years to come.

“When it comes to matters like censorship, patents, copyrights and other monopolies Biden isn’t much better than Trump.”At this point the Trumps are just fabricating things, leading to humourous responses such as this:

Trump Pennsylvania

It seems increasingly safe to say that the election is “over”; it’s very hard to see or foresee a turnaround, no matter what Trump may try next (our Daily Links include condemnations from all around the world, leading to mounting political pressure for Trump to just officially concede).

A sleeping puppyTrump was no “puppy” (calling him a puppy would be a lot like the Linux Foundation‘s chief comparing Microsoft to “a puppy”) and the damage he has done in 4 years is profound. Biden will undo only some of that damage. Just some. Because on a lot of issues the two parties are in complete agreement (even when in public they pretend otherwise).

When it comes to matters like censorship, patents, copyrights and other monopolies Biden isn’t much better than Trump. Compassion and empathy, however, matter more to a lot of people. Bringing the country together is a hard task; it might not be possible to accomplish even in 4 years, let alone 8. Our position on this election is, it was reduced to “lesser evils” (as usual) and we’ll soon — perhaps as soon as it is officially over — start talking about the issues Biden and Harris ought to address (if they’re attentive at all and subservient to their constituents, rather than just “not Trump”).


The EPO’s Love Affair With Authoritarian Regimes Accompanies Europe’s Embrace of Lawless, Unconstitutional Patent Regimes

Posted in America, Asia, Europe, Law, Patents at 12:42 pm by Dr. Roy Schestowitz

Here's your quota, EPC first, screw your quota!

Summary: The EPO has chosen autocracy and aggression over science and excellence; this never ends well, but some people can become exceedingly rich in the process (destruction)

THE media isn’t talking about it; but that doesn’t mean it isn’t happening.

Judging by the comments here and here, there’s ongoing resentment against the EPO regime of Benoît Battistelli and his friend António Campinos.

“In the name of “innovation” they bring autocracy and corruption, in effect robbing Europeans.”The latter concerns the attack on science itself when it says: “One way to resist is to flag up the work of Harvard Professor Naomi Oreskes (link below) and her current book “Why Trust Science”, to anybody willing to listen. Impressive, in the book, is how she solicits views from other academics and then replies to them. Judge for yourself how convincingly she sees off her academic rivals.”

Signs and flagsFor me, personally, this attack on science is reminiscent of the lobby to deny climate science, deny the seriousness of COVID (here in the UK we now have ~11,000 people critically ill as we head for another nationwide lock-down), and vote for a fascist who doesn’t accept the concept of an election (except when he tries to seize power in the first place). If we in Europe come to accept those type of people, then we’re doomed to suffer. In the name of “innovation” they bring autocracy and corruption, in effect robbing Europeans.

The EPO mentioned a “virtual meeting” this morning, alluding to a webchat from yesterday (warning: epo.org link) when stating: “The Memorandum of Understanding (MoU) was signed by EPO President António Campinos and Colombia’s Superintendent of Industry and Commerce Andrés Barreto during a virtual meeting yesterday. [...] Under the MoU, over the next five years the Superintendence will be able to make use of the EPO’s work products, tools and practices when granting national patents. The agreement aims to strengthen our co-operation in the provision of efficient, high-quality patent procedures and in support to local innovators, whilst improving market access for European companies who wish to protect their inventions in Colombia.”

Don’t even think Colombia has enough European Patents to justify such a “virtual meeting”; in the case of Cambodia that number is a flat zero (for years). Colombia is an easy ally for such a ‘meeting’ because there’s more for Colombia to gain from the association.

The EPO recently did a couple of similar parades with China. Is this what Europe strives to? China and Colombia? What a FARC.


2020: The Year the Patent System Converged With Naked Fascism

Posted in America, Deception, Europe, Patents at 9:52 pm by Dr. Roy Schestowitz

Innovation or pure corruption? Science abandoned in favour of rich class warriors.


Summary: The worldwide system of patents, administered in part by WIPO (fronting for the super-rich), is losing the argument and instead — nowadays more than ever before — it is resorting to authoritarianism (the kids’ gloves are off)

THE EPO hasn’t been mentioned here quite so much lately (not as recently as weeks ago). That’s because little is known to us. One thing that António Campinos (equipped with COVID-19) has done is increased silencing of staff. They cannot publicly organise — something that Benoît Battistelli could only pray for!

Perceived Calm (COVID-19 Effect) is Not Peace

The little that’s known to us (and is also new) isn’t particularly interesting. We’ve had some of it included already in our Daily Links (while we lacked time to comment in detail/full). We’ll comment on it succinctly below, to the best of our understanding (bear in mind very little is being said in the press about the EPO since the pandemic overwhelmed newsrooms).

“The problem with the EPO stuff not being covered much by the mainstream media is simply that it’s too abstract and obscure for their purposes,” one reader told us some hours ago, “and most journalists get to spend very little time on a story, just like EPO and USPTO and other patent examiners get to spend very little time on a patent application.”

Cooperative Patent Classification (CPC) and the Language Barrier That Patent Maximalists Just ‘Wish Away’

Let’s start with the latest nonsense from the EPO’s “news” section (published just before the weekend). It said this: (warning: epo.org link)

EPO President António Campinos held his first meeting [sic] with Kim Yong Rae, the new Commissioner of the Korean Intellectual Property Office, on Friday, 30 October 2020.

During their video conference [sic], the two heads of office reaffirmed their commitment to working together on Cooperative Patent Classification (CPC) by signing a new Memorandum of Understanding covering this activity. Mr Campinos emphasised that the EPO will continue to support KIPO in increasing its expertise in CPC classification – a tool aimed at improving public access to technical information contained in patent documents which is now being actively used by 29 offices worldwide to classify their patent publications. The refined classification scheme of the CPC enables patent examiners to categorise patent documents in a more granular manner irrespective of the language in which the document is written. This subsequently allows the examiners or patent information users to retrieve documents more efficiently and effectively during searches, which contributes to the quality of the patent system.

Notice how once again the EPO is mischaracterising webchats as “meetings” (they use words like “met” to mean “talked over a laptop” — a typical lingo for the veneer of “professionalism”).

So much for “conference” too. They mean webchat with multiple people on the screen…

Having written about patents for nearly two decades, I know a thing or two about the political/corporate aspect of these things. They’re hardly about innovation… not to the extent they’re about protectionism (ensuring the rich get richer over time, rarely having to actually compete).

The above (CPC) is WIPO agenda for taking monopolies global (for globalists/monopolists). Examiners are rarely assessing prior art in other languages, from other countries… so they grant regardless. It’s a well known problem and the unspeakable taboo in patent offices that rush to rubber-stamp monopolies with few questions asked and little qualm, offloading the financial burden onto innocent parties wrongly accused of infringement. Only the very rich corporations have their own legal departments and teams of lawyers. Those alone can be enough to dissuade/discourage a patent troll.

The Rich Getting Richer, Secured by Universal Patent Monopolies

It’s hardly absurd to suggest that the EPO is “in it” not for the small inventor but for large corporations, most of which aren’t even European. Just look at the pie chart of which types of corporations take the lion’s share of European Patents and where those corporations are from.

Courtesy of Prometheus – Critical Studies In Innovation 51-68 (as noted before):

applicant's firm size 2014

National origins of EPO patents 2014

Trump and IancuIn that regard, the US is similar to Europe. It hardly shocked us that hours ago, as per Patently-O, the USPTO’s Director was publicly endorsing Donald Trump (link omitted, but it’s unambiguous) on behalf of the U.S. Patent and Trademark Office (USPTO). Trump can’t even properly speak the only language he knows — and likely not due to his age… and yet examiners are expected to understand patents composed in many dozens of different languages?

“What has the patent world sunk to?”This ‘Orbanistic’ act of Andrei Iancu, indebted to Trump for his controversial appointment (his firm had worked for Trump beforehand), reinforces our view that he’s “American Battistelli” (another Republican). Since his appointment he has been flagrantly ignoring/bypassing Alice/35 U.S.C. § 101 (SCOTUS, prior to stacking by Trump) and crushing the Patent Trial and Appeal Board (PTAB). In his latest ridiculous tweet he’s citing some lobbying/think tank ‘prank’ as evidence of US ‘leadership’ in ‘IP’, then attributing this prank ‘ranking’ to Trump.

Make Patents Great AgainWhat has the patent world sunk to?

Seriously, take a moment to think about it… are fascistic criminals now role models for the patent microcosm? The recent letter regarding Iancu (from so-called ‘patent owners’) is yet more of that ‘cowboy’ nonsense… and it was promoted by rather extremist sites — those that promote software patents in Europe on behalf of patent trolls from the United States.

Unified Patent Court (UPC) Kills

It gets yet worse when once considers their UPC lobbying. As Benjamin Henrion noted yesterday: “Unitary Patent will even ban compulsory licenses for COVID?”

“No compulsory licensing for COVID under UPC,” he told me privately, calling it a “bomb”…

So people need to die by the millions for the patent regime? Sounds like the sort of lunacy promoted by the Trump regime in the name of “the economy!”

When shoes attackHere in Europe we have EU officials in the European Commission who are willing to consciously violate many constitutions to shove the UPC/A down everyone’s throats. Thierry Breton and the Battistelli connections tell us all we need to know; Battistelli is in CEIPI now, pushing UPC coursework and such. Having put a famous politician in his chair at Atos, Breton copied what Battistelli did with Campinos in CEIPI. There’s clearly no separation between the patent system and politics. Instead of being a scientific system it became all finance and politics.

Unaccountable European Patent Office, Patent Rubber-stamping Machine

As per the latest press releases, the EPO has granted fake patents (now withdrawn) for so-called ‘Big Pharma’ and it continues to do exactly that in defiance of prior orders from the EU. Has the EU been hijacked by Battistelli associates? While granting patents on literal trash the EU seems unwilling and unable to put an end to it. It’s like the litigation industry has invaded every corner of the system and is now cheering for the likes of Trump. Because who cares about the “collateral damage” when one can make money suing people for ‘sport’?


For Better ‘Tech Rights’ in the United States (and the World at Large) the ‘Orange Man’ Needs to Go

Posted in America at 9:32 pm by Dr. Roy Schestowitz

Not that Mr. Biden is good, but he’s clearly the “lesser evil” when it comes to “tech policy”

SF City Hall at night on Election Day 2018
SF City Hall at night on Election Day 2018, CC BY-SA 4.0 by Mrbeastmodeallday

Summary: With less than a fortnight before election day we explain our stance from a purely tech-related rationale

THE election day in the United States (US) is fast approaching. We never endorse politicians in any country. Most politicians are professional liars and in the US they notoriously run for their “campaign contributors”, who clearly look for something in return. This form of ‘legalised’ bribery isn’t unique to the US, but maybe it is most grotesque there (relative to other Western countries).

I am the MafiaVoting is an opportunity for the public to have a say about how this public is being governed. In a two-party system, where both parties are funded by overlapping interests that favour war/imperialism and ignore the destruction of this planet (the only planet we have and will ever deem inhabitable for human life), the public is limited to “saying” little of significance.

This election cycle is a bit different however. As far as Techrights is concerned, we’ve seen major regressions in the way patent reform was handled and even thwarted.

I work for MAFIAAHours ago we learned that Mr. Iancu, the mole (a Donald Trump associate) at the USPTO, is looking to crush patent quality by looking for more excuses to weaken Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), in defiance of what high courts (Federal Circuit and SCOTUS) have repeatedly ruled. This isn’t the exception from this regime. It’s just more of the same. The past 4 years have been a rollercoaster of crimes, corruption, nepotism, and cover-up. Those who choose to vote for the “lesser evil” next month are basically giving a big middle finger (and a loud “FUCK YOU!”) to all that.

We’re not telling people how to vote. But we merely convey the simple fact that this regime — as far as technology and patents go — is on our very opposite side. US citizens cannot end plutocracy, but if once in 4 years they can make a little difference, then why the heck not?


United States v IBM Archives/Resources

Posted in America, Antitrust, Courtroom, IBM at 8:23 am by Dr. Roy Schestowitz

Better days

Summary: As the massive case against IBM monopoly (United States v IBM; 104,400 pages of trial transcripts and 17,000 exhibits) predates the World Wide Web it’s difficult to find comprehensive literature about it any longer (Wikipedia and more modern sites are instruments of revisionism and reputation laundering)

WE recently used Wikileaks to access national archives about IBM, seeing that libraries are perishing and online libraries are often blocked by paywalls. Even more recent articles on this subject have been locked away from the public [1, 2, 3], so the younger generations are unlikely to learn much about what happened and why.

Back in the 1980s there were several widely-cited journal papers about it. Here’s one:

Thomas on IBM

Another one (much more recent):

2000 paper about IBM

This one we were able to get in PDF form with OCR:

Ibm antitrust

It’s possible that we’ll examine those more closely; very little is known to today’s younger people and the P.R. industry is happy to exploit that. IBM is still trying to control the news.

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