Bonum Certa Men Certa

Why In Re Bilski Could Wipe Microsoft off the Map

John Paul Stevens, SCOTUS photo - portrait
John Paul Stevens, SCOTUS



Summary: Without software patents, Microsoft would be left toothless and clawless, not just clueless

IT HAS been a while since we last saw an update regarding the Bilski case. Justice Stevens is not around anymore, which is not good news because he was hostile towards software patents in the US. The USPTO meanwhile brags about a rise in 'business' (number of patents), probably refusing to acknowledge that it's not an indication of success, it's not supposed to be a 'meat market' for monopolies. If a university, for example, was to hand out degrees to anyone who requests that, it would devalue those degrees in the same way that patents are no longer a sign of invention. Many patents overlap other patents and disregard prior art. It is a mess. Now, Microsoft may brag that it has over 10,000 patents, but 85% of its patent applications are software patents. Assuming the present is representative of past filings, Microsoft would be left with just ~1,500 (none involving software) if or when In Re Bilski puts software patents right where they belong -- the wastebasket.



So, where is Bilski at right now? According to Legal Times, the sessions may resume next week.

The Supreme Court handed down two relatively low-profile decisions this morning, leaving to another day some of the most-awaited cases of the term like Bilski v. Kappos, the business-methods patent-eligibility case that was argued last Nov. 9. The Court won't be in session again until May 17.


Pogson writes about "problems in Re Bilski for SCOTUS":

The “amicus” briefs were piled high with supporters of software patents. They were all trying to dodge the issue one way or another. Even Bilski and the opposition both skirted the issue as best they could. The patent office does not want business methods patents but does want software patents (It has issued thousands.). One argument was that adding software to a computer made the computer a specific machine even if it did not transform anything more than bits of information. Has “abstract” lost its meaning with people? Information, itself, is an abstraction, the idea that we can have an idea about ideas…


Meanwhile we find Bob Warfield explaining "the problem with software patents" and concluding as follows:

When we give broad protection like patents to software (or potentially music and books), we wall off via monopoly very large amounts of IP territory. This includes territory that the innovator never needed or perhaps intended to protect. Territory that doesn’t matter in the least to extracting the value of the invention as it was originally conceived. Such accidental monopolies are not good for innovation and are just legal lottery tickets equivalent to ambulance chasing. This kind of protection should be eliminated as there is little evidence software patents are stimulating any kind of innovation whatsoever and lots of evidence it hinders innovation.


"[T]here is little evidence software patents are stimulating any kind of innovation whatsoever and lots of evidence it hinders innovation," argues Warfield while the FFII points to Mark Webbink's Web site (he has worked for Red Hat and others) which contains many references on the subject. Webbink explains:

For the first two decades that computers and software were being developed one could not obtain a patent on software. That began to change with a series of court cases in the 1980's. Among others, I do not consider those court decisions to have helped the software industry. Rather they have only served to slow down innovation. On this page I provide some of the content that has brought me to the conclusion that software patents are problematic.


Is there any compelling argument for software patents? (other than giving lawyers/trolls more business)

"Software patents have been nothing but trouble for innovation. We the software engineers know this, yet we actually have full-blown posters in our break-room showcasing the individual engineers who came up with something we were able to push through the USPTO. Individually, we pretty much all consider the software-patent showcase poster to be a colossal joke." —Kelledin, PLI: State Street Overruled... PERIOD



Comments

Recent Techrights' Posts

Julian Assange on Fake Activists in Silicon Valley
Julian Assange on Fake Activists in Silicon Valley
EPO People Power - Part VI - Criticism Not Permitted, Media Subjected to Contempt by Cocaine Addicts Who Manage the Press for the EPO
Why won't any large publisher in Europe cover this? What does that say about the state of journalism in Europe?
"Smart" or "Intelligent" Agents and "Vibe Coding" Deletes Everything You Have
A high price to pay, no?
 
Life Began at 40
This is what I wanted to do all along
To Linus Torvalds, the Microsoft Linux Foundation is Increasingly a Liability and Risk to the Brand
If Torvalds is no longer in control or "in charge", then somebody else is
EPO People Power - Part X - Together, We Can Fix the EPO
every call for action matters
IBM Layoffs in Europe as Well
IBM is a collapsing, dying old brand
EPO People Power - Part IX - Insiders Say the EPO's Chief Propagandist Effectively Ousted (on Fake 'Sick Leave') Because of Reporting by Techrights
So the EPO is in effect rewarding a cocaine addict
Litigation Transparency Until 2030 or 2031
The ultimate goal is to 1) improve the British legal system and 2) raise awareness of how this system works
Links 12/12/2025: Thunderbird Adds Proprietary Plug, "Catch-22 of Canadian Digital Sovereignty" Explained by Michael Geist (About GAFAM/US)
Links for the day
Developing Some New Software for the Sites
Sites that are static are in more control over their future and present direction
"In a modern economy it is impossible to seal oneself off from injustice."
― Julian Assange
EPO People Power - Part VIII - The Chipmunk on Cocaine, Now Deleting Videos
video has been removed
What If the Economy Isn't "Down" But Mostly Diverted? (While "AI" Fills a Gap for Capital That No Longer Exists in Tech)
"AI" is an "Arms Race", because they need to be bailed out by taxpayers' money
Techrights Site Search Was a Success After All
A few hiccups dealt with, ironed out
Valve's SteamOS, Microsoft Canonical's Ubuntu, and Other Platforms That Only Leverage Free Software (But Won't Protect It)
Ubuntu "took off" not because it was very good or very easy. Ubuntu "took off" because of ShipIt, i.e. because of a multi-millionaire subsidising its mass distribution (at a personal cost).
The Free Software Foundation (FSF) Paid Respect to Its Founder This Year, Now It Wants You to Join
We're glad to see the FSF paying respect to its founder in its Web site
2026 Guaranteed to Give Us Compromised Media Funded by "AI" Boosters to Promote "AI" and Sometimes be Composed by "AI" (Chatbots)
follow the money of the Ponzi scheme
Under IBM, Things Culminate at "AI-Equipped Customer Experience Transformation" at Red Hat
Whatever that even means
Andy Farnell and Helen Plews Now at the Wheel in Cybershow
Cybershow (Cyber|Show) has very good blog posts and episodes
Microsoft Trims More Jobs
The worst layoff year in 20 years, by the numbers
EPO People Power - Part VII - The Corporate Media and the Reference Sites (e.g. Wikipedia) Are Already Compromised and Complicit
Looking back at the whole thing, it's clear to me that Europe does not really have free press
New Paper Shows That EPO "Growth" is Dictated From Above, Not Earned (More Monopolies Granted by Breaking Rules, Laws, Conventions)
"Targets for 2026 are currently being handed down to individuals."
EPO People Power - Part V - The European Media is Practically Dead When It Comes to Covering European Patent Office (EPO) Corruption
That sort of sums up where European media/press stands
Datacentre and Server Maintenance Next Week
The last time we rebooted into the latest stable kernel was 96 days ago
Afraid of Words, Not Afraid of Actions
Those corporations want us to bicker over words, not their actions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 11, 2025
IRC logs for Thursday, December 11, 2025
IBM Workers Still Blast IBM Management for Firing Loads of Workers While Overpaying to Buy Useless Companies
IBM's CEO is killing the cow
LLM Slop About Linux Still Seems Scarce
LLMs aren't dead, but metrics published online say that their usage is fast declining
Links 12/12/2025: Oracle Shares Collapse After Slop Bubble Inflated (Circular Funding/Financing One's Own 'Clients'), "Trials by Jury" in UK Considered
Links for the day
Gemini Links 12/12/2025: 'Kinetic Energy' and Browsing Geminispace With a GUI, TUI, or CLI Client
Links for the day
Links 11/12/2025: Escalations Around Japan, Software Patents Found Invalid
Links for the day
Killing the IBM Cash Cow, Raising Massive Debt Instead
In a healthy company, the CEO and CFO would get sacked on the spot for doing so. But IBM is not a healthy company, it's just a sick cow being milked to death.
Links 11/12/2025: Dangerous Flukes by Slop and Bottled Water as 'Placebos'
Links for the day
Gemini Links 11/12/2025: Repairs, Wisdom of the Crowds, and AC Explorations
Links for the day
Those of Us Who Grew Up Playing Doom Must Remember What Microsoft Did to Its Creator
Doomed by Microsoft
We Need Your EPO Insider Stories
To date, the EPO and any other company/institution hasn't managed to remove even a single public page that we published
Yes, IBM is Also Laying Off Indians (Even in India)
that goes against the popular/hot narrative of "jobs moving to India"
At The Register MS, Fake 'Articles' Sponsored by WIntel (Windows+Intel)
We've meanwhile noticed that there's new sponsored spam in at The Register MS and it might be slop
Microsoft-Sponsored Wikipedia Spam About "AI", Added by Microsoft Operatives
When it comes to Wikipedia, follow the money (sponsors)
Keep on Pushing, EPO Management is in a State of Panic This Week
Contact your representatives today
In Addition to National Delegates, Contact the French or Portuguese Governments (Politicians) Regarding António Campinos
Someone needs to step into the EPO and open up all the closets
EPO People Power - Part IV - Sexism, Chauvinism, and Lines of Cocaine at Europe's Second-Largest Institution
Recently, one reader told us about Berenguer, who made the "mistake" of using cocaine in the open market
If You Want Freedom, Follow Richard M. Stallman (RMS)
To be clear, I like Linux, I like its founder
EPO People Power - Part III - Challenging Corruption
The media - as in the national press - isn't interested in writing about it
The Flawed Notion of Criticising for Criticism's Sake
People who are highly critical of things are not "toxic"
A Lot More Than Techrights
you probably also want to follow the RSS feed of the sister site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 10, 2025
IRC logs for Wednesday, December 10, 2025
The Web Has Become Extremely Rude
If you cannot behave, go offline
Slopfarms Parrot Any Number That GAFAM Throws at Them, Even Totally Fictional Figures That Merit Fact-Checking
fake from Microsoft
Microsoft Lunduke Tailors His 'Content' for 4Chan
The latest from Lunduke "Journal"
Richard Stallman Was Also Right About Microsoft GitHub (It's Becoming a Botfarm)
trashing the platform
Democracy and Buzzwords
and hype
Five Years in Gemini Protocol
One might say we escaped to Geminispace 2 years before the deluge of slop on the Web
Keeping Up the Pressure on EPO Management
We want to thank our European readers who contacted their representatives
Like Clickfraud Spamnil (Swapnil Bhartiya) But for Hate Mongering: What Twitter Has Become
If you still waste time in Social Control Media, consider changing course
For New PCs and for Old (or Retro) PCs the Increased Cost of System Memory Benefits GNU/Linux and BSDs
GNU/Linux does not have this problem or barely has this problem
Gemini Links 10/12/2025: "Thousand Mile Journey" and The Art Of Chilling
Links for the day
Moving Away From Content Management Systems (CMSs) and Flocking to Static Site Generators (SSGs)
The SSG 'hype' is not based on marketing but a simple reality
IBM is Laying Off Workers in India (While Spending a Fortune Buying a Company for Buzzwords, a Box-Ticking Exercise)
So what is the overall strategy?
EPO People Power - Part II - Talking About Corruption
European media must "grow a pair" and start writing about EPO corruption
Just a Little Slop About "Linux"
Slop about Linux isn't that common anymore
Links 10/12/2025: McDonald’s Latest Slop Gaffe (After Dumping IBM's Slop) and "Scam Altman’s Panic Sweats"
Links for the day
Circular Funding
Passing around capital that does not exist (for PR's sake, but there are ramifications)
Links 10/12/2025: Ransomware (Windows TCO) Has Crippled Economies, Slop (Fake) "Videos Have Flooded Social (Control) Media"
Links for the day
Y Combinator (YC) Funds Scams, Run by Scammers
Including Scam Altman
EPO People Power - Part I - Identifying Corruption
The EPO, at this stage, is a boat full of holes
IBM Has Become a "Plantation"
IBM is basically being destroyed for some cash at this point
It's Not Too Late to Send an E-mail to Your European Representative Regarding European Patent Office Abuses
If you live in Europe and have not done so already, please contact your national delegates, whose job is (at least on paper) to represent you
Almost a Thousand EPO Workers Have Voted for Industrial Action
Mandate given to SUEPO for action plan to stop the salary erosion of EPO staff
Why So Many Software Projects Are Quitting Microsoft and GitHub
Be more like LibreWolf. Move away from Microsoft and GitHub.
Many of the Attacks on Us Apparently Boil Down to Jealousy
Envy is a negative trait that leads people to self harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 09, 2025
IRC logs for Tuesday, December 09, 2025
Valuing One's Work by the Effort or Budget Taken to Undermine It
As long as what we publish is factual, nothing prevents its publication
IBM Says It Buys Another Company for "AI", So Why Does IBM Fire Its Own "AI" Experts?
As people rightly point out, this has nothing to do with "AI"
The Boundaries of Criticism
The harder the EPO will push back, the better the job we must have done
New EPO Series: Mafia Culture, Mobbing, Nepotism, and Illegal Drugs
The series shall start later today
Richard Stallman Was Right About "AI"
"Considering Stallman worked in the MIT AI lab in the era of symbolic AI, and has written GCC (an optimizing compiler is a kind of symbolic reasoner imo), I think he has a deeper understanding of the question than most famous people in tech."
With 3 Weeks Left (Sans Extensions) the Free Software Foundation (FSF) Has Already Raised About Half of the Money Set as Fund-Raising Goal
“Idiots can be defeated but they never admit it.” — Richard Stallman
Gemini Links 10/12/2025: Cranberry Juice and Gramophones
Links for the day