Bonum Certa Men Certa

Dan Ravicher Suggests Organising for Chance of a US Patent Overhaul

Summary: The SFLC's analysis of In Re Bilski does not neglect to make suggestions for those who pursue abolishment of software patents in the United States

BILSKI'S patent did not bring about any major change, but it did get thrown out. The SFLS[how] spoke [Ogg] to Dan Ravicher, the legal director at SFLC. Having looked at the full SCOTUS text and drawn some conclusions, he states that the current administration is of no use when it comes to abolishing software patents because it's already in the pocket of the pro-patent interests [1, 2].

“[W]hat we really have to start do, if people are outraged by this, they need to start acting that way and refuse to transact business...”
      --Dan Ravicher,
Instead, suggests Ravicher (around minute 42 from the start), "what we really have to start do, if people are outraged by this, they need to start acting that way and refuse to transact business and encourage people to collect their voices together in unison and we actually need to make this a policy issue that we care about." Here is the audiocast/oggcast as HTML5 embedment:





Rather than talk about the defeat of Bilski, Florian Müller 'injected' his opinion (e.g. [1, 2]) that it's only a loss to opposers of software patents, despite the fact that there are good sides to the ruling. As the Washington Post put it, "Supreme Court 'Bilski' ruling doesn't rule out software, business-method patents," but this does not mean that these are validated. In fact, based on Ravicher's interpretation, Scalia still distances himself from the patenting of software (as he did when he addressed Microsoft lawyers some years ago).

Speaking of judges like Scalia, David Boies is going to battle against Microsoft yet again, this time over the issue of software patents:

Get 'em, Boies: Salesforce countersues Microsoft



Salesforce.com CEO Marc Benioff says Microsoft is a patent troll. Looks like it takes one to know one. On Thursday, the company answered Microsoft's charges of patent infringement with patent-infringement charges of its own.


For context, also see:



Here is what a Windows news section said about the Bilski ruling (bias expected):

Upholding an appeals court ruling in the closely watched Bilski v. Kappos case, the U.S. Supreme Court denied patent protection to a specific business method for energy trading. But the Supreme Court chose not to clarify the lines that define patentable subject matter.

The disallowed patent claim describes a series of steps for hedging against the risk of price changes in the energy commodities market. It was rejected by a patent examiner because it was an abstract formula not implemented on a specific device.


The "device" loophole/trick is being used by Microsoft in other parts of the world, including Europe. Someone really ought to resolve this ambiguity (the Supreme Court even contains two ambiguities in one statement about software, regarding the future of what qualifies as "invention").

The US patent system is out of control. Choudhury’s yoga patents are a great new example of this. From this week's news:

American attempt to patent yoga, puts Indians on their toes. Last week, Open Source Yoga Unity, a San Francisco-based non-profit group of yoga enthusiasts, filed a federal lawsuit attacking Choudhury’s patent on 26 yoga postures.At the center of the suit is the question. ‘‘Whose yoga is it anyway? ” The saying, “What’s in the past, should stay in the past” – doesn’t work here.


Here is Ravicher commenting on gene patents -- another class of outrageous monopolies. How far will patents go when lawyers are put in charge to maximise their own profit?

4.7M





Recent Techrights' Posts

Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
 
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026
Open Web Destroyed by Centibillionaires, Says Anil Dash of Blogging Fame
Blogging was going through its 'prime years' about 20 years ago
"Linux" Slop Going Away, Microsoft et al Pay 'Linux' Foundation to Promote Slop
It's a timely reminder that the Linux Foundation exists to promote whoever pays the Linux Foundation, even pedophiles and companies that attack the GPL
Links 28/03/2026: Microsoft's LinkedIn a National Security Risk, Microsoft's Slop "Ambitions Face Investor Scrutiny Amid Soaring Costs"
Links for the day
Gemini Links 28/03/2026: "Finding My Base Tone", "Astrobotany", and BugoutBack/OFFLFIRSOCH
Links for the day
Links 28/03/2026: More Worldwide Bans on Social Control Media (Harms to Adolescents), Protests in US Against Dictatorship
Links for the day
SLAPP Censorship - Part 26 Out of 200: Asking for Documents and Information You Already Have, Even Letters and E-mails That You Yourself Sent!
barristers are expensive
Gemini Links 28/03/2026: Echo Delay and 0x0.st
Links for the day
Rumours of More IBM Mass Layoffs at Beginning of April
IBM is not doing well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 27, 2026
IRC logs for Friday, March 27, 2026