Bonum Certa Men Certa

The Parallel Universe of Patent Lawyers

Legal failure

O. J. Simpson



Summary: A look at several new items of interest and what they can teach us

TECHRIGHTS does not expect to be read by many patent lawyers. It would seem too insulting to them, not because of strong language but because patent lawyers have a different reality in their minds -- one where they are necessary and even guardians of innovation.



We always see patent lawyers pretending to be part of the industry rather than parasites to those who drive the industry (the producing industry, not meta-industries). To monopolists, those patent lawyers do serve an important role. They are a guardian against competition. Their role is to narrow down the industry, removing choice, increasing fear, and contributing mostly to stress and waste of time. The assumption that if something is profitable then it must be good to society is very misguided. Almost equally misguided is the supposition that rich people always know better than the rest and that ruthlessness plays no part in one's wealth (this aspect of the problem was explored in the previous post). In fact, the legal occupation is more about who argues better and has deeper pockets for better arguers/manipulators/dirt diggers; it's not really about justice (case of point: O. J. Simpson). It's biased towards money and in favour of one who already exploits others. So getting to the point though, the software industry does not need patent lawyers. Developers already have copyrights by default and disputes over copyrights are easier to resolve (even out of court) because the matter is not so blurry.

"The assumption that if something is profitable then it must be good to society is very misguided."There is this one blog/magazine which is very shameless about its boosting of software patents. It's called IAM and we pointed out its weaknesses in prior years. Here it is right now cheering the patent extortion business which works well for patent troll Acacia. And according to this patent maximalists' blog, we should also belittle Bessen's research [1, 2, 3] because, according to its stance, there are flaws. To quote: "On the Gametime IP blog Patrick Anderson takes Bessen, Ford and Meurer to task over their working paper, entitled The Private and Social Costs of Patent Trolls. Sadly, however, although Anderson does a very effective job, out there in the real world nobody is listening. Reports on the CNN Money, Washington Post, Business Insider and Ars Technica websites, among others, all report the findings uncritically. Now I think Anderson’s blog is among the best there is on patents, but how many people read it in comparison to those sites that I have mentioned? The fact is that, whether you like it or not, this paper is going to be very influential - just as Patent Failure, written by Bessen and Meurer in 2008 continues to be cited approvingly in countless reports and policy papers to this day; even though it too is deeply flawed."

How are these "deeply flawed"? No details given, bot even a link/reference.

According to another patent lawyers' blog, this one from Axel H. Horns, software patents are no longer up for debate in Europe. The German Pirate Party (sponsored in part by patents-loving company) is once again cited for support. Quoting the post:

After that the debate on software patents died down. A conference organised by the European Patent Office and held in Brussels on July 05, 2007, under the title “Computer-implemented inventions: where do we stand in the debate on ‘software patents’?” made perfectly clear that nowhere any intentions were living to re-start the legislative process to have a sectoral Directive on patentability of CIIs.


What the EPO has been doing in recent years is rather shameful. Its head left not too long ago, after she had opened a door to interpreting software patents as valid in Europe. Then again, the EPO is once of those establishments biased to serve patent supporters and be run by them, too.

Mike Masnick et al. are meanwhile "Petitioning The[ir] Government Against Software Patents," according to this blog post which comes 2 weeks after the laughable 'reform':

Apparently I had missed that the White House set up a platform for people to petition it directly. A few folks have sent over a petition that was set up asking the administration to reject software patents, noting that they are hindering the software industry, one of the few "strong" industries in the US. The specific petition asks the government to stop issuing software patents... and to void all existing software patents.


Given the declining quality of patents, the USPTO should clearly address scope and not the nonsense about "first to file". Getting rid of software patents would be a good start.

Recent Techrights' Posts

LLM Slop as Attack Vector on the Reputation of Linux
The attacks on Linux have escalated to information warfare
Confirmed in the Mainstream Media: A Lot of Microsoft "Workloads" Were Just LLM Slop (Helping to Fake Growth for Years, as Microsoft Had Paid "Open" "AI" to Become a "Client") and Demand is Rapidly Waning, Datacentres Canceled and/or Shut Down
Anything to facilitate further accounting fraud
Taiwan's Media Covers Closure of Microsoft's "AI" Lab, It's Time to Talk About the Gradual Death of Windows and Implosion of the "AI" Bubble
Earlier this week we showed that mostly Asian media had the 'nerve' to mention Microsoft silently shutting down its 'AI' lab
 
Links 04/04/2025: Tech Stock (Inc. GAFAM) Fall, Google Pretends to Do End-to-End Encrypted Emails (With Google in Control)
Links for the day
IBM Said to be Shutting Down Offices or Sites in the United States
the press can no longer avoid admitting that IBM moves many jobs to India
To Participate in Fedora Diversity You Must Use Proprietary Software
Not for the first time either
Yandex About to Be Three Times Bigger Than Microsoft (Bing) in Asia
That's about 60% of the world's population
Gemini Links 04/04/2025: Decoupling Updates, Elaho as Gemini Client
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 03, 2025
IRC logs for Thursday, April 03, 2025
Microsoft's Trouble in Africa and Asia
A new all-time high for GNU/Linux
Brett Wilson LLP Reported to the Solicitors Regulation Authority (SRA)
The saddest thing in all this is that law firms can maintain high standards shall they wish to
Links 03/04/2025: Tariff Pains and C.D.C. Cuts
Links for the day
StatCounter: Microsoft is Masking a Disaster, It's Way Behind DeepSeek Already and Interest in LLMs Has Waned
it turns out the money "raised" for "Open" "AI" may not even exist at all
Links 03/04/2025: SoftBank Money for Microsoft "Open" "AI" Probably Doesn't Even Exist, Wikimedia Foundation Blasts LLM Nuisance While Microsoft Admits Demand Has Shrunk
Links for the day
Gemini Links 03/04/2025: Patch Panel and Pictures
Links for the day
Islamic Republic of Iran: GNU/Linux at All-time High This Month, Windows Falls to 12%
Vista 10 is up this month despite being "end of life" (EoL) soon
Indonesia: All-Time Highs for GNU/Linux
What's noteworthy right now is the growth of GNU/Linux
statCounter Says GNU/Linux Usage is Up Again (Internationally)
some preliminary April data
Only on April 1st Can the Free Software Foundation Associate With Microsoft's Open Source Initiative (OSI)
We saw some pranks that day linking the FSF to Microsoft (e.g. "endorsing" Windows)
IBM Gets Rid of Kelly Chambliss as Mass Layoffs Reported in IBM Consulting, IBM Loses Key Contracts/Graft
IBM Consulting has been in disarray lately
More Gains for GNU/Linux, Based on Web Surveys
the Steam site shows rapid growth for "Linux" this month
Slopwatch: Anti-Linux Articles, Not Even Written by Humans
Why aren't Web sites more vocal about this problem?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 02, 2025
IRC logs for Wednesday, April 02, 2025
Links 03/04/2025: Apple Fined Over Secret Surveillance, "Elegant Writer For A More Civilized Age"
Links for the day
Gemini Links 02/04/2025: Books and Cold Tea
Links for the day
Links 02/04/2025: More Layoffs, Nokia Again Takes Advantage of Illegal and Unconstitutional Patent Court With Nokia Staff as 'Judges'
Links for the day
Links 02/04/2025: Seizures and Returns to Windows of 24 Years Ago
Links for the day
LLM Slop Helps Obscure and Distort News About Layoffs (IBM, GAFAM)
It's hard to find accurate information
Links 02/04/2025: Microsoft Developers Are Threatening to Go on Strike, World Backup Day Noted
Links for the day
Gemini Protocol Has Growing Appeal (the Web Got Too Bloated and Full of LLM Slop)
For any "data plan" with bandwidth limits or "tiers" it would be cheaper to use/browse Geminispace
The Web Can Survive LLM Slop, But Only If We Collectively Shun and Discourage Serial Sloppers
Doing nothing ought not be a possibility
Amid Secret Shut-downs and Mass Layoffs at Microsoft (4 Waves of Layoffs in 3 Months of 2025) Some Microsoft Staff Expected to Go On Strike
workers going on strike
Gemini Links 02/04/2025: No more on Mastodon and Gemini Mention Script in Go
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 01, 2025
IRC logs for Tuesday, April 01, 2025
My Motion Disbarring or “Striking Off” Brett Wilson LLP for Enabling Violent Americans Who Try to Crush Microsoft Critics in the United Kingdom by Multiple SLAPPs
"Guns for hire" (for Microsoft people who received Microsoft salaries)
The U.S. Patent and Trademark Office Hijacked Again by Patent Litigation Industry, as President Cheeto Prioritises Aggressors
The "mafia" has taken over the "industry" and the Federal system (justice and constitutions trampled upon)
Ubuntu Slop and FUD Manufactured With LLMs and Funded (by Oneself) 'Studies'
Slop and FUD are ruining the Web