Bonum Certa Men Certa

New Disinformation From Patent Lawyers and Microsoft Lobbyists

Microsoft passes angry children a bribe (under
the guide of "contract") to lie along



Boys at the beach



Summary: New developments in the patents arena and what the news sites fail to tell

THE Microsoft lobbyists continue to attack Android and they resort to such ridiculous spin (link omitted on purpose) that the FFII is sharing it for hilarity in the mailing lists. Poor Microsoft cannot come up with a meaningful story against Android, so whenever Google is using patents to defend Android from attacks its lobbyists link to articles like this one and whine senselessly (portraying Google as a patent aggressor). Generally speaking, those types of smears against Android have been muted somewhat because journalists slowly learned who was being paid by Microsoft (Florian Müller, for example, is paid by Microsoft).



Some patent lawyers seek to make a quick buck from the mobile arena, acting as parasites in a thriving market:

Software patent attorney, Steve Aycock today announced the launch of a new law practice which helps people patent their software. The law firm specializes in helping independent inventors, entrepreneurs and start-up companies patent their new technologies including software inventions. Mr. Aycock was a software engineer for ten years before attending law school so inventors will get someone with experience in both software and patent law.


No thanks, Steve, patents are a waste of time for developers. Surely enough this bogus industry of litigation looks to expand by latching onto real industries. From the news we discover that "Venable LLP notably strengthens its patent prosecution and litigation practices with the arrival of three new partners - Michele Van Patten Frank, Toni-Junell Herbert, and Mark Shanks; Of Counsel Therese Finan; and Associate Fabian M. Koenigbauer to the firm's Washington, DC, office."

In other words: prepare for more lawsuits. Oh, innovation, surely!

It's the same in Europe. Patent lawyers (who obviously want software patents in Europe) promote their cause with an analysis that ends with nonsense:

Conclusion. In case of mixed-type invention (such as organisational, commercial or intellectual applications of software), EPO examiners are urged by the problem/solution approach to consider any disclosure of non-technical aspects to the detriment of applicants. Therefore, patent drafters should not at all or only to the absolutely required extent incorporate non-trechnical aspects in the claims or specification.Otherwise non-technical aspects could “devaluate” even important technical claim features.


It is hardly even coherent. Lawyers like to make it sound complicated when in fact the criteria for rejecting a patent can be simple.

Fortunately, more people are able to see past the spin and realise that software patents -- if not patents in general -- have become a burden on society. Tim thinks that the Tea Party should take on the issue too. In his own words:

The debate over software patents does not unite Silicon Valley the way the debate over SOPA does. Rather, the software patent debate pits the patent bar and large software companies like Microsoft and IBM, which have tens of thousands of patents, against rank-and-file programmers and up-and-coming entrepreneurs for whom the threat of frivolous litigation is a growing disincentive to innovation.

But I think this is precisely what makes it a great issue for Republicans—and especially Tea Party Republicans—to take up. There’s a long-running battle inside the GOP between pro-business Republicans and pro-market ones. The former have supported bailouts, corporate welfare, and protectionist legislation like SOPA. The Tea Party was organized in opposition to those things. And in the last couple of years, the Tea Party has had growing momentum.

Here’s how I’d frame the software patent debate if I were advising a GOP member of Congress: Software patents are a bailout for declining software companies that are better at filing patent applications than producing innovative products and services. For example, it’s been years since Microsoft was a major source of new innovations. That torch has passed to younger companies like Google, Facebook, Dropbox, and a revitalized Apple. But Redmond has so many patents (60,000 of them, according to one estimate) that it’s essentially impossible to write software without accidentally infringing some of them. And this means that Microsoft can force any company that beats them in the marketplace to share their profits with them, as it is currently doing to firms that produce Android phones.


If only there was as much public pressure against software patents as there was against SOPA last week...

Recent Techrights' Posts

Abuse Inside the Polish Patent Office (UPRP) - Part VII: Washing Their Hands After Corruption and Abuse
"Tragedy or comedy?"
Culling Bad RSS Feeds of Bad Sites
Not throwing out the baby with the bathwater
Live as You Preach
technology is fast becoming dysphoric
Computers Got Smaller, So GNU/Linux Got Bigger
Many people here recognise the lack of urgency (or need) to get expensive new laptops
 
Links 10/06/2025: Jaws at 50 and US Democracy Crushed Very Rapidly (Martial Law Seems Imminent)
Links for the day
If 'Microsoft v Techrights' is Dealt With by a 'Microsoft Court' (or a Court Outsourced to Microsoft)
More on that later
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 09, 2025
IRC logs for Monday, June 09, 2025
Gemini Protocol Turns Six in 10 Days From Now
If you haven't tried it yet, then give it a go today
Gemini Links 09/06/2025: Addition Addiction and Nitride
Links for the day
Links 09/06/2025: Science, Hardware Projects, and Democracy Receding
Links for the day
BetaNews is a Plagiarism and LLM Slop Hub, the Chief Editor Isn't Addressing This Problem Anymore
SS Fagioli is basically a parasite leeching off or exploiting other people's work
Links 09/06/2025: Chaos in Los Angeles and Hurricane Season
Links for the day
GNU/Linux Grows at Windows' Expense and Microsoft Trolls Infest and Maliciously Target Articles About It
Microsoft is - and has long been - organised crime
They Say I'm Mr. Bombastic
They didn't take good lawyers
Links 09/06/2025: Windows TCO and Many Data Breaches
Links for the day
Abuse Inside the Polish Patent Office (UPRP) - Part VI: Political Stunts by Former President Edyta Demby-Siwek and the Connection to Profound Corruption at EUIPO
it's like a money-laundering operation where one politician rewards another at taxpayers' expense
Gemini Links 09/06/2025: Pipelines and Splitgate
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 08, 2025
IRC logs for Sunday, June 08, 2025
Links 08/06/2025: Tiananmen Carnage Censorship Persists, North Korean Goes Offline
Links for the day
Gemini Links 08/06/2025: Love as an Ethnographic Method and Monitorix Gemini-Frontend v0.1
Links for the day
Links 08/06/2025: Exposure of More GAFAM Surveillance and Social Security Records Compromised
Links for the day
Linux Foundation is a Mediator for Microsoft et al, Not for Small Companies That Support Rather Than Attack the GPL
Many people still wrongly assume that because it is called "Linux Foundation", then it is pro-Linux and represents the same mindset
This Past Friday, Confirming What We Said All Along About Brett Wilson LLP: It's Shrinking, Has Considerable Debt, Loss of Net Assets Despite the Microsoft SLAPP Money
The documents only became publicly available less than 2 days ago
Some of the Many Reasons We Sued Microsofters for Harassment
perpetrators of harassment
For 20 Years Many People Were Sharecropping for Canonical's Oligarch, Now He's Deleting All Their Contributions
"Ubuntu has erased instead of archiving the trove of material at Ubuntu Forums"
There Was Always Too Much 'Crazy Stuff' Going on Around Freenode
What many IRC users lost sight of
Exposing Crime is Not a Crime (It Never Was)
In the eyes of rich and powerful people, those who speak about their crimes are the "criminals"
GNU/Linux Distros Abandoning Microsoft GitHub
Will curl be next to leave Microsoft GitHub?
Expect More XBox Mass Layoffs Soon If the Rumours Are True
From a Microsoft media operative
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 07, 2025
IRC logs for Saturday, June 07, 2025
Europe Needs to Move Away From GAFAM; The Sooner, the Better
Europe - not just the EU - must abandon GAFAM as soon as possible
The Issue Isn't GNOME's Promotion of Diversity But GNOME Corruption, Abuse, Censorship, and Worse
So-called "Conservative" (republican, pro-Trump, bigoted) people want you to think the problem with GNOME is politics
When the News Sources Become Scarce and Increasingly Full of Polluted/Contaminated 'Content' (With LLM Slop and Slop Images)
Integrity matters
"Linux" Sites That Spew Out LLM Slop
We're lacking enough material for another "Slopwatch"
Abuse Inside the Polish Patent Office (UPRP) - Part V: Breaking the Law, Just Like EPO
We'll hopefully cover some of the pertinent details later this year