Bonum Certa Men Certa

When Lawyers Run the System It Becomes Dependent on Them

Will today's students become producers or paper pushers?

Students



Summary: How the patent system, controlled for the most part by lawyers, raises a generation of leeches rather than a generation of engineers

WE VERY often emphasise the fact that the patent systems' main cheerleaders are patent lawyers. Well, Tim has just published a thought-provoking article that starts with a very suitably rhetorical question: "Does Innovation Revolve Around Patent Lawyers?" Here are some bits from his analysis:



A patent attorney named Daren Gibby was kind enough to send me a copy of his new book Why Has America Stopped Inventing? As you’d expect from a book written by a patent attorney, it’s a pretty strongly pro-patent book. I didn’t expect to agree with the book’s arguments, but I thought it would be a good opportunity to engage with the “other side” of the patent debate.

The bulk of the book is a meandering narrative about America’s great inventors—Eli Whitney, Samuel Morse, Charles Goodyear, and many others—and their struggles to enforce their patents against infringers. Whitney, for example, almost completely failed to prevent infringement of his cotton gin patent, and as a consequence made very little money from his invention.

After a few chapters, I began to wonder what the point of all these anecdotes was. After all, the book bills itself as an explanation for America’s alleged decline in innovation. But it wasn’t clear what these blow-by-blow descriptions of the patent enforcement efforts of great 19th century inventors had to do with the modern patent system. Indeed, aside from some hand-waving about the lack of cancer cures and flying cars in chapter 1, the book never makes a serious effort to substantiate the claim that the pace of American innovation has slowed down.


Watch how products are being taxed behind closed doors. The externality is all of us who are not part of this private deal.

"Here's a post explaining that proprietary codecs drive up the costs," wrote to us a reader today. It's a tax on ideas and here is one way to tackle it along with Phoronix's analysis.

The first three adhere to the standard Linux library API’s, so should be a straight forward swap in for applications that use them. OpenMAX IL does not have a standard API at this stage, so is a custom implementation. All these libraries are as supplied by Broadcom, the SoC (System On Chip) provider.


In another new post from Mike Masnick he explains how 3D printing is being held back by patents. Innovation anyone?

We've seen this before, but here it's a modern example: work simply wasn't done on many of these efforts in part because there was no competition. And, in fact, there are still a few patents that really do hinder things, and this is a problem. Considering just how much good these 3D printers can do -- especially as they provide more power, do multi-color, and a variety of other features, it kind of makes you wonder just how much we've lost by having tons of researchers just sitting on their printer projects out of a fear of getting sued.


Separately, according to some "legal" blog, US judges ("legal" folks) permit software patents. To quote:

Ever since the U.S. Supreme Court spoke on patentable subject matter in Bilski v. Kappos, 130 S. Ct. 3218 (2010), Federal Circuit panels have taken a variety of approaches to the subject. The latest approach is seen in Dealertrack, Inc. v. Huber, No. 09-1566 (Fed. Cir. Jan. 20, 2012). It brings back the notion of preemption as a test for patentable subject matter (also known as patent eligibility). The notion of preemption was briefly touched on in the original In re Bilski opinion, 545 F.3d 943 (Fed. Cir. 2008) (en banc).


This is a European blog. The lawyers in Europe wants software patents simply because it means more business to them, at the expense of buyers of products and engineers themselves. The Bilski case , like all cases, was decided on by lawyers, not scientists, so it is not surprising that they expand their own territory at the expense of producing industries.

In this week's news we discover that Wipro seeks US monopolies on software, possibly because in India it is hard.

Facebook too is mentioned in this context:

As it prepares for one of the biggest IPOs ever, Facebook is coming under the same fierce attacks being waged against other big technology companies: patent lawsuits.


Facebook itself is also launching patent attacks. Going back to Wipro (a close Microsoft partner like Facebook, but from india), its new patents are leaving room for doubt. Another Microsoft partner, Quest the villain, gets a patent and brags about it. To quote: "Quest vWorkspace 7.5 delivers low cost desktop virtualisation via patent-pending scalability enhancements, direct Hyper-V integration, fast provisioning, and advanced desktop virtualisation load balancing and provides direct support for Microsoft Hyper-V, including FREE Microsoft Hyper-V Server."

Here is another update from the patents arena:

Fiserv this month filed a lawsuit in federal court against rival IBM i banking software provider Fidelity National Information Services (FIS) and its Metavante subsidiary over alleged violation of its patents relating to online payments. The alleged violations involve patents held by Fiserv's subsidiaries, CheckFree and CashEdge, that describe online financial activities, such as conducting account-to-account transfers, creating electronic transaction "pick lists," and making payments on behalf of others.


And another new one:

Not that it was simple to create. The research began more than a year and a half before USF applied for the patent in 2006. It arose from a project on people's transportation behavior.


Even search algorithms are being patented:

Melbourne-based researchers are looking to commercialise a search algorithm that analyses networks to identify the most easily exploitable vulnerability chains.


One last example shows us that software patents are out of control in the US and as long as lawyers run the system (politicians and judges) we are unlikely to see much change, only change for the worse. Here is what seems like business methods. Bilski didn't help much, did it? It's business as usual.

Recent Techrights' Posts

The Legacy of Gerstner (Rapid Destruction) Continues at IBM
They say IBM never recovered from Gerstner, who instead of saving the companies (IBM and others he claims credit for) set up a collision course of rapid shrinkage
 
Farage's fears, media hijacked by-election, what really happened in Clacton
Reprinted with permission from Daniel Pocock
It's Friday. A Ton of People Departing From IBM and Red Hat.
A mere subset of people who announce this in public at Microsoft's LinkedIn
GNU/Linux and ChromeOS Beyond 11%
Combined with ChromeOS, it's already past and beyond 11%
Chatbots/LLMs Are the Next "Clown Computing", Pure Hype, a Serious Mistake
Programs that scan text and emit something similar (but full of errors)
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026
'Voluntary' Layoffs (a Form of Silent Layoffs): Microsoft Global Voluntary Separation Agreement (GVSA) in August 2026 and September 2026
Today and yesterday
Microsoft Sees Windows on Fire, Pours Gasoline Over It
The latest move from Microsoft defies logic
Racing Towards "Woman Zero"
They don't seem to value women
Counters in Clacton Commence in 3 Hours at Clacton Leisure Centre
Even a few hundreds of votes for Pocock would be considered a great success
Swiss army to attack 2,900 domain name owners? Cult of ETH Zurich & Debian
Reprinted with permission from Daniel Pocock
IBM's Bluewashing of Confluent Carries on, More Layoffs Coming, Same Likely Applicable to Red Hat
September 30 is a day before this next phase of bluewashing at Red Hat
Headlines About Microsoft and Ransomware, But They're "SPONSORED FEATURES" at The Register MS
The Register MS habitually publishes LLM slop too
Links 13/08/2026: K-pop Suicide Due to Social Control Media, Legal Problems for Facebook Over Safety
Links for the day
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026
Gemini Links 12/08/2026: Losing a Child, "The OpenWeb Needs Diversity", and Gmail Woes
Links for the day
Voluntary' Layoffs and 'Proper' Layoffs at IBM This Year
When will IBM management confess that 15% of staff is already marked for potential removal?
Links 12/08/2026: Trouble in Proprietary Chaffbot Company 'Open' 'AI' and Slop "Investors Are Suddenly Quaking in Their Boots"
Links for the day
Daniel Pocock in National News in Australia the Day of the Election
"Posted 20m ago" (Thursday in Australia), it's timed nicely to help illuminate Pocock and give him last-minute exposure
The Register MS Has Just Published Slop Spam for NVIDIA and HP, It Says "AI" 43 Times
As usual, The Register MS ought to be ashamed of itself for participating in it
The Slop Debt (Trillions of Dollars, Money That Does Not Exist) is Causing the Collapse of GAFAM et al
This slop hype will end up like "metaverse", except "metaverse" never ended up justifying trillions of dollars in "investment"
Simpler Means More Reliable
The simple old way of local storage and local backups is still the best
Clownflare and statCounter See GNU/Linux at ~8% in Norway
Norway has long championed GNU/Linux compared to the rest of Europe
Social Control Media is the Opposite of Information
That says a lot about social control media
Clacton manifesto: Reform UK hacking, leaks, raw sewage & 8GB Swiss Archive
Reprinted with permission from Daniel Pocock
statCounter Today: ChromeOS + GNU/Linux Measured at 10.98% Globally (Desktops and Laptops)
Clownflare does not quite refute this
The Register MS Has Just Published Fake Article About Replacing Linux With Proprietary Google System, "Sponsored by ASUS."
All of those things are proprietary GAFAMware
Links 12/08/2026: "X’s Advertising Business Continues to Tank", "Stop Feeding the Billionaires"
Links for the day
Lack of Empathy Rampant in the Sector
Sociopaths are sociopaths. They cannot help themselves
Before the "Big Tech" (That Almost Everybody is Forced to Use) Was Controlled by Men Who Hate Women
Such rejection and even hatred of women qualifies/enshrines oneself as an "incel"- a dangerous and violent online cult
In Defence of Hoarding CDs, More So When Digital Restrictions (DRM) Come to More 'Content' and Even Offline/Physical Media Won't Work When Some Remote Server Says "No" (or Goes Offline)
made to serve and entertain owners, not to allow companies like Sony and Microsoft subjugate owners
Clownflare: In Finland, Birthplace of Linux Kernel, GNU/Linux Now Bigger Than Apple's MacOS
It's not just in Finland where we see such trends
More Mass Layoffs Due to Monumental Debt Excused as "Investment" (in Slop)
They're maxing up the private debt and their country is already insolvent
METRO Interviews Daniel Pocock a Day Before Election
The article is behind a wall that blocks people who block ads
Enshittification More Than a Century Ago
Is enshittification more than a century old?
GNU in 1991 (35 Years Ago): Compiler and Lots More Ready, Linux Now Becoming 'Vibe Heap' (Slop Replaces Real Code)
Without curbs in place, many Linux developers will flee
Company-Wide 'Reorg' ('Redundancies') at IBM, Mark October 1st 2026 in the Calendar
Is Oct 1 the new Apr 1?
SLAPP Censorship - Part 147 Out of 200: The SLAPP Series is 'Slow' Because Timing Matters
It is important to stress that after this series is finished there will be many more series, with some of them showing raw evidence of what we've been illuminating and telling
Even ZDNet Accepts That "Market Share" of GNU/Linux May Have Doubled on Desktops and Laptops
GNU/Linux is definitely growing, and quite quickly in fact
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 11, 2026
IRC logs for Tuesday, August 11, 2026
Microsoft Layoffs and Shutdowns Continue This August, Morale Low, Employees Set Up Giant Inflatable Rat to Protest Against CEO
nothing demonstrates their anger better than what they did to the CEO
Gemini Links 12/08/2026: Sophomore Slump, Mandatory Phone Addiction, and Vintage Web Game Gallery
Links for the day