Bonum Certa Men Certa

Perspectives on the USPTO and Software Patents

Companies caught in a mess



Summary: News about the legal system, patent trolls, and problematic bias in the legal circles

JUST when we thought that the USPTO had hit rock bottom it continued to surprise us with existence-threatening lawsuits and embargoes. Judge Posner, who oversaw a case incorporating both aspects, got a lot of exposure after the Reuters report that had him quoted widely as saying that, based on resultant coverage, patents should not cover software and maybe it's time for reform in the broken patent system because it is out of sync.



"Those who criticise campaigns to abolish software patents are most often patent lawyers..."Ed Burnette complains about the current patent system as well, particularly in light of some propaganda from his colleague "Steven Shaw [who] used to be a litigation attorney at Cravath, Swaine &gMoore, a New York law firm" (how telling). His multi-part propaganda [1, 2, 3, 4, 5] helps show that it's patent lawyers who want software patents, not practising folks such as technical writers.

Those who criticise campaigns to abolish software patents are most often patent lawyers, this particular example being some legal blog that claims to "explore the nexus of legal rulings". Some announcements like this one reveal that, at least in this case, a recruit "focuses his intellectual property practice on patents" (the most controversial form of so-called 'IP').

Here is the hoarding of patents and accumulation of new ones, as in this case. A lot are explicitly covering software because it is legal in the US.

A "UK Computer Software Law Firm" is advertising itself in the context of patents as well, exemplifying the ambitions of UK-based lawyers to make software patentable in the UK as well. To quote: "Patent and trade mark attorney Franks and Co has been named UK Computer Software Law Firm of the Year by Corporate INTL Magazine."

The startup parents propaganda which we wrote about recently is being challenged by some data and as hideous patents are being granted we are also reminded of their toll on society.

Acacia, a patent troll, has just extorted MathWorks, which might make some software like MATLAB more expensive (passage of wealth from non-trolls to trolls).

"Acacia, a patent troll, has just extorted MathWorks, which might make some software like MATLAB more expensive (passage of wealth from non-trolls to trolls)."Here is a new report about the impact of patents on society as a whole. To quote: "A patent is an easy way to make money, but these days not so much for inventing things but inventing concepts to patent. To make money from them, usually someone has to get sued. The process involves a considerable amount of money, starting with paying lawyers, paying court costs, paying for transport, hotels, meals, and so on. All these things add up and they account for every cent as to what a trial would and does cost. [...] Judge Richard Posner, who ruled upon a patent dispute between Apple and Motorola, called Apple's filling "frivolous". The man has got some character to be able to stand up to Apple, and we have to applaud him to having the courage to do so."

The only cases where we see the press advocating software patents (and sometimes patents as a whole) is when the writer is part of the patent litigation pipeline. It has become clear what the public wants, but private interest groups continue to distort policy.

Recent Techrights' Posts

Microsoft's Latest 'Novel' Approach, Trying to Prevent People Moving Away From Microsoft and From Windows
ads say a lot about their business strategy
Microsoft-sponsored "The New Stack" Publishing Microsoft Windows Articles in "Linux" Clothing
Just sayin'...
 
Microsoft Ends Support for Vista 10, So Relative Share of Vista 10 Goes Up, Vista 11 is Down
For 2 months in a row already
When Python is Basically Run by a 'Microsoft-Friendly' Mole Who Ousts People That Actually Contributed a Lot to Python for Many Years
Removing some of the best people
Syria: Microsoft Windows Down to 8% "Market Share" (It Was 99% Just 15 Years Ago)
it was even measured at less than 5% earlier this year
Links 08/12/2024: Boeing Leaks and Bluesky’s Business Model Dilemma
Links for the day
Gemini Links 08/12/2024: UK Winds and Ultraviolet Grasslands (UVG)
Links for the day
Links 08/12/2024: Conflicts, Misinformation, and Gutting of the Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 07, 2024
IRC logs for Saturday, December 07, 2024
Czech Republic: GNU/Linux Jumps Above 4%
data from the Czech Republic for 2024
IBM Engagement Surveys "Are Usually Useful for the Executives So They Know Which Things to Ignore"
This impacts Red Hat as well
Did Microsoft 'Write' (by Chatbots) This 'Article' About WINE?
The Web is drowning in garbage
Dictatorship Formalised: Python Software Foundation Violates Its Very Own Code Of Conduct (COC) or Code Of Censorship
Incoming Python Software Foundation Executive Director, Deb Nicholson, allegedly uses COCs to get ahead while violating COCs
[Meme] 'Self-Checkout' (and Banking 'Apps'): Passing All Accountability to the Customers
Stealing
Gemini Links 07/12/2024: Leasehold and NNTP
Links for the day
Fun Statistics About Techrights (Almost a Quarter Million Files)
Here are some raw numbers
PIP (Performance Improvement Plan) as an Instrumental But Largely Hidden (From the Public) Extra Layer of IBM's Workforce Reductions
The morale at IBM is really bad
Microsoft Money: From Bribing Bloggers to SLAPPing Bloggers
Microsoft money, different strategy?
Belgium: Windows Falls to Quarter of the Market, Mobile Devices Outsell or Overtake Desktops/Laptops on the Web
Microsoft has no operating system for 'smartphones'
Links 07/12/2024: CALEA Back Doors Backfiring, Fentanylware's (TikTok) U.S. Ban a Step Closer
Links for the day
statCounter: GNU/Linux Rises Sharply to All-Time High in Republic of South Korea
Notice how sharp the rise is!
It's FOSS? No, It's SPAM.
Another sellout
Another Massive Blow to the Web
This is awful news and it neatly relates to topics that we covered this morning
All the Latest Five Blog Posts at OSI's Blog Are Written by a Microsoft Operative Salaried by Microsoft
"Open Source" no longer means anything
Legacy of a Dying World Wide Web
Many people truly believe they're "stars" in social control media
Google Does Not Have a Search Engine Anymore
Google wants to "retain" users for more "screen time" and influence over their minds; it does not save you time, it's manipulating you
[Meme] Automattic: Host With Automattic, We'll Handle Our Own Complexity for You
The RHEL modus operandi (more so with systemd)
Finding Peace With Less
There seems to be a growing consensus (speaking to other editors helps confirm this) that the Web is going in a very bad direction
Links 07/12/2024: DEI Chopped by University of Michigan, French and South Korean Governments in Turmoil
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 06, 2024
IRC logs for Friday, December 06, 2024
Links 06/12/2024: Meal Changes and Internet Nostalgia
Links for the day
Brittany Day (linuxsecurity.com) Reposing Linux Foundation/Microsoft FUD Using LLMs, Probably Controlled by Microsoft
Plagiarised FUD by LLMs
Three Months
Next week on Tuesday our sister site turns 20.5
Links 06/12/2024: Promotion of Fake and Illegal Patent 'Court' (UPC), South Korean Strikes, and More Bailouts at Taxpayers' Expense
Links for the day
Links 06/12/2024: Alarm Raised in EU Over Meddling and Destabilisation by TikTok, Strong Criticism of 'Open'AI
Links for the day
In France, Android Skyrockets to 52%, Windows Falls to 26%
even in rich countries across Europe Windows is rapidly losing "market share"
When News Sites Become Shopping Catalogues Disguised as 'Reviews' or 'Articles'
Sometimes Fagioli uses HEY HI (AI, LLMs actually) to make 'articles' about HEY HI
[Meme] Hit and Run with SLAPP
Microsoft staff versus Techrights
[Meme] When You Go Against Corporate Front Groups and Shills of Moneyed Interests (EDRi is Microsoft-Compromised Now)
The "golden rule" is, follow the gold
The Register Exposed Many IBM Scandals, Lawsuits, and Secret Layoffs. Now IBM Pays The Register.
Hush money?
IBM Told the Media the Secret Mass Layoffs Would Carry on Till End of November, But They Still Happen This Month
"My team of 9 people had 4 regulars and 5 contractors. All contractors gone."
All the Red Flags in New Linux Foundation Report
How telling...
Gemini Links 06/12/2024: Shrinkflation and Working at Google
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 05, 2024
IRC logs for Thursday, December 05, 2024