Bonum Certa Men Certa

Opposition to Patents All Around the World, Lawyers Fight Back

World map



Summary: A real-yet-outrageous struggle between public will and the subculture of patent lawyers or law-practising bureaucrats

THE patent systems decline in credibility around the world. The one percent or less which holds patent monopolies is no longer taken for granted and therefore left alone. In New Zealand, for instance, the public took amazing action against corrupt politicians (or dumped ones who serve hostile interests) and there's no escaping the scrutiny:



After a hiatus of more than two years, software patents were thrust back into the limelight recently when the government finally announced the second reading of the long languishing Patents Bill.

Those who follow such things will remember the Bill was reported back from the Commerce select committee in 2010. Following detailed consideration of all the issues, the select committee had unanimously recommended that software be excluded from patentability.



This got some massive media exposure, so older articles we have not cited yet are worth noting in their large numbers and full glory [1, 2, 3, 4, 5, 6, 7, 8].

"Notice that dissociation from reality in patent lawyers' circles."In the US, patents on software are collapsing in the courtroom, so patent maximalists like Dennis Crouch write on the subject, trying to oppose the 99% who are not patent lawyers as well as the more vocal FOSS proponents such as Dana Blankenhorn.

Robert Stoll, former Commissioner for Patents at the USPTO, does some patents promotion at The Hill. He is in deniability mode, saying: "In fact, the verdict is a sign that the system is far from being broken and is actually working as intended to help ensure innovation and competition for the benefit of consumers."

What utter nonsense; he contradicts evidence-based studies and articles. Other pro-patents circles weigh in, only to be constantly rebutted by the majority. ECT gave a platform to Raymond Van Dyke, "a software patent attorney, educator and consultant in Washington, D.C." He says:



In time, software patent controversies will diminish as the major players learn to coexist, e.g., through cross-licensing. We are now in the midst of a cutthroat time when major players fight. The U.S. patent system is not evil. Software patents are not evil or unjustified. If a software patent is dubious, the patent system provides many avenues to invalidate it.


Notice that dissociation from reality in patent lawyers' circles. They don't care about what's true and false, or even what the public wants and does not want. It's all just a business built upon a big lie, a lot of lobbying, and political games which serve few powerful corporations.

Timothy B. Lee quotes the top Rackspace lawyer as saying: "We'd love to get rid of software patents" (not taken out of context).



"Once you reach a certain size, you become more of a target," Alan Schoenbaum told us in a recent interview. Schoenbaum is the general counsel of Rackspace, which achieved $1 billion in revenue for the first time last year. He said that patent litigation against the San Antonio company has "accelerated over the last two years."


Lee says that financial patents too are under fire. Lee goes further by noting:

I missed it when it came out, but the libertarian legal theorist (and my fellow Cato scholar) Richard Epstein had an article last month defending software patents.



Isn't it funny that all the 'legal' folks support more patents? It is how they make money at other people's expense. This was also the case of NZ, as we showed repeatedly in recent years. Patent lawyers are not part of the industry, they are the parasite. Their opinions should not be factored in. All they contribute to is disinformation in the press, totally disproportional to their minuscule numbers among the whole public. More people, especially journalists, should start speaking about this problem. It's like giving "equal time" to weapons contractors in debates about politics, especially wars.

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
 
If Free/Libre Software is Adding Trillions in Value to the European Economy, Then the European Commission Must Crush Software Patents
Further to what we wrote yesterday
Microsoft Swallows GitHub Losses
Only Microsoft knows how much money it has already lost on GitHub
Gemini Links 13/08/2025: Climate, Coffee, and Deploying Troops in Washington DC After Pardoning 1,000+ Insurrectionists in Washington DC
Links for the day
The Register MS Lowered MS Focus This Week
We hope The Register recognises its errors and tries to make up for them
Learning Ethics From Jeffrey Epstein's Enabler/Client/Ally, Coca-Cola, and Microsoft Accenture
Whatever merits vocabulary changes initially had are being tainted or obscured by later iterations, which tell us to avoid word like "normal", which apparently offend some people (so they argue)
Personal Attacks From Rust People Serve to Confirm They Have Lost the Argument
"The discussion I find around the net so far has no technical merit and centers around ad hominem"
Physical Meters and Purely Mechanical Meters Aren't Dumb; It's Dumb to Mock or Dismiss Them as Antiquated
I've learned a lot this week, both online and over the telephone
"AI" Hype or LLM Slop is Not About Efficiency, It's About Lowering Standards
It does not seem like IBM is genuinely committed to the same goals (or commitments) as the original Red Hat
IRC Proceedings: Tuesday, August 12, 2025
IRC logs for Tuesday, August 12, 2025
GitHub Will End Up like XBox and Skype
It is not likely that the XBox franchise will survive the next 5 years
Stones Thrown in Glass Houses
Projecting? You bet!
As Europe Gets Increasingly Serious About Software Freedom and Digital Sovereignty It Needs to Enforce a Ban on Software Patents ASAP
many councils in Europe move to Free software and US policy/companies cannot be trusted
Windows 12 in Bahrain (Microsoft "Market Share" Down to 12%, an All-Time Low)
They really ought to get away from Windows even faster
The Web Needs 'Pest Control' When It Comes to LLM Slopfarms
The goal is to discourage more sites becoming slopfarms
Microsoft Can Now Stop Reporting the GitHub Layoffs (Even When They Happen)
GitHub's original staff will see the true cost of becoming "b0rged" - something that Microsoft earned a bad reputation for
How to Get Very Bad or Even Malicious Code Into Linux? Write it in a Language That Linus Torvalds and Most Other Linux Developers Don't Understand.
One point nobody brings up is, what if code gets committed while evading audits and scrutiny?
Links 12/08/2025: Wikipedia Fails at UK High Court, Perlmutter Still Fights to Squash the Slop Lobby
Links for the day
Gemini Links 12/08/2025: Field Recording and Digital Legacy
Links for the day
Links 12/08/2025: WinRAR Zero-Day, SonicWall Does More Harm Than Good
Links for the day
Links 12/08/2025: More Sabotage of Underwater Cable Ahead of Russian Alaska Summit
Links for the day
Richard Stallman Will Not Miss Microsoft GitHub, It Was Only Good at Harvesting a Lot of Code for Plagiarism-as-a-Service
investors are apparently willing to lose money for buzzwords
Slopfarms Slopping Away at "Linux" and Spreading Microsoft Misinformation
Slopfarms don't comprehend this as they lack actual comprehension, they're just parrots
Links 12/08/2025: Science, Hardware, and Ukraine Excluded From Negotiations About Its Future
Links for the day
GitHub the Company Has, in Effect, Just Died (Time to Look for Alternatives)
To Microsoft, what's left of GitHub after dismantling/folding it is some "training set" (people's code, without permission to "train" i.e. misuse under the guise of "GenAI" plagiarism)
Linux Foundation Says "Housekeeping", "Hung", "Normal", "Native Feature/Support" and "Girl/Girls" Are Offensive Words
Bombing people is OK, just use the right "terms"
It Looks More Like Microsoft GitHub Layoffs
GitHub is just losing loads of money
Gemini Links 12/08/2025: Meditation, OpenStreetMap, Smolweb, and More
Links for the day
Google News is Dying: Most of Its Top Stories Now Are LLM Slop With Slop Images (i.e. 100% Fake 'Content')
Google News has been drowning in this sort of stuff for quite some time
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 11, 2025
IRC logs for Monday, August 11, 2025
Our Predictions Were Right: GitHub Dying as Losses Pile Up (as a Company It Cannot Continue to Exist, It's Not 'Free Hosting')
GitHub always lost money
Links 11/08/2025: Meritless Twitter Suspensions and Disney Scraps Deepfake Dwayne Johnson
Links for the day
Gemini Links 11/08/2025: Upgrading Debian Bookworm and Better Quality PDFs From Gemini Pages
Links for the day
Currys PCWorld Lied a Decade Ago, 10 Years Later It Still Effectively Voids Your Warranty for Installing GNU/Linux Despite It Being Increasingly Mainstream
Microsoft gatekeepers
Team GNOME Has Libeled Me for Nearly 20 Years
we are not dealing with sane people
Experience With Airlines in 'Web Sites' and in 'Apps'
In a lot of ways, Stallman Was Right about what JavaScript would turn out to be
Open Does Not Mean Free
wiser to ask if some program is freedom-respecting
The Register MS Takes Money From Companies Banned by the Biden and Trump Administrations (National Security Risk)
today's sponsor
Sabotaging GNU/Linux PCs (and Users) is Not a 'Joke'
maybe cruelty is the very objective
How We Process Screenshots of Slop to Suitably Tag Them as Slop
everything is a single command
Links 11/08/2025: Data Breaches, Politics, and Climate
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 10, 2025
IRC logs for Sunday, August 10, 2025
Gemini Links 11/08/2025: Tea Caffeine Hot and Super ZZ Zero
Links for the day