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

Links 16/02/2026: Barack Obama Responds to Racist Cheeto and Benjamin Mako Hill Studies Online Communities
Links for the day
IBM Reduces the Thresholds for Acceptance (and the Salaries)
Are chatbots good enough as IBM staff?
When It Comes to Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
Social Control Media is Just a Digital Weapon
Social control media is not social and not media
 
Microsoft to Focus on Name-Dropping Buzzwords to Distract From Declining Business, IBM RAs (Layoffs) With Staff Stack-Ranked
Calling everything cloud or reclassifying as "AI"
Another EPO Strike One Week From Now, Local Staff Committee Munich to Discuss It This Week
Campinos MIA while Office staff goes on strike at least 4 times
Gemini Links 16/02/2026: Task Completed by Avoidance and "Playing Again With Akkoma"
Links for the day
Happy Birthday (or Anniversary) to SoylentNews
"Happy Birthday SoylentNews"
Techrights' Architecture
Stability is the main goal
Linux Foundation Continues Falling Off a Cliff in Geminispace
Gemini Protocol will turn 7 this summer
Links 16/02/2026: cURL’s Daniel Stenberg Asserts That Slop is DDoSing Free Software, But Still Uses a Plagiarism and GPL-Violating Blender (Microsoft GitHub)
Links for the day
The Techrights Community Never Needed Money, Only Goodwill
We accomplish things by a track record of suppressed facts
"AboutCode" is a Microsoft Proxy and Microsoft's Acquisition of the OSI Advances Via OSI Moles
presenting direct evidence anybody can verify
They Will Call Smart People "Luddites"
Is society "seeing the light"?
Microsoft Amutable Already Reveals That Its Focus Is Not Linux, It'll Promote "Remote Attestation"
This is basically an attack on Software Freedom, even if they toss around the brand "Linux"
More People in Chad Move to GNU/Linux
Last year we began to see GNU/Linux rising there - a trend which continues this year
Dr. Andy Farnell on How Universities and Culture of Education Got Crushed by "Technofascist Nightmare"
Farnell says he "already soft-quit in [his] mind"
Debt of Broadcom Grew by More Than 50%, Broadcom is Deeper in Debt Than Google
Expect many more cuts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 15, 2026
IRC logs for Sunday, February 15, 2026
Links 15/02/2026: Slop, Politics, and Gemini
Links for the day
Small is Beautiful (in Cascading Style Sheets/Inheritance Rules)
If done correctly, pages can take a tenth of a second to fully load
Microsoft Has Fallen to New Lows in Hong Kong This Year
That Windows "market share" falls there is perhaps expected
Free Software Foundation (FSF) Raised About 1.5 Million Dollars This Winter, Almost 50% More Than in All of 2024 Combined
Verbal advocacy goes a long way
Spread the Word About EPO Strikes and Patent Injustices in Europe
Corruption in Europe is a real thing
The Register MS is Promoting Slop, Promotion Connected to Microsoft (Trying to Replace Judges With Microsoft)
marketing spun as "science"
He Did Not Have Enough Souls
A lot of the subjects we cover here no other site dares touch
"Mix Vale" is a Slopfarm
3 "articles" about "ubuntu"
Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026
Microsoft's Bing Down to 0.5% in Armenia
Microsoft does not want shareholders to see this
Libel by Bots: Unexplored Legal Area?
Liability can be traced back to the operator
Maybe Obvious, But Merits Repeating: A Lot of "Demand" for Slop is Faked, Manufactured, Fabricated by Dark Patterns, Bundling, Media PR (Deception/Hype) Campaigns
Over the past few years many products and services got rebranded as "AI"
xAI and X (Twitter) Live on Borrowed Time, It'll Get a Lot Worse Fast
Being associated with a child porn site formerly known as "Twitter" is odorous to say the least
Microsoft is Lobbying Brussels via Opensource.org and OSI
The new (GAFAM) management at OSI is not serving the OSI's original mission
Will Lockett's Newsletter: Microsoft became Microslop and Windows users are "flocking" to GNU/Linux "to escape the mess"
"Users are fed up and jumping ship from Windows to Mac or Linux. In fact, it appears that Windows has lost 400 million users since 2022!"
Photographic Collections
There are going to be over 100,000 JPEG, PNG, and GIF files by the time we turn 20
Norway Curbs Social Control Media as It Harms Norway's Society
A decrease from 11% to just 1.87% is possible to reason about
Accomplishments of Our Community
Why I enjoy writing in Techrights
Microsoft Invented a Slop CEO ("AI CEO") Because Real Interest in Slop is Waning, So It's Just Faking Its Prominence
It's noise
Google Promoting Slop, Not Journalism
The truth of the matter is, Google is part of this problem and it doesn't seem to care
Another IBM Company (Spawned by IBM) is Hiding the Scale of Layoffs, Just Like Red Hat and Kyndryl
Why is the scale of the layoffs there shrouded in secrecy?
Links 14/02/2026: Financial Woes in Hong Kong and "Hong Kong Journalists Face ‘Precarious’ Future After Jimmy Lai Jailed"
Links for the day
Gemini Links 14/02/2026: Fish Shell and Meta Slash-commands
Links for the day
Links 14/02/2026: "Bias and Toxicity in" Slop, Microsoft's Vista 11 System Update Breaks Systems Again
Links for the day
Links 14/02/2026: "Suppression of Free Speech" and "Climate Change Puts Winter Games on Thin Ice"
Links for the day
EPO "Cocaine Communication Manager" - Part I - Getting the Word Out About What the 'Alicante Mafia' Did to Europe's Second-Largest Institution
Can't everyone in the European media agree that letting cokeheads run Europe's second-largest institution is a terrible idea?
Richard Stallman in the United States - Part I - Huge Audience (Offline and Online), 'Cancel Culture' Attempted and Failed
the comeback of Richard Stallman (RMS) in the United States
GitHub Cannot Survive for Much Longer
Microsoft is trying to just hide the debt
Ed Zitron: Microsoft Is A Decaying Empire That Bet The Future On Making In Excess Of $500 Billion In New Revenue Within The Next 4 To 6 Years From AI — And It Hasn’t Made A Dime In Profit Yet
Microsoft bets its future on a bunch of nothing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day