Bonum Certa Men Certa

Patents Roundup: Microsoft Front the BSA Promotes Software Patents, Kappos Helps the Rotten System

Bulb



Summary: A lot of evidence which shows who USPTO really serves and at whose expense

THE head of the cartel's office, the USPTO, has been defending a practice which decades ago the SCOTUS deemed unacceptable. He got flak for rather insensitive remarks:



Patents on software are “every bit as well deserved” as patents on air flight, the electric bulb, and innovations that enabled the industrial revolution, Patent and Trademark Office Director David J. Kappos said in a Nov. 20 speech in Washington, D.C.

Aiming his remarks specifically at “those reporting and commenting on the smartphone system patent wars as if to suggest that the [patent] system is broken,” Kappos said, “let's move beyond the flippant rhetoric and instead engage in thoughtful discussion.”


That is what we were all trying to have, but Wired is stacked by law professors rather than software professionals and this is no exception. The voice of practising professional is being taken away. In nanotechnology, we recently saw more professionals speaking out:

Software patents have long been contentious things, but patents in other areas of science are also becoming frequent subjects of editorials and court cases, with biotech and genomics making it to the US Supreme Court. Now, if an editorial in Nature is to be believed, nanotechnology is set to become the latest patent battleground.

Joshua Pearce is a professor at Michigan Technological University, and he very explicitly argues for taking an open-source and open-access approach to nanotechnology research. But he also goes well beyond that, calling for a patent moratorium and a gutting of the law that governs tech transfers from government-funded university research. At stake, he argues, is the growth of a field that could be generating trillions of dollars of economic activity within a few years.


So who is it that supports Kappos' position? Lobbyists for large software companies, i.e. lawyers' groups like the Business Software Alliance (BSA), as seen here, and patent lawyers. This is good for the cartel of patent stackers and bad for everyone else. Intel, which is part of this cartel and is a proponent of software patents, has just bought some more patents:

It's been announced this morning that Intel is acquiring ZiiLabs, the subsidiary of Creative Labs that previously was 3DLabs. Intel is gaining "certain engineering resources and assets" plus licensing rights to certain ZiiLabs patents and other technologies surrounding the GPU.


Intel has been having problems recently (Android plays a role) and its head, who stood behind the company's criminal behaviour, is said to have been sacked for it (not effective immediately). Maybe Intel is planning to tax some more those who do manage to actually sell a lot of chips. That's where patents come in.

The USPTO is becoming a joke in more people's eyes. Here is a look at patents on turkey (animal):

Here in Canada, we gave our proverbial thanks over a month ago, and since all the Americans at Techdirt have taken off for the weekend, I thought I'd take a moment to put together some advice on preparing a great Thanksgiving turkey—with a little help from the USPTO.

If you're tired of the traditional roast, maybe it's time to try a more creative preparation—just be careful you don't run afoul of any patents. Here's an idea: with some skilled knife-work, you can slice a turkey into pieces that resemble various cuts of steak—and that method will only be under patent for another five years!


Here is a corresponding response to Kappos. Now he is part of the problem, so his inane propaganda is being addressed:

Note the giant and very questionable assumptions in the middle of that one: that it's "innovators" seeking to "protect" "breakthroughs." I'd argue that none of the three things in quotes is accurate. Quite frequently it's lawyers who haven't actually innovated at all looking to shakedown actual innovators for broadly worded patents that never should have been granted, and which are being interpreted to cover things they don't really have anything to do with. That's not innovation. It's extortion... backed up by the US government. It's a travesty.

Even worse, Kappos is still relying on the absolutely ridiculous "study" that the USPTO put out earlier this year, despite the fact that its methodology has been widely debunked for including grocery store baggers as "IP innovators." Sorry. And, if you look at what their actual report shows, it suggests that patent-intensive businesses aren't doing so well. Somehow he ignores that. Of course, perhaps that's why his office rejected a promised interview with me earlier this year, and could only defend the patent claims by arguing the most bizarre correlation argument in the world, that because Steve Jobs was innovative and had patents, therefore, patents worked.


Some lawyers' Web sites obviously support Kappos. We know whose side he is on. More people need to speak about this bias in the whole system. It was subjected to a coup and the infiltrators won. As one pro-software patents site put it, Kappos revealed himself as part of this camp.

Last week, Director of the USPTO David Kappos delivered a keynote address to the Center for American Progress that focused on software patents and the smartphone "patent wars." The speech is noteworthy for the Director's strong defense of software patents.


Watch what Stallman had to cope with the other day:

The conference was a one-day conference, which started at 8:50 am and ended at 5:20 pm with a a reception afterwards from 5:30 to 6:30. There was a lunch break from 12:15 to 1. The schedule can be found at the conference website. It was adhered to closely.

The morning program consisted of three panels. The first was the Keynote and was titled "What is the Problem?" The second was "Panel #1: Legal Reform, Part 1." Then after a coffee break we had "Panel #2: Agency Reform."

The afternoon panels were called "Keynote #2: Views from the Trenches" and then "Panel #3: Legal Reform, Part 2." After this an afternoon coffee break, then "Panel #4: Self Help" and at the end "Keynote #3."

Some of you who were not in attendance were able to view the sessions live, except for the talk of Richard Stallman who refused to have his talk streamed on the ground that Silverlight used. Since I was actually present, I do not have the live streaming to look at, and thus my presentation of what happened is based upon my notes, which in what follows might be embellished by memory and thus not word-for-word correct.


This event too got stacked by lawyers, the leeches in this whole system. It is time to reclaim the patent system or just bury it. It's for lawyers and plutocrats, not science and technology. Not anymore anyway.

Here is a technical person explaining why we should end software patenting. There is a good image inside this article showing how the cartel works and how it uses lawyers to keep challenges (to quality and also price) out of reach. To quote the introduction: "Patents make sense in some industries. When it costs a billion dollars to develop a new pharmaceutical, a company needs protection during that process to make it worth the risk of trying.

"But software doesn't have that overhead. Too often, software patents just end up making the incumbents complacent and discourage brave, disruptive experiments."

"This video by Marginal Revolution writer and economics professor Alex Tabarrok makes a clear argument against software patents."

Mike Masnick expressed his views on why the USPTO is a lost cause for those of us who pursue reform from within:

While the US Patent Office has officially declared its desire to put its head in the sand concerning the problem of patent trolls, it appears that other parts of the government aren't necessarily going to ignore the problem. The FTC and the DOJ are planning explore the issue with patent trolls at a public workshop next month (they use the currently popular term "patent assertion entities" rather than "patent trolls" but it's clear what they mean). And the indications are that they may be looking to use their power to crackdown on bad behavior, potentially even using antitrust tools...


After the world's largest patent troll got monopolies on three-dimensional printing we observe spurious lawsuits as covered by Masnick's Web site:

We've been pointing out for a while that one of the reasons why advancements in 3D printing have been relatively slow is because of patents holding back the market. However, a bunch of key patents have started expiring, leading to new opportunities. One, in particular, that has received a fair bit of attention was the Formlabs 3D printer, which raised nearly $3 million on Kickstarter earlier this year. It got a ton of well-deserved attention for being one of the first "low end" (sub ~$3,000) 3D printers with very impressive quality levels.


This progress is not stopped by patents. So much for encouraging innovation...

Recent Techrights' Posts

Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
Sloppy Reporting About Slop, or How The Register MS Lowers Its Standards
Maybe the management isn't even aware of this
IBM's Strategy: Cull 'Expensive' Workers, Replace Them With Cheaper Ones
So far we saw not even one rebuttal or challenge to the claim of Red Hat layoffs scheduled for tomorrow
The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
 
Slopwatch: LinuxSecurity, Brian Fagioli, and Other Serial Sloppers
Maybe Microsoft wants to dub this "Web5"
Gemini Links 10/08/2025: Residents Management Company, Automation, and Politics
Links for the day
Links 10/08/2025: AOL Ending Dial-up
Links for the day
Links 10/08/2025: Webrings, “AI Sunglasses” and “AI Eyeglasses”, US Administration Intensifies Attacks on Science and Research
Links for the day
Sometimes Newer is Worse
We generally need to reject this dumb notion that "old" means bad
The Code Used to Make Techrights Fits on a Seventh of a Floppy Disk (or 100KB When Compressed)
For the sake of comparison I've just downloaded the latest version of WordPress. The ZIP file is 27.2MB in size, or ~27,200KB.
What They Tell Young Programmers
Coding in 2025
Simpler is Better When Simple is Enough
Over-complicating things to "sell" new versions is so 1990s
Links 10/08/2025: From Social Control Media to Prison, New Examples of Windows TCO
Links for the day
If You Attack Somebody Too Much You Legitimise and Strengthen That Somebody
at the end those attacks add up to a "martyr" status
The Man Who Helped Microsoft Kill Linux is Trying to Delay Our Lawsuits Against Him
By conservative estimates, and based on court documents submitted by them, they're prepared to spend over a million dollars on lawyers, fighting against me and my wife
Gemini Links 10/08/2025: Gen Con 2025 and Framework Laptop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 09, 2025
IRC logs for Saturday, August 09, 2025
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day