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

Newer is Not Better, Lunar Edition
Maybe in 57 years (2083, after all these wars) we'll managed to launch a capsule with a human and a dog above the stratosphere again
 
It Would be Good for Debian to Have a Female DPL, But...
Debian isn't exactly selecting people for quality or policing bad behaviour
IBM Insiders Say What's Wrong With IBM in Albany (and Yes, There Are Layoffs)
promotions boil down to what insiders now call "brown-nosing" and nepotism
After Killing OpenSource.org IBM Together With OSI Told Us It Would Carry on OpenSource.net, But the Site Has Been Essentially Dead for 9 Months (Effectively Abandoned)
OpenSource.org has been dormant for 4 weeks already and OpenSource.net last had a new page 9 months ago (it'll be 9 months tomorrow) [...] That's IBM in a nutshell
A Lot of What Happened to OSI is Because of Reporting by Techrights
Half a year since Stefano Maffuli (Executive Director) "left"
Public Presentations by RMS Hardly Interrupted Anymore
We'll carry on covering those sorts of topics throughout the year
Links 07/04/2026: US Wants to Put Journalists in Prison for Reporting Facts, Artist ‘Bale’ Arrested Over Rape Allegation in Social Control Media
Links for the day
To IBMers, IBM Has Failed and is Fast Becoming a Book of Jokes and One-Word Punchlines
How else can one make it obvious that IBM is circling down the drain?
"AI Revolution" Was a Lie: Microsoft CEO Admits What He Calls "AI" is Sometimes Sloppy and Microsoft Admits That Slop is for "Entertainment Purposes Only" (Not for Any Serious Work)
if it gets "memory-holed", we can bring it up again and again
Social Control Media is Not a Viable Business Model
The future of the Web might not be the Web
From Datacentres Boom to Actual Booms That Target Datacentres, Now Struggling to Justify Humongous Energy and Water Consumption
Datacentres that are used for mindless "entertainment" (as Microsoft calls it) like slop are not a priority at this time
Gemini Links 07/04/2026: Aircraft Lift Force, Editor History, and Consumer Hardware Stagnation
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 06, 2026
IRC logs for Monday, April 06, 2026
What Matters is Software Freedom, Not the Brands
The important thing is to speak about Software Freedom
Wikileaks is About to Turn 20
~2 days ago it turned 19.5
The Cloud of Smoke
Will 2026 be the year that "The Cloud" openly confesses the risks it brings about?
SLAPP Censorship - Part 36 Out of 200: Claim KB-2024-003529 in a Nutshell (Microsoft Employee Does Terrible Things, Then Sues the Reporter in Another Continent)
It commences with more of an overview
Gemini Links 06/04/2026: Solar Panel Story and Centralisation
Links for the day
"Free Speech, Free Press": What the World Needs to Improve
Darkness breeds corruption
IBM prioritises a "lot of smoke and hype and use of trending buzzwords"
IBM can pretend all it wants things are fine
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026