Bonum Certa Men Certa

Software Patents Debate Manipulated by Spin



Summary: Recent examples from the news show disparity between what patent lawyers are saying and what others have to say

Jon Potter believes that "Software patent trolls can be stopped by U.S. Patent Office and Congress" as he writes about mobile app developers (small businesses or even indie) who fall prey to software patents and trolls (which are seemingly a rising phenomenon). He says that "[w]hile app developers are angry with the trolls, they are also frustrated, rightly, with their government. The patent system was created to promote innovation and protect entrepreneurs. But in the trenches of the app development industry, people are intimidated and angered. App developers and entrepreneurs, the very people whom the patent system should protect, now consider software patents as inhibiting -- rather than promoting -- innovation."



Another writer from the same area writes about expansion of USPTO regime to another place:

As the US Patent and Trademark Office prepares to open a Silicon Valley office, intellectual property stakeholders gathered at Stanford to tackle a big reason for USPTO’s enhanced regional presence: Software patents.


For shame. Google has been working against software patents recently. Over at Wired, yet another lawyer, Christal Sheppard, keeps the rigged 'debate' going. Those rigged debates almost always exclude the most important component: developers.

Patents are often misunderstood and badly explained by propagandists. In an article by Mike Masnick he says: "Despite plenty of research showing that patents do not, in fact, lead to increased innovation (but rather increased patenting), many still assume that there's a direct linkage. Of course, it is true that many successful industries see high rates of patents, but there is evidence that patents tend to lag the actual innovation, rather than predate it. That is, once an area or industry is innovative and successful then everyone rushes in to get patents and try to extract their piece of the pie, often slowing down the pace of innovation.

"So it's fairly disappointing that the Brookings Institution, which normally does pretty good work on these kinds of things has put out a study about patents and innovation, and appears to be confusing correlation and causation in saying that patents lead to innovation and even (more ridiculously) that areas that aren't doing enough patenting need to beef up their patents to increase innovation:"

Dennis Crouch gives his 50 cents, but he too is a law person, who in his post "Of Smart Phone Wars and Software Patents" helps justify the spread of software patents:

Stuart Graham (USPTO's Chief Economist) and Saurabh Vishnubhakat recently published an interesting short paper entitled Of Smart Phone Wars and Software Patents. The paper largely defends the USPTO's examination of software patenting by showing that its approach in the software arts is essentially the same as in other fields.

The two charts below come from the article. The first shows the percentage of first office actions that are first-action allowances. This is calculated for each fiscal year as the (# of first action allowances) / (# of first actions). The second chart looks at the first "final" action in a case. For their study, a final action is either (1) a final rejection or (2) an allowance. And, the first final is whichever one of those came first.


So basically, for lawyers and by extension the legal sphere it is okay to have mobile patent wars. Apple is meanwhile retrying a ban of leading Android devices:

Apple has now filed a normal appeal, after being turned down for en banc review by the entire Federal Circuit, regarding Judge Lucy Koh's refusal to order an injunction against Samsung in the first Apple v. Samsung case, no. 11-CV-1846. That's the one where Apple got a jury to order a billion plus in damages. Although I doubt that figure will stand. Anyway, Apple wants an injunction too, and here's the brief [PDF] asking for it. The order [PDF] it's appealing is found here as text. And I'll work on a text version for you of this appeal brief next.


A lawyers-run blog speaks of a mobile patents thicket and CAFC, another lawyers-run institute, may soon get to legitmise software patents again. Reuters articles about it [1, 2] say:

Lawyers squared off on Friday over U.S. rules for granting patents for software, or if software should be patented at all, in arguments in a case closely watched by Google Inc, Facebook Inc and other technology companies.


The lawyers' sites, unlike some news site, have a bias which is expected. Even the press in New Zealand covered it as follows:

Lawyers have squared off over US rules for granting patents for software, or if software should be patented at all, in arguments in a case closely watched by Google, Facebook and other technology companies.

The full US Court of Appeals for the Federal Circuit heard arguments in the case, which involves whether patents for a computerised system for exchanging financial obligations are valid. The case has drawn wide interest because it could help determine parameters for software patent protection.

Disagreement was apparent among the 10 judges on the panel, and experts said they expected a divided decision, which could land the case before the US Supreme Court.


The lawyers, as expected, try to interject themselves into analysis of this news, vying to marginalise more proper news sites. Developers, sadly, are quiet, which leaves them vulnerable.

Recent Techrights' Posts

Even Technical Articles and HowTos From UNIXMen Nowadays Seem to be LLM Slop
We've just permanently removed the RSS feed of UNIXMen
The FSF's 2024 End-of-Year Fundraiser Succeeds: Over $400k to Support Software Freedom
That's worth bringing up again because the SFC is trying to 'crash' this achievement of the FSF
[Meme] Fentanylware (TikTok) Banned in the United States, Next Up European Union (EU)
And the United Kingdom (UK)
President Biden is Right, "Free Press is Crumbling" and the United States Exports Its Media-Hostile Culture to Other Continents
perhaps Biden should pay closer attention to how Donald Trump-inspired Americans take their battles to other continents
Guardian Digital, Inc (linuxsecurity.com) Uses Microsoft-Controlled Front Groups and LLM Slop in Order to Spread Microsoft-Directed Anti-Linux FUD
Microsoft garbage likely produced by Microsoft LLMs, spewing out Microsoft FUD
Thank You, London! There Was No Way to Still Reliably Host Gemini From Home (on a Raspberry Pi 4) Due to Scale
The only regret we've long had is that we hadn't made the move earlier
The Summit of Future (Kerala, 2025): Dr. Richard Stallman (RMS) to Give Keynote Talk
promotional video was uploaded
 
RMS 'Inauguration' in Montpellier (Government Administration) on January 20th
Happy hacking
Links 17/01/2025: TikTok Banned by the United Stated (SCOTUS Rejects Appeal)
Links for the day
Software Freedom Conservancy Inc (SFC) Makes It Obvious It's Just a Copycat Trying to Exploit or Leech Off the FSF's (and GNU's) Work
They swim next to the rich people (who "match")
Links 17/01/2025: Fentanylware (TikTok) Herds Its (Drug) Users Into Even More Harmful "Apps"
Links for the day
Likely Fake 'Article' About Linux Mint 22.1
BetaNews fired up its plagiarism machine (LLM)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 16, 2025
IRC logs for Thursday, January 16, 2025
Links 16/01/2025: Conflicts, Overpopulation, and Software Patents
Links for the day
[Meme] Lock-down With DRM Server/s (in a Nutshell)
Companies like Microsoft and Apple have a 'God complex'
Richard Stallman's Talk This Coming Monday (European 'Tour')
bunch of talks in Europe
Total Lock-down Ambitions - Part II - Down to the Very Core, Including the Hardware (CPU, GPU, Peripherals, and More)
instead of distinguishing themselves and antagonising these broadly reviled "antifeatures", both Canonical and IBM decided to join Microsoft in advocating lockdown
FSF, Guardian of the GNU Project, to Reach $400,000 in Winter Fundraiser Ahead of 40th Anniversary
The GNU Project Turns 42 later this year
Links 16/01/2025: "Meduza, IRL" and the Clock is Ticking on TikTok in the US
Links for the day
Gemini Links 16/01/2025: Yesterday's Gone, The Hour of the Dragon by Robert E Howard
Links for the day
Computer Users Aren't Zoo Animals
Animals don't belong inside cages in zoos, either
Links 16/01/2025: Scale and Scope of Microsoft Layoffs Revealed (Two Waves of Layoffs in 2025 Already)
Links for the day
Gemini Links 16/01/2025: Meta Has a Pixelfed Problem and Space Time Scoping
Links for the day
Anti-Linux 'Articles' in linuxsecurity.com (Guardian Digital, Inc) Are Composed by Bots, Probably Microsoft's
linuxsecurity.com has become a mindless stream of LLM slop
"New Year, New Career"
published a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 15, 2025
IRC logs for Wednesday, January 15, 2025
If You See Many Microsoft Puff Pieces That All Say More or Less the Same, Consider the Possibility That Microsoft LLMs 'Wrote' Those
There are also many phantom fake 'reports' about Microsoft in relation to some "hey hi" (AI) things
[Meme] The Crybully
Crybullies shrug
IRC Logs Complete in Geminispace (Even in GemText Format!)
We still envision ourselves - a community of justice-seeking enthusiasts - as a multi-protocol platform, not just some ordinary Web site
It Was Only a Matter of Time
We're going to pursue justice
[Meme] "Well, He’s Dead So," Bill Gates Tells the Media (Which He Pays) About His Close Friend Jeffrey Epstein
Does the police in San Francisco cover up crimes instead of solving them?
The Rumour Was Right, Today is the Second Large Wave of Microsoft Layoffs in 2025
It has only been two weeks since the year began
The Free Software Foundation (FSF) Has Had a Good 2025 Already (Its "Year 40")
FSF will reach $400,000
[Meme] Not About How Many Locks One Adds
Some people try to point their fingers in all the wrong directions now that a new patch is available for rsync
Total Lock-down Ambitions - Part I - DRM and TPM Need Not be the Future of Computing, There's Another Way
Who is being restricted? Us, the users.
[Meme] His Existence is Proof It's Not Infeasible
We salute the FSF's original mission
New Upcoming Series About DRM and TPM
We'll do our best to name and explain some of the alternatives that are still available
Links 15/01/2025: Efforts to End Wars and 'Newsflation'
Links for the day
Gemini Links 15/01/2025: Abandoning Windows for GNU/Linux, SIS Progress Update
Links for the day
Links 15/01/2025: Social Control Media Spreading Lies, TikTok Banned in 4 Days
Links for the day
More Microsoft Cuts and Layoffs (Microsoft Media Mole Jordan Novet Tries to Float "Hiring Freezes" Spin After the "Headcount" Spin Failed)
As one might expect...
Microsoft Breaks Linux Again
Does it even care? It's selling Windows.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 14, 2025
IRC logs for Tuesday, January 14, 2025