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

Frequent Flyers of the 'Lolita Express' (Where Screwing Underage Girls is Big Business)
In the words of Bill's wife and mother of his 3 children
How "Open Source" Became Microsoft (But It's Actually Proprietary, OSI is an Openwashing Front Group Now)
They're still trying to rewrite history, but it's harder when Richard Stallman (RMS) is alive
Microsoft-Sponsored Inauguration as a Reminder to Boycott Microsoft
If you do not support what's happening politically right now in the US, then stop giving money (or anything else) to Microsoft
Fund-Raising for Initiative Introducing Teens to Free Software Instead of Junk Like Bytedance's TikTok
A crowdfunding campaign coming soon
The Fall of Corporate Media Controlled by Oligarchs Who Boost (or Are Compelled to Boost) Reckless Lies About the Poor While Normalising Rich People's Crimes
No wonder they have layoffs
 
Links 26/01/2025: Fentanylware (TikTok) Turns to Hype/Pyramid Scheme, Insurers Failed to Comply With Federal Law
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 25, 2025
IRC logs for Saturday, January 25, 2025
Gemini Links 25/01/2025: Plaintext Weblog Posts and Software Development
Links for the day
More Details Emerge About Upcoming Long-Rumoured Layoffs at IBM
Without leadership there's no coordination
Links 25/01/2025: Microsoft Chaffbot Offline and Advocacy/Dissent in China Muzzled
Links for the day
Bringing Down or Taking Down an Innocent Man is Difficult
One positive thing about all this is that we've come to witness (and meticulously document) how social control media works for the mob
Plagiarism at LinuxSecurity.com, Piggybacking Other People's Hard Work and Googlebombing "Linux"
They are googlebombing Google, and worse yet, they leverage bots to do this
Gemini Links 25/01/2025: Pictographs, Non-voters, and Frustrations
Links for the day
Links 25/01/2025: Microsoft Already Shutting Down Its UK "Experience Centre", "AI Deal" Linked to Atrocities
Links for the day
Red Hat is Required to Promote Microsoft's Proprietary Stuff and Even Produce Puff Pieces (Mindless Fluff) About It
Notice the aspect of bribed "media" or "news" or "press coverage" (pay-to-say)
The Limits of Freedom
This is generally not a new problem
IBM Layoffs (or Replacement With Low-Cost Labourers) Far Greater Than Reported by IBM
they serve to confirm what we've long said not only in relation to IBM but also Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 24, 2025
IRC logs for Friday, January 24, 2025
Rumour of IBM 'Bloodbath' in Clown Computing
Performance Improvement Plans mean one step ahead or before layoffs
Dr. Andy Farnell: "Richard Stallman Chose to Stand For the Rights of People to Use Technology as They Wish. He Chose Freedom Instead of Riches."
Keeping busy in public transport
(Live-)Stream of Richard Stallman's Latest Talk in Europe (No Longer Live)
The latest public talk and Live-Streamed schedule were announced early on for the public to know about
Gemini Links 24/01/2025: Drehgriffel, Computer Science and Capitalism
Links for the day
Microsoft Lost a Ton of Market Share in Web Servers Last Month (the Last Month of 2024) and Massive Losses Continue in 2025, Shows New Report
Microsoft down sharply
Richard Stallman is Already in India, Giving Talks About Microsoft Chaffbots and More
he's already giving some talks in India
Microsoft (Nick Vidal) and Co-opting "Open Future" With Microsoft-led "Open Source AI Definition" (Openwashing LLM Slop and GPL Violations)
Microsoft is tainting all sorts of groups via the OSI
Drunk on Chatbots, LinuxSecurity.com Spews Out More LLM Slop About "Wine"
They just keep googlebombing "Linux" and "Security" using slop
Gemini Links 24/01/2025: The "Hey Hi" Hype Continues Fading, Tesla/X/Twitter/SpaceX Associate With Nazism
Links for the day
Robbery at the European Patent Office (EPO), Office Staff as 'Prisoners'
publication from the Central Staff Committee, dated yesterday
Techrights in 0.036 Seconds
Combining Gemini and HTTP/S, yesterday we served an impressive number of requests
BetaNews Run by Plagiarism Bots That Googlebomb (for SEO) "Linux"
Google rewards and thus encourages plagiarism
Microsoft, IBM, and Front Groups That Advance Racism for Profit
IBM has profited a lot from racism and it still does
FOSDEM and 'No Nazis'
the issue isn't wealth but principles
IBM Titles Considered Worthless and Many IBM 'Fellows' Are Vanishing (Also: IBM Staff Inside Linux Attacks the Rights of Computer Users for Recognition or Rewards Like "Distinguished Engineer")
James Bottomley is still "a Distinguished Engineer at IBM"
Gemini Links 24/01/2025: "Social" Control Media is Unsatisfying; An Old Call for a Gemini Without TLS
Links for the day
[Meme] Levels of Outrage
Apparently it's hip for criminals to leverage "the law" to silence their exposers
Links 24/01/2025: Earthquake, Landslide, and Official Implicated in Airplane With Landing Gear Issues (Boeing Plane) "Found Dead"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 23, 2025
IRC logs for Thursday, January 23, 2025