Bonum Certa Men Certa

The Reality Distortion Field of Patent Lawyers Helps Impede Abolition of Software Patents

Warped perspective

Shopping street



Summary: How widespread coverage and talking points from the tiny minority which is patent lawyers have contributed to biased and at times utterly distorted reporting on the subject of software patents around the world

Skewed coverage is not so exceptional. Depending on one's background and peers one shapes his or her views of the world. A programmer likes to develop software. A patent lawyer loves turning ideas into a formalised description of a process, sometimes acquiring a state-imposed monopoly on these ideas. In certain states (or continents) the patent lawyer may have to cheat a little in order to bypass limitations on the scope of monopoly. Not many places grant a monopoly on the process of computation for instance. It is about as concrete as one's brain, where the brain is the equivalent of computation machine and the programming the equivalent of neural signals. In recent years patent lawyers have sought to solidify a loophole whereby all programming 'recipes' get accompanied by a computation device, even though a computer program can be run in one's brain, perhaps with the aid of pen and paper. When the law on patenting excludes patents on software "as such" it generally means that patent lawyers just need to disguise software patents as something which they are not. This leaves plenty of room for battle over interpretation and therefore there is a multitude of views, where nobody quite agrees if software is patentable or not. It is the role of real journalists to distinguish between the views of patent lawyers (or their clients who are often managers of large corporations) and the views of software professionals. Since most judges are former solicitors it is expected that the former group will appeal to them, so where does it leave the press? Who is left to listen to the latter group? Certainly not the business press, whose interests are more closely aligned with those of large corporations. This post is a complete (not selective) summary of all the articles we saw generated by key events in 3 continents, showing that: 1) patent lawyers dominate the media on these matters and 2) the views of patent lawyers are very consistently in favour of software patent, as one ought to expect. This reduces certainty over the impact of rulings, bills, and parliamentary actions which clearly limit or altogether ban software patents.



"It is about as concrete as one's brain, where the brain is the equivalent of computation machine and the programming the equivalent of neural signals."The EU has much greater problems than patents at the moment, so not many people pay attention to software patents in Europe. These defy the law and they increasingly hurt software developers who are based in Europe. Interestingly, many of these patents are not even granted to European entities.

The government in Germany recently took steps against defiance of common patent law, so patent lawyers' sites like IAM tried to portray those who reform/uphold the system as "pirates". This type of characterisation continues, demonstrating to us just how venomous an element patent lawyers can be. They can be rude, not just deceitful for an agenda. Some of IAM's stuff, as we covered it before, percolates onto other lawyers' sites, helping to portray NZ's exclusion [1, 2] of software patents in the relatively small island as some kind of illegitimate move. Other law-themed sites like Lexology asked about the NZ Patents Bill, "how will it effect software patents in NZ?"

The Bill is clear about it. It is not equivocal about it, the loophole that remains in the law set aside. Another article from the same site of patent lawyers helps shed doubt about the CAFC's criticism of software patents in the US [1, 2, 3].

"The bottom line is, in the EU, NZ, and the US the patent lawyers continue to be instrumental in reality distortion field."The headline says "Federal Circuit fails to clarify software patent eligibility" and this influences the business press which goes with headlines like "Patent Court Torn on Whether Software Deserve Patents". Another pro-'IP' site asks, "How CLS v Alice affects software patents" (the content deviates from the openness of the question).

Other lawyers who lobby for software patents say in their headline that "Federal Circuit deals blow to software patents, but fails to provide cohesive rationale" (criticism for expressing such a view).

A site that calls itself "Law Review" goes further than all the above by rushing ahead with the pretentious, poorly-thought out headline "Massive Growth in Software Usage the Real Reason for More Software Patents, Not Abuse" (very illogical statement of course, something along the lines of "many cockroaches give reason for breeding them," as if quantity implies desirability).

The bottom line is, in the EU, NZ, and the US the patent lawyers continue to be instrumental in reality distortion field. We should take with a grain of salt what's the result of seeding disinformation; think afresh based on the actual evidence. Software patents have been dealt a large blow and if this trend continues, patent lawyers' spin aside, we might see them going away some time in the foreseeable future. Popular view is strongly against them, suggest polls even in the US.

Recent Techrights' Posts

Parties and Milestones Again
we've begun putting up about 40 balloons
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
 
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete
Links 26/10/2025: Microsoft Spies on Gamers, Open Transport Community Conference
Links for the day
Links 26/10/2025: LLM Slop / Plagiarism Programs Continue to Disappoint, CISA Layoffs Threaten Systems
Links for the day
Gemini Links 26/10/2025: Gemsync and Joining the Small Web
Links for the day
India.com a Click-baiting, SEO-Spamming, Slopfarming Heap
They do this almost every day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 25, 2025
IRC logs for Saturday, October 25, 2025
Without XBox Consoles, XBox is No More, It's Just a Brand (More Rumours of Microsoft Ending XBox, Then Laying Off Lots of Staff)
All signs indicate that Microsoft wants to "exit" the XBox business (not brand), but it does not want to publicly admit this as it would alarm staff and shareholders