Bonum Certa Men Certa

No Such Thing As a "Bad" Software Patent, They're All Bad

Joel_Spolsky
An image by D. McGinnis
Creative Commons Attribution-Share Alike 2.5 Canada licence



Summary: Joel Spolsky et al. advance the notion of "bad" software patents, shifting the debate about software patents to 'quality' rather than scope

Fred Wilson, a VC who opposes software patents (he has opposed them for years for business reasons), says that famed developer and writer Joel Spolsky is going after a patent of his former employer (Microsoft), putting an end to it:



Yesterday Joel Spolsky, Stack's CEO, wrote a great post about how he used Ask Patents to squash a bad software patent applied for by Microsoft.


Here is the original post which says: "The other 40,000-odd software patents issued every year are mostly garbage that any working programmer could “invent” three times before breakfast. Most issued software patents aren’t “inventions” as most people understand that word. They’re just things that any first-year student learning Java should be able to do as a homework assignment in two hours."

But that seems to leave room for exceptions, as if some software patents are "OK". And that's not okay...

The trend-setting media echoes Spolsky, calling it one of "the best sentences we read today". To quote:

The other 40,000-odd software patents issued every year are mostly garbage that any working programmer could ‘invent’ three times before breakfast.”


Actually, all of them are garbage and should not have been granted. This whole notion of "Bad Software Patents" (classifying others as "Good") can be found in the Forbes blog of an author we rarely agree on, this time writing about "Crowdsourcing The Fight Against Bad Software Patents". Guess who inspires this false classification:



The basic problem is that the USPTO grants waaay too many patents on software, patents that don’t actually accord with the basic principles of what is necessary before a patent is justly granted. These two are that the invention must be novel and that it be non-obvious. If, just as an example, there are four wheeled cars, three wheeled, and motor bikes with two, there are also cycles with four and two wheels, then the idea of a three wheeled cycle is pretty obvious. Arguably a patent application for the tricycle would fail. The novel part is usually worked through by looking for prior art. Essentially, evidence that someone had descibed or even made something similar before. And prior art can come from anywhere. It wasn’t possible for anyone to patent the geostationary satellite because Arthur C Clarke described it in some of his popular science writing.


Actually, the problem at the USPTO is that it grants software patents, not that it grants "too many" software parents. It is important to pay attention to those who legitimise software patenting while pretending to be against them. Scope is the real issue, not scale of plaintiffs or 'quality' of particular software patents.

Recent Techrights' Posts

Inviting the Founder of GNU/Linux to Events (It Only Costs His Travel Expenses) and Recalling the True Origins
It's reassuring to see belated recognition
The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
 
Links 17/05/2025: Microsoft Kills "Surface Laptop Studio" (More Canceled Products/Units), Groups Caution About Harms of Social Control Media
Links for the day
Gemini Links 17/05/2025: Sympathy Algorithm and SSH on Alternative Ports
Links for the day
Slopwatch: Microsoft's Anti-Linux Propaganda and Cover-up, Slopfarms Clogging Up Google News
slop-tracking activities that observe googlebombing of "Linux"
AstroTurfing by IBM in thelayoff.com is Highly Risky (and Likely Outsourced)
Microsoft did this in Reddit (and got caught), so why won't IBM too?
Links 17/05/2025: Stabber of Salman Rushdie Sentenced to 25 Years in Prison
Links for the day
Gemini Links 17/05/2025: Happier on Gemini and Manipulating Reddit
Links for the day
ComEd and Microsoft: A Mess of Spaghetti Held Together By Circus Clowns
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 16, 2025
IRC logs for Friday, May 16, 2025
Links 16/05/2025: Microsoft Sacks Pregnant Women, People Fired on Their Birthday; Adobe Censorship Failing
Links for the day
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025