Bonum Certa Men Certa

As Expected, SCOTUS Decision on Software Patents Already Distorted by People With Pro-Patents Agenda

Patent lawyers fight to maintain artificial barriers

Border



Summary: Systematic distraction or obfuscation of the SCOTUS ruling, which basically rendered a lot of software patents utterly useless in every court in the United States and abroad/at the border (ITC)

WE SAW THIS after the Bilski case. We saw it many times after that. Lawyers try to shape the truth based on their own preferences. That's what they do for a living. We must counter them before they successfully change the nature of this whole debate.



Various articles that we see coming from patent lawyers (and patent-centric publications) are an absolute disgrace, but this is precisely what we predicted would happen. Revisionism as such typically becomes necessary when there's a decision impacting their business. They turn their back on truth and start spinning, or lying by omission.

Remember that lawyers are good liars (or truth twisters), they are not necessarily judges, although judges too have their faults and occasional corruption. Their goal is not justice. They need to just lie on behalf of people (clients), or twist the facts not for the purpose of justice but for winning a case. That's their occupation by definition and the SCOTUS decision is seen as a threat to some of them.

We have been finding some more articles that we did not see in our fairly large/comprehensive press survey. Here is the EFF speaking about "bad patents" (the EFF prefers not to talk about "software patents" so much anymore, just like the Bezos/Amazon-owned CIAPost which speaks of '"bad" patents'). There is also some analysis from eWeek, IP Watch, and pro-Android circles.

The corporate media's coverage [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12] was mostly OK (sticking to the facts rather than twisting them), but there's already spin from patent lawyers, such as this article by James M. Singer from Fox Rothschild LLP. Its headline states "Supreme Court Delivers Blow To 'Abstract' Software Patents, While Stating That Software Still Can Be Patent-Eligible" (the latter part conveys bias).

Here is another example of distortion, with the headline "Supreme Court blow to software ‘patent trolls’". It's a weird type of spin, similar to "US Supreme Court squares up to software patent trolls with stricter rules" (from Microsoft-friendly site). Well, the ruling does not say anything about trolls, it speaks about scope. Here is a headline that says "US Supreme Court deals major blow against software patents and patent trolls", again introducing a discussion about "trolls" where none really existed. SCOTUS dealt with patent scope, so to twist/shape this into something else is simply inadequate.

Watch how Microsoft booster Richard Waters twists the facts, by going with the deceiving headline "Software patents survive US Supreme Court test". This lousy journalist is a longtime Microsoft spinner (who told lies) and he has just told readers the very opposite of what happened. Richard Waters makes the Financial Times look no better than Fox 'news' (AP and CNN did get it right this time).

Now, watch how a typical lawyers' firm approaches the subject of software patents or business method patents. A patent lawyer from Stuart Meyer, Partner, IP Group, Fenwick & West LLP pretends there is a lot of uncertainty after the decision, which is a common technique for preserving the status quo (pretending that a ruling changed nothing at all due to lack of clarity). It is very clear what SCOTUS has just done, but prepare for patent lawyers all around the world to storm and press and do some revisionism.

The SCOTUS decision would do more to help than all those so-called 'reforms' that achieve nothing serious, except perhaps the claim that something has been done (a distraction).

Another lawyer, Matt Levy , continues to divert attention to patent trolls. To quote his latest analysis: "Yesterday, the Supreme Court released its final patent opinion of the term, Alice v. CLS Bank. This case should help clarify the patent eligibility of software, and improve patent quality, but we’re still going to need patent reform legislation to really fix the problems in the patent system that are exploited by patent trolls."

Nonsense. As many trolls use software patents, it is scope we should be striving to change. Some very large trolls like Microsoft would not be impeded by a reform that deals with small "trolls". Patent Progress, the site of Levy, always focuses only on trolls; perhaps his goal is not to get rid of software patents but to merely change the landscape of litigation. Here he is speaking about trolls, including Intellectual Ventures, conveniently failing to mention the company behind it or that company's record of racketeering with patents. "And earlier this week," said this one post. "Matt Levy explained why the demand letter bills are insufficient to fix the patent troll problem."

Matt Levy should be doing more to tackle software patents. The same goes for Steph from this trolls-focused site which asks: "You know what the biggest problem with patent trolls is? Oh sure, it’s that they cost companies buckets of money and stifle innovation by shutting down start ups. Those are bad, of course, but the real tragedy here is that they make people like Chris Hulls call someone a “piece of shit” and then look stupid in the process."

The focus on trolls is the reason we stopped covering patent issues for nearly a year. Here we have an important decision regarding software patents, but people who claim to be pursuing "patent progress" carry on talking about trolls, as if they simply fail to see the broader issue and the ultimate solution to spurious litigation.

Recent Techrights' Posts

"Governments, local authorities, schools and hospitals can lead by example by procuring only Free Software"
Crossposted from Tux Machines
Cindy Cohn Leaving the Electronic Frontier Foundation While Its Co-founder John Gilmore, Whom She Apparently Helped Oust, Will Celebrate 40 Years of the Free Software Foundation, Inc.
EFF has been busy hoarding GAFAM money, whereas the latter is where all the real activism is done
"Google is Googlebombing KDE's Project Banana"
So is Google googlebombing KDE's Project Banana? You decide.
Some Very Large IRC Networks Are Growing
IRC will turn 38 next year
What Ruben Amorim and Stefano Maffulli Have in Common
Censors Wikipedia and Social Control Media
Microsoft Won't Cooperate in Trying to Tackle EPO Corruption (Microsoft Profits From This Corruption)
Use something like BigBlueButton, Jami, Ring, and Jitsi instead
We Are Sad to Hear the Story of Jonathan Riddell, Champion of KDE and GNU/Linux on Desktops/Laptops
I have enormous respect for Jonathan and everything he has done
 
Taking Out the Battery, Opening Up Your Computer, Just Like a "Normie" Would
At this stage, any person who still says "enable Secure Boot" is misguided or persuaded by companies that sell rootkits
Slopwatch: Serial Sloppers and Slopfarms Still Infesting Google News (Fake 'Articles' About "Linux" Spreading FUD)
searching for "Linux" today yields a lot of FUD
The Reach of Techrights Has Broadened
We nowadays cover a broader range of issues
Complicating Things for No Actual Benefit, Just Added Risk and More Difficulties Adding GNU/Linux and BSDs
Watch what it's like for people who wish to use BSDs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 15, 2025
IRC logs for Monday, September 15, 2025
Links 16/09/2025: Autumn Party, RPG Planet, and Optical ROOPHLOCH
Links for the day
Geminispace Growing at Pace of Over 10% Per Year
Contrary to what some pessimists try to claim
Linux Mint Forums Today: Disable 'Secure Boot', It Doesn't Improve Security, It's Just a Microsoft Obstacle to GNU/Linux Users
They also mention MOK
Solved Less Than an Hour Ago: Trying to Escape Windows, 'Secure Boot' Gets in the Way
'Secure Boot' wasn't meant to even exist in the first place
Stefano Maffulli, Executive Director of the Open Source Initiative, Resigns or Gets Removed (We'll Continue Covering OSI Scandals)
A dozen mentions of "AI", not much about "Open Source"
Andy Has Just Nailed It (Regarding Complexity and Failure, a la UEFI)
The users no longer own or control what they buy
Compatibility Support Module (CSM) Versus GNU/Linux Simplicity
what Andy recently called "solutionism"
Links 15/09/2025: "Postal Traffic to US Down by Over 80%" and 'Smart' Spinozacampus Laundry Room Goes AWOL
Links for the day
Gemini Links 15/09/2025: Dungeon Hustle and Deleting Oneself From the Net
Links for the day
Breach of EPO's Duty of Care or Cigna Reimbursement Issues
This is the sort of thing that motivated Luigi Mangione to assassinate a CEO
Ask Ubuntu About "Secure Boot" Violation and Laptops That Don't Boot GNU/Linux
Does anyone still believe that "Secure Boot" has anything at all to do with security?
Talking About the Problem vs Talking to the Problem
Wanting an audience is never a good excuse for compromising one's values and principles
Focusing on Patents
The reason we cover the EPO so much is that it's close to home
"Secure Boot Violation": The 'Joys' of Fake Security Gone Wrong
Not everyone reboots every day
Links 15/09/2025: Russia Invades Romanian Airspace, Penske Media Sues Google Over LLM Slop
Links for the day
Links 15/09/2025: Bitcoin ATMs Scam and "Conservative Cryptography" (Backdoors Fantasies)
Links for the day
EPO Imitates Microsoft: "Three Days or More Per Week" Inside the Office to Get a Desk to Work on; "the Office Breaches Its Promise Towards Staff and Acts in Breach of Its Duty of Care"
The EPO serves no actual function in Europe
Links 15/09/2025: Political Affairs, Censorship, and Copyrights
Links for the day
Gemini Links 15/09/2025: Music Genres, Invisible Networks, and Akademy 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 14, 2025
IRC logs for Sunday, September 14, 2025
Satya's Plan B: Try to Hide the Massive Extent/Scale/Scope of Microsoft Layoffs
fewer people buy Microsoft
Red Hat News About De Facto Mass Layoffs (Bluewashing) Gone From Reddit (Censored by Gatekeepers), Still Online in The Register
With RTOs, PIPs, relocation etc. expect IBM to "shed off" many Red Hatters
UEFI "Secure Boot Doesn’t Play Nice at the Moment"
UEFI "Secure Boot" does not improve security. It's an artificial obstacle in service of monopoly.
Gemini Links 14/09/2025: ROOPHLOCH, Music, and Reddit
Links for the day
If You Want to "make your 'Windows PC' lean, mean, and fast" You Will Install GNU/Linux or Some BSD
That kind of article says a lot about IDG
Slopwatch: Google News Infested With Slop (About Half of the Results for "Linux" Today)
This is the sort of junk one finds when looking for "Linux" in Google News these days
Links 14/09/2025: Ricky Hatton Dies and McDonald's Declares War on Tipping Culture
Links for the day
Links 14/09/2025: Disasters for CEOs Obsessed With Slop and Slop Companies School Like Fish
Links for the day
"Bad Shim Signature" (Microsoft 'Secure' Boot)
"Fresh install not booting"
What Microsoft Garrett and Microsoft Lunduke Have in Common
Similar tactics, different "wings"
Links 14/09/2025: US "Economy Sagging", "Michigan Economy Wobbles From Tariffs"
Links for the day
Gemini Links 14/09/2025: Minimalist Snippet Manager and Omarchy Linux
Links for the day
The Face of the Digital Far Right: Microsoft Lunduke
Microsoft Lunduke is an online extremist that belongs to and panders to the far right
20 Years Later and Academia Isn't the Same
"I never dreamed of being a professor"
'Cancel Culture' by the Right: Microsoft Lunduke Contacts People's Employers Trying to Get Them Fired
Microsoft Lunduke panders to extremists online
"Bad Shim Signature"; So 'Secure' That It Overrides Users' Preferences and Turns Itself Back on (Coercive Measure)
This was a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 13, 2025
IRC logs for Saturday, September 13, 2025