Bonum Certa Men Certa

Professor James Bessen Presents the Case Against Software Patents After Important SCOTUS Ruling

SCOTUS and apartment



Summary: The debate about software patents in the Unites States continues, with academia on one side and greedy patent lawyers on the other

Vox has published a new article titled "The case against software patents, in 9 charts". It was authored by James Bessen, a professor widely known for his well-researched publications which show that software patents are bad (for the economy, for science, and just about everything except patent lawyers and monopolies or trolls). Recently, the decision from SCOTUS led patent lawyers to deep denial, trying to pretend that nothing has changed and that software patents are as valid as before. These so-called 'law' firms have their own agenda. The Webb Law Firm wrote: "Alice Corp. v. CLS Bank International [PDF] is the last of several patent law cases decided by the US Supreme Court in its October 2013 term. While the decision has generated considerable speculation questioning the future of "software patents," conclusions on the scope of patent-eligible subject matter will have to wait."

Wait for who? Lawyers?

Moritt Hock & Hamroff, another so-called 'law' (technology monetisation by bureaucracy) firm wrote: "Patent eligibility, up until a few years ago, was even easier. Basically, anything new under the sun made by man (or woman) was patentable. That has now changed. Eligibility excludes from patent protection some obvious exceptions such as laws of nature and mathematical ideas. For example, you can't get a patent on Maxwell's equations. How would you enforce such a patent? But you can get a patent on a new application of Maxwell's equations. A less-developed exception to patent eligibility is the concept of an "abstract idea." Such abstract ideas are not patentable. Here's the problem, what is "abstract"? What test do we use to determine whether an invention is an abstract idea? And what level of abstraction do we look at?"

This seems like a more rational analysis than the previous one. Here is an analysis from lawyers who alluded to the European law. To quote a fraction:

It is not possible to obtain a patent in Europe for a program for a computer "to the extent that a patent or application for a patent relates to that thing as such". In the United States, however, that has not been the case and this has proven a fruitful source of dispute in the Courts. This may be about to change.


The danger is that patent trolls from the United States (and especially from Texas where Daniel Nazer says they like to hang out in for patents [1] if not other ludicrous causes [2,3]) will one day land in Europe, due to a sort of unification of patent laws. Right now we can only hope that the US will work to eliminate software patents for good, pushing back against a European trend of gradually legitimising such patents.

Related/contextual items from the news:


  1. Why Do Patent Trolls Go to Texas? It’s Not for the BBQ
    There is a lot in our current patent system that is in need of reform. The Patent Office is too lax in granting patents. Federal Circuit case law has consistently favored patentees. Another part of this problem is the forum shopping by patentees that leads to a disproportionate number of cases being filed in the Eastern District of Texas.

    Back in 2011, This American Life did a one-hour feature called “When Patents Attack!” The story included a tour of ghostly offices in Marshall, Texas, where shell companies have fake headquarters with no real employees. For many people, it was their first introduction to the phenomenon that is the Eastern District of Texas, a largely rural federal court district that has somehow attracted a huge volume of high-tech patent litigation.


  2. Tor Embroiled in $1M Revenge-Porn Lawsuit
    A Texas lawyer intent on shutting down Pink Meth, a site known for facilitating revenge-porn, has named the Tor Project in a lawsuit claiming at least $1 million in damages. The inclusion of Tor apparently was based on a statement on Pink Meth's site that thanks the project for enabling users' anonymity. "Once we verify that they're not helping Pink Meth, we will dismiss them," the lawyer said.


  3. Anonymity Network Tor Sued For Allegedly Protecting A Revenge Porn Business
    Tor, which offers encrypted software and an open network of protected communications, has been sued in the state of Texas over a revenge porn website that used its free service.




Recent Techrights' Posts

Recent Site Changes and Looking Towards 2026
In November 2026 we turn 20
Mozilla Firefox is Probably Already Below 2% in the UK (United Kingdom)
LibreWolf identifies as "Firefox" by default
When You Don't Want to Tinker Much You Just Use GNU/Linux, Not Windows
With GNU/Linux upgrades are possible and, failing that, one can just back up the home directory and copy it "back into" the new OS
Coming Soon, the Next Chapter About the Crisis of the Open Source Initiative (OSI)
We're far from done
Expect GNU/Linux to Rise Sharply in China
But Red China won't trust Red Hat (IBM), which works for the Pentagon and keeps the "secret sauce" for its OS secret (just what Americans accused China of doing with its distros)
Gemini Links 16/03/2025: Threats to Canada and How to Process News Online
Links for the day
 
Slow News Cycles Are Part of a Trend, Technology Gravitating Towards Rich People's Interests
This issue isn't limited to the Web
Facebook REALLY, REALLY, R E A L L Y Does Not Want You to Read This Book
It would be a CRIME to read it
Illuminating Microsoft's Code of Conduct (CoC) Hypocrisy
Oppressor victimhood? Leadership claimed by the worst offenders?
Planet Ubuntu - or Ubuntu Planet - Has an LLM Slop Problem (Called Faizul "Piju" 9M2PJU)
Does investigative reporting have any future at all?
Links 16/03/2025: Handwriting Comeback and "MElon’s Attack on U.S.A.I.D."
Links for the day
Gemini Links 16/03/2025: "Differences Distance" and "Dopamine-addicted Pigeon"
Links for the day
Links 16/03/2025: American Press Under Attack, "France Offers to Take in US Scientists"
Links for the day
Links 16/03/2025: Growing Tariff Hostilities and Social Media Surveillance
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 15, 2025
IRC logs for Saturday, March 15, 2025
Gemini Links 15/03/2025: Sleeping in March, Headless Raspberry Pi 4
Links for the day
Links 15/03/2025: Hey Hi (AI) Hype Waning, Microsoft and Apple Ridiculed for Vapourware
Links for the day
Many Reports About Microsoft Layoffs Are LLM Slop Based on Other LLM Slop (From Microsoft-controlled LLMs That Downplay the Layoffs or Give Badly Outdated Data)
The LLM slopfarms also dilute/derank actual news about Linux by pushing Microsoft Azure instead; it's a spamfest!
When You Expose Corporate Crimes, Misconduct and Lies They Harasses and Troll You. Then You Write About the Harassment and Trolling and They Allege It's "All Personal".
protect women's safety
Gemini Links 15/03/2025: Bandcamp and DST
Links for the day
Links 15/03/2025: Albania TikTok Ban, No Skinnerboxes in Danish Schools
Links for the day
Sierra Leone: Android Up to Record Highs, Windows Falls to Record Lows of Almost 5% (15 Years Ago It Was 100%)
This is what happens when about 83% of Web requests come from mobile
Margarita Manterola (marga, Google) & Debian DebConf13 Swiss venue intrigue
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 14, 2025
IRC logs for Friday, March 14, 2025
'India Today' is a Slopfarm, Sometimes 'Covering' "Linux" With Slop Images
New example of pure BS
Gemini Links 14/03/2025: Grizzy Bear and Prime Beats
Links for the day
Links 14/03/2025: ProPublica Admitting That It Uses Slop (Foolish Move), RIP Mark Klein
Links for the day
Windows is Fast Becoming Insignificant to Zimbabweans
based on this survey, less than 1 in 6 Web requests may originate from Windows
Rumours of IBM Layoffs Again, This Time Marketing
It's "bad marketing" to talk about layoffs
The Fall of the Open Source Initiative (OSI): The OSI Does Not Speak For You, OSI Staff Speaks for GAFAM/Microsoft (the Paymasters)
they speak for proprietary software companies, but they wear "open" on their sleeve
Microsoft Money Used for Abuse of Women and Against Journalism in Support of Women (the Victims)
"Never interrupt your opponent while he is in the middle of making a mistake."
Slopwatch: linuxsecurity.com and hamradio.my (in Planet Ubuntu) Are at It Again With LLM Slop About "Linux"
LLM slop does not save time
Links 14/03/2025: Chinese Tensions With Australia, Putin Turns Down Ceasefire
Links for the day
Gemini Links 14/03/2025: Löjl and Docker Context Stuff
Links for the day
Links 14/03/2025: Scam Currencies in the US and Oligarchs (Including GAFAM) Controlling All the Major Policies
Links for the day
Antisemitic Attacks on Richard Matthew Stallman (RMS) in Wikipedia This Week
Did the man strike a nerve or what?
Bluewashing Ends DEI at IBM and at Red Hat (HR or Hiring Become Gender- and Race-Neutral)
All that "whitelist is racist" stuff is likely a thing of the past
Links 13/03/2025: Intel Rotates Figurehead and South Korea Imports Karen People From Myanmar
Links for the day
Meanwhile at Microsoft Canonical...
Promoting proprietary surveillance by a company that actively attacks Linux in a lot of ways
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 13, 2025
IRC logs for Thursday, March 13, 2025