Bonum Certa Men Certa

New Optimism in the Age of Doubt Over Software Patents

Marching against software patents has finally paid off

Marching



Summary: As the tide turns against software patents, even in their country of origin, their opponents come out of the woodwork to celebrate

The CAFC, which brought software patents to the world (starting in the US), is now a disgraced and gradually-weakening institution because of scandals. Its legacy too -- including software patents -- is now in a state of disarray.



There are real changes afoot. The patent debate around around the world has quickly shifted (or been shifted) so as to focus again on software patents. Last year and the year before that the debate shifted from software patents to patent trolls after giant corporations had lobbied for a change that benefits only them. That was when we stopped covering the topic. We nearly gave up.

In Thailand, patent lawyers from this law firm called DFDL choose to focus on trolls and make the following observations about Tesla's PR stunt and about patent scope in Thailand:

Yet perhaps Tesla’s is a unique case, and one motivated by self-interest rather than altruism. For electric cars to occupy a prominent place in the world’s car markets there must be adequate infrastructure to support them (eg charging stations), consumer acceptance of the product and the unit costs of production must decrease. By providing their intellectual property to competitors Tesla may have decreased its potential market share, but it has increased the chances of there being a viable market at all.

The last troll you saw was probably in The Hobbit. But patent assertion entities, better known as “patent trolls”, are more threatening to your way of life than their mythical brethren. Patent trolls are in the business of buying up broad patents for the express purpose of suing infringers to obtain settlement payments or licensing fees. They neither produce nor invent anything, and they add to the costs of doing business for those who do. For example, an alleged patent troll has claimed that it has a patent that covers serialised downloadable podcasts and it is suing several of the top podcasting entities. The problem generally relates to software patents, and whether what is arguably just an abstract idea should be patentable. The big battle is currently occurring in the US, in the small, patent-troll friendly jurisdiction of Marshall, Texas, in particular. But the problem is global, which is another reason that the granting of patents requires careful consideration in each jurisdiction.

[...]

What isn’t patentable? Under Section 9 of the Patent Act, inventions are not patentable if they are (i) naturally occurring in microorganisms and their components; (ii) scientific or mathematical rules or theories; (iii) computer programs; (iv) methods of diagnosis, treatment or cure for human and animal diseases; and (v) contrary to public order, morality, health or welfare.


This article focuses on trolls more than it focuses on software patents, but it towards the end mentions patent scope as well. It is important that we do not lose sight of the real problem. It seems like the real enemy now is lawyers and lobbyists (of large corporations), to whom the debate about patent scope seems like a threat. They try hard to dodge the subject and divert attention to phantom enemies.

An article posted by Groklaw on Sunday, which recently became active again (see "Groklaw Stirs from its Deep Sleep"), covers new scope limitations at the USPTO, inspired by a case that Groklaw covered for a long time. Dennis Crouch writes: "Based on information from several sources, it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility and is particularly re-examining all claims for eligibility grounds prior to issuance. This is most apparent in technology centers managing data-processing inventions classes (Classes 700-707)."

Pamela Jones, speaking online for the first time in about 8 months, writes: "Ask yourself: when the Alice Corp. case was first decided, is this outcome analysts told you to expect?"

The smiley face after that shows that Jones is happy. There are many victories these days, not only loses (to privacy, free speech and so on).

"I hope PJ comes back," wrote a reader to us, "but it is more likely that she might be continuing just the NewsPicks."

Recent Techrights' Posts

WebProNews is a Slopfarm
Please avoid linking to WebProNews
Another "Told You So!": XBox Mass Layoffs at Microsoft (Many Recent Reports Were Chaff and Spin), Many Other Divisions Affected
With mass layoffs at Microsoft the world would be much better
When the Microsoft Aggressors Rely on Several Law Firms ('Attack Dogs', 'Guns for Hire'), Not Just One, Lawyering Up Against Techrights (Acting on Behalf of Americans Against UK Publishers)
From serving customers at some restaurant he has moved on to bullying people with demand letters
Polygamy, from Catholic Synod on Synodality to Social Control Media & Debian CyberPolygamy
Reprinted with permission from Daniel Pocock
 
What is "MATA"?
Think of it as GAFAM or "Meta"
Moral Duty for "Linux Sites" to Speak Out Against LLM Slop
My wife has long complained about "Linux bloggers" keeping quiet and thus passive about a growing problem: slop
In Recent Hours Google News Promoted at Least 3 Slopfarms That Relayed Linux Foundation Propaganda Made by Bots or LLM "Bullshit Generators" (as Dr. Stallman Dubbed Them)
Google is circling down the drain and Google News too is hopeless
Linux Journal is a Slopfarm, It's Experimenting With LLM 'Authors'
Is Slashdot next?
Microsoft LinkedIn is Dying and Many More Layoffs Are on the Way
LinkedIn is just a failed acquisition of Microsoft. It causes losses and debt.
Gemini Links 25/06/2025: Combinatorial Music and Self Hosting
Links for the day
Richard Stallman Coming Back to Europe This Autumn to Give More Talks
His last talk in Europe attracted about 400-450 people
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 24, 2025
IRC logs for Tuesday, June 24, 2025
Social Control Media, Technology & Catholicism: Synod on Synodality review and feedback
Reprinted with permission from Daniel Pocock
How Many More Women Will Managers at Microsoft Strangle and Tell to Kill Themselves (or Try to Kill)?
The world needs to know what happened
The New BetaNews: 7 New 'Articles', All of Them LLM Slop
BetaNews is basically defunct. Nobody writes there anymore.
statCounter Estimates Only 1 in 300 Iranians Would Use Microsoft for Search
Iranians don't quite trust Microsoft
Gemini Links 24/06/2025: ftpd on FreeBSD and Online Small Web Magazine
Links for the day
Google News Does Great Harm by Promoting Slopfarms as Legitimate News Sites
Slopfarms are sites which are 100% LLM slop
Links 24/06/2025: Trouble at "Open" "AI" and ‘Siarhei is Free’
Links for the day
Gemini Links 24/06/2025: Stimulants and Subscription Costs for DRM
Links for the day
Links 24/06/2025: OpenAI [sic] May Soon Die (Too Much Debt) and Social Control Media Accused of Being Misinformation/Disinformation/Propaganda Amplifier
Links for the day
Nirbheek Chauhan in Planet GNOME Explains Why Wayland Pushers Are Losing
"A strange game. The only winning move is not to play."
Only a Third of or 1 in 3 Web-Connected Devices is a Desktop or Laptop, According to statCounter
we can expect Android to widen its lead
The Days Are Getting Shorter, the First Half of 2025 is Almost Over
We're gratified to see significant increase in traffic and also positive feedback on the work we do
Turning GNU/Linux Into a Political Football
X (not the site) is Free software
X Server Still Works for Many People
A lot of people will grow suspicious of Wayland boosters/pushers if they persist and insist on using these tactics
Exactly a Week Ago "BetaNews Staff" Said "Betanews Is Growing Alongside You". Since Then Every Article (All by "Camila Nogueira") Has Been LLM Slop.
BetaNews is basically a slopfarm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 23, 2025
IRC logs for Monday, June 23, 2025
The "Tarzan Effect" in Compilers and Software
What happens when you forcibly make things 'work', either by hacks or by disregarding warnings (like those that compilers tend to issue)?
Gemini Links 23/06/2025: Mass Tourism, Hair Love, and Google Gemini as a Googlebomb
Links for the day
Law Firm Burgess Mee Does Not Fully Deny Participating in Abusive Litigation for Serial Strangler From Microsoft
I am not unfamiliar with these tactics
The Modus Operandi of Wayland Pushers: Make It Political
do what I say or you're a nazi...
Links 23/06/2025: RFE/RL Contributor Vladyslav Yesypenko Released, Recording Industry Cutbacks
Links for the day
Brett Wilson LLP Solicitors (M): Over 99.9% of Our E-mail is Self-Marketing, We Send You 3.5MB E-mails for Less Than 1KB of Text
Why would tech people entrust legal matters to such people?
Peter Moon's (Computerworld) Interview With Richard Stallman
Stallman: If you want freedom don't follow Linus Torvalds
At What Point Does Outsourcing Constitute Malpractice?
Brett Wilson LLP's new staff page is misleading
United Arab Emirates (UAE) Sailing to GNU/Linux, According to statCounter
countries in that region will quickly learn the price of neglecting digital sovereignty
From Do Your Own Research to Do Your Own Search
The Web is full of garbage; search engines amplify this garbage
More People Moving to Geminispace?
at age 6+ Gemini Protocol seems to have gained some maturity and it seems like more people use it
Permutation in LLMs Does, Inevitably, Change Meanings and Therefore LLMs Cannot Properly Rephrase or Summarise Texts
LLMs lack actual grasp or comprehension of what they spew out
Links 23/06/2025: Many Security Breaches, Population Declines
Links for the day
Gemini Links 23/06/2025: "America at the Crossroads" and OpenWRT Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 22, 2025
IRC logs for Sunday, June 22, 2025
Pure Dove
Different means different, and sometimes those who "deviate" from "the norm" have a point
Censorship is a Sign of Weakness Which Invites More Censorship Attempts
revolutionaries don't succumb to pressure from bullies
Why It's Unlikely That LLM Slop Will Dominate the Web in the Long Run
Slopfarms will eventually perish (they have no actual value) and "survivors" on the Web will be sites that never depended on search engines and social control media
GNU/Linux in Argentina Now Measured Near 5%
Like in central Europe, they must be seeing an increasingly hostile US
BetaNews is Fake News, Composed by LLM Slop
nothing in BetaNews is written by humans anymore