Bonum Certa Men Certa

Lawyers' Propaganda About Software Patents and a New AstroTurf Entity Called Innovation Alliance

Summary: Patent propaganda and deception from patent lawyers (among other parasites such as patent trolls) continues to flood the Web, intersecting with reports that prove them totally wrong

Generalisations are never a good thing, but the vast majority of lawyers are greedy and self-centered. I can now say this based on personal experience (I will publish details later this year). The vast majority of them can only pretend to be something else (striving for ethics) and a small majority might actually be genuinely ethical. The typical lawyer's goal it to maximise profit, nothing else (unless it brings publicity, hence profit at some future date). Anything he or she would say (often verging on lies) is designed to align with this goal but must be disguised as something else. They're good with words. They love money. That's why they decided to go to law school.



"They obviously don't like to accept the reality that software patents are on the decline."Patent lawyers are probably worse than most lawyers because they typically serve businesses and rich people. And look at what they do; they help acquisition of monopolies. It's engagement in class war. They obviously don't like to accept the reality that software patents (monopolies on algorithms) are on the decline. That is why they use straw man arguments, such as tackling bogus arguments that software patents are now "dead" (they are not) or as yet another lawyer put it, "Software Patents are Only as Dead as Schrödinger’s Cat". Nowhere have we seen anyone claiming that software patents are dead, but this pro-software patents Web site finds such a straw man arguments useful. To quote: "The environment for patent applicants and examiners that has resulted from such inconsistent treatment of Alice by the USPTO is one in which neither examiners nor applicants have clear guidance about how the USPTO is interpreting and intends to apply the Alice decision. This makes it difficult for examiners to know whether and how to issue Alice-based rejections, and for applicants to know how to respond to such rejections. In this environment, software patents are not dead; instead, they are, like Schrödinger’s cat, in an indeterminate state, simultaneously dead and alive until examined by an observer."

That is at least a more balanced article than previous ones from the same site, which take for instance just software patents in specific fields (like banking). It's a lie by omission. They're being selective to generate propaganda in their headlines and ultimately they bamboozle the world.

There is a lot of software patents propaganda following the SCOTUS decision and the large share it comes from patent law firms, as we demonstrated months ago (we gave dozens of examples). Do not let them win the information war as they did after In Re Bilski. They want to redefine what's true.

Over in India, where software patents are definitely not legal, patent opportunists continue to pollute the press with ideas for patenting software patents and using them offensively, thanks to loopholes. Here is one ho says: "From both the cases, we can conclude that, patent rights may be enforced even though one of the elements in the claimed system or method is located outside the territory of the patent, provided that the beneficial use of the system occurs within the territory of the patent granted."

Here is the messenger's introduction:

About the author: Mr. Kartik Puttaiah has more than 17000 hours of experience in patent consulting.


On the other hand we have the strongly anti-software patents people, including Timothy B. Lee who published this long new series titled "Everything you need to know about software patents". Here are the parts of this series:

What are software patents and why are they controversial?

Are software patents legal?

Why do so many patent lawsuits involve software?

Are software patents needed to promote innovation?

Could the patent office do more to scrutinize patents after they've been granted?

Do other countries allow patents on software?

You didn't answer my question!


This is a good series and it helps explain where we stand. Sadly, however, Timothy B. Lee is being outweighed by a barraged of self-serving spam from law firms. That's what the press is saturated with, maybe outnumbering writers like Timothy B. Lee by a factor of 1:5.

Meanwhile, reveals Mr. Levy (patent lawyer), there is a new lobbying group misleadingly named "Innovation Alliance". It is actually a front for patent trolls and as Levy puts it, data does not back their claims, so they make stuff up:

The Innovation Alliance (an organization whose members include large patent trolls such as Tessera, InterDigital, and Qualcomm) has been pushing against patent reform in the name of the small inventor. They even have a Save the Inventor website set up. (And no, I’m not linking to it – you can find it easily enough.)

[...]

Patent reform does not make it harder for legitimate patent infringement suits. And should we really avoid helping 3,700 operating companies because about a dozen patent owners a year might be slightly worse off than they are now?

Seems to me it’s up to the Innovation Alliance to prove there’s really an invention-copying problem before we derail attempts to deal with patent trolls.


As Simon Phipps from OSI points out, patent trolls are now feeling the pinch because software patents (their typical ammunition) are on the decline, which of course helps the Free software world and empowers OIN, too. It definitely is very bad for patent lawyers. Whatever is bad for patent lawyers is usually good for society (if not always). What does that say about patent lawyers?

Recent Techrights' Posts

The Fall of Corporate Media Controlled by Oligarchs Who Boost (or Are Compelled to Boost) Reckless Lies About the Poor While Normalising Rich People's Crimes
No wonder they have layoffs
Rumour of IBM 'Bloodbath' in Clown Computing
Performance Improvement Plans mean one step ahead or before layoffs
(Live-)Stream of Richard Stallman's Latest Talk in Europe (No Longer Live)
The latest public talk and Live-Streamed schedule were announced early on for the public to know about
Richard Stallman is Already in India, Giving Talks About Microsoft Chaffbots and More
he's already giving some talks in India
Drunk on Chatbots, LinuxSecurity.com Spews Out More LLM Slop About "Wine"
They just keep googlebombing "Linux" and "Security" using slop
Gemini Links 24/01/2025: The "Hey Hi" Hype Continues Fading, Tesla/X/Twitter/SpaceX Associate With Nazism
Links for the day
Robbery at the European Patent Office (EPO), Office Staff as 'Prisoners'
publication from the Central Staff Committee, dated yesterday
Techrights in 0.036 Seconds
Combining Gemini and HTTP/S, yesterday we served an impressive number of requests
 
Red Hat is Required to Promote Microsoft's Proprietary Stuff and Even Produce Puff Pieces (Mindless Fluff) About It
Notice the aspect of bribed "media" or "news" or "press coverage" (pay-to-say)
The Limits of Freedom
This is generally not a new problem
IBM Layoffs (or Replacement With Low-Cost Labourers) Far Greater Than Reported by IBM
they serve to confirm what we've long said not only in relation to IBM but also Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 24, 2025
IRC logs for Friday, January 24, 2025
Dr. Andy Farnell: "Richard Stallman Chose to Stand For the Rights of People to Use Technology as They Wish. He Chose Freedom Instead of Riches."
Keeping busy in public transport
Gemini Links 24/01/2025: Drehgriffel, Computer Science and Capitalism
Links for the day
Microsoft Lost a Ton of Market Share in Web Servers Last Month (the Last Month of 2024) and Massive Losses Continue in 2025, Shows New Report
Microsoft down sharply
Microsoft (Nick Vidal) and Co-opting "Open Future" With Microsoft-led "Open Source AI Definition" (Openwashing LLM Slop and GPL Violations)
Microsoft is tainting all sorts of groups via the OSI
BetaNews Run by Plagiarism Bots That Googlebomb (for SEO) "Linux"
Google rewards and thus encourages plagiarism
Microsoft, IBM, and Front Groups That Advance Racism for Profit
IBM has profited a lot from racism and it still does
FOSDEM and 'No Nazis'
the issue isn't wealth but principles
IBM Titles Considered Worthless and Many IBM 'Fellows' Are Vanishing (Also: IBM Staff Inside Linux Attacks the Rights of Computer Users for Recognition or Rewards Like "Distinguished Engineer")
James Bottomley is still "a Distinguished Engineer at IBM"
Gemini Links 24/01/2025: "Social" Control Media is Unsatisfying; An Old Call for a Gemini Without TLS
Links for the day
[Meme] Levels of Outrage
Apparently it's hip for criminals to leverage "the law" to silence their exposers
Links 24/01/2025: Earthquake, Landslide, and Official Implicated in Airplane With Landing Gear Issues (Boeing Plane) "Found Dead"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 23, 2025
IRC logs for Thursday, January 23, 2025
CDN Giant: Microsoft Bing and Skype Collapsed Since the LLM Hype, Same as Other Metrics Show
No wonder Microsoft managers suffer anxiety and there are several waves of layoffs even on the same month
Gemini Links 23/01/2025: Experience With Outer Wilds and Gifting a Site
Links for the day
Slopwatch: Fake 'Articles' About Linux by Brian Fagioli and by Brittany Day in BetaNews and linuxsecurity.com (LLM Slop Sites That Are Online Leeches or SEO Operations Working Against Free Software Journalism)
Two new examples for today
Links 23/01/2025: More Overt Constitutional Violations and "TikTok Executive Order" (White Flag to CCP)
Links for the day
Status of New Year's Resolutions
3 weeks later
"The AI Bubble is Popping", Now It's Bailout Time
The hype will quietly fizzle, just like "blockchains"
[Meme] When the Government of the Netherlands Participates in Your Crimes It Lacks an Incentive to Hold You Accountable for Crimes
the EPO's corrupt management boasted (on television) that it would ignore rulings against it even if issued by the highest Dutch court
Links 23/01/2025: US Constitution Already Besieged (Impeachable Offences Pile Up), Arrest Warrant for Assad
Links for the day
Microsoft's Head of Business Development Quits (Days After Two Large Waves of Mass Layoffs)
We recently learned that people close to the management are very stressed this month
[Meme] Reliable Sources
Sooner or later LLMs swallow up their own lies (that they generated), which means that over time those things will only deteriorate further, exacerbating an already-large misinformation pandemic
BetaNews Plagiarising Work in the Linux Space
The originals won't even be listed
Gemini Links 23/01/2025: US Politics and DevOps Career
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 22, 2025
IRC logs for Wednesday, January 22, 2025