Bonum Certa Men Certa

The Pro-Software Patents Lobby Continues Trying to Rewrite Outcome of Alice v. CLS Bank Case

Same old stuff "on a computer"

Typewriter with screen



Summary: Despite Alice v. CLS Bank showing that the US has crushed many software patents, those who make money from software patents (not developers but lawyers) continue their attempts to bamboozle the world and rewrite the record

FOR a number of months we have shown how patent lawyers and other proponents of software patents have systematically distorted the truth or selectively reported so as to hide the truth. They would rather have the world believe that nothing has changed following the SCOTUS ruling on Alice v. CLS Bank. It is worse than willful ignorance; it is nefarious and dishonest.



"It is worse than willful ignorance; it is nefarious and dishonest."One lawyers' site says that "[o]nly in DDR Holdings, LLC v. Hotels.com, L.P. has the Federal Circuit found a software invention patent eligible in the face of a challenge" (this is important because CAFC is the original source of software patents and one of the most zealous courts in the world, favouring software patents almost without exception).

Another lawyers' site says that the USPTO addresses the eligibility of software patents, based on a recent forum that we mentioned last month. The lawyers say that "on January 21, 2015, the USPTO held a public forum in Alexandria, VA to receive feedback from the public regarding the 2014 Interim Guidance on Subject Matter Eligibility. Many practitioners provided accounts of their experiences regarding recent interactions with the USPTO related to subject matter eligibility rejections and recommendations for the future."

When they say "practitioners" they mean lawyers. It's mostly them, i.e. people who profit from patents, who drive this debate. Now, watch this rhetorical question. Penn Law has titled a session "Will SCOTUS rulings on software patents help or hurt innovation?"

This has nothing to do with innovation, as something called "Innovation Act" may lead people to thinking. It's about protectionism.

Do patents promote innovation at all? Depends who you ask. Lawyers, who offer no innovation at all, love to speak 'on behalf' of people who write computer programs. Consider this new article that perpetuates a myth: "another thing that grows more quickly than population is the rate of innovation, which is partly measured by how many patents are granted to people in that city."

No, not really. Patents granted are a function of paperwork, not innovation. This is the sort of shallow rhetoric we expect to hear from patent lawyers and their rich clients. Their goal is to repress competition, thus preventing many good ideas from ever being implemented.

From the Penn event's introduction: "An event hosted by Penn Law and the Penn Center for Innovation asks: “Are Software Patents Critical to Innovation?” A panel of experts will weigh in."

How many on this "panel of experts" will actually be programmers? This is a Penn Law event, so expect "law" professionals to reign.

Martin Goetz, one of the most vocal proponents of software patents, is meanwhile distorting facts in a pro-software patents site, bizarrely enough claiming that "Alice v. CLS Bank is a Victory for Software Patents". That's as inane as saying that a ruling in favour of police brutality helps victims of police. It just makes no sense at all. It's not just a "man bites dog"-type sensationalism but a misleading statement.

In the absence of clarity in the press on this subject, as opposed to propaganda from patent lawyer, we may continue to see complete nonsense (obviously abstract) ideas from Apple hailed as genius patents [1, 2]. Dell in the mean time is pushing software patents into India, which in principle does not allow these.

To quote a new article from Economic Times (of India), "Dell is looking towards India to transform its research and development capabilities that have lagged rivals for years. The US technology company is strengthening its engineering team here and increasing the number of patent applications filed from India — which, a senior executive said, has already become the largest contributor to software patents for Dell — as the local unit gets a large piece of investment that chief executive Michael Dell has promised for its R&D push."

Someone should tell Dell that software patents are not legal in India and increasingly they are not accepted in the US, either. Then again, now that Dell is partly controlled by Microsoft we can expect this kind of abusive behaviour, setting aside Dell's lowering of salaries by driving jobs to Asia (Dell is definitely not going to offer them the same wages it offers in North American and Europe).

The bottom line is, the debate, the law, the media coverage etc. continue to be driven by large corporations. They are foisting myths and misleading statements onto us to make us complacent or at best apathetic if not supportive.

Recent Techrights' Posts

Fake IBM Retirements (IBM Gives Older Workers Ultimatums, Deadlines, and Carrots on Sticks)
As they point out, IBM is desperate to lower costs
IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?
 
XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day
Linuxiac is Basically a Fake News Site, But It's Being Fed by Google News
Because Google News is run by Google, a slop pusher
Links 25/01/2026: Slop "Tribalism", Nike Apparently Cracked
Links for the day
Claims That PIPs Are Abused for Silent Mass Layoffs at IBM (Without Severance) or Forced Retirements
Performance Improvement Plans (PIPs) "clearly bogus as everyone on my team who has been on one has been fired"
WebM Version of Richard Stallman's Latest Talk (Georgia Tech Talk)
The file size is smaller
After Half a Decade Vista 11 is Still a Giant Failure
Don't expect Microsoft to gain a foothold
Details on IBM Layoffs in the EU Last Week, Same Allegedly Coming to the US Shortly
"Around 50 people affected in Belgium."
Technology Trends Driven by DRM Giants, Planned Obsolescence, Not the Needs of the Buyers
The "pushers" think of customers as "users"; and they encourage passivity, Stockholm Syndrome
Links 25/01/2026: Microsoft BitLocker Backdoored for Decades Already, Microsoft-Backed ICE Still Murders Civilians
Links for the day
Gemini Links 25/01/2026: "Expert in a Dying Field" and Global Commands
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
Projection of Fanatic From Microsoft
Microsoft Lunduke is pandering to the 4Chan 'crowd'
Digg.com (Digg) is a Censorship Platform, Just Another Social Control Media/Network, Controlled by the Few
We are not going to bother with any social control media
Spam, Slop, and Fake 'Articles' Regarding "Linux"
Serial Sloppers like these are harming real reporting about Linux and GNU
Rape investigation dropped: Will Fowles & ALP transgender deception
Reprinted with permission from Daniel Pocock
Diversity, Grooming & Debian transgender Zero
Reprinted with permission from Daniel Pocock
Pauline / Maria / Alice Climent(-Pommeret) & Debian transgender offensive cybersecurity deception
Reprinted with permission from Daniel Pocock
Did judge with transgender sister & Debian conflict of interest help cover-up a death?
Reprinted with permission from Daniel Pocock
Giving a Voice to the Community (Even When It's Inconvenient or 'Scary')
Once upon a time we were threatened with deplatforming for merely reposting articles by Daniel Pocock; we no longer have this problem
Links 24/01/2026: CBS News Demolished From the Inside and Many Publishers Admit Layoffs
Links for the day
Gemini Links 24/01/2026: Dreams and Raspberry Pi Zero 2W
Links for the day
Richard Stallman's First Talk in US College Since 2018: Videos and Photos
There are some backstories
Judge Richard Oulevey (Grandcour Choeur, Tribunal Vaud) & Debian shaming abuse victims and witnesses
Reprinted with permission from Daniel Pocock
Judgment: French army vanquishes German FSFE on Hitler's birthday, Microsoft contract dispute (1716711)
Reprinted with permission from Daniel Pocock
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
Links for the day
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026