Bonum Certa Men Certa

Patent Lawyers and Their Firms, Still Desperate to Protect the Status Quo, Manipulate the Media

"It may well be that between press and officials there is an inherent built in conflict of interest." -- General C. Westmoreland in Defence and the Media in Time of Limited War, Routledge, 13 September 2013, p. 64.

Summary: Patent lawyers are besieged by gradual tightening of patent scope and recklessly fight back (e.g. by saturating the media) to secure their revenue sources, derived from (and at the expense of) actual scientists and true market producers

THE USPTO's assignment/assessment guidelines (examination instructions for the process by which to rank patent applications for novelty), as well as court rulings, citing SCOTUS regarding Alice, have both diminished and almost eliminated the perceived value of software patents. This reduces the number of patents obtained and number of patents that are brought before a judge in a courtroom, especially where these patents pertain to software. Patent lawyers are 'politely' furious and they try to dominate the media with their 'damage control', which means misleading statements, misdirection, cherry-picking (bias/lies by omission), and so forth. We gave a lot of examples before. It's getting rather crass.



"Either Quinn has poor reading comprehension skills or he simply does not want to understand (because he is essentially paid not to understand)."The other day we saw Colleen Chien calling for an "open" patent system. "One year ago," wrote Chien about Tesla's openwashing (like Panasonic's), "Elon Musk announced that Tesla would dismantle barriers to the use of its technology by “open sourcing” its patents and making them available for all acting in good faith to use. Because patents are usually used to close, not open, doors to competitors, the move created confusion and criticism."

There is criticism indeed, but from who? Here is the patents maximalist Gene Quinn (loud proponent of software patents) slamming Chien's analysis, lumping it together with what he calls "a lot of disingenuous articles about the U.S. patent system" and calling it "misleading".

"The premise of the article," he says, "is that it is time to open the patent system. Specifically what that means, and to what end that would be useful, is unclear and frankly unexplained."

Either Quinn has poor reading comprehension skills or he simply does not want to understand (because he is essentially paid not to understand). What Chien suggests is a sort of retreat to the the original raison d'être of patents -- where publication (e.g. attribution) rather than litigation is the core goal. Quinn, a supporter of all sorts of crazy patents and even parasitical elements like trolls, surely won't like that. Another post from Quinn's site (but not composed by Quinn himself) dares to acknowledge what he very much feared right after Alice had been ruled at SCOTUS one year ago:

...Alice issued a year ago which opened the door to invalidating software patents on the basis that they simply implement “abstract ideas”...


Yes, that's great news. Sadly, however, the media hardly covers that. The corporate/financial media keeps glorifying patents as though they're national trophies whose raw count is proportional to innovation and so-called 'articles' from Fox Rothschild LLP, Baker Botts LLP, Bradley Arant Boult Cummings LLP, and spokespeople for conservative lobbyists/think tanks like Cato and Heritage try hard to crush real patent reforms. They want to preserve the status quo. The grossest headline came from Bradley Arant Boult Cummings LLP (all of these LLPs are patent lawyers in case that's not obvious), which says "Innovators Beware! Patent Reform Creates The New "Anti-Patent" Troll" (not calling "trolls" those who antagonise patent trolls but rather referring to those who extort companies using invalidation of patents, i.e. not really trolls at all!). Here is the core of the nonsense, which essentially redefines patent trolls: "Unlike other species of patent troll, the Wall Street troll seeks to destroy the target company. Many companies, especially small drug companies, could potentially lose 100 percent of their value if they lose the patents for their core technologies. This creates a situation that is very lucrative for the Wall Street troll, because if the company’s stock loses all of its value the troll makes a windfall." Well, any company whose entire value depends on a patent probably does not deserve to be in business. Patents as a tool of artificial price hikes don't serve society, especially where medicine is concerned. This is where patents become tools of artificial scarcity. It is unethical and we wrote many articles to explain why. There are still valid business models that don't depend on patents, in the same way that software which is free to distribute still brings income (Red Hat, for instance, has billions in revenue each year).

"Patents and patent lawyers are needed for innovation to the same degree that billionaires are "job creators" who create a "trickle-down effect" (they typically just loot and hoard)."The media these days is absolutely stuffed with patent lawyers, appearing everywhere the subject is discussed, parroting -- completely unchallenged -- claims about "innovation", "inventors" and scaring us about China (the same excuse/straw man used by TPP proponents). Patents and patent lawyers are needed for innovation to the same degree that billionaires are "job creators" who create a "trickle-down effect" (they typically just loot and hoard).

Recent Techrights' Posts

Sheriff of Cork & Debian Edward Brocklesby or Brockelsby Street confusion
Reprinted with permission from Daniel Pocock
Who Is This Backup FOR, the NSA?
As Admfubar put it, "backups for everyone..."
Microsoft's Siege of Libya Coming to an End
One might be tempted to guess the users deleted Windows and installed something else
New Talk by Dr. Richard Stallman Published Two Days Ago By CeSIUM - Centro de Estudantes de Engenharia Informática da Universidade do Minho (Portugal)
The FSF no longer mentions Richard Stallman's talks, but we will
Name the Threats and Threat Actors
Looking back to 2006, there was Novell and gregkh (partly salaried by Microsoft), so these are familiar territories
The "Other" SPLC
You know you're winning the debate when censorship is explored
Microsoft: By Default, Destroy Linux
Here is what the very "polite" Microsoft Boccassi had to say
Perens on a Stick
Remember what Novell did and how few (barely anyone) sided with Novell
Andrew Tanenbaum Gets an Award for His Work on MINIX
ACM one week ago
Twitter's Fall to Irrelevancy in Europe
Musk bought a dud
 
Links 25/06/2024: Julian Assange Freed From Prison, "AI" Bubble Imploding Some More
Links for the day
Three Points About Julian Assange Plea Deal
There is still a secret problem
[Meme] EFF Became a 'Bunch of Pussies' Working for GAFAM (and Sponsored by GAFAM)
It won't protect people, except very rich people's interests
IBM Does Not Care for the Blind (Wayland Harms Accessibility)
What a punch in the gut
Tux Machines Past 20: Still Thriving
Now 20 years and 2 weeks old
[Meme] Microsoft is Coming /Home
"LOL, REAL SORRY!!!"
Gemini Links 25/06/2024: Old Computer Challenge; An Opinionated GNU/Linux Guide
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 24, 2024
IRC logs for Monday, June 24, 2024
IEEE Computer Society on Andrew Tanenbaum, Winner of ACM Award, Who Also Inspired Linux Development
10 years ago
FSF Looking to Raise Money by Adding 200 New Members by July 19
The FSF is in good shape, according to Alexandre Oliva
Not Only Does It Not Add Security... (UEFI as a 'Bug Door')
SecureCore?
Data From Monaco Should Alarm Microsoft
Just how many people are deleting Windows and installing something else this year?
Linux in Central Sahel (Burkina Faso, Mali and Niger)
Vast area, vast number of "Linux users" (if one counts Android as such)
[Meme] Gagging One's Own Staff as a Signal of Corporate Distress
Censorship at Microsoft
Staying the Course
censorship isn't easy against sites that understand ways to resist it
The 'All-Seeing' Microsoft Eye
Microsofters are observing us closely
Links 24/06/2024: Long COVID and "How I Write Blogs"
Links for the day
Allegations That Microsoft is Covering Up Employee Dissatisfaction and Using a Survey to Catch 'Risk' to the Cult Mentality
This favours or gradually socially-engineers a company for sociopathy
'Linux Hint' Inactive for Nearly a Month (It Used to be Very Active)
Their Twitter account hasn't been active for a long time and it's not too clear what's going on
An Unexpected GNU/Linux Trend
Burkina Faso is changing and not just politically
Android (Linux) at New Highs in Burkina Faso, Now Measured at 72% (Windows Was Measured at 98% 15 Years Ago)
based on this month's estimates
With 0.76% for ChromeOS and 3.7% for GNU/Linux (4.5% Total) Burkina Faso Approaches 5% for 'Linux'
More if one counts Android as "Linux"
Gemini Links 24/06/2024: Being Dull and OpenSSH Autoban
Links for the day
EPO Issues in The Hague
a report dated 4 days ago about a meeting that took place 12 days ago
[Meme] Garbage in, Garbage Out (EPO Patent Quality)
"Get back to work"
When the Employer Makes You Too Sick to Go to Work (New EPO Document)
"registering when you are sick"
[Meme] 'Useless' Kids of EPO Examiners
malnourished?
Granting Loads of Monopolies in Europe (to Foreign Corporations of Epic Size and Far Too Much Power Inside Europe) is Vastly More Important Than Raising European Kids Properly?
"Efficiency" first? Whose? Corporations or families? No wonder so many young families are hesitant to have any kids these days; that's particularly true in east Asia and also in north America, not just Europe
[Meme] Putin's Red Flags
Firefox ESR or Firefox USSR
The Corporate/Mainstream Media and Even Social Control Media is Distorting the Record About What Mozilla Actually Did (It Originally Surrendered to Vladimir Putin)
Mozilla being avoided for purely technical reasons (sites not being compatible with it) is one thing. Foolishly, Mozilla is giving people more political reasons to also shun Mozilla. This is suicide.
GNU/Linux Up Some More This Morning, Windows Down Sharply Even in Rich Countries
Microsoft is in trouble in the Muslim world
United Arab Emirates (UAE) Rising... Towards 5% for ChromeOS and GNU/Linux
the latest numbers show it growing from about 0.1% to around 2.4% for GNU/Linux, plus 2.01% for Chromebooks (ChromeOS), i.e. about 5% in total.
Techrights in the Coming Decade: The Free Speech (Online) Angle
Free speech is a fundamental tenet of a free society
Links 24/06/2024: New Research, New Attacks on Justices Sceptical of Patent Maximalists, European Commission for Copyright Maximalists
Links for the day
[Meme] 12 Years a Fedora Volunteer
IBM gives me a 'free' Fedora badge as recognition
IBM Slavery: Not a New Problem
When IBM got rid of Ben Cotton it showed the world how much it valued Fedora
Why They Want to Abolish Master/Slave Terminology (Because This is What They're Turned Free Software Into)
It used to be about community; GAFAM turned that into exploitation and worse
Roy and Rianne's Righteously Royalty-free RSS Reader (R.R.R.R.R.R.) Version 0.2 is Released
They say summer "officially" started some days ago
Torvalds' Number Two Quit Linux a Decade Ago and Has Since Then Earned an Honorary Doctorate
Revisiting Fuzix and Alan Cox
GNU/Linux Reaches All-Time High in Tunisia
Based on statCounter
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 23, 2024
IRC logs for Sunday, June 23, 2024
Edward Brocklesby (ejb) & Debian: Hacking expulsion cover-up in proximity to Oxford and GCHQ
Reprinted with permission from Daniel Pocock
You Know the Microsoft Products Really Suck When...
"Qualcomm and Microsoft go 'beyond the call of duty' to stop independent Copilot+ PC reviews"
IBM and "Regime Change"
Change of regime is not the same as freedom
Microsoft Windows in Nicaragua: From 98% to Less Than 25%
Operating System Market Share Nicaragua
Techrights in the Coming Decade: The Community Angle
Somebody needs to call them out on their BS
Techrights in the Coming Decade: The Software Angle
Gemini Protocol has just turned 5 - i.e. roughly the same age as our Git repositories
Techrights in the Coming Decade: The Patent Angle
Next month marks 10 years since we began covering EPO leaks
Wookey, Intrigeri, Cryptie & Debian pseudonyms beyond Edward Brocklesby
Reprinted with permission from Daniel Pocock
[Meme] Choice Versus Freedom
So When Do I Start Having Freedom? Freedom is choice between the GAFAMs
Digital Liberation of Society at Times of Armed Conflicts and Uncertainty
We have technical contributions, not just written output
Links 23/06/2024: More Microsoft Cancellations, Growing Repression Worldwide
Links for the day
Gemini Links 23/06/2024: The Magician and the Hacker, tmux Tips
Links for the day
Links 23/06/2024: Twitter/X Wants Your Money, Google Reports a Billion DMCA Takedowns in Four Months
Links for the day
Digital Restrictions (Like DRM) Don't Have Brands, We Need to Teach People to Hate the Underlying Restrictions, Not Companies That Typically Come and Go
Conceptually, the hens should fear humans, not the farmer who cages them
Going Above 4% Again
Maybe 4% (or above) by month's end?
[Meme] Debian's 'Cannon Fodder' Economics
Conflicts of interest don't matter
Conviction, jail for Hinduja family, Debian exploitation comparison
Reprinted with permission from Daniel Pocock
According to Microsoft, It's Not a Code of Conduct Violation to Troll Your Victims Whose Files You Are Purging
The group of vandals from Microsoft think it's "funny" (and for a "nominal fee") to troll Microsoft critics
Microsoft Inside Debian is Sabotaging Debian and Its Many Hundreds of Derivatives With SystemD (Microsoft/GitHub Slopware With Catastrophic Bugs is Hardly a New Problem)
What is the moral of the story about The Scorpion and the Frog?
Links 23/06/2024: Hey Hi (AI) Scrapers Gone Very Rogue, Software Patents Squashed at EPO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 22, 2024
IRC logs for Saturday, June 22, 2024
Gemini Links 23/06/2024: LoRaWAN and Gemini Plugin for KOReade
Links for the day