Bonum Certa Men Certa

Patents Roundup: EPO, Alicestorm, Facebook, 'Trade' Agreements, and Google Publicity Stunts

Protectionism regime has gone metaphysical

Victorian arcade
Victorian arcade in Manchester



Summary: Today's roundup of patent news, focusing exclusively on software patents and patent scope, not the scapegoat which is patent trolls

THE patent landscape keeps changing (it's dynamic just like every law, never static), and the more it's subjected to public scrutiny, the more likely it is to serve the public's interests, as opposed to corporate interests (the interests of the tiny minority which is extremely affluent). Today we break down our post into several sections as follows.



Patents Scope in the European Patent Office (EPO)



It has been quite some time since we last wrote about the EPO, but it turns out that the Board of Appeal which Battistelli and his goons try to silently crush (or at least make more subservient) is debating patent scope and doing the right thing sometimes. "The application was refused on appeal for lack of inventive step and lack of clarity," says IP Kat.

Alicestorm Continues to Eliminate Software Patents



"Let's hope that Alicestorm will discourage companies, or even patent trolls (JDate has begun acting like one), from blackmailing companies using software patents."Alicestorm is a term coined to demonstrate just how profound an impact the case of Alice Corp. v. CLS Bank has had on patent scope. "US Pat 6,625,582, Converting future retirement," wrote Patent Buddy, has just been "Killed by 101/Alice @ CAFC" [with analytics at the Patent Buddy Web site].

Chalk up another defeat for software patents (in CAFC even, despite its notorious patent maximalism).

We recently delved into the bullying (using patents) by the JDate 'meat market'. The company, as it turns out, pursues patents on software, despite lots of prior art and obvious triviality, and then uses these patents to bully competitors, even though a court (after a very expensive legal process) would likely invalidate such patents. It's like SLAPP-type abuse by JDate. As this very long new article puts it, there is nothing novel here. "Does it change anything if it’s on a computer or the Internet?"

Addressing this question, the author says: "This is the question that has been vexing patent types for some time, but patent experts feel that the Supreme Court finally answered the question last year with the unanimous Supreme Court Decision of Alice Corp. v. CLS Bank Int’l.

"In that case, CLS Bank had software to serve as an intermediary in financial transactions, holding funds in escrow, work that financial intermediaries have been doing as long as humans have traded with money. The Alice Corporation didn’t do any work of that kind and had never created any actual software, but it had a patent describing how it could work using a computer.

"In his opinion on behalf the court, Justice Clarence Thomas wrote, “The relevant question is whether the claims here do more than simply instruct the practitioner to implement the abstract idea of intermediated settlement on a generic computer. They do not.”"

Let's hope that Alicestorm will discourage companies, or even patent trolls (JDate has begun acting like one), from blackmailing companies using software patents.

Facebook's Surveillance Software Patents



"Facebook Patents Technology That Could Allow Banks And Businesses to Discriminate Based on Social Connections," according to this article from AOL. A lot of the fury is directed at Facebook's privacy violations (as if that's news), but what about the company's efforts to patent software -- patents which the company sometimes bullies with?

What we find scandalous here is that Facebook patents software, but AOL looks at it from another angle. To quote: "Facebook, the website everyone and their sister, brother, cousin, uncle, and friends you didn't even know you had is a member of just secured a patent on Tuesday that could help filter spam and offensive content and improve searches. Isn't that great? Less spam and no more nude pics, Obama monkey memes, and tea-billy racist outbursts, but there's more. A lot more and it's not good. The technology could also allow lenders to use a borrower's social network to determine whether he or she is a good credit risk. Let that sink in.

"Got that? Your Facebook friends and their spending habits, credit rating, behavior - hell, maybe even their character, could determine whether or not you get a loan and presumably how much interest is going to be applied to that loan.

Credit where due: "The patent was uncovered by Mikhail Avady, founder of SmartUp, a legal technology company in Atlanta. Fortune, CNN, TNW News, and VB all say they reached out to Facebook for comment, but none have heard back, according to the articles."

In case it's not obvious, we discourage the use of Facebook for anything at all. Facebook servers need to be blocked at operating system/router level, permanently. Facebook is an attack on the Web and nobody truly needs Facebook. It's Facebook that needs people, not the other way around.

'Trade' Agreements for Patent Loopholes



We recently wrote about how so-called 'trade' agreements were exploited by software patents proponents in New Zealand. Now we learn that patent 'reform' in the US (not really the required reform) is closely connected to other issues such as the so-called 'trade' agreements, notably TPP. To quote the Washington Examiner: "The House of Representatives has delayed voting on the Innovation Act, a bill designed to curb patent trolling, until after the August recess. But patent abuse still finds itself part of the legislative discussion, in this case with the Trans-Pacific Partnership (TPP)."

"Only in secret, when few of each country's richest people collude, can such deals be tolerated."To quote the key part: "The concern centers on sovereign patent funds (SPFs), government-funded organizations that acquire and leverage patents in pursuit of national economic objectives. Ideally, they should act as one-stop clearinghouses where a person or entity can acquire a bundle of interrelated patent licenses instead of negotiating with every individual patent holder. Given that the average smartphone incorporates as many as 250,000 patents, patent pools provide a function in streamlining access to IP rights."

Patents are a tool of protectionism, perpetuating injustice and social/financial disparity. Why would any country other than patent glorifiers sign these unacceptable 'trade' agreements? Only in secret, when few of each country's richest people collude, can such deals be tolerated. These people are all traitors to their country, especially to their people.

Google's 'Good' Software Patents



Here we go again. The IEEE, steward of leading international journals that I used to do peer reviews for back in my twenties, is doing some shameless Google PR. The "our [software] patents are good patents" nonsense received coverage from Spectrum. It's that same tactic that IBM once used as part of its PR strategy, portraying itself as a big friend of GNU/Linux. It is still out there. After setting up OIN (headed by an IBM lawyer) we learned that it was an entity so useless against patent trolls that one may wonder whose interests it really serves. Google is now trying to do the same thing. Google keeps saying it will "help startups" (similar to "think about the children!") by freeing up its patents, even though (as some sites have pointed out by now, even in the corporate media) this helps in no way against patent trolls, since they basically have no actual products to sue over.

Now that a Google-backed company is finding itself as a victim of patent trolls (new article from corporate media), where is Google to help? Where it Alphabet? Nothing.

"We quickly attracted attention," said the company. "We were living the American Dream. Until a patent troll — a company whose only business is suing legitimate businesses to force expensive settlements — hit us with a frivolous lawsuit."

So where is Google with its 'good' patents that are intended to help startups? Oh, that's right, there's no solution there for patent trolls. This alone (situations such as this) helps justify a patent reform -- like those delayed until Congress returns to normal sessions after the summer's vacation.

Recent Techrights' Posts

Being Prevented From Accessing One's Own System Means Getting Locked Out, Not Security
a metaphor
3/4 (Three-Quarter) of Requests Seen by statCounter (Originating From Desktops/Laptops) Deemed to be "Linux" in San Marino
74% Linux, it says...
The Linux Foundation Does Not Work for Linux, Definitely Not for Free Software
works for its biggest sponsors, i.e. companies like Microsoft, IBM, and others
The European Patent Office's (EPO) Crisis Week Ends Today, the Rest of the Year Will be EPO Staff on Strike
The outcome of the two-day meeting won't change the fact that EPO staff is on strike for the whole year
 
Links 04/07/2026: 2026 Old Computer Challenge and Trying Gopher
Links for the day
SLAPP Censorship - Part 127 Out of 200: Lawsuits by Americans Filed in the UK a Burden on British Taxpayers, No Way to Recover the Funds When Americans Lose Their Cases
Are Garrett and Graveley 'pulling a 4Chan'?
Links 04/07/2026: USMCA (Covering Software Patents) Might Not be Renewed, Slop Bros Try to Pay Weird Al to Endorse Their Scheme
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 03, 2026
IRC logs for Friday, July 03, 2026
Gemini Links 03/07/2026: Mindfulness Practice and "Slop Is Killing the Human Spirit"
Links for the day
Links 03/07/2026: Openwashing of Slop in "Linux" Clothing and "Happy Birthday, America"
Links for the day
John Been (reallinuxuser.com) May Have Crossed Over to the 'Dark Side' of LLM Slop
It 'smells' like it, a scanner seems to concur
Who or What is "Nadeko"?
Fijxu's services make life a lot easier for Free software sticklers
10 Years Since the World Lost Ian Murdock
My wife and I still use Debian, as does this site
No, Microsoft is Not Laying Off 5,000-6,000 But a Lot More
There are "buyouts", "PIPs" (silence layoffs), pink slips, and future waves, not counting subsidiaries and contractors
The Cyber Show's Andy and Helen Confronting 'Upgrades'
the latest from Andy and Helen
statCounter Sees Almost 1 in 10 Desktops or Laptops in Egypt as GNU/Linux Workstations
10% "market share" (for GNU/Linux) was nearly attained last month
The March of GNU/Linux in the Russian Ally, Belarus
record high for GNU/Linux in Belarus
Technology is Getting Objectively Worse and Less Reliable
Something went horribly wrong
FOSS Force 2026 Independence Drive Lacks Independence From GAFAM's 'Linux' Foundation
We're not trying to 'bash' FOSS Force
News That Matters, News That's Exclusive, and News LLM Slop Will Never Get Right
Churning out blog posts just for quantity's sake was never our goal
Independence and Software Freedom
Much work remains to be done
European Patent Office (EPO) Series: Operation Monte Titano: Micro-State Diplomacy
On 28th May 2026 EPO President António Campinos paid a visit to the Most Serene Republic of San Marino where he was received with full diplomatic honours
Links 03/07/2026: Slop "Isn’t Replacing Lawyers", "App Fatigue"
Links for the day
Statement on This Week's DDoS Attacks
DDoS attacks are not a "badge of honour". They are a nuisance.
Skinnerboxes as Health Problems and Impediments (Against Happiness)
skinnerboxes are a form of addiction
Costa Ricans' Adoption of GNU/Linux Reaches New Highs
Windows is doing poorly in general
British Women Don't Want to Work for American Men Who Attack American Women
"[g]reeting clients and preparing beverages"
Mass Layoff Event on June 30 at Red Hat? Let Us Know...
We are looking for more Red Hat whistleblowers
Gaming on Windows is in Trouble, XBox is Practically Dead Already
It seems increasingly clear that Microsoft wants to get rid of XBox
New Record for GNU/Linux in the World's Largest Muslim-Majority Population (287,983,025)
Will Indonesians leave GAFAM behind?
SLAPP Censorship - Part 126 Out of 200: Becoming More Aggressive Against Us Only Proves Us Right
the police involved
IBM Red Hat Kicks Out the Community, Promotes Slop
It has gotten so bad
The Register MS Covers "AI" Because It Gets Paid to
A lot of noise "in the news" about "AI" is paid-for trash
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 02, 2026
IRC logs for Thursday, July 02, 2026
Gemini Links 02/07/2026: OpenBGPD, Newt and OpenBSD, Indieweb Theme for Ghost
Links for the day
Links 02/07/2026: China "Ethnic Unity" Law a Global Threat, "EU Imposes €3 Duty on Parcels From China"
Links for the day
Japan's Share of GNU/Linux Has More Than Doubled
GNU/Linux now sits around 3.5% compared to about 1% two years ago
'Largest Single Layoff Event In Gaming History' or 'Largest Single Layoff Event In Microsoft History'?
we need whistleblowers, not official or semi-official statements from Microsoft
Off-putting Terms or Behaviour That Keep Women Away From Areas of Technology (Not What IBM and GAFAM Tell Us)
the use of language
Microsoft Windows "Goes South" in South America, GNU/Linux Popularity Soaring
Brazil and its neighbours must have paid attention to what happened earlier this year in Venezuela
It's Not the Layoffs, It's the Debt
PIPs and/or "silent layoffs" are about the companies flouting obligations to staff, reducing or eliminating the compensation packages
European Patent Office (EPO) Series: Cutting Ribbons in Sintra While the EPO Burns
Like the Roman Emperor Nero, Campinos fiddles in Sintra while the EPO burns
In Spain, GNU/Linux Now Measured at 5.5%
Microsoft and Windows are generally shrinking
North America: GNU/Linux Leaps to 8% "Market Share"
the trend is clear
statCounter: GNU/Linux Has Risen to All-Time High of 6% Worldwide (July 2026)
GNU/Linux has massive gains
Not Tolerating Death Threats
Death threads are a serious matter
Silent Layoffs, 'Happy' Layoffs, and 'Buyouts' (Pretending to Voluntarily Retire)
We've been seeing lots of that at IBM and Microsoft
SLAPP Censorship - Part 125 Out of 200: Litigants in Person (LIPs) Handling American Lawfare Funded by Third Parties (About a Million Pounds for 100 Kilograms of Legal Papers)
An appeal to the Court of Appeal can be justified at one point
IBM HR "Process is Similar to Raising Farm Animals"
IBM "silent layoffs" won't stop
Attacks on the Sites
These are clearly censorship attempts
Links 02/07/2026: Microsoft May be Shutting Down 5+ Studios, Slop Got Too Expensive, "RAMpocalypse" Discussed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 01, 2026
IRC logs for Wednesday, July 01, 2026
Gemini Links 02/07/2026: Kondo, Theological Thought, and X4
Links for the day