Bonum Certa Men Certa

Patents Roundup: Patent Reform, Google's 'Startups' Ploy, JDate, Fitbit, Cisco, and UPC in the UK

The UK silently adopts a worse patent system without even consulting the public

Manchester library



Summary: A collection of news stories about patents, accumulated over the past week or so

LAST week we observed quite a few ongoing patent cases, as well as new developments in Europe and the United States. This post summarises all the important ones.



The Economist Started a Massive Debate



In at least two articles, both of which published earlier this month, The Economist slammed the current patent system, alluding not specifically to the notorious US patent system. It's a global problem, that's for sure, as many systems are interconnected (more so over time, especially with so-called 'trade' deals afloat). It is very nice to see a respected British newspaper like The Economist (notable as the UK's patent regime and copyright regime have historically been most overzealous) joining the opposition to it all, after all...

"In at least two articles, both of which published earlier this month, The Economist slammed the current patent system, alluding not specifically to the notorious US patent system."Days later, citing The Economist, David Perry of Red Hat said that "more recently, it seems that the problem of patent trolls has captured the attention of a broader audience. Four years ago, NPR produced an episode of This American Life called "When Patents Attack!" And, four months ago, John Oliver devoted the bulk of his time on Last Week Tonight, to raising awareness about patent trolls. "Most of these companies don't produce anything—they just shake down anyone who does, so calling them trolls is a little misleading—at least trolls actually do something, they control bridge access for goats and ask fun riddles," he explained."

Red Hat focuses on patent trolls again. "The patent troll problem is not a new one" is the headline. The Economist, however, did not focus on trolls at all. It's regretful to see Red Hat distracting the debate again, moving us away from the core issues.

Another article, composed by Mike Masnick, offered a better response. "Once Again The Economist Thinks Patents Are Hindering Innovation And Need Reform" was the headline and citing The Economist, Jeff John Roberts of Fortune, a man who recently wrote some good articles about patents, published an article titled "Hey lawmakers, patents and innovation aren’t the same – here’s a reminder". This too was motivated by the debate above. To quote Jeff John Roberts: "Patents mean more innovation, right? Sadly, that’s not the case as The Economist makes clear. In a terrific piece of writing in the August 8th issue, the UK magazine explains in clear language what has gone so wrong:

"Red Hat focuses on patent trolls again.""Patents are supposed to spread knowledge, by obliging holders to lay out their innovation for all to see; they often fail, because patent-lawyers are masters of obfuscation. Instead, the system has created a parasitic ecology of trolls and defensive patent-holders, who aim to block innovation, or at least to stand in its way unless they can grab a share of the spoils […]

"Innovation fuels the abundance of modern life. From Google’s algorithms to a new treatment for cystic fibrosis, it underpins the knowledge in the “knowledge economy”. The cost of the innovation that never takes place because of the flawed patent system is incalculable."

"The Economist editorial comes at a time when patent reform is getting bogged down yet again in the U.S. Congress. If you’re keeping score, this is the third time in five years that lawmakers have tried to fix the system but, as before, the patent lobby is swooping down with money and dire slogans to grind the process to a halt."

It has been nice to see the public debate changing somewhat (diverted away from "trolls"), owing to articles that question the system as a whole, not just parasitic elements in it.

Sadly, discussions about patent scope are almost inexistent. That's a due to a failure of scientists to 'butt in' and become involved in the debate. Maybe it's also the fault of journalists for not approaching scientists for their views.

Lobbying for and Against Patent Reform



Reform debate has been locked down. When the political system in the US speaks of patent 'reform' (especially these days but also historically) it basically speaks about "trolls". Classic "patent troll", as per definition, is a firm looking to make financial gain not from products (they do not exist) but from extortion. Patent trolls encourage and promote a non-producing economy for parasites to thrive in, nobody can deny that. Is it any better if products exist though? Companies like Microsoft have some products, but in many areas they act like parasites, preying on companies that actually have the lion's share of the market (Android for instance). It should be clear by now that eliminating "trolls" alone would not end the problem. It's therefore a misguided debate, driven for the most part by corporations, their lobbyists, and patent lawyers to whom they are top clients.

"It is important that the people who actually produce (actual products, not paperwork) provide their input regarding patent law, or else they will be misrepresented and the law steered against them."Last week we saw an occupied media lobbying on patent 'reform' [1, 2, 3, 4, 5]. As expected, much of this comes from corporate media for corporate agenda [1,2], [3] (posted in other sites) is a "Case for Patent Reform" by Lee Cheng, the chief legal officer at Newegg, which is exceptionally proud of its fight against 'trolls', having done so for years. It receives recognition in this new piece titled "Don't Be a Victim: Protecting Your Small Business from Patent Trolls". [4] is a piece from the lobbyists' media, composed by member of the "Independent Inventors of America", who basically lobbies against the favoured reforms currently on the table. We sure wonder if this is just another lobbying piece from a front group pretending to be "inventor". Lastly, in [5] we have greedy patent lawyers who openly call for expansion of patent scope. Where are the scientists in all this? It's mostly lawyers again. It is important that the people who actually produce (actual products, not paperwork) provide their input regarding patent law, or else they will be misrepresented and the law steered against them.

We were rather amused to see greedy patent lawyers who openly call for expansion of patent scope trying a gross reversal of today's reality and attempting distortion of facts, pretending that large corporations pass patents to startups (the 'trickle-down' nonsense), as opposed to troll-feeding by large corporations, so as to get their rivals attacked by trolls like MOSAID (renamed Conversant). Well, to be fair to patent lawyers, that's just what they do for a living. They present a gross, biased, and often inaccurate picture of reality in order to get their way and win cases.

Patent Lawyers/Maximalists Against Patent Reform



Yet another lawyers' firm, McCarthy Tétrault LLP, writes about what it labels "Google’s “FFF” patent plan", noting: "These two initiatives build on Google’s effort to impact patent reform in the United States and beyond. Prior to these announcements, Google’s efforts included the launch of the Patent Purchase Promotion in April (which we discussed here). Google has not officially released any information on the outcome of the Patent Purchase Promotion but Kurt Brasch, a lawyer at Google, reported that the program was a big success. In a phone interview with Fortune.com Mr. Brasch stated that the company bought numerous patents at purchase prices ranging from $3000 to $250,000."

"Google cannot fend off patent trolls, so its claims to be helping startups with its patents are just marketing."Google claims that it helps startups, but this won't work. Google's IBM-like strategy was talked about by other sites of patent lawyers (covered in brief along with expected protests against the aforementioned reports from The Economist).

Here is what IP Troll Tracker wrote about Google's strategy when it comes to a startup it supports: "Google would rather shutter the venture than try and fend off the lawsuit, unless the Ordrx software were already pulling in mountains of money."

Google cannot fend off patent trolls, so its claims to be helping startups with its patents are just marketing. Fortune's Jeff John Roberts said so too. That was just a couple of weeks ago in the corporate press.

JDate



"JDate is not a classic patent troll, but it sure acts like one."Tackling the JDate case, which we wrote about repeatedly for weeks, TechDirt says that "The whole lawsuit is absurd, and it starts with the trademark claims that come before the patent ones."

JDate is not a classic patent troll, but it sure acts like one. JDate will hopefully get sued in a move of retaliation, preferably to the point of bankruptcy. What the company has done here sets a very bad example to any others that are watching. Software patents on very vague concepts are the weapon.

Jawbone and Fitbit



Citing this patent maximalists' site (which even grooms notorious patent trolls), IP Kat says that "Jawbone holds 78 utility patents and 78 design patents compared to Fitbit’s 89 utility patents and 11 design patents. Jawbone’s patents lean towards hardware and design, whereas Fitbit’s patents are more focused on hardware and software."

Yes, Fitbit is patenting software, as we noted here several times before. Its Orwellian surveillance tendencies aside, it ought to convince people to avoid these products. A good friend of mine had purchased a Fitbit device and saw it lasting for only one week. It's a fragile toy and a fashion accessory that tracks the owner even when the owner is asleep. Nobody needs that.

Cisco



We recently wrote about Cisco's attempt to portray itself as a trolls buster, having acted like a troll itself. Some GNU/Linux-centric sites help the former narrative. This is a good example where a massive corporation, Cisco, not some small startup, uses patents for anti-competitive purposes while claiming to be fighting trolls.

Large corporations want the population to only be obsessed with patent trolls. It helps those large corporations protect themselves and does nothing to tackle the broader issues.

EPO and UPC in the UK



The EPO is coming to the UK. It's entering from the back door. It gets more of a presence in the UK in ways that we first covered last week, noting that no public consent was even sought! The lawyers who work for (or with) the UK-IPO must think they are above the law, as it increasindly looks a bit like government-sanctioned collusion.

"The UPC is almost guaranteed to bring patent trolls to Europe, enabling them to expand their scope of litigation (or threatening letters, demanding payments)."A maximalist of patents (including software patents), AmeriKat of IP Kat, wrote about the UPC courtroom being established before it's even authorised. AmeriKat "interprets this as meaning that if the UPC doesn't happen (pending a UK referendum on membership of the EU) or is somehow delayed than the IPO or, indeed another governmental body, can make use of the space."

Another piece from the same blog speaks of a "[b]ill that is drafted by civil servants – his servants – and that is supposed to protect the interests of businesses" rather than those of citizens. The UPC is almost guaranteed to bring patent trolls to Europe, enabling them to expand their scope of litigation (or threatening letters, demanding payments).

When people return from their summer holiday we are guaranteed to hear a lot more about the EPO and the UPC. It's truly undemocratic and often secretive, too.

Recent Techrights' Posts

Dalai Lama Succession as Evidence That Determined, Motivated People Can Reach Their Nineties
And we need to quit talking about their death all the time
Many Lawyers (for Microsoft) and 1,316 Pages to Pick on a Litigant in Person Who Exposed Serious Microsoft Abuses
Answers must be given
Layoffs and Shutdowns at IBM, Not Just Microsoft
Same as Microsoft
With Workers Back From a Holiday Weekend, Microsoft Layoffs Carry on, More Waves to Come
Now it's Monday and people are bad to work, even some journalists
You Need Not Wave a Rainbow Flag This Month to Basically Oppose Arseholes Looking to Disrupt and Divide the Community
Don't fall for it
What Miguel de Icaza and Microsoft Lunduke Have in Common
Similar aims, different methods
The 'Corporate Neckbeard' is Not the "Good Guy"
Works for IBM
 
More on "Lunduke is Actually Sending His Audience to Attack People"
"pepe the frogs"
Links 08/07/2025: Sabotage of Networking Infrastructure, Microsoft XBox Game Pass Deemed “Unsustainable”
Links for the day
Gemini Links 08/07/2025: Ancillary Justice and Small Web July
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 07, 2025
IRC logs for Monday, July 07, 2025
The FSF's (Free Software Foundation, Inc.) 2025 Summer Fundraiser Already Past Halfway Line
This is where GNU/Linux actually started
Mozilla Had No Good Reason to Outsource Firefox Development to Microsoft
What does Mozilla plan to do when GitHub shuts down?
Mozilla Firefox Did Not Die, It Got Killed
To me it'll always look like Mozilla got killed by its sponsors, especially Google, which had a conflict of interest as a sponsor
Dan Neidle, Whom Brett Wilson LLP SLAPPed (on Behalf of Corrupt Rich Tax Evaders), Still Fighting the Good Fight
Neidle fights for the poor people
Wayland Should Start by Dumping Its Very Ugly Logo
Wayland wins the "ugliest logo" award every year
Stop Focusing on Hair Colours, Focus on Corporate Agenda
If someone commits a crime, it does not matter if his or her hair was mostly white or there was no hair or a wig or whatever
Links 07/07/2025: Science, Conflicts, and a Fictional K-pop Group
Links for the day
Gemini Links 07/07/2025: Being a Luddite and Announcement of Gotify
Links for the day
Links 07/07/2025: XBox Effectively 'Dead', DMCA Subpoena Versus Registrar
Links for the day
The Nasty Smear (and Stereotype) of "Neckbeard" or "Greybeard" is Ageism
This is the sort of stuff they might try to volley at critics of Wayland
Why Many of Us Use X Server and Will Continue to Use It For Many Years to Come
Don't make this about politics
Microsoft's Nat Friedman Became Unemployed the Same Time the SLAPPs Against Techrights Started Coming From His Friends (Weeks After We Had Exposed Scandals About Him and the Serial Strangler, His Best Friend, Who Got Arrested a Few Days Later)
Nat Friedman is not "Investor, entrepreneur"
Brett Wilson LLP Uses Threats to Demand Changes to Pages or Removal of Pages Without Even Revealing Which Staff Member Does That (Sometimes People From Another Firm!)
This has been in the public for years
Dan Neidle Said "It Really Then Became a Job of Tormenting" Lawyers Like Brett Wilson LLP (Who Threatened Him for Exposing Crimes, Just Like They Threatened My Wife a Few Months Later)
he and his wife decided to take on the evil people and their evil lawyers
Large Language Models (LLMs) Externalise Their Cost to the Free Software Foundation (FSF)
"The forty-sixth Free Software Bulletin is now available online!"
Weeding Out Extremism in Our Community
To me it seems like Microsoft Lunduke is rapidly becoming like a "hate preacher" who operates online, breeding an extremist ideology or trying to soften its image
Censorship Versus Fact-Checking and Quality Control
It's not censorship but a matter of quality control
Reinforcing the Allegations Some More, Bryan Lunduke Digs His Own Grave
In his latest episodes he merely repeats his own lies, which I debunked using evidence right from his own mouth
Global Warming and Free Software as a Force of Mitigation
we'll need to think about Software Freedom, not just brands like "Linux"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 06, 2025
IRC logs for Sunday, July 06, 2025
Gemini Links 07/07/2025: BaseLibre Numerical System and TUI Rant
Links for the day
[Video] "Copyleft Isn't a Bug."
"Copyleft isn’t a bug. It’s a feature. GNU GPL forced the world to treat code like a public good."
Being in Social Control Media Means Exposing Oneself to Heckling
Richard Stallman does not (either himself or directly) post to any social control media
Links 06/07/2025: Airlines Perils, Scams, and Breaches
Links for the day
Two Risks to Companies: The Microsoft Culture and the Microsoft Tools
Novell was killed by a form of "social engineering" by Microsoft
It's Hard to Trust People Who Worked - Not Only Those Who Still Work - at Microsoft
Bryan Lunduke is just what people would call an "arsehole of a person"
For the Second Time, Bryan Lunduke From Microsoft is Siccing Racist Trolls and Vandals at Me
You're only reinforcing the point we made yesterday
Links 06/07/2025: End to End Encryption at Risk, Reuters Twitter ("X") Account Withheld in India
Links for the day
Gemini Links 06/07/2025: Tinylog and Certification Rotation
Links for the day
Links 06/07/2025: Climate Change and "The Right to Criticise"
Links for the day
PCLinuxOS Sites Coming Back, Gradually
let's just be patient
Social Control Media, Even If Based on Free Software, Still Has Many Problems
a distraction from what actually mattered and still matters
IBM is Not Your Master
IBM makes friends with people who exclude the majority of the population: women
Help Fund the Free Software Foundation (FSF)
If you have some dollars to spare, go support the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 05, 2025
IRC logs for Saturday, July 05, 2025
A Short History of Attacks on Techrights (and Boycott Novell Before That)
good opportunity to tell again the story of several (not all) attempts to silence us
The Mainstream Media Took 4 Days to Realise Microsoft Shut Down Its Operations in Pakistan and Fired Everybody
We estimate that Microsoft has had about 29,000 layoffs since January
Leadership in Free Software
Don't let IBM lead. It's a terrible flag bearer.