Bonum Certa Men Certa

Now It's Just Patent Lawyers (and Their Rich Clients) Against Everybody Else, Seeking to Maximise Protectionism

How to keep the rich in power and make them even richer, immune to competition

Greed



Summary: A roundup of recent articles, mostly those composed by patent lawyers in an effort to eternally expand the scope of patents (hence monopolies on ideas and beyond) irrespective of their collective effect on society

THE greed-driven maximalism in the area of copyrights is bad enough (see the current Anne Frank controversy) and the same goes for patents. Expanding copyright's length and scope seemingly infinitely (to a hundred years or even more beyond the creator's death) is irrational. Allowing people to copyright two-word phrases is also outright ridiculous. In the case of patents, letting people patent mere concepts and abstract ideas wouldn't help innovation or improve society. Letting life itself be patented would in some cases increase the frequency of deaths and the number of deaths. So what gives? Now there are even new secrecy (euphemism is 'trade secrets') laws in the making, including those deep inside highly extensive treaties that the public cannot see (well, secrets!). I.S.D.S. goes a step further and strives to allow the rich people to sue governments, supposedly in the interest of so-called 'shareholders'.



"I.S.D.S. goes a step further and strives to allow the rich people to sue governments, supposedly in the interest of so-called 'shareholders'."Watch out for maximalism and notice how often the maximalists are basically a bunch of parasites who benefit (as a tiny minority) from the maximalism. In the case of the EPO we now have patents on life -- a serious error that even the EU Commission recently criticised. To quote one article about it: "In a resolution backed by a large majority of its members, the European Parliament has taken a clear position against granting patents on plants derived from conventional (“essentially biological”) breeding. In its statement the European Parliament says that these plants, seeds, native traits or genes should be excluded from patentability. Furthermore, plant breeders should not be prevented by patents from accessing biological diversity needed for further breeding. The members of European Parliament insist further that prohibitions in existing European patent law to exclude patents on plant varieties and conventional breeding, are not undermined by the erroneous interpretation currently followed by the European Patent Office (EPO). Not long ago, the EPO granted several patents on tomatoes, pepper and broccoli derived from crossing and selection."

'Poor' patent lawyers, people who are now angry because they have become accustomed to making money from applying for and suing with software patents, are not having a field day anymore. Here they are moaning about Alice, referring to is as "regime" (that's a new one). To quote the lawyers' media (from yesterday): "It seems that might be the test. Well, it could be. Under the new Alice regime, it’s hard to tell, but the U.S. Supreme Court’s recent decision to refuse a patent owner’s appeal based on dismissal of its patent as an “abstract idea” under Alice shows the high court is standing behind the new rule being enforced by what may be best coined as the “Thought Police.”"

"Müller appears to have sort of flip-flopped again."See how other patent lawyers admit that they are fearful of the word “abstract” right now. To quote this one new example from a vocal proponent of software patents: "A case currently pending before the Federal Circuit is anticipated to provide greater guidance into the answer to this question, namely, how district courts should determine whether a claim is directed to an abstract idea."

Florian Müller, who earlier in his career campaigned against software patents in Europe, now lashes out at Apple in his blog and in Twitter (over a dozen such tweets in the past couple of days). "This blog," he explains, "which used to be rather sympathetic to Apple's patent enforcement efforts because the "rip-off" story appeared credible for some time, has been highlighting the weaknesses of such patents as the '647 "quick links" patent or the slide-to-unlock patent family for a couple of years. Even though things that judges say at a hearing are not the same as an actual decision, the mere fact that the Federal Circuit has expressed massive doubts about those patents already validates my skepticism."

Müller appears to have sort of flip-flopped again. He already met Apple executives, who simply failed to convince them of their merit in suing Android (and by extension Linux).

"We urge any lawyer, judge, examiner etc. who reads this to antagonise the maximalists."In other news, sites of patent lawyers suggest new ways to patent software after the Alice case. This is the trend right now. They're looking for new ways to fool/trick/bamboozle judges and examiners. Don't let them get away with it (e.g. by adding diagrams and using physical-sounding analogies). These people want more for themselves at everyone’s expense; their clients are usually large multinational corporations such as Apple and Microsoft. They're actually suing to ban Linux-powered counterparts. It's an attack on the sharing economy and whatever typically drives innovation the fastest and most efficiently.

This one new article is titled "Is software still patent eligible?" Well, it's nothing like it used to be. Software cannot be patented anymore, unless the examiners and judges can be caught off guard. As the author put it:

One of the first questions asked by any U.S. patent examiner when reviewing a new patent application is whether the subject matter the inventor is trying to protect is patent eligible. Can the invention be patented, or is it excluded from patentability?

The U.S. Supreme Court, for only the second time in 30 years, tackled this question in the context of a software business method when it issued its decision in the case of Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347, 2355, 189 L. Ed. 2d 296 (2014).

In its decision, the court solidified the test for patent-eligible subject matter and indicated that software patents (e.g., patents claiming steps implemented by a general-purpose computer) can be patent eligible under certain circumstances.

Patent-eligible subject matter is defined by a combination of statute and case law. Section 101 of the Patent Act states that “whoever invents or discovers any new and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” 35 U.S.C. 101.


We urge any lawyer, judge, examiner etc. who reads this to antagonise the maximalists. They're not serving society and not seeking to advance/speed up innovation. They are just serving their own pockets and their ultra-rich clients to whom innovation (disruption) is perpetually a threat that mustn't be tolerated; they're willing to even just SLAPP it out of existence.

Recent Techrights' Posts

Microsoft Uses LLM Slop to Defraud (or Rob) Shareholders
Microsoft is basically defrauding its shareholders by LLM slop
The "Davos Effect": Tarnishing the Reputation of Places Not by Overtourism But by Oligarch Infestation
The last Venice needs is an affiliation with Venetian oligarchs
 
Links 01/07/2025: "Independence Day in Taiwan", Bounties on Software Patents
Links for the day
What Happens When Your Law Firm is Preoccupied With Harassing and Trying to Extort a Humble Couple in Manchester, Even on Behalf of Violent Microsoft Staff From Another Continent
It's good to see that law firms which operate in bad faith are perishing
Lawyer X, Law Firm X and Elon Musk's X: scandals linked by Old Xaverian
Reprinted with permission from Daniel Pocock
Gemini Links 01/07/2025: Distraction-Free Writing and Hytale Mismanagement
Links for the day
Links 01/07/2025: "Beauty of Blogging" and "Etiquette of Collapse"
Links for the day
The Web is a Dead End
We need to adopt alternatives
When Words Lose Their Intended Meaning
examples of words that, at least in the technical spheres, don't mean what they sound like
People Who Disagree With You on Technical Matters May or May Not Agree With You on Political Things (But Usually They Do)
What bothers me a great deal is seeing left-leaning people accusing other left-leaning people of being "nazis"
"Too Much Choice" and "Too Many Programming Languages"
What IBM and its apologists aim for was attempted in the 1930s and it failed
Microsoft Lost 400,000,000 Windows Users, According to Microsoft
more people adopt smaller computers and many people replace Windows with GNU/Linux, as they don't really need a new computer
Half a Year Gone, What's to Come Next
In the second half of 2025 we expect to be done with the Microsoft SLAPPs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 30, 2025
IRC logs for Monday, June 30, 2025
People at the Very Top of Microsoft Know How Bad Things Really Are
There's no product that can replace the former profitability of Windows licensing and stuff that went on top of Windows
Gemini Links 01/07/2025: Mid Year and a Tour of Old Languages
Links for the day
EPO Presentation Bemoans Misuse of Slop in Decision-Making on Patents and in Classification (Which is Likely Illegal Too)
We habitually mention failed use cases of LLMs on the Web
Mass Layoffs at Microsoft Confirmed, "XBox Hardware Is Dead"
It's possible that over 20% of the staff will be laid off
Links 30/06/2025: Kyrgyzstan vs Media Freedom, Dalai Lama Succession
Links for the day
Gemini Links 30/06/2025: Backend Programs in Gemini and Dynamic Content Without The Scripting
Links for the day
Links 30/06/2025: Zuckerberg’s Tax-Evading Scheme Harms Kids, US Copyright Office Lacks Leadership
Links for the day
Microsoft Isn't Laying Off Tens of Thousands to 'Invest' in Slop ('Hey Hi'), It's Laying Off Tens of Thousands Because It's Running Out of Money (and Willing Lenders)
the layoffs are a sign of the business failing, not "hey hi" (whatever that is) replacing staff
Intel Lays Off 20% of Its Workforce, Microsoft is Doing the Same This Year
Like a yoyo, whatever goes up will come back down
Microsoft XBox Layoffs: Almost 2,000 Layoffs Became "Over 2,000"? (Over 20% of the Staff)
over 20% of staff will be let go, not counting staff that leaves voluntarily
GNU/Linux Rises to New Highs in Angola, Africa in General is Abandoning Windows
Western media barely covers Microsoft layoffs in Africa, but in recent years Microsoft culled the workforce and even shut down entire operations
Summer Plans in Techrights and Elsewhere
massive layoffs at Microsoft
Destination Geminispace (in the Age of LLM Slop and Slop Images That Infest the Web and Social Control Media)
Geminispace isn't vast, but at least it is - on average - a lot "cleaner"
GNU/Linux Growing in Sierra Leone This Year
Based on what statCounter is seeing, this year there are more and more people there who adopt GNU/Linux
Serial Sloppers Gonna Slop
More sites out there ought to call out the cheaters
Quartz (qz.com) is Spam and a Slopfarm
It used to be OK. Then they fired the staff.
Links 30/06/2025: US Economic Woes, Extreme Heat
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 29, 2025
IRC logs for Sunday, June 29, 2025
Gemini Links 30/06/2025: "The AI Hype" and New AuraGem Ask
Links for the day
Our Desktops Are Not Your Experiments, X is Not an Experiment
Breaking what already worked
Microsoft's Big Lies Regarding This Week's Mass Layoffs Have Already Begun (and They're Already Being Spread by Slopfarms)
Microsoft is the "market leader" in slop
Explaining the Full Story of SLAPPs From Microsoft Staff
For every action there is a reaction, for every attack there will be proportionate consequences
The Openwashing Shills Initiative (OSI) - Part III: IRS and Status of OSI
"They lied to the US IRS and there’s a paper trail"
IBM Red Hat's Dogmatic Fanaticism Under a Thin Veil of "Modernism"
IBM now has the audacity to paint people who don't agree as "nazis"
Microsoft's Share in Guatemala Fell From 97% to 14%
Eventually Microsoft will get stuck in a loop of layoffs, layoffs, and more layoffs
They Made Technology Scary and Taught Us That It's Innocent, Friendly, Even "Social"
Rejection of all this "apps" and "gadgets" and "Smart" (whatever that means!) status quo isn't a rejection of society
The Media is Under Attacks Partly Because There's Little Other (Remaining) Press to Speak in Its Defence
The biggest danger here is that when there's very little press or no "opposition media" left it becomes even easier to crush critics because there aren't many people left to speak about the matter
If Your Web Site is Run by Bots, Eventually Nobody Will 'Read' It Except Bots (People Don't Want to Read Slop)
Eventually people learn from mistakes
Links 29/06/2025: Microsoft Releases False/Fake Benchmarks, "Google Wants You to Watch Ads or Take Surveys to Read Articles"
Links for the day
Links 29/06/2025: Data Breaches and Online Censorship
Links for the day
Gemini Links 29/06/2025: "The Price Of Eggs" and Gemini 3D Tic Tac Toe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 28, 2025
IRC logs for Saturday, June 28, 2025