Bonum Certa Men Certa

VENUE Act Not the Solution and Amid EFF News About Intellectual Ventures and Garfum It's Time to Tackle Software Patents

Reform jokeSummary: Some news regarding patents with emphasis on the EFF's situation and current strategy, which overlooks the core issue, software patentability in the United States

TODAY's (or this afternoon's) focus will be the USPTO. There is a lot to be said about the US patent system, both good news and bad news. As longtime readers of ours know, we're not opponents of the patent system per se, we're against software patents, which oughtn't be granted at all because code is properly protected by copyright law. Virtually all software developers (based on old surveys and polls) agree with us on software patents. It's hardly even a subject of debate inside the software community, only outside of it.



"Virtually all software developers (based on old surveys and polls) agree with us on software patents."Days ago we remarked on the VENUE Act, the latest hyped-up bill which claims to tackle issues even if it's a half-cooked solution. Last year we saw Innovation and PATENT Act (remember it? One of many incarnations and efforts [1, 2, 3, 4, 5, 6, 7]). They're all just buzzwords and they focus on patent trolls, not patent scope. The effort taken to come up with those silly acronyms (like PATRIOT) shows that it's more about marketing than about substance. As TechDirt has just explained VENUE Act (Nathan Leamer and Zach Graves, the authors, aren't TechDirt people), "it isn't the kind of comprehensive corrective to America's "patent troll" problem that we'd like to see, the newly introduced Venue Equity and Non-Uniformity Elimination Act would address one small piece of the problem. The bill, S. 2733, would curtail rampant venue shopping that unfairly distorts legal outcomes by allowing plaintiffs to select friendly judges in advance."

Given some judges' or courts' inclination to accept abstract software patents, this potentially has a positive effect on resistance to software patents. At around the same time as the above, TechDirt also reposted the EFF's article (the EFF is a proponent of VENUE Act by the way) about Microsoft's biggest patent troll, Intellectual Ventures, calling it "Mega-Troll" and stating that it "Hits Florist With Do-It-On-A-Computer Scheduling Patent" (software patent).

"This Microsoft-connected troll also attacks Linux and Android, as we showed here before."To quote the EFF: "When it comes to patent trolls, no one is bigger than Intellectual Ventures. The Washington State-based behemoth is at the center of both patent trolling and the debate around patent reform. Though it claims to promote innovation, Intellectual Ventures is behind some of the most outrageous troll campaigns in recent years. Famous for hiding behind thousands of shell companies, it spawned Lodsys, the troll that harassed small app developers, and the Oasis Research litigation featured in This American Life.

"This month, Intellectual Ventures filed some fresh lawsuits against targets including JCPenney, Sally Beauty, and flower delivery service Florists' Transworld Delivery. We checked out the asserted patents to see if any deserved our Stupid Patent of the Month award. All were worthy candidates, but one in particular stood out."

This Microsoft-connected troll also attacks Linux and Android, as we showed here before. It is acting as a sort of Microsoft proxy, one among many. Intellectual Ventures also has a network of thousands of satellite firms, making it like a phantom that's too cumbersome to properly track.

"Intellectual Ventures also has a network of thousands of satellite firms, making it like a phantom that's too cumbersome to properly track."Separately, based on this post from the EFF, "Blue Spike is a repeat patent litigation player. Lex Machina (a service that collects patent litigation filings from across the country) indicates there are over 100 lawsuits involving Blue Spike and its patents. Unsurprisingly then, Blue Spike’s campaign has garnered press attention. We’ve written about Blue Spike and its patents in connection with our “Stupid Patent of the Month” series. Others have written about Blue Spike too."

In more positive news from the EFF, on Twitter it said: "Court orders that patent bully must pay EFF client's attorneys' fees." Here is the corresponding article which says:

In a decision that could help other victims of abusive patent litigation, a court today ordered that Garfum.com Corporation must pay an EFF client’s attorneys’ fees. The court found that Garfum’s patent suit lacked merit and was litigated unreasonably.

Back in late 2014, Garfum sued a small photography website called Bytephoto.com for patent infringement. Garfum claimed to own the idea of having a ‘vote for the best’ competition, but on the Internet. Even though its absurd patent was plainly invalid under the Supreme Court’s decision in Alice v. CLS Bank, Garfum demanded that the owners of Bytephoto, Ruth and Steve Taylor, pay it $50,000. Given the substantial cost of defending even a frivolous patent lawsuit, the Taylors faced a difficult situation.


This has already been covered by Joe Mullin, who tracked patent trolls for about a decade. "The Electronic Frontier Foundation," he wrote, "has advocated against ridiculous software patents for more than a decade, but it wasn't until last year that the organization took on a pro bono client accused of patent infringement. A little-used video website called Garfum.com sued Pennsylvania photographer Ruth Taylor, saying she was infringing US Patent No. 8,209,618. Garfum, owned by a New Jersey man named Michael Garofalo, says the patent was infringed by the photo contests Taylor runs on her website, Bytephoto."

Worth noting here is that we're dealing with a software patent, again. Why doesn't the EFF just tackle software patents as opposed to "stupid patents" or "patent trolls"? Better join the good fight, better late than never.

Recent Techrights' Posts

Rosanna Yuen & GNOME community triple tricked
Reprinted with permission from Daniel Pocock
IBM Layoffs Not Done, Terminations of Staff in India, Brazil, and Mexico Reported
This hopefully answers questions such as, "do the layoffs only impact US and Canada?"
Before Freenode Collapsed Its Staff (the People Who Now Run Libera.Chat) Were Censoring/Silencing Some Free Software Supporters
We still have this issue in the Free software community
All We Want to See is Any Form of Accountability in Europe's Largest Institutions
Because people at the top of institutions should never be above the law!
 
Our Launch of Techrights Search Has Been Successful (So Far)
There are about 50,000 articles indexed there, going 19+ years back
Daniel Pocock Explains Social Engineering in Debian and Other Communities Increasingly Controlled by "Barons"
Communities are not corporations
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 07, 2025
IRC logs for Friday, November 07, 2025
Adrian & Diana von Bidder-Senn, Debian: detailed history of a death
Reprinted with permission from Daniel Pocock
Crypto AG tricked ETH Zurich student internship
Reprinted with permission from Daniel Pocock
An Old Story of Fraud at the EPO in the Netherlands (and How the Dutch Government Facilitated It)
We've already mentioned several other scandals where the the Dutch government engaged in fraud and passive corruption
Voicing Concerns About European Patent Office (EPO) in Rijswijk
The report is dated yesterday
Gemini Links 08/11/2025: KeePassRX and Pluribus
Links for the day
Slopwatch: Brian Fagioli Targets "Linux" With LLMs, Google News Helps Blame "Linux" for Amazon WorkSpaces Flaws
Tonight's slopfest
Gemini Links 07/11/2025: Switzerland, k3s, and Privacy
Links for the day
Links 07/11/2025: Software Patents Squashed, Stock Markets Wobble Over Slop Uncertainties
Links for the day
A 19th Anniversary and High-Impact Exclusives
The end of 2025 will be very difficult for EPO management
The Register MS, Payroll First
GNU/Linux is a growing platform
Links 07/11/2025: US Government Shutdown Imperils Critical Functions, Slop in "AI" Clothing Debunked Some More, Bubble's Implosion Ongoing/Imminent According to Experts
Links for the day
Gemini Links 07/11/2025: No Goodbyes, Homelab, Mouse Keys / Pointer Keys
Links for the day
12 Years for Justice is Far Too Slow (and More People, Especially Women, Are Hurt)
Why do police departments and legal systems fail to protect women?
Freenode and irc.com Are Still Around
It emulates retro terminals
We Don't Compete, We Analyse and Report
Principles are so much better than money and they're something money can never acquire
Red Hat is Also Laying Off Staff in India
Red Hat is a dishonest company
Finding Recent Talks of Richard Stallman
We already have many pages, documents, and media files. Organising them and helping people find them is the next Big Task.
Richard Stallman First Speaker at Ethereum Cypherpunk Congress the Weekend After This Coming Weekend
He'll be speaking over the Net
Diversity at Red Hat
Remember to judge corporations by their actions, not some Web pages with words in them
First the Python Software Foundation (PSF) Attacked Its Most Productive Volunteers. Now It Attacks Its Funding Sources.
The U.S. National Science Foundation (NSF) rejected by PSF
News of Substance About the EPO's Substance Abuse (Cocaine)
EPO Cocaine Chronicles - link to archived BILD article and photos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 06, 2025
IRC logs for Thursday, November 06, 2025
On Midlife Crises
Focus on the sabotage, not politics
Hallmark of Fake News: "Single-digit" (Percentage) and 1% Isn't the Same Thing
apparently "rebalancing" is the new layoffs euphemism
Links 07/11/2025: Patent Trolls Target Germany, Celebrities Visit Ukraine
Links for the day
Misinformation/Disinformation Disguised as Information About GNU General Public Licenses (GNU GPL) Usage
GPL-type licences (reciprocal obligations) remain dominant
Slopwatch: LinuxSecurity, Brian Fagioli, and Google News Boosting WebProNews (All Slopfarms)
Those slopfarms just saturate the Web with misinformation and mindless chaff
Techrights and Tux Machines at Over 40
19 years of Techrights and 21+ years of Tux Machines
IBM Mass Layoffs This Week Not Limited to North America, Red Hat Staff Terminated
Do not relocate for a company that sees you as nothing but a number or a "human resource"
Coming Soon: More Proof of Cocaine Use at Europe's Second-Largest Institution
Stay tuned
Entering Our 20th Year
...and still looking for answers
Mailing lists vs Discourse forums: open source communities or commodities?
Reprinted with permission from Daniel Pocock
Links 06/11/2025: "Component Abuse Challenge", Google Play Store Deemed Too Monopolistic
Links for the day
Microsoft and Microsoft GitHub (and Rust @ Microsoft GitHub) the Future of Ubuntu, They Want the Same for Debian
Ubuntu is not the place to find freedom
Richard Stallman Was Right About LLM-based Chatbots
the passing fad, LLM-based chatbots
IBM Has Not Been Good for IBM's Red Hat (Which Microsoft Also Attempted to Buy)
GAFAM or GIAFAM are not a force for good
Taking Back Control Over Technology We Purchase (Study, Modify, Enhance, and More)
"The war on general-purpose computing continues
Links 06/11/2025: EFF Wants New Executive Director, Microsoft's Azure Falls Over Again
Links for the day
All Set for Tomorrow
Techrights waves
The Corporate Media Carries on With Patently Phony and Misleading Narrative About IBM's Mass Layoffs
Instead of rightly alleging business failure or commercial (leadership's) weakness it is offloading blame to some mindless buzzwords
IBM Isn't Hiring Based on Age Groups. It Still Hires Based on Salary Expectations.
It is not about the skills available, it's about the expected cost of labour
Estimating the Scale of IBM's Mass Layoffs This Week
there is no denying that the IBM layoffs are vast
Telling Our Story as Victims of Online Abuse
This post will not mention any names
Claim That EPO Quotas Brought Corruption and Mischief to Europe's Second-Largest Institution
Nowadays corruption is the norm at the EPO and there is even rampant substance abuse among the people who run the Office
Rust's "Memory Safety" Talking Point Ought to be Discarded in Light of Fil-C
new memory-safe C/C++ compiler
Claim That IBM Has Another 8 Days to Lay Off 'Expensive' Staff
The consensus in comments we see is, IBM is a terrible place to work in, treatment of its workers is appalling, it's utterly foolish to relocate in an effort to retain a job at IBM, and it's foolish to join the company in the first place
Science Demands Facts, Not Dogma
Saying that restricted hardware is not secure hardware should be common sense
Site Anniversary is Tomorrow
The celebrations might delay our EPO series somewhat
Launching Techrights Search
New search interface and locally hosted back end
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 05, 2025
IRC logs for Wednesday, November 05, 2025