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

Links 13/12/2024: Military Buildup Around Taiwan, More Health Problems Associated With Social Control Media Illuminated
Links for the day
[Teaser] The EPO is Still Calling Monopolies "Products"
Coming soon
Why We Cover the Topics That We've Long Focused on (by Choice)
We'll continue to cover suppressed issues because such issues are usually obstructed
[Meme] The Reasonable Man
"The reasonable man adapts himself to the world"
International Troll Alert by Helen Plews
Helen Plews from Cybershow has this new article
The FSF (Free Software Foundation, Inc.) Can Reach Its Funding Goal of $400,000. This Bothers the Imposters and Foes of the FSF.
Software Freedom is something we must perpetually fight for
Linux Foundation Pays for LLM Slop (Puff Pieces Made by Bots) About the Linux Foundation
The so-called Linux Foundation is responsible for the production of spam and slop
General Consultative Committee (GCC) Meeting at the European Patent Office (EPO) Shows Existing Problems
the "real problems" and why "digitalisation" doesn't solve them
 
Gemini Links 13/12/2024: "Virtue Signaling", Gopher, HTML and the 90s Web Aesthetic
Links for the day
Maybe - and Hopefully - More News Sites Will Go "Static" (More New Material Published But Established Pages Served Directly From the File System)
Keeping things simple and light is important for the sake of scaling
[Meme] Vendor Capture for 'Civility's Sake'
"I CoCed him already"
Anonymity for Sources
At the moment we can learn about stories in person or in encrypted voice chat
What Topics We Prioritise
On fishing for topics to cover
Oligarch-Owned Media Twists the Narrative and Demands More Surveillance
Corruption is the real issue here
Windows Falls to Single-Digit "Market Share" in Benin
Windows has fallen even further
[Meme] Doing Online Activism in Social Control Media
Dictators have always loved lists
Gemini Links 13/12/2024: Creative Moods, Berkeley DB, and More
Links for the day
Microsoft Windows Falls to New All-Time Low in Guatemala (Less Than a Quarter)
When it comes to operating systems, we don't think we've mentioned it before
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 12, 2024
IRC logs for Thursday, December 12, 2024
[Meme] Leave My /home Alone
A new version of Systemd
There's a New Version of Lagrange (Gemini Reader) and Its Developer is Making an IDE/Editor
I share or reciprocate almost anything I can through Gemini Protocol
Nick's Job at OSI: Promote Microsoft, Promote Proprietary Software
This is what Microsoft pays him to do
[Meme] Award-Winning Back-stabbing Opportunists
part of the rebel alliance
Azerbaijan Rejects Microsoft
Azerbaijan seems to have very little interest in Microsoft
[Meme] You Just Grab Him by the CoC
Sponsors of Python Software Foundation... "You don't like Python's corporate sponsor?"
Explaining What Deb Nicholson Does to the Python Software Foundation
Of course the OSI, which Nicholson also occupied, still helps Microsoft attack copyleft
IBM Said to Be Firing People Days Before Christmas
IBM is entering taboo territories
Microsoft Falls to Just 11% in Ivory Coast
Microsoft tried hard to catch up in mobile
Links 12/12/2024: Shell Settles With Greenpeace, DOJ Whistleblower Pilot Program
Links for the day
Gemini Links 12/12/2024: AuraGem TV and Advent of Code 2024
Links for the day
Fake "Linux" News, Produced by Microsoft Chatbots in 'Brittany Day' or "LinuxSecurity" Clothing
She's back at it
Microsoft OSI Promoting GitHub, Which is Proprietary and a Massive GPL Violator
OSI works for Microsoft, speaks for Microsoft, promotes proprietary software
Links 12/12/2024: Another 'Self-driving' Cars Dead End, Infowars Sale Blocked by Court
Links for the day
Links 12/12/2024: "Hey Hi" Hype Debunked, ActivityPub and Gemini Software on Same Server
Links for the day
Google Has Only Solidified Its Search Monopoly in Africa Since Microsoft's Chatbot/LLM Hype Started
Africa is basically a "Failed Market" to Microsoft
[Teaser] EPO is Running Out of Brains
EPO has been in the business of offering fake patents
South Korea Has Its Own Alternative to IBM's Proprietary RHEL
Owing to the Open Enterprise Linux Association (OpenELA)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 11, 2024
IRC logs for Wednesday, December 11, 2024
Fresh Rumour of Wave of IBM Layoffs Less Than a Fortnight Before Xmas Day
Unverified and anonymous
Links 11/12/2024: Additional Surveillance Ambitions and Cyberattacks on Sudanese Media
Links for the day
Links 11/12/2024: More Google Layoffs Rumoured for January, 'Linux' Foundation Colonises India
Links for the day
Mozilla's Firefox is Floundering, in the United Kingdom Its Share Fell to 2% This Month
HTTPS is becoming little but a transport layer for Chrome-like browsers, i.e. proprietary things with DRM and perhaps attestation (which means you cannot modify them; you'd get blocked for trying)
Protecting People From So-called 'Social Media' is Not Censorship (No More Than Banning or Restricting Access to Cigarettes is 'Censorship')
it's not censorship when the thing you are censoring [sic] is itself a censorship powerhouse operated by a foreign and hostile nation (or oligarchs of Musk's nature)
[Meme] Solving Real Problems With So-called 'Social Media'?
Feeding and medically treating animals helps, unlike "likes"
Links 11/12/2024: Climate Warming, 'People Can Fly' Layoffs
Links for the day
Gemini Links 11/12/2024: LLMs as Plagiarism, Advent of Code 2024 Momentum
Links for the day
In United Arab Emirates (UAE), Microsoft Now on One in 8 Internet-Connected Devices?
Web-connected clients are becoming scarce that run Microsoft operating systems (Windows)
IBM and Microsoft Hats at Linux Foundation
"Fedora Project Leader Matthew Miller: A change of hats!"
IBM's Latest Fedora Divestment Speaks for Itself
Microsoft must be very pleased with what IBM is doing
Why is UK Press Gazette Jingoistic About Plagiarists and LLM Slop Disguised as Journalism?
Press Gazette appears to be participating in the attack on honest journalism
EPO is Corrupt Like Always, What Changed is the Lack of Media Coverage (No Transparency Means No Democracy)
We need to revive online media and encourage dissent
[Meme] How NOT to Do Activism Online
So many self-professed liberals continue participating and driving traffic (ads) in X
In Central Africa, Which is Bigger Than Europe, Windows is About 5% in Terms of "Market Share"
they apparently got so fed up with colonialism
Communicating Outside of Skinnerboxes and Social Control Media
Tackling collective isolation and miscommunication (or communications being controlled by middlemen)
Number of Libera.Chat Users (Simultaneously Online) Falls to Lowest Figure in Over 3 Years
Notice the downward trend/curve in recent months
[Meme] Social Control Media is NOT Free Speech
It's time to discard that stupid argument that banning an abusive censor is "censorship"
Banning Not Only TikTok... if Not for FOMOC (Fear of Missing on Constituents)
It's a sort of addiction by peer pressure
Shedding Light on How the EPO Sheds Off Staff in Order to Grant Loads of Invalid (Fake) Patents in Europe
The people who decide on these policies lack a background in science
Montenegro's Share of GNU/Linux Reaches All-Time High
We don't really know why, but that's just what the data from statCounter suggests
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 10, 2024
IRC logs for Tuesday, December 10, 2024