Bonum Certa Men Certa

Media Sites Still Filled to the Rim With Pro-Software Patents Propaganda (Lies by Omission)

Selective media coverage as a biasing strategy

India Nepal cartoon



Summary: Sites of patent lawyers continue to tell only a fraction of the whole story, focusing on one single old case involving Microsoft (which supports software patents) rather than the full picture (Alice and PTAB crushing software patents in the United States)

PATENTS on software are worse than inessential. They're extremely harmful, especially but not only to software developers (irrespective of the type of software and whether it's proprietary or not). They are being promoted for (self) gain by billionaires and patent lawyers, as we noted in our previous post. So why are we still hearing software patents advocacy? Well, for one thing, patent lawyers have a grip on the media. They even have their own media sites and these often look like news sites (basically marketing/sales disguised as analysis or reporting). This post presents some of the latest propaganda on these matters.



According to this recent post from a patent lawyers' site: "A court was easily able to analogize claims of two patents directed to electronic messaging to manual communications processes; the court consequently granted a motion for summary judgment of invalidity under 35 U.S.C. €§ 101. Mobile Telecommunications Technologies LLC v. Blackberry Corp., No. 3:12-cv-1652-M (N.D. Texas May 12, 2016)."

"They're extremely harmful, especially but not only to software developers (irrespective of the type of software and whether it's proprietary or not)."Notice the "invalidity under 35 U.S.C. €§ 101" part. We're seeing lots of that today, but patent lawyers would rather de-emphasise or ignore such things. "US Pat 8,545,575," wrote Patent Buddy the other day. "This is the patent a UT Judge held invalid under 101/Alice" (the SCOTUS ruling on Alice in 2014).

There's more of that, e.g. Patent Buddy's "Portable Data Storage Device Patent Unpatentable Under 35 U.S.C. €§ 101" (same grounds).

The cited decision is described as follows: "In a final written decision, the Board found claims of a patent directed to a portable data storage device unpatentable under 35 U.S.C. €§ 101."

And from the decision: "The underlying concept of claims 13 and 14, particularly when viewed in light of the ’720 patent specification, is conditioning and controlling access to content based upon payment. This is a fundamental economic practice long in existence in commerce. We are, thus, persuaded, based on the ’720 patent specification and the claim language, that each of claims 13 and 14 is directed to an abstract idea."

"They even have their own media sites and these often look like news sites (basically marketing/sales disguised as analysis or reporting)."Looking at the site best known for software patents advocacy, they now have an article titled "Avoiding Alice Rejections with Predictive Analytics" (trying to find loopholes around the law). "Having affirmed the claim construction," says another such site, "the Federal Circuit likewise affirmed summary judgment of noninfringement, adding that disclaimer applied to both literal infringement and to infringement under the doctrine of equivalents."

This is actually about CAFC, not SCOTUS. CAFC is responsible for bringing software patents to the United States in the first place.

3 days ago Ping Hu and Michael McNamara of Mintz Levin tried hard to cherry-pick cases to bring back software patents, in spite of SCOTUS. Their 'article' was titled "A New Hope for Software Patents?" It looks like an analysis, but it's shameless self-promotion, as usual. Mintz Levin wasn't alone here. Patent lawyers are so desperate to spread one single case (Enfish v Microsoft) to the appeals folks in order to save software patents. See "The PTAB Applies Enfish" (the case everyone leans on for legitimisation of software patents). It says: "However, relying on the recent Enfish decision, the PTAB found that the claimed method did not recite an abstract idea. Id. at 15. In so finding the PTAB faulted Petitioner's argument for failing to analyze the claims as a whole. Id. at 15. The PTAB went on to analyze the claimed method under the second step of the Alice test and found that it too was not met. Id. at 16. The PTAB found that, like the claims in DDR Holdings, the challenged claims are necessarily rooted in computer technology. Id. at 17."

"CAFC is responsible for bringing software patents to the United States in the first place."PTAB is not stupid (or corruptible or greedy like the USPTO), so almost every software patent that comes there will end up dead. The blog post "Corelogic, Inc. v. Boundary Solutions, Inc. (PTAB 2016)" says: "On May 24, 2016, the U.S. Patent Office Patent Trial and Appeal Board (PTAB) issued a decision denying institution of covered business method (CBM) patent review of U.S. Patent No. 7,092,957 owned by Boundary Solutions."

That's more of the same, obviously. Even Apple is now running to the PTAB, having found itself on the receiving end of abuses it's now so renowned for. To quote IAM: "Shortly after Smartflash won a $533 million infringement decision against Apple early last year this blog pointed out that the NPE [troll] was still unlikely to ultimately receive such a big payout. For one thing the Court of Appeals for the Federal Circuit (CAFC) has shown its predilection for over-ruling big district court awards, particularly from the Eastern District of Texas and particularly damages awarded to NPEs."

What's noteworthy here is that Apple, which uses software patents against Android (and by extension Linux) suddenly does not like them (because they're used against Apple) and resorts/retreats to PTAB for reprieve. How pathetic is this? Double standards all over this...

"What's noteworthy here is that Apple, which uses software patents against Android (and by extension Linux) suddenly does not like them (because they're used against Apple) and resorts/retreats to PTAB for reprieve."Regarding PTAB, also see MCM v HP Briefs. To quote Patently-O: "MCM-Petition-and-Appendix: (1) Whether inter partes review (IPR) violates Article III of the Constitution; and (2) whether IPR violates the Seventh Amendment to the Constitution. Response Due June 30, 2016."

The inter partes reviews are carried out by PTAB, which we need a lot more of (the EPO equivalent, E/BoA, is being crushed by Battistelli these days).

Going back to Enfish v Microsoft, 3 weeks later patent lawyers still try to prop up this one single pro-software patents ruling. CoffyLaw published this promotional piece and Bastian Best is cherry-picking cases again, citing Michael Best who latches onto CAFC. Fish & Richardson PC, which we mentioned here many times before, also joins the opportunists with a so-called 'analysis' or comparison between Enfish and TLI (a case which soon after Enfish crushed software patents at the same court). Meanwhile, a Microsoft-connected patent lawyers firm (Shook Hardy and Bacon LLP) is trying to expand patent scope with a so-called 'analysis'. The common thing (or theme) here is that they only pay attention to what suits their agenda. It's not analysis, it's propaganda.

"The common thing (or theme) here is that they only pay attention to what suits their agenda. It's not analysis, it's propaganda."Owing to patent lawyers' hype and media saturation, Enfish v Microsoft is now widely known only for reinforcing software patents in the US. "Enfish Could Not Save Patents Asserted Against Nvidia," Patent Buddy wrote, citing this PDF. So obviously there's not much impact to Enfish v Microsoft after all.

Why does the media keep covering it like it's a groundbreaking decision? Here is the corporate media mentioning it almost a month later, stating: "The court wrote in Enfish, LLC v. Microsoft Corp that any “improvement to computer functionality itself” overcomes the abstract idea exception to patent eligibility that holds that what is abstract can't be patented." Yes, but how many similar cases were decided/ruled against software patents? Why are these being ignored? Selective attention? Or just propaganda dressed up as 'reporting'? These are rhetorical questions really.

Recent Techrights' Posts

Microsoft's "FUD-as-a-Service" (Against Linux) Not Functioning Well
This is the kind of contribution companies like Microsoft and Google have to offer to society
Betanews Becoming a Slopfarm is "Betanews Growing Alongside You", According to Betanews
Their first 'article' in over two weeks is 52% "AI-generated" (slop), 33% mixed (edited slop), 18% human-written, says an advanced scanner.
Double-Dipping the Docket for Microsoft Glory and Censorship of Microsoft Critics
same lawyer, same barrister, all US, all Microsoft
 
Gemini Protocol Turns 6 on Friday
Active (online) Gemini capsules are estimated by Lupa at over 3,000
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Like Most Social Control Media, Microsoft LinkedIn is Collapsing
One reason for Microsoft acquisitions is debt-loading, i.e. offloading and burying its debt
Microsoft is Losing Its Richest Clients
Unlike some very poor countries, Germany and the EU are a considerable source of income to Microsoft
Proprietary Means Not Secure
Proprietary software tends to rely on secrecy, not good design
Slop in 'AI' Clothing is a Passing Fad, We'll Get Past It (Like Blockchain Before That)
Many people cheat in exams using slop and there are professionals that try using slop as a "shortcut"
GNOME Does Not Campaign Against Microsoft, KDE Does
It's good to see that KDE is still active in promotion of Free software - a term that it uses
Slopwatch: BetaNews, Linuxsecurity, and Other Prolific Slopfarms
name and shame the sites that establish such proliferation of slop
Gemini Links 18/06/2025: Birch Lake and Loon Pond
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 17, 2025
IRC logs for Tuesday, June 17, 2025
Links 17/06/2025: "The Grift Economy" and Kubernetes Does Proprietary
Links for the day
Coffee Day and LLM Sloppers
The LLM slop "bros" are a lot like fake-money bros; they lie to people, they boast that they lie to people, and they're generally bad people, BS artists in colloquial terms
TheLayoff Censorship of IBM Threads Has Gone Truly Ludicrous
we do not argue that TheLayoff should not cull LLM slop
More Stallmanites Added to FSF Board and Summer Fundraiser Commences
There's some good news from the FSF
Gemini Links 17/06/2025: Consistency and Notes About NixOS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 16, 2025
IRC logs for Monday, June 16, 2025
July 2 2025 Would Not be First Big Wave of Microsoft Layoffs Before Major National Holiday
July 2 or 3 mark the start of a very long weekend in the US
IDG's NetworkWorld Seems to Have Just Become LLM Slop
If IDG (now controlled by China) does that in at least one site, why not the rest? Only a matter of time?
Gemini Links 16/06/2025: Free Lunches and Bookmarklet for Mastodon
Links for the day
IBM: Less Than a Month's Severance for Each Decade of Service
Yes, decade!
Taking a Lesson From Denmark and Greenland? Iceland Shows New Lows for Windows, All-Time Highs for GNU/Linux
If Microsoft sabotages systems of judges at the Hague (in order to appease the insane man who wanted to invade Greenland), why won't its neighbour Iceland take note?
BetaNews Has Just Deleted Its Latest 'Article' or Got Cracked Again and Restored From Outdated Backup Again
BetaNews seems to be in some serious trouble right now
Software Freedom is "Activism" Because the Corporate Agenda Revolves Around Bribery, Deceit, and Betrayal
At the end Software Freedom will win because it's on the same side as truth and lawfulness
The EPO, Europe's Largest Patent Office, Admits Outsourcing to Microsoft Slop
Their sole goal is to make more money
Links 16/06/2025: EchoLeak and NASA Teaming up With India
Links for the day
The Better the Understanding or the More Nations Understand the Threat Posed by Microsoft, the Faster It'll be Eradicated
We believe that the thing to advocate is self-hosting and Free software... A lack of simplicity or absence of alternatives is a form of vendor lock-in
A Week of Sunlight
They say transparency is like sunlight to a vampire
"Linux" Sites That Went Astray
there are even worse things than shutdowns
Links 16/06/2025: Climate, Wildfires, Breaches, and Monopolies
Links for the day
Links 16/06/2025: Summer in Finland and Misunderstandings
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 15, 2025
IRC logs for Sunday, June 15, 2025