Bonum Certa Men Certa

As Alice Turns Two, Bilski Blog Says 36,000 (Software) Patent Applications Have Been Rejected Thanks to It

CLSOne single decision that has changed everything

Summary: A look back at the legacy of Alice v CLS Bank and how it contributed to the demise of software patents in the United States, the birthplace of software patents

THE DAY of Alice I still remember very well. I was in Scotland on holiday at the time and it seemed like the beginning of something amazing, having spent over a decade fighting against software patents.



The EFF has just come out with an announcement titled "Happy Birthday Alice: Two Years Busting Bad Software Patents" (yes, they actually said software patents, for a change).

"This week marks the second anniversary of the Supreme Court’s landmark decision in Alice v. CLS Bank," said the EFF. "In Alice, the court ruled that an abstract idea does not become eligible for a patent simply by being implemented on a generic computer. When the case was decided, we wrote that it would be a few years until we knew its true impact. Two years in, we can say that while Alice has not solved all problems with software patents, it has given productive companies a valuable tool for fighting back against patent trolls. And while it has been bad for the trolls, there’s little reason to think the Alice decision harmed real software companies."

That last sentence is important in light of the quote that we shall give later (from those who profit from software patents without creating anything).

“Two years in, we can say that while Alice has not solved all problems with software patents, it has given productive companies a valuable tool for fighting back against patent trolls.”
      --EFF
This decision has had truly profound effects and it has become the nightmare of patent lawyers who rely so heavily on abstract software ideas becoming patents (often just old ideas transformed into code). Robert R. Sachs, who isn't particularly happy about what Alice has done, says that "well over 36,000 applications have been rejected based on Alice" in yesterday's analysis. He provides a lot of data and charts, as his blog so often does (very informative blog by the way, with original research).

As expected from Mr. Sachs, he acknowledges this is good news but then pretends it somehow discourages investment (maybe in patent lawyers). It's a somewhat questionable part (without evidence to back it), as one might expect from patent maximalists. The final paragraph states: "It is true that Alice has been successfully used to combat patent troll litigation based on poor quality patents—and that society benefits when these patents are invalidated. But the price of such benefits cannot be measured because we cannot know at what costs these outcomes came: we will never know what inventions did not get funded and developed because of Alice. That is why it is necessary for the courts and the USPTO to tread carefully."

Actually, a lot of companies are destroyed by software patents (e.g. patent trolls that use them) before they even have the opportunity to attract investors. We have given examples of that over the years.

“It is true that Alice has been successfully used to combat patent troll litigation based on poor quality patents—and that society benefits when these patents are invalidated.”
      --Robert R. Sachs
Dennis Crouch and what seems like a patent lawyer, Michael S. Kwun, inevitably make fun of Alice [1, 2], which helped eliminate a lot of software patents. Also mind the a paid IAM 'article' that now speaks about FRAND, a Trojan horse for software patents even when/where they are not legal. The piece says: "Paragraph 63 of the Huawei decision states that the SEP user must express its willingness to conclude a licensing agreement on FRAND terms."

FRAND does not mean free, the "F" stands for fair and is typically incompatible with Free software, where the "SE" in SEP means standard/s-essential, meaning that there is no way around some kind of patent tax/payment. Thankfully, after Alice, a lot of so-called FRAND ploys can be rendered irrelevant and obsolete, especially once challenged in a court of law. We already wrote many articles about FRAND in Europe and how Microsoft uses it to push for software patents in Europe and thus exclude GNU/Linux.

Recent Techrights' Posts

Linux is Already Dominant (Android), Let's Make GNU/Linux Dominant in Desktops/Laptops as Well
"Dr. Stallman recently warned everybody about Microsoft."
 
Say the Truth, the Rest Will Follow
There's no guarantee that writing the truth will result in an audience (or readership), but over time - in the long run - people generally gravitate towards what they know or feel to be crude truth, not just what's comforting (albeit false or self-deluding, usually groupthink dictated from above)
How to Expose High-Level Corruption Without Getting in (Too Much) Trouble
Democracy depends on free press and freedom of the press depends on being able to safely publish (and keep available) material that bad people don't want to be known to anybody
In-Depth EPO Coverage at Techrights Turns Eleven
11 years is a very long time
Windows Measured Below 10% in Afghanistan, GNU/Linux Gaining a Lot
about 80% are Android (Linux) users, compared to only about 10% for Windows
Poland's Political Predicament and Social Control Media
Democracy and fake "tech" don't mix well; the latter tends to interfere with the former and that's why we get more "Putins" out there
EPO: Taking Away From the Staff to Give More to the Rich
The Central Staff Committee (CSC) wrote to EPO staff earlier this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 03, 2025
IRC logs for Tuesday, June 03, 2025
Abuse Inside the Polish Patent Office (UPRP) - Part I: It's a Lot Like the EPO
we can commence a series soon
Gemini Links 04/06/2025: Inescapable Questions and Quitting All "Oligarch Tech"
Links for the day
Slopwatch: Linux FUD From Slopfarms, Blaming Linux for Microsoft Issues; Even WebProNews Has Become a Slopfarm (Googlebombing "Linux" With Slop Images and Fake/Plagiarised Text)
The Web is really getting bad; it's also overwhelmed by fake material or plagiarised material, wherein the plagiarism gets disguised/hidden by LLM sausage factories
Links 03/06/2025: Tiananmen Square Massacre Censorship and Growing Military Activities Around Taiwan
Links for the day
The Loyalty to Microsoft and the Salaries From Microsoft (Funding SLAPPs Against Techrights and Tux Machines)
Garrett always knows better. He knows everything best.
Windows Falls in Italy as GNU/Linux Jumps to 5%
Italy knows a thing or two about digital autonomy
Nigeria is All Android and Google
Windows down to almost nothing in Africa's largest population
Mass Layoffs at Microsoft (Second Wave) Not Limited to Redmond
"More layoffs at Microsoft as axe falls in Washington and California"
Gemini Links 03/06/2025: Forth System and "Common Lisp is a Dumpster"
Links for the day
The Leaks Were Right: Mass Layoffs at Microsoft in May, Then Another Wave in June
Just as we've been saying for over a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 02, 2025
IRC logs for Monday, June 02, 2025
Last Article From Australia's Sam Varghese Was a Year Ago and It Covered the Release of Julian Assange, Who Will Apparently Come Back as 'Politician'
It'll soon be exactly 12 months
Hungary Seems Hungry for Linux
Windows down by a lot
Like in Europe, Bad News for Microsoft in US and Canada
If it loses those "regions", then what's left?
About 8 Waves of Mass Layoffs at Microsoft in 2025 (in Less Than 5 Months), Now Vista 11 "Market Share" Decreases
Really bad news for shareholders of Microsoft
statCounter Sees Bing "Share" Falling Over 0.5% in One Month, Now Lower Than Before the ChatGPT/Bing Chat Hype
Bing has been part of the mass layoffs for quite some time
After Microsoft's Bankruptcy in Russia Android (Linux) Will Dominate Asia Completely
Windows probably peaked in "XP" or "2000"
Microsoft's Demise is a Global Phenomenon
mass layoffs justified using mindless buzzwords
All-Time Highs for GNU/Linux in EU and the UK, All-Time Lows for Microsoft
Combining ChromeOS and GNU/Linux, it adds up to and almost reaches 6%
India: Windows Falls to 50% in Desktops/Laptops and 8% Overall
laptops/desktops fell to 16% of the whole
statCounter: GNU/Linux Up to 4.7% "Market Share" This Month
30,000 Microsoft jobs may be eliminated by year's end
Microsoft is in Trouble and Microsofters Know It
"I've been happy on Win 3.11 for years."
[Video] New Introduction to Richard Stallman's Contributions Including GNU Emacs, GNU/Linux, and Software Freedom
from the channel previously bullied for supporting RMS
Links 02/06/2025: South Korea to Vote, Russia Blitzed From Within
Links for the day
Links 02/06/2025: Political Leftovers, DRM, and Patents
Links for the day
Links 02/06/2025: Microsoft Spins Layoffs as "Slop", Frontier Settles Lawsuit
Links for the day
When You Publicly Boast About Wanting to Violently Attack People (Even Colleagues) Finding a Job Will Prove Difficult
there's a lesson to be learned here
The Web We Lost, the Information Lost Due to Microsoft's Attacks on Companies Like Yahoo! (Before the LLM Slop Frenzy)
When it comes to news sites, what can we say?
Covering Corruption in Poland, Including a War on Science (Due to Bad Politicians)
What we're about to show is that skilled and experienced scientists in Poland are besieged by bureaucrats
Gemini Links 02/06/2025: "Star Wars Day" and "Security Day"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 01, 2025
IRC logs for Sunday, June 01, 2025