Bonum Certa Men Certa

Patent Lawyers, Having Lost Much of the Battle for Software Patents in the US, Resort to Harmful Measures and Spin

The gentler equivalent of Donald Trump discrediting a US-born judge for being "Mexican"?

Justice Breyer ad hominem



Summary: A quick glance at how patent lawyers and their lobbyists/advocates have reacted to the latest decision from the US Supreme Court (Justice Breyer)

TECHRIGHTS isn't too shy to mock those who mislead the public in order to attract business. They're selling snake oil.



Earlier today we found this piece from IP Watch which took the side of patent holders [sic] as if they and they alone are the ones who matter. This is rather typical and very much expected from so-called 'IP' sites. Dugie Standeford (publishing behind a paywall) tells/covers only one side of this debate -- the much smaller side. The narrative is not complete.

"Personal attacks on SCOTUS Justices (especially Justice Breyer) are again quite tactlessly thrown into the mix, with focus on the same Justice whose intelligence was attacked before (see above)."IAM, which is funded by patent law firms and even patent trolls, is once again lobbying for software patents, trolls and many others that lose in the Cuozzo decision last covered here this morning (yesterday's rant was apparently not enough for this author). Earlier today he selectively mentioned people supportive of his position (i.e. IAM's sponsors). Just remember that IAM is not a news site but a lobbying campaign dressed up as 'reporting'. It's an advocacy site for EPO management as well, so it's important to see what these guys (yes, all male) are up to.

Personal attacks on SCOTUS Justices (especially Justice Breyer) are again quite tactlessly thrown into the mix, with focus on the same Justice whose intelligence was attacked before (see above). And for what? Simply for daring to put an end to (or helping towards the end of) software patents and by extension patent trolls in the US? Watch the ad hominem parts therein. How shameful. Over at Patently-O, which is a lot more professional, two related decisions are named as "their impact could shape the business model of patents licenses as property."

Actually, patents are not property but a time-limited monopoly on an idea, a concept, and sometimes a mechanical design or chemical recipe etc. SCOTUS is not in any way challenging property rights. There's nothing physical at stake.

"Actually, patents are not property but a time-limited monopoly on an idea, a concept, and sometimes a mechanical design or chemical recipe etc."Speaking of physical things, this new post from the Docket Report indicates that €§ 101 has just eliminated another bogus patent. To quote the original: "Similarly, a lawyer’s legal assistant may provide her with messages or mail in a manner that does not interfere with her primary activity: participating in a conference call. This could be accomplished at a certain time (delivering the message between telephone calls) or in a certain location (placing the message in the corner of her desk)."

It is truly satisfying and increasingly nice to see that all those bogus patents (on old ideas implemented in software) drop like flies. With few exceptions, no doubt, software patents continue to die in the US. For the first time in over a decade (since I started getting involved in this area), patent lawyers are on the defensive and they're terrified. Their software patents bubble is bursting and they might have to downsize a bit (maybe no yacht and one Ferrari fewer). Patents on algorithms are sinking like the Titanic in the very birthplace of software patents (it has been two years since Alice at SCOTUS; many patent applications get rejected now). It's great, unless one is a patent lawyer. Having been let down by SCOTUS, lawyers and attorneys now lean on [1, 2] CAFC, the nepotists' court that gave the US software patents in the first place (several decades ago with Martin Goetz). Incidentally, Patently-O writes about the very same case (Immersion Corp. v HTC Corp., which is effectively against Android/Linux) and it's not about patentability of software patents at all; it's about timing. Not much will come out of it and they're trying to find some small victory to distract themselves from the major defeat (Cuozzo).

"As always, we remain committed to fighting software patents wherever they appear."Funnily enough, in light of the Cuozzo decision Apple advocacy sites now pretend that Apple is fighting patent trolls when in fact it is Apple that acts like a massive troll, especially when it comes to its war on Android OEMs. Here is one such Apple advocacy site reminding us of Apple's patents hoard. Another site warns that "LinkedIn’s portfolio of over 1,000 families of granted patents, though only roughly half the size of Facebook’s, is on a par with Twitter’s." The LinkedIn deal with Microsoft "has a patent profile," says the headline. These are two companies which are very hostile with software patents, especially against GNU/Linux and Free software.

As always, we remain committed to fighting software patents wherever they appear. Software developers do not want them, whereas many of the above-mentioned parasites want them, in order to claw/grab the money earned by hard-working professionals that actually produce things.

Recent Techrights' Posts

Links 23/01/2025: More Overt Constitutional Violations and "TikTok Executive Order" (White Flag to CCP)
Links for the day
"The AI Bubble is Popping", Now It's Bailout Time
The hype will quietly fizzle, just like "blockchains"
[Meme] Reliable Sources
Sooner or later LLMs swallow up their own lies (that they generated), which means that over time those things will only deteriorate further, exacerbating an already-large misinformation pandemic
 
CDN Giant: Microsoft Bing and Skype Collapsed Since the LLM Hype, Same as Other Metrics Show
No wonder Microsoft managers suffer anxiety and there are several waves of layoffs even on the same month
Gemini Links 23/01/2025: Experience With Outer Wilds and Gifting a Site
Links for the day
Slopwatch: Fake 'Articles' About Linux by Brian Fagioli and by Brittany Day in BetaNews and linuxsecurity.com (LLM Slop Sites That Are Online Leeches or SEO Operations Working Against Free Software Journalism)
Two new examples for today
Status of New Year's Resolutions
3 weeks later
[Meme] When the Government of the Netherlands Participates in Your Crimes It Lacks an Incentive to Hold You Accountable for Crimes
the EPO's corrupt management boasted (on television) that it would ignore rulings against it even if issued by the highest Dutch court
Links 23/01/2025: US Constitution Already Besieged (Impeachable Offences Pile Up), Arrest Warrant for Assad
Links for the day
Microsoft's Head of Business Development Quits (Days After Two Large Waves of Mass Layoffs)
We recently learned that people close to the management are very stressed this month
BetaNews Plagiarising Work in the Linux Space
The originals won't even be listed
Gemini Links 23/01/2025: US Politics and DevOps Career
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 22, 2025
IRC logs for Wednesday, January 22, 2025
Links 22/01/2025: Jeju Air Blame-Shifting (Talk to the Wall), Copyright Maximalism Rebounds
Links for the day
[Meme] The 'Garbage in, Garbage Out' Patent Office
"law of the buzzword"
Clueless and Nontechnical EPO Management Uses the 'Great Scam' (Hey Hi Hype) to Justify Automation Where It's Both Detrimental and Illegal
The EPC has been practically set aflame; thus, the EPO has no legitimacy or reason to exist anymore
Links 22/01/2025: Democratising Tech Initiative and "Bye Bye Meta"
Links for the day
The Japanese translation of the term "free software"
by Akira Urushibata
Links 22/01/2025: "The AI Bubble Is Bursting" and Microsoft's Scam Altman is Already Looking for De Facto Bailout From the Insurrectionist
Links for the day
Dr. Andy Farnell's Latest Article About Software Freedom and Richard Stallman
why Dr. Stallman is being picked on
Geminispace (Gemini Protocol) Offers an Escape From Social Control Networks Owned by Oligarchs and Governments
Gemini capsules that promote fascism and retreat to feudalism are rare and scarce
The Free Software Foundation (FSF) Has Formally Added an Outreach and Communications Coordinator
Maybe the addition happened last year (we mentioned it in passing), but now it's in the "rota"
Electronic Frontier Foundation: Fighting 'for the Poor and Powerless' While Taking Home $336,000 in Annual Salary
nowadays works for or serves not the interests of the masses
Of Note: The Misguided, Infiltrated, Weakened Electronic Frontier Foundation (EFF) Now Operating at a Loss of Over a Million Dollars
Worst since the COVID-19 lockdowns
Free Software Foundation's Miriam Bastian: We Surpassed Our Year-end Goal of $400,000 USD Thanks to You!
Miriam Bastian: We surpassed our year-end goal of $400,000 USD!
[Meme] Omit Microsoft When It's a Scandal or a Breach, Whereupon It Becomes Just an 'IT Company'
Microsoft is like a cult. Members of this cult promote the opposite of security, expecting to be financially rewarded for it.
Calling Out Windows (TCO) is Apparently Impermissible in Some News Sites
The online news sites are failing us (and corporate sponsors play a role)
Richard Stallman's Remarks on His Pain
Published two days ago
Focusing on the Issues
we'll do our best to find the news and not talk about "Mr. T"
Only About 3.6% of Web Users in Pakistan Use Vista 11, According to statCounter
It's not hard to see why so far in 2025 Microsoft has already had several waves of mass layoffs - more than any other company
Rumour: In IBM, Impending "25% Reduction in Finance Roles"
25% to be laid off?
[Meme] Fake Articles From linuxsecurity.com (Just Googlebombing "Linux" With LLM Slop)
Google should really just entirely delist that site
RedHat.com Written by Microsoft Staff, Promoting Microsoft' Proprietary Software That Does Not Even Run on Linux!
This is RedHat.com this week...
Links 22/01/2025: Mass Layoffs at Stripe, Microsoft's Illegal Accounting Practices Under Scrutiny
Links for the day
Fake 'Article' by Brittany Day (Guardian Digital, Inc) About Linux Mint 22.1 'Xia'
Apparently they've convinced themselves that this is OK
Red Hat Dumps "Inclusive Language", Puts "Master" In Official Communications and Headlines
Red Hat: you CANNOT say "master" (because it is racist). Also Red Hat: we put in it our headlines.
Red Hat Offers DRM, TPM, and Backed Doored 'Confidential' Containers (CoCo) for Microsoft (Proprietary Spyware)
No kidding!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 21, 2025
IRC logs for Tuesday, January 21, 2025
Gemini Links 21/01/2025: Media Provocations and Nazis Not Tolerated
Links for the day
[Meme] Plagiarism Does Not Eliminate Jobs by Replacing Humans, It Replaces Human Knowledge With False Cruft
We need to boycott sites that fake their output
Slopwatch: BetaNews Plagiarism and LLM Slop by UNIXMen
"state-of-the-art" plagiarism
What Fedora, OpenSUSE, and Debian Elections Teach Us About the State of Weak (or Fake) Communities
They show a total lack of trust in these communities
[Meme] Doing Dog's Job (Not God's Job)
The FSF did not advertise the talk by RMS (its founder), who spoke in France almost exactly 23 hours ago
Links 21/01/2025: Mass Layoffs in "Security" at Microsoft (Despite Microsoft Promising It Would Improve After Many Megabreaches), Skype is Dead (Quietly)
Links for the day
Alternate Version of Daniel Pocock's 2024 Talk, "Technology in European Parliament Election Campaign"
There's loud ovation at the end of the talk
Gemini Links 21/01/2025: London Library, Kobo Sage, and Beyerdynamic DT 48 E
Links for the day
The January 20 Public Talk by Richard Stallman (Around Midday ET), Livestream 'Assassinated' by Google's YouTube
our guess is that the 'cancel mob' sabotaged it, possibly by making a lot of false reports to YouTube
[Meme] Free Software and Socially-Engineered Groupthink (to Serve Big Sponsors Like Google and Microsoft)
They do this to RMS all the time
[Video] Daniel Pocock's Public Talk About Free Software Politics, Social Engineering, Debian Deaths and Suicides, Coercion and Exploitation of Women
took many months to get
BetaNews Cannot Survive If Its Fake Articles Are Just SPAM for Companies Like AOHi and Aren't Even Composed by Humans
This is what domains or former "news" sites do when they die and look very desperately for "another way"
Pocock shot in the face, shot in the back, shot on Hitler's birthday saving France, Belgium and FOSDEM
Reprinted with permission from Daniel Pocock
Dr Richard Stallman in Montpellier, Robert Edward Ernest Pocock in France
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 20, 2025
IRC logs for Monday, January 20, 2025