Bonum Certa Men Certa

Software Patents Help Neither Software Developers Nor Society in General. It's Time to Bury Them All.

"Patentism" is like a religion, explained the likes of Pieter Hintjens (software developers)

Pieter HintjensSummary: The idea that patents for the sake of patents (or increasing the overall number of patents) is somehow beneficial to everything these patents touch is misguided and detrimental not only to practitioners but also to the public whose work contributes to

THE software development community -- be it proprietary or Free software developers -- rejects software patents. Just ask almost any software developer (not the same as some CEO of a software company or someone from its legal department).



Myself, as a software developer, can honestly say that I've never come across a single software developer who defends software patents. Ever!

"Myself, as a software developer, can honestly say that I've never come across a single software developer who defends software patents."Patents in their own right don't promote innovation. They can, in some cases, protect inventors from blatantly obvious ripoffs, but that depends on the area/discipline of that invention/discovery.

Timothy B. Lee, a longtime opponent of software patents (he wrote many articles on that subject), published "Patent disputes stand in the way of radically safer table saws" a few days ago. The headline has been changed since (probably the editor decided to 'botch' it), but the contents of the article are still the same:

In 2015, 4,700 people in the US lost a finger or other body part to table-saw incidents. Most of those injuries didn't have to happen, thanks to technology invented in 1999 by entrepreneur Stephen Gass. By giving his blade a slight electric charge, his saw is able to detect contact with a human hand and stop spinning in a few milliseconds. A widely circulated video shows a test on a hot dog that leaves the wiener unscathed.

[...]

Beyond a possible CPSC mandate, the other big danger facing table-saw manufacturers who don't adopt the new technology is product-liability lawsuits.

Before the invention of the SawStop technology, power-tool makers could argue that table saws were just an inherently dangerous product, and customers accepted the risk when they chose to buy and operate them. But now that technology like SawStop exists, plaintiffs have begun to argue that the absence of the technology constitutes a dangerous design defect.

A Massachusetts plaintiff won a lawsuit with this argument in 2010. There have been others since then, including one in Illinois in 2014 and another in Pennsylvania in 2017.


There are similar kinds of patents whose net effect is the death of many people, especially poor people. The same is true for some so-called 'green' patents (the EPO likes to boast about these for greenwashing purposes), which give a monopoly on environmentally-friendly approaches rather than actively encourage these approaches (dissemination of knowledge and permissive paradigms). Let this remind us that patents in their own right are not necessarily desirable. It's a case-by-case thing, typically depending on the problem's domain.

"The USPTO continues to grant software patents, but a lot of these -- at least those that get tested outside the USPTO -- get invalidated."That brings us to this new press release, which speaks of "patent-protected software" even though such a concept is hardly enforceable by courts anymore. US courts are not tolerating software patents (or barely find merit in these). And sure, even though US courts are trashing a lot of US patents the USPTO continues granting them by the truckloads (Patently-O has just projected another record high). It's not as though real, actual innovation magically doubled in a decade or two, right? It's just that "patentism" has become like somewhat of a religion whose core value is, "if we grant more patents, we'll be in a position of advantage" (rather than a trolling Armageddon). This new article from Ireland (found last night) speaks of software patents that are truly hurting Irish software companies. What good is that for the Irish economy?

Hopefully, if it's not too late, software patents in Europe can be stopped (no more grants) and revoked (invalidating existing ones). The USPTO continues to grant software patents, but a lot of these -- at least those that get tested outside the USPTO -- get invalidated. A simple extrapolation would say that perhaps hundreds of thousands of US patents are therefore zombies (or "dead men walking").

"The USPTO, as we have been saying a lot over the past few weeks, should simply stop granting software patents."Suffice to say, the patent microcosm is not happy about this. Today in The National Law Review there's this ridiculous article from Steven Lundberg, a self-serving software patents lobbyist and patent profiteer (he created nothing, except a blog that promotes software patents). He speaks of that laughable 'protest' we mentioned yesterday and says this: "One of the great oddities of the U.S. patent system is the relative ease with which the rules allow a duly examined patent to be cancelled by the PTAB. [...] I am hoping that in the future a better job can be done in examining a patent in the first place so that there isn’t arguably a “double standard” for patentability – the everyday examination standard used to examine patents prior to issuance, and the PTAB standard. It would be far better to not issue a patent in the first place, then to issue it and then have a change of heart later, after millions of dollars have been invested in the assumption the patent is valid, at least in the eyes of the USPTO."

We can agree with that to a degree. The USPTO, as we have been saying a lot over the past few weeks, should simply stop granting software patents. Otherwise, the perceived legitimacy of US patents will fall so sharply that the Office will implode (like the EPO right now, where patent applications are declining in number).

Recent Techrights' Posts

Microsoft Bankruptcy
"Microsoft unit in Russia to file for bankruptcy, database shows"
Techrights Does Not Compete With LLM Slop, It Exposes the Bastards, Plagiarists and Scammers Who Do That
People like Scam Altman, still facing a lawsuit from his own sister for sexual abuse against her
 
Google Bribes EFF. EFF Promotes LLM Slop as 'Fair Use'. To GAFAM It's a Low-Cost Lobby Hedge.
So the bribes pay off ("slush fund") and the word spreads
Slopwatch: Fake Text and Images, Financial Bubbles, and Scams in "Intelligent" Clothing
Sometimes what they mean by "AI" is just cheap labour somewhere else, as we discussed in IRC a few hours ago
Why Microsoft is Collapsing (Similar to What's Happening at IBM), As Insiders See It
IBM seems like one heck of a mess
Reliable Computing Means Free (Libre) Computing
Sites that want to promote security ought to deal with the biggest issues
Links 31/05/2025: US Court Orders Sides With RFE/RL, War Updates From Ukraine
Links for the day
Gemini Links 31/05/2025: ARM Server and power_supply Subsystem
Links for the day
Links 31/05/2025: Slop Stigmatised as Disinformation, Catalyst/Driver of "Death of Communication"
Links for the day
Common Sense 101: Do Not Write Blog Posts Saying You Want to Murder Colleagues (or Yourself)
Only crazy people would think stabbings are a joke
Links 31/05/2025: Microsoft-Connected Builder.ai is a Fraud and US is Purging Students Based on Race/Nationality
Links for the day
Gemini Links 30/05/2025: Limmat, Doomscrollers, and Arguments Parsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 30, 2025
IRC logs for Friday, May 30, 2025
The "AI" (Slop) Bubble Already Popped, But It's Not an Overnight Collapse
where Microsoft put its money
No More Steven Astorino at IBM, Chatter About Weekly/Nonstop Layoffs at IBM
What happened? Good luck guessing.
Looking at Corruption in Europe, Going Beyond the EPO
Expect a new series to kick off very soon
Slopwatch: Security SPAM and LLM Slop for SEO and FUD Purposes, Perpetually Tarnishing the Perception of Linux and (Open)SSH Security
A lot of this Fear, Uncertainty, Doubt (FUD) comes from Microsoft and its LLMs
Links 30/05/2025: Google's LLM Slop Pushers Are Killing Journalism and Shira Perlmutter Fails to Stop Bribed Regime From Legalising Plagiarism (in "AI" Clothing)
Links for the day
Links 30/05/2025: Offline Arts and "Threshold of Patience"
Links for the day
Signing Off Serious Lies With a Statement of Truth is No Joking Matter
It's not hard to see what's happening here
Links 30/05/2025: LLM Slop Already Ingests and Vomits Its Own Garbage, Facebook Exec Admits Copyrights a Concern Too
Links for the day
Mass Layoffs at Microsoft Result in More Whistleblowers From Microsoft
Microsoft's predatory pricing is further
Slopwatch: Planet Ubuntu Became LLM Slop and Some People Fail to See the Immorality of Plagiarism
it lessens the incentive for people to publish real articles
EPO Poll: 68% Dissatisfied With Quality of Slop (Wrongly Framed as "AI") for Patent Classification
Slop does not work, it's just falsely advertised with extra hype (funded by slop pushers that sponsor the major media)
Big Crowds Gather to Learn About Software Freedom From the Man Who Started GNU/Linux in 1983
"It was a great success"
Microsoft Layoffs Again in Bay Area
Microsoft relies on people's false belief that being "in LinkedIn" will get you a job; well, seems like even working inside LinkedIn really sucks and you lose the job
Gemini Links 30/05/2025: Fighting Against the Bad News, and Slop is Dehumanisation Disguised as "Intelligence"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 29, 2025
IRC logs for Thursday, May 29, 2025
Links 29/05/2025: Chinese Cracking Against EU Institutions (Prague), More Assaults on Media and Its Funding Sources
Links for the day
EPO Workers Caution That the Officials Are Still Illegally Trying to Replace Staff With Slop (to Lower Quality and Validity of European Patents)
Nobody in Europe voted for any of this
Links 29/05/2025: US Health Deficit and Malware Disguised as Slop Generator
Links for the day
Links 29/05/2025: Turtle Roadkill, Modern 'Tech' as a Sting
Links for the day
Thanks for All the Fish, Linux Format
people who once wrote for it (or for other magazines) comment on the importance of this news
People's Understanding of the History of GNU/Linux is Changing
RMS is not a radical, he's just clever enough to see and foresee what's going on
Microsofters Were Scheming to Take Over This Entire Web Site (in Their Own Words!)
Money gets spent censoring/deplatforming people who speak about real issues; no money gets spent actually tackling those underlying issues
Bicycles for the Minds and the Story Harrison Bergeron
"The goal of having people in charge of the tools they use and that the tools should amplify ability" has long been abandoned
Links 29/05/2025: YouTube Problem and Giant Privacy Hole in Microsoft OneDrive
Links for the day
[Video] Cory Doctorow Explains DMCA: DRM in the Browser (or Webapp) Will "Make It a Felony to Protect Your Privacy While You Use It."
Pycon US Keynote Speaker Cory Doctorow
United States Courts With Sworn Testimonies Are on Our Side, We'll Present the Same Here
Chronicling what happened is a moral imperative
Serial Sloppers Ruin and Lessen the Incentive to Cover "Linux"
The Serial Sloppers (SSs) ought to be named and shamed, but almost nobody does this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 28, 2025
IRC logs for Wednesday, May 28, 2025