Bonum Certa Men Certa

Alice Remains Strong and Potent in Opposing Software Patents, But the Patent 'Industry' Never Rests

The patent microcosm is trying to set fire to the software industry in order to make money from the equivalent of reconstruction

Arson



Summary: The people who have been sabotaging the software industry for years/decades (taxing it by litigation and other patent-related expenses) are losing momentum and resorting to attacks on Alice Corp. v CLS Bank International (Supreme Court's decision)

THE long tradition of Alice bashing is older than 3 years. A cult of patent maximalism, i.e. those people who believe that anything on Earth (even thoughts!) should be patented, would even make card decks to that effect (Patently-O actually promoted these last week). For those to whom patents rather than actual work/code/devices are "property" it may make perfect sense (they keep telling each other that patents are the equivalent of innovation), but for those of us who code it's a major headache and a never-ending struggle (to keep these zealots at bay). They keep bullying any public official who tries to explain that patent trolls have no value to the economy and patents on software aren't desirable or wanted by actual software professionals.



"They keep bullying any public official who tries to explain that patent trolls have no value to the economy and patents on software aren't desirable or wanted by actual software professionals."Will this dispute ever end? It can, but only if those patent maximalists go out of business. It's unlikely that coders will completely go out of business, even though Microsoft's patent troll Nathan Myhrvold once said: "Intellectual property is the next software."

As if patents can magically replace actual code and coders.

The eternal push by patent maximalists comes from various Web sites, none of which are composed by software developers. For them to tell software developers what software developers want or need is as ludicrous as it gets. They probably don't realise how ludicrous it looks to outsiders, either.

"For them to tell software developers what software developers want or need is as ludicrous as it gets."Here is a new example from Patently-O. Why was such a patent granted by the USPTO in the first place? Why aren't examiners (or their bosses) realising the dire effect of granting bogus patents? Innocent people are harmed and only the lawyers benefit.

Here is another news item from several days ago -- one which mentioned software patents. How did a graduate in the area of physics come to this? To quote: "IP boutique Meunier Carlin & Curfman has added two patent lawyers from a pair of big firms in town. Chris Glass, who was at Troutman Sanders, joins as of counsel, and Jason Huff joins as an associate from Kilpatrick Townsend & Stockton. [...] Glass, who has an undergraduate degree in physics, handles patent prosecution and litigation, mostly for electronics, optics (which includes fiberoptics communications), medical device and software patents."

"Don't they realise that software patents are passé?"For a physical device, where the invention is demonstrable not on a general-purpose device (e.g. programmable), patents can be fine. But why software? Moreover, what about Alice? Don't they realise that software patents are passé?

Even the "national law review" (a widely read journal, especially among legal professionals) is coming to grips with death of software patents. Days ago it published this article titled "Patentability Post-Alice: Cracking The Code" and it's about the 2014 ruling (along with its implications). To quote: "Another digital data conversion patent bites the Alice dust. Frankly, this is no longer a shock. Since the controversial and confusing Alice Corp. v. CLS Bank International opinion was issued in 2014, courts have been striking software patents left and right. The latest Alice victim, an image-processing patent holder battling Nintendo, has commentators calling rulings like this a threat to software patents worldwide. When it comes to getting through the patent-worthy Alice gate, have you cracked the code?"

Software patents are not worth much in the US. They might even be completely worthless. Software patents are gradually ending in the US and it's a good thing, albeit a shame it didn't happen earlier. The latest pro-Alice article of the EFF (part of a series) was published very recently to say "Alice Arrives Too Late to Save A Startup" (Ordrx).

Here is the gist of it:

David Bloom’s startup got off to a good start. He left a “regular job” to found Ordrx, a software company that created ecommerce solutions for local businesses. He secured venture funding and the company was featured in featured in TechCrunch and Inc. Magazine. But then he ran into a patent troll.

Our Saved By Alice posts have told the stories of companies who were helped or saved by the Supreme Court’s ruling in Alice v. CLS Bank that an abstract idea does not become eligible for a patent simply by being implemented on generic computers. Unfortunately, David’s story does not really belong in this series. This is because Ordrx was completely wiped out by the massive expense of defending itself in patent litigation. Later, the Federal Circuit would find the troll’s patents invalid under Alice. But that ruling came too late to save Ordrx.


When the EFF posted this in Twitter PTAB and Alice bashers started attacking the EFF over it.

"It would be nice to see the patent micorocosm leaving Alice in tact and in peace, but there are several simultaneous efforts to water down Section 101, in effect derailing Alice (i.e. disrepsecting a Supreme Court's decision)."Benjamin Henrion responded with: "Why does the state needs to intervene in software development? Sounds like an elephant in porcelain shop."

Copyrights do not require enforcement unless an infringement is said to have occurred (usually plagiarism or licence violations). Rarely does that require lawyers and attorneys.

It would be nice to see the patent micorocosm leaving Alice in tact and in peace, but there are several simultaneous efforts to water down Section 101, in effect derailing Alice (i.e. disrepsecting a Supreme Court's decision). We are watching these things closely. Attacks on PTAB will be covered in the next post.

Recent Techrights' Posts

[Video] IBM Shakes Hands of Prince Mohammed bin Salman
handshake of loyalty
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
 
Gemini Links 16/05/2025: "Repairing Our Way out of Commodity Fetishism" and Pre-librebooted Computers
Links for the day
The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025
Links 14/05/2025: Fentanylware (TikTok) Harms Kids, Russia Refuses to Defuse
Links for the day
Gemini Links 15/05/2025: Poseur Nerds and Mennonites
Links for the day
VS Code Is Not FOSS, And Neither Is the Site "It's FOSS"
VS Code is proprietary spyware of Microsoft, yet this site keeps promoting it like it's FOSS
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025