Bonum Certa Men Certa

The Patent Microcosm Thinks It's Wonderful That IP3 is Selling Stupid Patents, Ignores Far More Important News

Ignoring the 'elephant' in the room to obsess over something rather minor

Loaded coat



Summary: IP3, which we've always considered to be nothing but a parasite, does what it does best and those who love stupid patents consider it to be some sort of victory

It's 2018 now. Wow. We're nearly 4 years after Alice. Free/libre software is everywhere (servers, desktops, mobile devices) and most coders share their code, so what good are software patents anyway? They're barely even enforceable when code is exchanged in this fashion. Such patents clearly harm the profession which is software development (coding/hacking/programming), yet law firms promote these patents wholeheartedly. In spite of Section 101, which the high court repeatedly cited when it rejected software patents last year. Watchtroll is still struggling to come to grips with it. These people clearly lose the battle.



"Free/libre software is everywhere (servers, desktops, mobile devices) and most coders share their code, so what good are software patents anyway?"It's no surprise really. Software developers want to produce software; lawyers, on the other hand, want to 'produce' lawsuits (which developers hate). High courts increasingly 'get' that and they rule accordingly. The EFF now talks about the subject, rightly naming "Stupid Software Patents" in this headline which is days old. Daniel Nazer wrote about AlphaCap, which we covered several times last year. Quoting Nazer:

This case began when a patent troll called AlphaCap Ventures sued Gust, a company that connects startups with investors around the world. Claiming its patent covered various forms of online equity financing, AlphaCap Ventures filed suit against ten different crowdfunding platforms. Most of the defendants settled quickly. (In many patent troll suits, even when the patent is very weak, the high cost of litigation pressures defendants to settle.) But Gust fought back. Faced with a defendant willing to actually challenge its patent, AlphaCap Ventures eventually dismissed its claim. The district court ruled that AlphaCap Ventures’ attorneys had litigated unreasonably and ordered them to pay Gust’s attorneys’ fees. The lawyers then appealed.

In their appeal, AlphaCap Ventures’ attorneys argue that the law of patent eligibility—particularly the law regarding when a claimed invention is an abstract idea and thus ineligible for patent protection—is so unsettled that a court should never award fees when a party loses on the issue. Our brief argues that this would be a very dangerous rule. Certainly, some patent eligibility questions are difficult. But that does not mean all eligibility questions are difficult. Our brief explains that many of the most prolific trolls have made objectively unreasonable eligibility arguments. Indeed, district courts have already awarded fees in a few cases where trolls made unreasonable arguments regarding patent eligibility under Alice.


The patent microcosm hates the EFF with a great passion; not only does it repeatedly mock the EFF (they mock us too, but we don't give them the attention they crave) and the EFF already got sued several times for its "Stupid Patent of the Month" series (in every case so far the EFF has won the case/s; sometimes the case/s get dropped).

The other day we saw IAM, which promotes patent trolls, saying this:

It was an @EFF Stupid Patent of the Month in April 2016, now it’s been sold at the IP3 auction. Maybe not so stupid after all


So what?

"Stupid patents too can be used for bullying when the target of patent trolling is poor," I told IAM, and thus "cannot pay for court" (fees). What IAM hopes for is a sort of generalisation that serves to discredit both the "Stupid Patent of the Month" series and all articles about patents which were previously described as "stupid".

"Sometimes the patent trolls bash the EFF directly, not through their megaphones/front groups (like IAM)."IAM also said: "Results from latest IP3 #patent auction are starting to trickle out including news of a deal for a former "stupid patent of the month""

See how IAM is bashing the EFF? Sometimes the patent trolls bash the EFF directly, not through their megaphones/front groups (like IAM).

Here is what IAM wrote about it (a whole long blog post):

There’s not a huge amount of information publicly available on the company except that it’s registered in Texas, its IP appears focused on speech recognition technology and its portfolio was assigned to it by Empire IP, an NPE headed by a couple of former New York-based patent lawyers. Voice2Text was also in the spotlight in 2016 as it filed a series of five infringement suits, two against a company called Mutare Inc, and the rest against USCC Services LLC, Onvoy LLC and Phone.com Inc. All of them had reached a conclusion by the second half of 2016 or start of 2017.

Those suits did ensure that Voice2Text garnered some notoriety as one of its patents - no. 8,914,003 - which uses speech recognition to convert a voicemail into a text message, was featured as the EFF “Stupid Patent of the Month” back in April 2016. The advocacy group, a strong and long-time supporter of major patent reform in the US, makes it award to those grants that it deems to be particularly suspect.


So someone has just wasted money on bogus, worthless patents. So what? What we see here is a desperate attempt to insinuate that when a patent gets sold it suddenly gives that patent legitimacy. Where's the logic in that? It's not like the patent has just been tested in a lengthy court battle with appeals and expert testimonies.

Desperate attempts to get past TC Heartland could also be seen a few days ago when Docket Report wrote:

The court granted defendant's motion to dismiss for improper venue because defendant did not have a regular and established place of business in the district through its use of an online retailer's fulfillment centers.


The court did the right thing. It denied the effort to sue - using potentially "stupid" patents - in trolls-friendly/plaintiff-friendly districts. Don't expect sites like Watchtroll or IAM to cover that. They'd rather pretend it didn't happen and obsesses about the mere sale of one patent among millions (in an auction where sale prices can even be $1).

Recent Techrights' Posts

Official SUSE Blog Still Uses LLM Slop (Bots) to Make Fake Articles (Marketing)
The company is all about sound bites
Companies Realise That Slop Doesn't Work as Advertised, Accordingly Dump It
"Hype dims as a country-wide survey of US corporations shows a sudden drop-off in AI use among firms with more than 250 employees."
Microsoft-Funded Lawsuits Against Critics of UEFI 'Secure Boot'
Remember that no company (or law firm) ever survives collaborations with Microsoft
It's Only the Second Week of September and Already Two Waves of Layoffs at Microsoft, Slopfarms and Microsoft-Funded Sites Spin It as "AI Investments" Rather Than Commercial Failure
A very large third one expected next week
If Your Machine Still Has "Secure Boot" Enabled, Then Microsoft Has a de Facto Kill Switch (Even If Your Machine Doesn't Have Windows and Never Had Windows)
It is not incorrect to call UEFI 'secure boot' a "kill switch"
Reddit is Corporate Propaganda
To make matters worse, Reddit ousted many original moderators
Jeff Geerling Shocked to Discover Many Metrics in YouTube Are Fake (His Audience Turns Out to be Much Smaller)
Maybe self-host all videos, don't rely on Google's "FOMO" cheating (addiction based on false assumptions)
 
Links 09/09/2025: US-Korea Tensions and Meta Whistleblowers
Links for the day
Gemini Links 09/09/2025: Moon Eclipse and ROOPHLOCH Reports
Links for the day
Links 09/09/2025: “Torrents of Hate” and Political Crisis in France
Links for the day
Gemini Links 09/09/2025: "Dedigitizing" and Forgejo on FreeBSD
Links for the day
Google News (Not Just Google Search) Lets Itself by Gamed by One Slopfarm - to the Point Almost Half of "Linux" News is Bot-Produced Plagiarism (LLM Slop With Slop Images)
That says a lot about what Google thinks of quality, even in Google News
Bill Gates-Funded Media Inadvertently Refutes the Microsoft Lie That in 2025 Microsoft Had Just Two Waves of Layoffs
There were about 12 rounds of layoffs so far in 2025
From theregister.co.uk to theregister.com (US) to The Register MS (Run by Microsoft Operatives) and theregister.ai
The best way to break this racket (or cycle of hype and harm) is to break the chains of funding
Open Source Initiative (OSI) Culture of Censorship Necessitates More Speech
The OSI bans dissent or people who merely point out that the OSI is abusive
How to Reach Us Discreetly (Other Than Encrypted E-mail)
We're still managing to maintain a 100% source protection record. We soon turn 19.
LLMs Are Vastly Worse Than a Waste of Energy and the Externalities Are Huge
Worse than just higher power bills for everybody
LLMs Versus Search (Not Replacing Search But Engaging in DDoS Attacks Against Web Sites That Permit Searching)
The state of the Web isn't just bad; it's utterly terrible
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 08, 2025
IRC logs for Monday, September 08, 2025
The UEFI 9/11 - Part IX - Shunning Old Computers (in 2023 the Certificate Was Updated/Overridden, Underlying Aim May Be Herding/Forcing People to Get TPM and Other 'Novel' Restrictions)
the "upgrade treadmill"
Rumour: Second Wave of Microsoft Mass Layoffs in September to Commence Third Week of September
That basically answers questions like, "Any specific date or time of the month?"
Gemini Links 08/09/2025: Reality, ROOPHLOCH 2025, and Writing Another Gemini Client
Links for the day
Updating Firmware is Not the Solution But Only Additional Risk, Disable "Secure Boot" Today
firmware blobs are buggy, secret, impossible to audit, and barely tested
Microsoft Tim's DevClass (Part of The Register MS/Situation Publishing) is Full of Slop
Looking at many sites that are full of slop images is becoming an eye sore and hallmark of text too likely generated by LLMs or 'assisted' (tainted) by them
Microsoft Trying to Fake Demand for Slop. At What Cost?
That's a giant demotion and broken promises
Sunlight is the Best Disinfectant and Kryptonite/Garlic to Vampires
Transparency (sometimes described by words like "Sunlight" or "Truth") is paramount
The Register MS Uses Slop in Articles About Slop
we are fairly certain it's slop or CG based on other people's work
Visiting a Web Page or a Public URL Should be Safe, Predictable, and Benign
It's probably too late to "fix" the Web
The Register MS (Situation Publishing) is Paid to Spread Mindless Hype for the "Hey Hi" Ponzi Scheme and That's a Serious Problem
"Sponsored by Zoom."
Links 08/09/2025: Burger King Cracked, Cox v. Sony Analysed
Links for the day
Gemini Links 08/09/2025: Socialist Computer Museum and GAFAM/ByteDance/TikTok-Dominated Net
Links for the day
Links 08/09/2025: Tim Crook Disappoints Apple Faithfuls and Zuckerberg Lies (Financial Fraud) for Cheeto King
Links for the day
EPO Workers Point Out that the EPO is Destroying the Planet Under the Guise of "Hey Hi" (It Also Grants Many Invalid Patents Illegally
On 12 March and 16 June 2025, staff representation met with the administration in the Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in Munich
Turn Off Microsoft's Restricted Boot ("Secure Boot")
We're still running a series on this issue
Social Control Media Sites Have Become Bot Farms (Not Limited to LLMs and Automation)
linkedin.com was nothing but trouble and losses for Microsoft
Deep in Debt With the Magnitude of Losses Quickly Growing, Microsoft "Open" "Hey Hi" Now Uses Broadcom for Vapourware, Pretending It'll Do OK Next Year
At some stage it'll collapse
You Can Tell Microsoft is in Trouble When Its Own Fans and Staff Blast it
"Microsoft sinks billions into chasing artificial intelligence fads to hype up its share price."
Multiple Undersea Cable Cuts and We're Still OK
Microsoft customers experience problems
Lawyers Who Think They Are Online Assassins Don't Deserve a Licence to Operate
they've become a laughing stock in their "sector"
Microsoft Windows Fell to 3.9% "Market Share" in Bahamas
Based on statCounter
How the European Union (EU) Fell Out of Love With Free/Libre Software
Lots of bribery
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 07, 2025
IRC logs for Sunday, September 07, 2025
Gemini Links 07/09/2025: Scanner, Slop, and Chadobear
Links for the day
The UEFI 9/11 is 3 Days Away
Nobody denies that bad things will happen
Google Versus Journalism
Google played a big role in the demise of news sites
Gemini Links 07/09/2025: Advertising, Decentralized Archival, and Outsourcing to Bezos
Links for the day
Certificate Authority Let's Encrypt Has Almost Gone Down to Zero, Nearly Totally Extinct in Geminispace, the Few Capsules Still Using It Are Spam/Dead/Stagnant
This represents another decrease for Let's Encrypt; the last decrease was last week
Not Much Left in News Cycles
To be very clear, this does not describe "Linux" anything; it's true in just about every facet of news, except the paid-for fake "journalism" about "hey hi" (sites getting paid explicitly to maintain or rekindle hype)
Trying to Silence Techrights Was a Huge Mistake
Peter Thiel attacked a publisher for asserting, correctly, that he was gay. Now everyone knows it.
Throwing Away "Old" Computers (Mozilla and Other Climate Deniers)
Mozilla is not leftist
The UEFI 9/11 - Part VIII - Denial of Service and Selling Us WSL (Windows) Instead of "Risky" (Prone by Breakage by Microsoft) GNU/Linux
Restricted Boot (so-called 'SecureBoot') does not improve security. It is nothing but trouble. It's meant to trouble non-Windows users. In dual-boot setups, SecureBoot is a recipe for disaster because Microsoft keeps erasing or tampering with the boot sector, to paraphrase an associate
Slop is Extremely Rare in Geminispace, Slop Images Are Unheard Of (Despite Images Being Supported)
As long as Geminispace grows in terms of domains it's safe to predict the protocol will still be used in 2029 and hence Geminispace will turn 10
Links 07/09/2025: Robodebt Class Action, Fines, and Copyright Settlement
Links for the day
Links 07/09/2025: Yle Impersonated in Social Control Media, Boat-Attacking Orcas, Midjourney Sued Again
Links for the day
Slopwatch: LinuxSecurity, Linux Journal, and the Serial Slopper
Google won't tackle the issue because Google participates not only in relaying slop but also in generating lots of it
Links 07/09/2025: Google Fines in EU and "Your Internet Access Is at Risk"
Links for the day
Gemini Links 07/09/2025: Little Brother and Corporate Theatre
Links for the day
Links 07/09/2025: More Harms of Slop and Anthropic's Nightmare Scenario (Huge Legal Liabilities for Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 06, 2025
IRC logs for Saturday, September 06, 2025