Bonum Certa Men Certa

IAM Encourages Patent Aggression, CCIA Highlights Cost of Being Accused of Infringement, Professor Tun-Jen Chiang Explores Free Speech Aspects of Patents

The First Amendment in the United States is contradictory to the notion of code patents (decision from the Court of Appeals for the Federal Circuit, CAFC)

Opinion on IV



Opinion on IV



Summary: A few items of interest which pertain to patent litigation and shakedown, in effect highlighting lesser-explored aspects of legal landscapes wherein being accused alone can cost one dearly

THE patent litigation culture that had become so prevalent in the US before the courts (and to a lesser degree the USPTO) put the brakes on it cost the economy many billions of dollars. Lawyers, trolls and few failing companies had made a lot of money but produced nothing of value. We risk seeing the same thing happening in Europe if EPO management gets its way.

"Software developers do not need patents. It's an improper and truly unnecessary instrument of law."IAM spent well over a decade promoting a patent litigation culture everywhere in the world. This is IAM's bread and butter. What IAM meant by "webinar" the other day is marketing/lobbying. The word "licensing" refers to blackmail, extortion, and coercion with patents (otherwise a lawsuit gets filed). By contrast, the CCIA (Josh Landau in this case) bemoaned the situation, insisting that "[i]n Defending Against Patent Litigation, Even A Win Is A Loss" (except for the lawyers).

To quote:

So what we have is a lawsuit where, based on the statements in the complaint, the patent may not be valid, and where public information strongly suggests that the patent isn’t infringed.

Nonetheless, the Big Ten Network will have to spend money defending themselves from the lawsuit. And baseless patent assertions don’t just hurt large tech companies—they hit everyone, from entertainment companies like the BTN or Disney, to retailers and restaurants like Walmart and White Castle.

These suits, even if the defendant is successful in defending themselves, cost money. According to AIPLA’s 2017 survey, the median cost just to start defending a case with less than $1,000,000 at stake is around $25,000, and the median cost to get through the motions stage is around $250,000. If there’s more at stake? A case with more than $25,000,000 at risk might cost you around $140,000 just to get started, with the cost through the motions stage on the order of $1,700,000. That’s not even to get to trial.

All to defend yourself against a lawsuit that never should have occurred, based on a patent that never should have issued.


Tun-Jen Chiang has just outed/promoted "Patents and Free Speech," a paper which discusses how patents affect the First Amendment in the United States. It's no secret that computer code (in the case of software patents) is akin to poetry or speech and thus invokes questions pertaining to the First Amendment. CAFC ruled so specifically (about 2 years ago) while rejecting Microsoft's patent troll, Intellectual Ventures. From this new introduction to Professor Chiang's paper:

Scholars have long argued that copyright and trademark law have the potential to violate the First Amendment right to free speech. But in Patents and Free Speech (forthcoming in the Georgetown Law Journal), Professor Tun-Jen Chiang explains that patents can similarly restrict free speech, and that they pose an even greater threat to speech than copyrights and trademarks because patent law lacks the doctrinal safeguards that have developed in that area.

Professor Chiang convincingly argues that patents frequently violate the First Amendment and provides numerous examples of patents that could restrict speech. For example, he uncovered one patent (U.S. Patent No. 6,311,211) claiming a “method of operating an advocacy network” by “sending an advocacy message” to various users. He argues that such “advocacy emails are core political speech that the First Amendment is supposed to protect. A statute or regulation that prohibited groups from sending advocacy emails would be a blatant First Amendment violation.”

Perhaps the strongest counterargument to the conclusion that patents often violate free speech is that private enforcement of property rights is generally not subject to First Amendment scrutiny, because the First Amendment only applies to acts of the government, not private individuals. Although Professor Chiang has previously concluded that this argument largely justifies copyright law’s exemption from the First Amendment, he does not come to the same conclusion for patent law for two reasons.


When it comes to copyright law, one's ability to speak freely depends on one's originality. But rephrasing things can help dodge plagiarism/infringement claims, whereas with patents that is not quite possible. This means that when it comes to patents the risk to one's free speech, e.g. in the code sense, is seriously jeopardised. Code is already covered by copyright law, so for the most part plagiarism is a problem that's sufficiently tackled without patents. Software developers do not need patents. It's an improper and truly unnecessary instrument of law.

Recent Techrights' Posts

Those of Us Who Grew Up Playing Doom Must Remember What Microsoft Did to Its Creator
Doomed by Microsoft
At The Register MS, Fake 'Articles' Sponsored by WIntel (Windows+Intel)
We've meanwhile noticed that there's new sponsored spam in at The Register MS and it might be slop
In Addition to National Delegates, Contact the French or Portuguese Governments (Politicians) Regarding António Campinos
Someone needs to step into the EPO and open up all the closets
EPO People Power - Part IV - Sexism, Chauvinism, and Lines of Cocaine at Europe's Second-Largest Institution
Recently, one reader told us about Berenguer, who made the "mistake" of using cocaine in the open market
The Web Has Become Extremely Rude
If you cannot behave, go offline
Like Clickfraud Spamnil (Swapnil Bhartiya) But for Hate Mongering: What Twitter Has Become
If you still waste time in Social Control Media, consider changing course
 
Links 11/12/2025: Escalations Around Japan, Software Patents Found Invalid
Links for the day
Killing the IBM Cash Cow, Raising Massive Debt Instead
In a healthy company, the CEO and CFO would get sacked on the spot for doing so. But IBM is not a healthy company, it's just a sick cow being milked to death.
Links 11/12/2025: Dangerous Flukes by Slop and Bottled Water as 'Placebos'
Links for the day
Gemini Links 11/12/2025: Repairs, Wisdom of the Crowds, and AC Explorations
Links for the day
We Need Your EPO Insider Stories
To date, the EPO and any other company/institution hasn't managed to remove even a single public page that we published
Yes, IBM is Also Laying Off Indians (Even in India)
that goes against the popular/hot narrative of "jobs moving to India"
Microsoft-Sponsored Wikipedia Spam About "AI", Added by Microsoft Operatives
When it comes to Wikipedia, follow the money (sponsors)
Keep on Pushing, EPO Management is in a State of Panic This Week
Contact your representatives today
If You Want Freedom, Follow Richard M. Stallman (RMS)
To be clear, I like Linux, I like its founder
EPO People Power - Part III - Challenging Corruption
The media - as in the national press - isn't interested in writing about it
The Flawed Notion of Criticising for Criticism's Sake
People who are highly critical of things are not "toxic"
A Lot More Than Techrights
you probably also want to follow the RSS feed of the sister site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 10, 2025
IRC logs for Wednesday, December 10, 2025
Slopfarms Parrot Any Number That GAFAM Throws at Them, Even Totally Fictional Figures That Merit Fact-Checking
fake from Microsoft
Microsoft Lunduke Tailors His 'Content' for 4Chan
The latest from Lunduke "Journal"
Richard Stallman Was Also Right About Microsoft GitHub (It's Becoming a Botfarm)
trashing the platform
Democracy and Buzzwords
and hype
Five Years in Gemini Protocol
One might say we escaped to Geminispace 2 years before the deluge of slop on the Web
Keeping Up the Pressure on EPO Management
We want to thank our European readers who contacted their representatives
For New PCs and for Old (or Retro) PCs the Increased Cost of System Memory Benefits GNU/Linux and BSDs
GNU/Linux does not have this problem or barely has this problem
Gemini Links 10/12/2025: "Thousand Mile Journey" and The Art Of Chilling
Links for the day
Moving Away From Content Management Systems (CMSs) and Flocking to Static Site Generators (SSGs)
The SSG 'hype' is not based on marketing but a simple reality
IBM is Laying Off Workers in India (While Spending a Fortune Buying a Company for Buzzwords, a Box-Ticking Exercise)
So what is the overall strategy?
EPO People Power - Part II - Talking About Corruption
European media must "grow a pair" and start writing about EPO corruption
Just a Little Slop About "Linux"
Slop about Linux isn't that common anymore
Links 10/12/2025: McDonald’s Latest Slop Gaffe (After Dumping IBM's Slop) and "Scam Altman’s Panic Sweats"
Links for the day
Circular Funding
Passing around capital that does not exist (for PR's sake, but there are ramifications)
Links 10/12/2025: Ransomware (Windows TCO) Has Crippled Economies, Slop (Fake) "Videos Have Flooded Social (Control) Media"
Links for the day
Y Combinator (YC) Funds Scams, Run by Scammers
Including Scam Altman
EPO People Power - Part I - Identifying Corruption
The EPO, at this stage, is a boat full of holes
IBM Has Become a "Plantation"
IBM is basically being destroyed for some cash at this point
It's Not Too Late to Send an E-mail to Your European Representative Regarding European Patent Office Abuses
If you live in Europe and have not done so already, please contact your national delegates, whose job is (at least on paper) to represent you
Almost a Thousand EPO Workers Have Voted for Industrial Action
Mandate given to SUEPO for action plan to stop the salary erosion of EPO staff
Why So Many Software Projects Are Quitting Microsoft and GitHub
Be more like LibreWolf. Move away from Microsoft and GitHub.
Many of the Attacks on Us Apparently Boil Down to Jealousy
Envy is a negative trait that leads people to self harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 09, 2025
IRC logs for Tuesday, December 09, 2025
Valuing One's Work by the Effort or Budget Taken to Undermine It
As long as what we publish is factual, nothing prevents its publication
IBM Says It Buys Another Company for "AI", So Why Does IBM Fire Its Own "AI" Experts?
As people rightly point out, this has nothing to do with "AI"
The Boundaries of Criticism
The harder the EPO will push back, the better the job we must have done
New EPO Series: Mafia Culture, Mobbing, Nepotism, and Illegal Drugs
The series shall start later today
Richard Stallman Was Right About "AI"
"Considering Stallman worked in the MIT AI lab in the era of symbolic AI, and has written GCC (an optimizing compiler is a kind of symbolic reasoner imo), I think he has a deeper understanding of the question than most famous people in tech."
With 3 Weeks Left (Sans Extensions) the Free Software Foundation (FSF) Has Already Raised About Half of the Money Set as Fund-Raising Goal
“Idiots can be defeated but they never admit it.” — Richard Stallman
Gemini Links 10/12/2025: Cranberry Juice and Gramophones
Links for the day
IBM: We Lay Off Tens of Thousands of People the Very Same Week We Spend 11 Billion Dollars (Debt) on "AI" Fantasies, Hiring About 8,000 People at Cost of 1.3+ Million Dollars Per Employee
Seems like IBM is run by fools
Google Still Promotes Plagiarism From WebProNews and Prolific Slopfarms
Google News seems lost and hopeless sometimes
Links 09/12/2025: Tariffs Causing Great Harm and "How to Leave the U.S.A."
Links for the day
Links 09/12/2025: "After the Bubble" (of Slop), "The Internet Forgets"
Links for the day
Gemini Links 09/12/2025: Lunar Observations and Programming
Links for the day
Linux Foundation Has Found a New Business: Pyramid Schemes
Linus Torvalds should have known better
They Won't Tell You This ("Revolution Won't Be Televised"), But the Slop Bubble Already Burst
We already wrote about it twice this morning
UbuntuPIT Started Experimenting With LLM Slop and a Month Ago It 'Died'
This is the typical trajectory of slopfarms
LibreWolf Will Turn Six in March, It Already (Probably) Has Millions of Users
It's not possible to know the number of users LibreWolf has
The Year of the New Dark Age
Something isn't right
Slopwatch May be Doomed
Slop isn't changing the world, certainly not in a good way anyway
BetaNews Still a Dodgy Site, It Seems to be Partly Run by Chatbots
The company that took over apparently tries to "monetise" the domain with slop
Tomorrow the EPO Administrative Council is Meeting to Discuss the EPO, Contact Your National Representative Today
Final versions of the EPO Administrative Council photo gallery
IBM's Total Debt is About to Hit Almost 80 Billion Dollars, the Company Can Only Raise $14.8 Billion Within 3 Months
Route towards insolvency, not just irrelevancy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 08, 2025
IRC logs for Monday, December 08, 2025