Bonum Certa Men Certa

Alice/Section 101 is Fine Because Copyrights Already Cover Software and Patents Are Inadequate for Code

But IBM, Watchtroll et al continue to set up lobbying events against Section 101 (not to mention jurist-bashing tactics)

Patent Lawyers' Tears



Summary: The world has moved away from (or beyond) software patenting and companies/firms that rely on such patents try to sabotage progress, sometimes by bashing courts

THE world generally rejects software patents. Sure, the EPO and USPTO make it possible to overcome restrictions using buzzwords and semantic tricks; but courts and appeal boards (BoA/PTAB) aren't quite falling for it.

"...Bangladesh should reject software patents like the rest of the world (bar China) does."Hours ago we saw this new article from the Dhaka Tribune. It's titled "Minister urges for immediate measures to reform IP laws for ICT" (the term "ICT" is one of those notorious buzzwords that the EPO likes to use). But Bangladesh should reject software patents like the rest of the world (bar China) does. Here's the core paragraph:

Thanking Tina Jabeen for her passionate efforts to secure proper sustenance for the budding startups in the country, Mustafa Jabbar took a trip down the memory lane to elaborate the upward transition of the ICT sector in Bangladesh. “Back in our time there was no procedure to register a software, but when there is a will, there's way and I kept applying for the patent of my product despite repeated rejections. When I applied for the patent in 1992, there was not a single person in the responsible department who could examine the product,” he told the audience about his struggle to patent the iconic software Bijoy. “Fortunately for me, an official came to my rescue and took the responsibility to inspect. It was in 2004 when I reapplied and it took four full years for me to finally get the patent. However, things have drastically changed and the procedures are way simpler now,” he added.


This almost perpetuates the false assumption that one patent covers an entire program, potentially conflating copyrights with patents. He speaks of a "procedure to register a software" as if patent applications are a registration process.

"He speaks of a "procedure to register a software" as if patent applications are a registration process."Mythology about patents has become widespread. Patent maximalists like to 'name-drop' "innovation", "protection" and so on. They typically admit that they never even wrote a computer program. They don't understand programming.

The other day, writing about Tesla's latest legal ordeal, Josh Landau (CCIA) said that "Nikola got it all wrong."

The "Cult Of Patents" has basically created an untenable situation where stuff covered by copyrights is now being patented too: designs!

To quote Landau:

Last week, Nikola sued Tesla over advanced technology trucks. But it isn’t about the technology. It’s not AC vs. DC or Edison vs. Tesla. It isn’t even about electric vehicles (or hydrogen-electric trucks, Nikola’s chosen technology).

It’s about the shapes of windshields and doors. It’s about design patents.

And Nikola got it all wrong.

[...]

Different curvatures, a gentler rounding at the bottom right corner and a sharper one at the top. The Tesla windshield also exhibits a significantly larger difference between tallest and shortest portions, extending much further down the nose of the truck.

And that’s just the infringement argument. If you want to claim that your wrap windshield patent covers all wrap windshields, I think that Italian automaker Lancia (among many, many others) might have had something to say about that around 40 years ago.


How does one get a patent on mere curves? What would Bézier say? Why are windshield patented? Who's responsible for such a patent grant?

Unfortunately, among patent maximalists at least, this is considered to be "normal". They don't care about patent quality and if they actually do care, it is because they hate patent quality. They actively combat improvement in quality.

"They don't care about patent quality and if they actually do care, it is because they hate patent quality. They actively combat improvement in quality."Consider Watchtroll's tweet from a few days ago: "Matt Troyer from Anaqua predicts Patent No. 10,000,000 will issue on June 18, 2018, and it will be issued to Qualcomm on Application 13/666670."

This "Cult Of Patents" (Watchtroll/Anaqua in this case) is obsessing over mere numbers rather than substance. They're diluting and reducing the value of pertinent patents -- a dime a dozen at this pace!

The corresponding article is titled "Predicting Patent Number 10,000,000" and it was composed by Matt Troyer from Anaqua, basically a bunch patent maximlists who profit from an abundance of patents (that's what their product is for). The greater the number of patents, the more messy the repository of US patents will become. So they sell "solutions". Now they obsess over the 10,000,000 mark (as laughable as it is; there aren't 10,000,000 inventions). As readers may recall, they did this some months back and we wrote several rebuttals to their nonsense. It's not as though the sheer quantity is what's worth celebrating; they should speak about quality.

"This "Cult Of Patents" (Watchtroll/Anaqua in this case) is obsessing over mere numbers rather than substance. They're diluting and reducing the value of pertinent patents -- a dime a dozen at this pace!"It has, in the meantime, emerged that IBM implicitly attacks the US Supreme Court for doing the right thing about patents (namely improving patent quality) and it also uses former USPTO and IBM staff to lobby on it. We see that the Koch-funded think tankers, people who are paid to attack PTAB, are really boosting David Kappos this month. It's about IIPCC (US IP & Innovation Policy). Kevin Madigan wrote: "Former @uspto Director Dave Kappos: the US #patent system has been degraded by standard setting organizations that are stacked against innovators [...] Qualcomm’s Laurie Self: with the onset of 5G, the patent system must help protect the massive amount of investment in R&D that has revolutionized cellular technology..."

Well, guess who's behind this event: the former employer of Kappos (IBM), Qualcomm and so on. This whole event is like another think tank -- mere scaremongering from IBM, Kappos and others. Watchtroll has just boosted it. Watchtroll plays a major role in this propaganda. They're perpetuating the lie about "uncertainty" ("uncertainty created by the Supreme Court") and just prior to it Watchtroll had this article from Manny Schecter (IBM) in which he again attacked Section 101 and the Supreme Court. IBM continues to associate with and write for judge-bashing maniacs who promote patent Armageddon. This, to us, shows that IBM not only promotes software patents but deserves bankruptcy. It's an enemy of software developers.

"Well, guess who's behind this event: the former employer of Kappos (IBM), Qualcomm and so on. This whole event is like another think tank -- mere scaremongering from IBM, Kappos and others."Schecter's concluding words: "And now, as we embark into the unknown with nearly limitless computing power in the fields of quantum computing, artificial intelligence, cyber security, medical diagnostics, and biotechnology, and in fields that have not even been thought of yet, do we really want to continue with a weakened patent system that throughout our history played such a key role in promoting “the Progress of Science and useful Arts” to bring us to this technologically-advanced state?"

It didn't take long for Watchtroll's Gene Quinn to attack the courts again. The following day he published an article titled "Is the Supreme Court anti-patent?"

This is the latest court-bashing or judge-bashing article from Watchtroll. That's all they have left. Attack the person/s. Just because of Alice.

Speaking of Alice, it was mentioned on the same day as Schecter's article:

What kinds of trends are you seeing in patent law? The one that's kind of a little bit of an old story right now is the Supreme Court's 2014 Alice decision, which says you cannot patent an abstract concept.


That includes software/algorithms.

"This is the latest court-bashing or judge-bashing article from Watchtroll. That's all they have left. Attack the person/s. Just because of Alice."Meanwhile, in another public forum (think tank), IAM reported/quoted: "MacKenzie - i might be in a minority but i like where Alice [101] is right now. if you have to read a claim 10 times and you still have no idea what it's claiming then that's bad..."

When one has a crooked boss like Battistelli (at the EPO) this means that the examiner gets all confused, grants a patent anyway. Later this weekend we'll show some of the latest buzzwords and tricks being employed. Scholars Michael Frakes and Melissa Wasserman recently wrote about this phenomenon in relation to the USPTO.

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024