Bonum Certa Men Certa

Using 'Hey Hi' (AI) and Mindless Buzzwords to Spread Confusion and Blur the Gap Between Computer-Generated Patents and Patents on Algorithms

It's... just... "MAGIC!"

Forgotten Magic



Summary: The patent 'industry' (people who sue for a living, or instead shake down people/firms with expensive lawsuits as deterrents) is intentionally lying to us all; nowadays it loves leveraging the media's 'darling' buzzword, 'Hey Hi' (AI), describing it as some sort of magic that merits lots of worthless patents

THE European Patent Office (EPO) has long sought to violate the EPC, e.g. by misinterpreting it, then grant loads of fake patents on abstract things. António Campinos is even more shameless about it than Benoît Battistelli. Campinos is one heck of a snake and since he never coded anything he can use his ignorance as an excuse for granting software patents in Europe. Nowadays they like to misuse words like "digitalisation" and "Hey Hi", which is what we call their clueless slant on machine learning and the like...



"Nowadays they like to misuse words like "digitalisation" and "Hey Hi", which is what we call their clueless slant on machine learning and the like..."I've done machine learning for a very long time (in 2003 I already wrote papers about it) and the term is actually a lot more meaningful than "Hey Hi", which is nonsensical fluff that goes back to the dawn of computing. It's the basic idea that computers can emulate some process humans otherwise do, e.g. playing chess (I wrote some computer programs that do this as far back as 2001 when I was a teenager). What's inexcusable is this bizarre resurgence in shallow media (bogus 'journalism') in recent years. A couple of years ago they started calling just about everything "Hey Hi", just as a decade or so earlier they began rebranding almost everything "cloud" and software became "apps"...

"The debate is, as usual, being hijacked by the patent (litigation) 'industry'..."This superficial transition from meaningful (relatively technical) terms to buzzwords and pure hype isn't an accident; it's a deliberate marketing strategy and a lot of it is geared towards surveillance as a business model. Patent lawyers too were fast to take advantage of these rebranding campaigns, calling it or hailing it all as some kind of "industrial revolution" (leading to fluff like "Industry 4.0" and "4IR"). This may seem funny, but there's a very nefarious and sinister angle to it all. So it isn't down to mere amusement...

The debate is, as usual, being hijacked by the patent (litigation) 'industry'...

As recently as yesterday we saw Anastasiia Kyrylenko at IP Kat as CIPA (Chartered Institute of Patent Attorneys) megaphone, noting yesterday that:

On June 24th, the Chartered Institute of Patent Attorneys and Dr. Rhiannon Turner will be holding an online event to discuss the recent EPO EBA decision in G3/19...


Separately, another site advertised a "webinar" (basically "dude with a webcam") about "EPO Case Law on Priority" by:

Christopher Rennie-Smith, European Patent Consultant, former Chairman and legal member of a Technical Board of Appeal of the EPO; former member of the Enlarged Board of Appeal of the EPO



Well, the Technical Board of Appeal of the EPO can no longer think for itself. The Office dictator pressures all the boards and his successor -- to whom he's an obedient heir -- already sent all board members to exile in Haar (at the very least as a collective warning). It's likely that later this year -- weeks or months from now -- these boards will issue a ruling and determination on the subject of software patents pertaining to simulation. We already know in which direction the Office dictator pushed them...

"Well, the Technical Board of Appeal of the EPO can no longer think for itself. The Office dictator pressures all the boards and his successor -- to whom he's an obedient heir -- already sent all board members to exile in Haar (at the very least as a collective warning)."Yesterday we reviewed the news only to find this nonsense pushed through Lexology under the headline "Algo IP: Intellectual Property in Algorithms, Computer Generated Works and Computer Implemented Inventions" (notice how they're using misnomers and conflating different things). The author is clearly not a coder and he jumps from one topic to another seamlessly; for instance, notice how he speaks of "computer implemented inventions" and then immediately leaps to joint inventions and computers as inventors (totally unrelated aspect). Have a look at the gobbledegook, with our comments below:

“It’s only AI when you don’t know what it does, then it’s just software and data” remains a useful heuristic to get to grips with AI algorithms. In legal terms, AI is a combination of software and data. An algorithm is a set of rules to solve a problem. The implementation in code of the algorithm is the software that gives instructions to the computer’s processor. What distinguishes an AI algorithm from traditional software is first, that the algorithm’s rules and software implementation are themselves dynamic and change as the machine learns; and second, the very large datasets (‘big data’) that the AI algorithm processes. The data is (i) the input training, testing and operational datasets; (ii) that input data as processed by the computer; (iii) the output data from those processing operations; and (iv) insights and data derived from the output data.

[...]

Use of algorithms may result in new inventions and the question arises whether computer implemented inventions are capable of patent protection. S.1(2)(c) Patents Act 1977 (‘PA’) excludes “a program for a computer” from patent protection to the extent that the patent application “relates to that thing as such”.[v] This has led to a line of cases in the UK since 2006 which has sought to establish and clarify a test for determining the contribution that the invention makes to the technical field of knowledge (potentially patentable) beyond the computer program “as such” (not patentable).[vi] If the invention is potentially patentable on this basis, s.7(3) PA provides that:

“[i]n this Act “inventor” in relation to an invention means the actual deviser of the invention and “joint inventor” shall be construed accordingly”

and s.7(2)(a) PA provides that a patent for invention may be granted “primarily to the inventor or joint inventors”. US law is more specific in defining (at 35 USC €§100(f) and (g)) “inventor” as “the individual or, if a joint invention, the individuals collectively who invented the subject matter of the invention”. The context of s.7(3) PA means that the “actual deviser of the invention” should be a “person” and there is no regime similar to that for copyright for computer-generated works.

Again, the takeaway from the patent law perspective is also that it is worth considering expressly covering in AI contracts the ownership, assignment and licensing aspects of AI-generated inventions and patent rights as well as copyright works.


Kemp IT Law's Richard Kemp does the typical thing by conflating computer-generated junk patents and patents on algorithms (that are illegal). First he alludes to "computer program “as such” (not patentable)."

He then says "the takeaway from the patent law perspective is also that it is worth considering expressly covering in AI contracts the ownership, assignment and licensing aspects of AI-generated inventions and patent rights as well as copyright works."

"Kemp IT Law's Richard Kemp does the typical thing by conflating computer-generated junk patents and patents on algorithms (that are illegal)."How did he jump from the question of patents on algorithms to whether or not the patents are generated by a computer (as opposed to covering work done on a computer)? We've seen similar conflation put forth by the EPO's clueless managers, some of whom have zero experience in technology and just training in the British Army. Who needs managers with a clue anyway... right? Understanding restricts "useful" misunderstandings... and it can harm so-called EPO 'production'...

An article (promotion, sales, marketing) entitled "Protecting AI inventions" was pushed through IAM and then pushed through Lexology. It's not an objective analysis and this was all along just a self-promotional piece from Effectual Knowledge Services Pvt Ltd which says the following:

From tools and services to products and consultancies, AI has created a number of revenue-generating opportunities. It has already simplified a number of tasks and now, with the help of neural networks, it is inventing new ways to solve problems. Further, certain privileges have been granted to corporate entities (eg, Facebook and Google) so that they can defend themselves in court. It therefore follows that AI should be able to own its patents. However, debate is ongoing and requires considering where the line between creation by human and machine should be drawn and how much (or little) human input or guidance is required.

Recently, there was a case where the EPO refused European patent applications EP18275163 and EP18275174, which designated DABUS – a machine described as “a type of connectionist artificial intelligence” – as an inventor. One application was for a new type of beverage container based on fractal geometry and the other was for a device for attracting enhanced attention signals, which could be helpful in search and rescue operations. Similarly, the USPTO and UKIPO have disqualified patent applications on the grounds that a non-human cannot hold inventorship as per these countries’ laws.


So it speaks of "neural networks" and stuff, then argues "AI should be able to own [sic] its patents," so here again we enter the laughable world where "Hey Hi" gets personified and framed as some sort of magic. This would typically be just funny, but in this case it is dangerous because patent maximalists who profit from more and more and more patents exploit misconceptions and lies to turn the whole patent system into a laughing stock. This, in turn, can make the whole thing collapse. It makes the system obsolete.

"The real enemies of the patent system are those lunatics who latch onto buzzwords, speaking about things they clearly do not understand, all in the name of creating more lawsuits over more bogus patents."The patent system wasn't conceived as a framework for giving monopolies on mere thoughts or nature or maths and it wasn't made to reward some abstract concept of an algorithm (mis-framed as "Hey Hi").

The real enemies of the patent system are those lunatics who latch onto buzzwords, speaking about things they clearly do not understand, all in the name of creating more lawsuits over more bogus patents.

Recent Techrights' Posts

Alyssa Rosenzweig's LibrePlanet Talk About Freeing the Apple GPU
Alyssa Rosenzweig is the graphics witch behind the reverse-engineered drivers for the Apple GPU. She previously led Panfrost, the free drivers for Arm Mali GPUs powering devices like the Pinebook Pro. She graduated in 2023 with a Computer Science degree from the University of Toronto and now writes free software full-time.
Links 30/06/2024: LLMs Under Fire and Dictatorship of the Old
Links for the day
[Meme] Walking Outside the Guardrails of the Walled Gardens Built by Monopolies
So-called "advertiser-unfriendly" material was never a problem for Wikileaks
This War Crime Footage, Nothing Political Per Se, Is What They Made Julian Assange Plead Guilty To (War Criminals Not Convicted, Only Those Who Expose Them)
Wikileaks' Julian Assange: Exposing the US Military Crimes
20 Years Passed, Let's Go Even Faster Now
We are hoping to bring more original stories
Windows Lost Almost 92% Market Share in Egypt
From over 99% to just over 7%
 
A Crisis of Online Journalism
Almost a week ago a journalist was forced to plead guilty for an act of journalism
Germany One of Many Countries Where Microsoft's Bing Lost Market Share After All That LLM Nonsense (Bing Chat and Further Rebrands/Renames)
openai.com traffic plunged 60% last month
Microsoft’s Latest Antitrust Scrutiny
4 new stories
Microsoft Layoffs, Mass Plagiarism, and More
outrage included
GNU/Linux Climbed 0.25% This Month (in statCounter)
Around midday on Tuesday we'll start seeing preliminary data for July
Ilya Gulko Introduces Pollyanna
"Pollyanna is a web framework that makes it easy to create your own libre social space, such as a social network or blog."
'FSFE': Underage Labour, GAFAM Fronting, and Identity Theft to Undermine the FSF's Current Fundraiser
looking to raise funds at the same time as the FSF
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 29, 2024
IRC logs for Saturday, June 29, 2024
Links 29/06/2024: Astronauts at Risk, Ukraine Updates
Links for the day
Fedora and Red Hat Leftovers
mostly redhat.com
Microsoft is Now Googlebombing or Spamming 'Open Source' and 'Linux' to Promote Proprietary Surveillance, Azure
Notice the title and the image, what's being promoted etc.
Seychelles: GNU/Linux Doing OK
Seychelles cannot be considered poor
Gemini Protocol Isn't Even Remotely "Dead"
"Lupa knows of 505,000 (half a million!) working Gemini URLs at present, up from about 425,000 this time last year"
About 10 New Free Software Foundation (FSF) Members Per Day
The total changed from 46 to 47 while typing the article
Vista 11 Adoption Unusually Low in Germany and It's Going Down, Not Up
This is not happening only in Germany
Kevin Korte on Computers Being Allowed to Make Decisions Based on Cryptic Algorithms and Proprietary/Secret Data
It uses buzzwords where none are needed
[Meme] Garbage In, Garbage Out (linuxsecurity.com)
It is neither Linux nor security, just chatbot-generated slop
Microsoft-Invaded CISA Spreads Anti-Free Software FUD (as If Proprietary Software Has No Memory Safety Issues), Brittany Day Uses Chatbots to Amplify and Permutate the Microsoft FUD
linuxsecurity.com became an anti-Linux spam site
Microsoft Laying Off Staff in an Act of Retaliation and Union-Busting
retaliatory layoffs at Microsoft
Gemini Links 29/06/2024: Content Drowning in 'Goo' and LLM Slop
Links for the day
In Ecuador, GNU/Linux Adoption Surged From Under 1% to Over 4% in About 3 Years
Not even counting Chromebooks
LibrePlanet: Cultivating Backups (of Recordings)
an appeal to recover some of these talks
Microsoft/Windows Machines Are Turned Off (or Windows Deleted/Decommissioned) in Web Servers, as the "Market Share" Collapse Continues
Taking full history into account, this is a decrease of over 90% in some cases
Corwin Brust Hosting Freedom: A Behind-the-scenes Tour With the GNU Savannah Hackers
"the "smiling faces" behind it."
Android at 90% or More in Chad
Windows below 2%
David Wilson: Cultivating a Welcoming Free Software Community That Lasts
"a feeling of shared ownership for all users."
Julian Assange Might Continue Wikileaks, But Certainly Not Yet (Recovery Time Needed)
And probably at a symbolic capacity only
Bringing in 12 Santas and Taking 13 Out (Old Interview With Julian Assange)
Julian Assange's life inside the Ecuadorian embassy
Neil Plotnick on GNU/Linux in the High School Classroom
uploaded to the LibrePlanet instance of MediaGoblin
Asia Appears to be Fastest to Adopt GNU/Linux
the home of a considerable majority of the world's population
Alexandre Oliva's LibrePlanet 2024 Talk About "Software Enshittification"
in spite of technical difficulties encountered while recording
What They Used to Do With Mono They Now Do With Systemd (Lower and Deeper Down Than Userspace)
Now we have a project started primarily by Red Hat (and managed by Microsoft GitHub, which is proprietary) being managed by Microsoft and primarily serving Microsoft and IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 28, 2024
IRC logs for Friday, June 28, 2024
Links 28/06/2024: Kangaroo Courts and Patents Spam, EFF Still Fighting for CPC's TikTok (a Digital Weapon)
Links for the day
Links 28/06/2024: Overton window and Polarization
Links for the day
[Meme] In 50 Years...
Microsoft's Vista 11 will take 50 years to be fully adopted
Only About 1 in 8 Russian Windows Users is Using Vista 11
it looks like over the past 12 months Vista 11 hardly grew and it remains very low at around 12% of Windows usage in Russia
Links 28/06/2024: More Attacks on the Press, More Censorship in Russia
Links for the day
Gemini Links 28/06/2024: Christmas Prematurely, Self-hosting
Links for the day
IBM: So Long, Suckers. Your Free OS is Now Proprietary. Pay IBM or Else.
almost exactly a year after turning RHEL into proprietary software
Vista 11 is Doomed and Despite Lack of Adoption Microsoft Already Speaks of Vapourware ("12")
"Microsoft has pulled a Windows 11 update after users reported boot loops and startup failures."
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock