Bonum Certa Men Certa

The Electronic Frontier Foundation (EFF) Covers Software Patents Again

Cory Doctorow
By Dominik Butzmann / re:publica - re:publica faces 2019, CC BY-SA 2.0.



Summary: Cory Doctorow and Joe Mullin (EFF) wrote about software patents this week; this shows that the EFF can still pivot in the right direction if it really wants to

As it turns out, Joe Mullin is fortunately still around (at the EFF, he used to be in the media) and the other day he cautioned "the U.S. Solicitor General Trying To Change The Law To Benefit Patent Trolls". His EFF colleague, Mr. Doctorow, said at almost the same time: "In theory, patents are for novel, useful inventions that aren't obvious "to a skilled practitioner of the art." But as computers ate our society, grifters began to receive patents for "doing something we've done for centuries…with a computer." "With a computer": those three words had the power to cloud patent examiners' minds."



He then changed the subject from software patents to patent trolls (the EFF habitually changes the subject to "bad patents" or "trolls"). To quote: "Patent trolls – who secure "with a computer" patents and then extract ransoms from people doing normal things on threat of a lawsuit – are an underappreciated form of "tech exceptionalism." Normally, "tech exceptionalism" refers to bros who wave away things like privacy invasions by arguing that "with a computer" makes it all different."

Quoting Mr. Mullin, regarding the U.S. Patent and Trademark Office (USPTO) and 35 U.S.C. €§ 101: "Government officials should be working to reduce, not increase, the burden that low-quality patent lawsuits impose on innovators. So we’re concerned and dismayed by recent briefs filed by the U.S. Solicitor General, asking the Supreme Court to reexamine and throw out the best legal defenses regular people have against “patent trolls”—companies that don’t make products or provide services, but simply use patents to sue and threaten others.

"To truly stop patent trolls, we’ll need wholesale reform, including legislative change. But the current framework of rules governing Section 101 of the U.S. patent laws, including the Supreme Court’s 2014 CLS Bank v. Alice decision, were important victories for common-sense patent reform.

"The Alice decision made clear that you can’t simply add generic computer language to basic ideas and get a patent. The ruling has been consistently applied to get the worst-of-the-worst software patents kicked out of the system. For the most part, it allows courts to state, clearly and correctly, that these patents are a form of abstract idea, and should be thrown out at an early stage of litigation. A win under the Alice rules spares the targets of patent trolls not just from an unjust trial, but from an invasive and expensive discovery process, fueled by a patent that never should have been issued in the first place."

It's encouraging to see that the EFF still covers this issue, however seldom, and we hope it'll do so as frequently as it used to do.

Recent Techrights' Posts

Rust Propaganda Now Amplified by Slopfarms Powered by Microsoft LLMs, Encouraging the Outsourcing of GNU/Linux Distros to Microsoft/GitHub/NSA (and a Shift Away From GPL/Copyleft)
Moving to Microsoft GitHub and adopting unfinished, untested code for highly critical bits
IBM is Rotting With "Zero Internal Jobs" and Many PIPs (Performance Improvement Plans) on the Way, Typically a Fast Track Towards Layoffs Without Severance
At risk of giving air(time) to tribal sentiments, the internal joke at IBM is that to IBM "AI" stands for "All Indian"
The Gerstnerisation of Microsoft: Seventh Wave of Microsoft Layoffs (Over 20,000 to be Cut) Allegedly Going to Start Shortly, Probably Start of Next Week, Microsoft Spreads Chaff and Noise Before the Big Axes Fall
we might be looking at about 50,000 people that Microsoft gets rid of this year
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
 
"Victory Day" - Part II: Abject Defeat to Hypocrites and Objectionable People Who Strangle Women Whilst on Microsoft's Payroll
Someone is going to have to pay for this; it won't be us
Links 09/05/2025: Inflation Rising and Rights to Protest Curtailed Some More
Links for the day
Gemini Links 09/05/2025: Good and Evil, LLMs Made the Web Worse Yet Again
Links for the day
European Patent Office (EPO) Faked "Revenue Expansion" by Granting Loads of Invalid, Illegal Patents; Staff Still Wants to Know Where That Money Went
Only about 30% of the EPO's patents are for EU entities/people
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025
Links 08/05/2025: Mass Layoffs at Google Again, India/Pakistan Tensions Continue to Grow, New Pope (US) Selected
Links for the day
"Victory Day" - Part I: That is the Day Microsofters Who Assault Women Pay for Their Actions in Foreign Land (Using "Guns for Hire" Who Attack Their Own Country for American Dollars)
Adding a friend from Microsoft to the docket didn't help
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025
The CoC Means the Founder of GNU/Linux Cannot Talk and a 72-Year-Old Man With Cancer is Somehow a "Safety" Risk?
Those who don't like RMS are not forced to attend his talks
Gemini Links 07/05/2025: A Shopping Spree and Digital Gardening
Links for the day
Links 07/05/2025: Pegasus Guilty and a Path Towards EU Without Russian Energy
Links for the day
People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025