Bonum Certa Men Certa

Bilski Interpretation From Patent Lawyers

"The Justice Department also renewed its request that the court fine Microsoft $1 million a day for contempt and, in an unusual move, asked the judge to give the government new authority to review any new operating systems or browsers made by Microsoft at least thirty days before release."

--Barbarians Led by Bill Gates, a book composed
by the daughter of Microsoft's PR mogul



Summary: How today's patent lawyers have further subverted patent law and turned it into a monopoly enabler which does nothing but inhibit science

Eben Moglen is a unique lawyer in the sense that he views copyright and patent laws with a different contextual knowledge in mind. Moglen studied legal history when he was earning his doctoral degree and in this new interview with The Prior Art Professor Moglen explains how the Bilski decision relates to the history of patents. "The job of patent law was an eighteenth-century job—encouraging people to immigrate to the U.S., bringing skills with them," he explains. Here is the whole answer:



Q: What's your opinion of the Bilski decision?

The decision is one of those that clearly shows why it has come down on the last day of the term after being argued early. When you see a case like that come down, one of the things that occurs to you is that a majority has fallen apart. The justices agreed about less than they thought.

Everybody has to adjust to the fact that a question we believed was going to be decided didn't get decided after all.

In the case of Bilski, the question was: "How does patent law work in the twenty-first century?"

The job of patent law was an eighteenth-century job—encouraging people to immigrate to the U.S., bringing skills with them. This was a big continent which the white people here thought of as "empty." Patent law—the way the Continental Congress wanted to make it, the way the Constitutional Convention saw it—was a way of rewarding inventors.

In the nineteenth century, that eighteenth-century system worked well. America filled up with people who used technology to tame the natural environment.

Right now, we have a patent system that's extensively used only by two industries: information technology and pharmaceuticals. Anybody else, the patent system doesn't help them that much. Most of the world's manufacturers now use trade secret law. [And] the two industries that use patent law heavily use it for reasons irrelevant to its formation.

In the information technology [IT] industry we live in now, where software [is often] made by people who want to share rather than own, patent law imposes very significant problems for innovators. That patent law doesn't maximize innovation in software has been the observation of engineers and lawyers who work in the part of the world I work in, sometimes called the free and open source software community. But what it really is is part of science. Knowledge about the world is collected and organized for other people to learn from. Unlike almost all other forms of science, because writing it down in computer terms can also be writing down a program a computer could execute, basic scientific communications are made the subject of ownership by current patent law, unintentionally.



Unlike Moglen, many lawyers make a living out of agitating (suing) companies for so-called 'inventions' which these lawyers never had anything to do with. Some lawyers help create ammunition with which to agitate other companies. In that regard, these lawyers' contribution to society is largely negative (we do not make sweeping statements about lawyers, just particular types of lawyers).

“Funny how those who promote software patents are rarely computer scientists, just monopolies and parasites.”One example of a vocal patents parasite is Gene Quinn with his Patent Watchtroll blog, which continues to lobby in favour of software patents, this time by giving a platform to yet another patent lawyer. Separately, in a legal site which entered Google News there is another patent lawyer doing this type of lobbying just yesterday (but for business method patents). By stating that the Bilski case endorses software and business method patents (which is does not, at least not directly) they hope to encourage more people to come to lawyers like themselves and pay extraordinary amounts of money to create an unjust monopoly. Funny how those who promote software patents are rarely computer scientists, just monopolies and parasites. Sometimes they (Microsoft for example) hire AstroTurfers to pretend to be small businesses in favour of software patents.

Recent Techrights' Posts

EPO "Cocaine Communication Manager" - Part I - Getting the Word Out About What the 'Alicante Mafia' Did to Europe's Second-Largest Institution
Can't everyone in the European media agree that letting cokeheads run Europe's second-largest institution is a terrible idea?
 
xAI and X (Twitter) Live on Borrowed Time, It'll Get a Lot Worse Fast
Being associated with a child porn site formerly known as "Twitter" is odorous to say the least
Microsoft is Lobbying Brussels via Opensource.org and OSI
The new (GAFAM) management at OSI is not serving the OSI's original mission
Will Lockett's Newsletter: Microsoft became Microslop and Windows users are "flocking" to GNU/Linux "to escape the mess"
"Users are fed up and jumping ship from Windows to Mac or Linux. In fact, it appears that Windows has lost 400 million users since 2022!"
Photographic Collections
There are going to be over 100,000 JPEG, PNG, and GIF files by the time we turn 20
Norway Curbs Social Control Media as It Harms Norway's Society
A decrease from 11% to just 1.87% is possible to reason about
Accomplishments of Our Community
Why I enjoy writing in Techrights
Microsoft Invented a Slop CEO ("AI CEO") Because Real Interest in Slop is Waning, So It's Just Faking Its Prominence
It's noise
Google Promoting Slop, Not Journalism
The truth of the matter is, Google is part of this problem and it doesn't seem to care
Another IBM Company (Spawned by IBM) is Hiding the Scale of Layoffs, Just Like Red Hat and Kyndryl
Why is the scale of the layoffs there shrouded in secrecy?
Links 14/02/2026: Financial Woes in Hong Kong and "Hong Kong Journalists Face ‘Precarious’ Future After Jimmy Lai Jailed"
Links for the day
Gemini Links 14/02/2026: Fish Shell and Meta Slash-commands
Links for the day
Links 14/02/2026: "Bias and Toxicity in" Slop, Microsoft's Vista 11 System Update Breaks Systems Again
Links for the day
Links 14/02/2026: "Suppression of Free Speech" and "Climate Change Puts Winter Games on Thin Ice"
Links for the day
Richard Stallman in the United States - Part I - Huge Audience (Offline and Online), 'Cancel Culture' Attempted and Failed
the comeback of Richard Stallman (RMS) in the United States
GitHub Cannot Survive for Much Longer
Microsoft is trying to just hide the debt
Ed Zitron: Microsoft Is A Decaying Empire That Bet The Future On Making In Excess Of $500 Billion In New Revenue Within The Next 4 To 6 Years From AI — And It Hasn’t Made A Dime In Profit Yet
Microsoft bets its future on a bunch of nothing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day
IBM's Accounting Claims Don't Add Up
IBM is an enigma. To Wall Street is claims to be doing extremely well, but insiders tell the complete opposite.
Links 13/02/2026: "Cofounders Fleeing MElon’s xAI" and IOC Opposes Solidarity With Ukraine's Fallen
Links for the day
IBM is Becoming "Garbage In, Garbage Out" (GIGO) "Just like Arvind and Krabanaugh." (CEO and CFO, Respectively)
There are some decent new comments about IBM this morning
Gemini Links 13/02/2026: Square Function with Diode Network and Calls Against Discord
Links for the day
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs
Mainstream Media Intentionally Ignoring EPO Strikes
“EPO on Strike!”
Jeffrey Epstein crypto disclosure: uncanny timing, Bitcoin demise, pump-and-dump, ponzi schemes
Reprinted with permission from Daniel Pocock
Gemini Links 12/02/2026: Avoiding Coffee, Trying Ubuntu, and "Open Source Robot"
Links for the day
Microsoft Slop CEO Speaks of Layoffs
They will go along with the "replaced by AI" baloney
In Systematic Contempt of the British High Court, Brett Wilson LLP Spent Two Years Lying to Courts and Breaking Rules Against Us
We criticise Brett Wilson LLP quite lot because of its conduct
IBM Kyndryl as "Aggressive “Enron” Accounting"
IBM Kyndryl continues to nosedive today
Relationships evidence: Tiago, Tassia, Thais, Antonio & Debian favoritism, nepotism
Reprinted with permission from Daniel Pocock
Debian pregnancy cluster: why it is public interest
Reprinted with permission from Daniel Pocock
IBM Bubble Deflating After James Kavanaugh's Accounting Trick With 'Toxic Assets' Comes Under SEC Scrutiny
If something goes up based on false speculations, bonus numbers and self-serving lies, then it'll come back down, eventually...
The EPO's Corruption and Violation of Rules is Spreading to the United Kingdom (Software Patents)
Yesterday a letter was sent to the chief regarding salaries while reminding him of the next strike, which is only 11 days away
State of the Slop, Slopfarms Containment
Slopfarms still exist this year, but their visibility is limited
IBM Continues Tanking Today, Already $58+ Lower Than Recent High, Insiders Explain Why
The same CFO from the inception of Kyndryl is still the CFO at IBM
Links 12/02/2026: Pushback Against, "NATO Is Expected to Step Up Arctic Security"
Links for the day
Links 12/02/2026: "Microsoft Just Forked Windows" and Windows Notepad is a Giant Security Hole
Links for the day
Put Criminals in Prison, Not People Who Report the Crimes
Can people be sent to prison for opposing crime?
Windows Has Become Increasingly Irrelevant
There's a very massive wave of layoffs coming Microsoft's way
Our Most Successful Year Ever
The hired guns in London are eager to turn the UK into another China
Slopfarms Waning, But Not Extinct Yet
Metrics show that usage of LLMs is declining
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 11, 2026
IRC logs for Wednesday, February 11, 2026