03.13.17

Gemini version available ♊︎

What Appears Like News Sites or Blogs About Patents and ‘IP’ Got Polluted by Lobbying That Peddles Corporate Agenda

Posted in Deception, Patents, Site News at 10:15 am by Dr. Roy Schestowitz

Also see: Independent and Untainted Web Sites About Patents Are Still Few and Rare

“The major media-particularly, the elite media that set the agenda that others generally follow-are corporations “selling” privileged audiences to other businesses. It would hardly come as a surprise if the picture of the world they present were to reflect the perspectives and interests of the sellers, the buyers, and the product. Concentration of ownership of the media is high and increasing. Furthermore, those who occupy managerial positions in the media, or gain status within them as commentators, belong to the same privileged elites, and might be expected to share the perceptions, aspirations, and attitudes of their associates, reflecting their own class interests as well. Journalists entering the system are unlikely to make their way unless they conform to these ideological pressures, generally by internalizing the values; it is not easy to say one thing and believe another, and those who fail to conform will tend to be weeded out by familiar mechanisms.”

Noam Chomsky

Summary: Another timely walkthrough (journey through the past week’s supposed news) which demonstrates how several self-acclaimed/self-proclaimed “news” sites and even “blogs” operate (which helps explain why they don’t cover EPO scandals among other inconvenient — to them at least — realities)

WE NOW know that Michelle Lee is definitely the Director of the USPTO (it's officially confirmed now), so sites like IAM and Watchtroll are obviously not happy (IAM is a special case, or a case apart, which we debunk regularly). They spent a lot of effort casting doubt, attacking Lee, and even promoting replacements to her (even though she had not been fired). We will never forget what they tried to accomplish; neither should Lee.

“Therein lies the power of lobbying.”Shedding of doubt and uncertainty where there was none to begin with is a classic lobbying tactic and even Joe Mullin fell for it. He asked “Who’s in charge?” even when we already knew it was Lee and those who cited Mullin said “a FOIA request which could have been fulfilled by answering the simple question “Who is the office’s acting director?” Instead, the patent office asked for a delay until March 10, citing a section of the law that allows for delay in “unusual circumstances.””

There was no legitimate basis for doubts about her place (secured by default) other than her face not yet showing up on the official site (after Trump’s inauguration, whereupon many other faces disappeared from the site too). She was still effective in her position and signed documents accordingly. There was nothing mysterious about it. There was no scandal.

“Watchtroll is a very malicious site.”Therein lies the power of lobbying. And lots of that lobbying, as even TechDirt pointed out at one point, could be traced back to Watchtroll — a site that attacked Lee so often that we’ve lost track of the number of times.

Watchtroll (a.k.a. “IP Watchdog”)

Watchtroll is a very malicious site. It not only promotes software patents; it promotes patent maximalism, litigation maximalism, and basically a whole lot of chaos. Watch this latest nonsense from Watchtroll. It’s just incredible! This headline and the entire premise of this Watchtroll ‘article’ is completely bunk (not just false), and this is the latest example of low-quality lobbying for software patents, composed by one whose qualification is just writing (not a technical person by any stretch of imagination). With all sorts of events and other peripheral activities, Watchtroll is more than just a blog now. It’s akin to a pressure/attack/front group. IBM seems eager to use these ‘services’, no matter how nefarious. It pays off to — or there’s plenty of money in — being malicious.

“IBM seems eager to use these ‘services’, no matter how nefarious.”To break down the latest software patents brainwash, it’s just some incoherent nonsense with absolutely no connection between one thing and another. The author was just picking something random from the news (with the buzzwords of the day, “AI”), then wrongly asserting that it shows a need for software patents, even if the UK-IPO does not grant software patents. Here is an except: “Of course, not every step the government can take is a positive one, especially if it’s a backwards step, and nowhere is this more painfully apparent than in the United States. At the same time that our own federal government is evincing a great deal of skepticism as to the patentability of subject matter important to the AI sector, namely software, other nations are moving ahead with plans to improve intellectual property protections for such innovations. For example, new patent examination guidelines set to go into effect in China during early April will increase patent eligibility for software and business method inventions.”

“It pays off to — or there’s plenty of money in — being malicious.”AI moves forward in spite of patents, not owing or thanks to them. But never mind all those pesky ‘facts’ and “so called judges”. What Watchtroll is after is just some “alternative facts” or gross misinterpretations. That’s just the usual from them (when they’re not busy attacking the Director of the USPTO, the Justices, various judges and also appeal boards whose work they don’t tolerate).

IP Watch

Watchtroll is actually a symptom of a much broader problem. A lot of so-called ‘news’ is not at all news but PR and lobbying. The other day at IP Watch, typically a good site, we saw this guest ‘article’ from “Content Manager at Morningside IP” (apparently that’s an actual job title). She wants us to think that the whole world is about patents (guess what “IP” stands for; not patents) and here is one portion of her “content”:

If you want to know where technology is headed, a great place to look is in a patent application database like the USPTO. One of the qualifications for getting a patent granted is “novelty,” which means new, similar innovations won’t appear anywhere else. Once enough data is collected from the database, it can be used to map out and predict unique advancements in specific areas of technology.

How many things are being developed outside or irrespective of patent offices? In the field of software almost everything! So this Content Manager would be better off looking at source code in sites such as Github, rather than take the risk of willful infringement (far higher damages if found guilty) that examination/surveying of granted patents would entail.

“Why do readers out there think there is barely any coverage of EPO scandals other than in Techrights?”We are very much saddened to see the state of so-called ‘IP’ blogs and several months ago we wrote a long rant about it. There are barely any sites at all countering that sort of nonsense; Groklaw no longer operates and few good sites like Against Monopoly seem to have gone defunct quite some time back.

Why do readers out there think there is barely any coverage of EPO scandals other than in Techrights? It just doesn’t suit their business model, it does not attract advertisers and they would rather reprint “guest” posts or “sponsored” articles. It’s a lot less risky, especially from a legal standpoint. There is no money in ideology, unlike PR/marketing/advertising.

Managing IP

Yesterday we showed how Managing IP had set up yet another -- far from the first -- lobbying opportunity for Team UPC (that’s big money right there, with visitors paying £995 + VAT to enter) and days ago the site wrote about designs cases (not just patents), taking a short break from supposed “endorsements” of law firms and people in “IP” (we have to wonder how they turn this “endorsement” system into money, and the same goes for IAM). There was plenty of that recently and we needn’t necessarily link (feed) to it!

“There is no money in ideology, unlike PR/marketing/advertising.”Managing IP also wrote about this Sprint verdict (gigantic $140m patent case), but the above author, Joe Mullin, did a far better job covering it. He is at least balanced. To quote: “Sprint has been filing patent lawsuits over VoIP for more than a decade now, and the company may have just scored its biggest payout yet. On Friday, a jury in Sprint’s home district of Kansas City said that Time Warner Cable, now part of Charter Communications, must pay $139.8 million (Verdict Form) for infringing several patents related to VoIP technology. The jury found that TWC’s infringement was willful, which means that the judge could increase the damage award up to three times its value.”

$139.8 million in one single case. Sites like IAM would likely hail/praise it as some sort of fantastic “success story” and proof of “innovation” or whatever, rather than what it really translates into (rich people getting a lot richer).

IP Kat

Even IP Kat, which we once respected, appears to have devolved into a part-time front group of Team UPC, Bristows in particular (even as recently as one week ago). It no longer covers EPO scandals and some people are not entirely tolerant of the explanations/excuses. To quote some comments, “This smacks Of a dishonourable Retreat,” the following poem said:

So.
Farewell then
Merpel.

You were
A great
Feline.

Though you
Did appreciate
An acrostic

This smacks
Of a dishonourable
Retreat

Strange
Frankly

EJ Bringbackalib.

Some people are so angry at IP Kat for letting EPO management (basically crooks) off the hook that the write a comment like this (not sufficiently grateful to Merpel for what she did do)

“The only thing necessary for the triumph of evil is that good men do nothing”.

Shame on you, Merpel. It’s impossible not to lose all respect.

“I feel as well betrayed to see a major help leaving us,” another person wrote, “while Eponia goes deeper into its Orwellian [edit] world…”

As EPO employee, I have mixed feelings, which cannot be understood by someone from outside I guess.
I am very thankful to The Kat for sharing well documented, precise news with a british humor. We found necessary that the outside world, and in particular the IP-world understands what the situation.
I feel as well betrayed to see a major help leaving us, while Eponia goes deeper into its orwelian world: cameras everywhere, spy softwares on our computers, a kafkaian investigation unit, directors going mad if the world “quality” is whispered, heavy recruitement despite a files shortage preparing a future all in “flexibility”, examiners working on short term contracts and distress in every corners. We are not allowed to speak.
It is not an article in one generalist newspaper per semester, which will help broadcasting the situation.
Dear Kat, I understand that you want to take some rest but WE NEED YOU.

“I cannot understand you stop covering the EPO news,” another person wrote. Are you a IP and European blog?”

Well, that’s self-censorship after intimidation (on the face of it). To quote the entire comment:

one of the commenters consider the examiners to dig their own grave. It is easy to say when you rest comfortably on your couch not knowing what it means to work in a toxic environment everyday year in year out. Even a first class IP blog like IPkat is giving up commenting the terrible situation of Eponia (pressure? threats?), how is staff supposed to have sufficient means to say no to the sick, delirious demands we get from the management? Staff is suffering and every day adds a little more, up to the day where one gets a serious illness, depression, burn out or in the worst cases commits suicide.
IPkat, I cannot understand you stop covering the EPO news. Are you a IP and European blog ? If so, not mentioning the EPO anymore simply means we are not doing your duty of informing about IP news.
Renaming your blog IPkat “passionate about IP (except EPO – too dangerous) ” would be more appropriate.

There are more comments to that effect, but it ought to suffice for now.

Patently-O

We used to believe, however briefly and perhaps naively, that Professor Dennis Crouch was reasonably balanced, but that has changed recently, and the last straw was reached with his anti-PTAB diatribe (negative posts in the face of improved patent quality). Earlier this month his blog wrote about CAFC as follows:

In a non-precedential opinion, the Federal Circuit has affirmed the district court’s confirmation of the arbitration award with the minor exception of interest calculation. Here, the arbitrator awards are powerful becaues they can only be overturned based upon quite “demanding standards” involving “manifestly disregard the law.” A portion of the award included what appears to be post-expiration royalties. However, the Federal Circuit held that the manifest-disregard standard is so high that even those damages cannot be vacated (one of the five patents has not yet expired).

Another new post by Dennis Crouch spoke of the same court’s history overruling lower courts (in one particular aspect), as they rightly should (including Alice these days):

This decision by Judge Moore recalls the Federal Circuit’s long history of rejecting district court claim constructions and also highlights Judge Moore’s formalistic approach to claim construction.

Now watch the blog referring as “reasonable” (as in RAND/FRAND) to payments of a ‘mere’ $30,000,000… for just two patents. To quote:

The Nebraska jury found Sprint liable for infringing Prism’s patents and awarded $30 million in reasonable-royalty damages. U.S. Patent Nos. 8,127,345 and 8,387,155.

Patents at $15 million apiece? Against just one single company? It doesn’t take a genius to see that something is seriously wrong here. How about the patent troll whom we wrote about last week, after he had made about $50 million from just one invalid patent?

“As is often the case in life, those who survive in the long run are those well funded (or greased up) by people who look to gain something from interjected bias and agenda, either lobbying, shameless self-promotion, self-censorship, or a wider combination of several/all those things.”I truly miss Groklaw myself; this is the one site about so-called ‘IP’ which I knew was written by a legal professional (paralegal) who in no way had a stake in any corporation covered, nor in advertisers. As is often the case in life, those who survive in the long run are those well funded (or greased up) by people who look to gain something from interjected bias and agenda, either lobbying, shameless self-promotion, self-censorship, or a wider combination of several/all those things. It’s a sordid world with sordid, submissive corporate media.

“If the media were honest, they would say, Look, here are the interests we represent and this is the framework within which we look at things. This is our set of beliefs and commitments. That’s what they would say, very much as their critics say. For example, I don’t try to hide my commitments, and the Washington Post and New York Times shouldn’t do it either. However, they must do it, because this mask of balance and objectivity is a crucial part of the propaganda function. In fact, they actually go beyond that. They try to present themselves as adversarial to power, as subversive, digging away at powerful institutions and undermining them. The academic profession plays along with this game.”

Noam Chomsky

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. EPO Staff Committee Compares the Tactics of António Campinos to Benoît Battistelli's

    The Central Staff Committee (CSC) of the EPO talks about EPO President António Campinos, arguing that “he seems to subscribe to the Manichean view, introduced by Mr Battistelli…”



  2. Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“

    The truth remains unquestionable and the law remains unchanged; Team UPC is living in another universe, unable to accept that what it is scheming will inevitably face high-level legal challenges (shall that become necessary) and it will lose because the facts are all stlll the same



  3. Links 1/12/2021: LibrePlanet CFS Extended to December 15th and DB Comparer for PostgreSQL Reaches 5.0

    Links for the day



  4. EPO Cannot and Will Not Self-Regulate

    The term financialisation helps describe some of the activities of the EPO in recent years; see Wikipedia on financialisation below



  5. [Meme] Germany's Licence to Break the Law

    Remember that the young Campinos asked dad for his immunity after he had gotten drunk and crashed the car; maybe the EPO should stop giving diplomatic immunity to people, seeing what criminals (e.g. Benoît Battistelli) this attracts; the German government is destroying its image (and the EU’s) by fostering such corruption, wrongly believing that it’s worth it because of Eurozone domination for patents/litigation



  6. EPO Dislikes Science and Scientists

    The EPO's management has become like a corrupt political party with blind faith in money and monopolies (or monopoly money); it has lost sight of its original goals and at this moment it serves to exacerbate an awful pandemic, as the video above explains



  7. Links 1/12/2021: LibreOffice 7.3 Beta, Krita 5.0, Julia 1.7

    Links for the day



  8. Links 1/12/2021: NixOS 21.11 Released

    Links for the day



  9. IRC Proceedings: Tuesday, November 30, 2021

    IRC logs for Tuesday, November 30, 2021



  10. Links 1/12/2021: Tux Paint 0.9.27 and WordPress 5.9 Beta

    Links for the day



  11. [Meme] EPO Administrative Council Believing EPO-Bribed 'Media' (IAM Still Shilling and Lying for Cash)

    IAM continues to do what brings money from EPO management and Team UPC, never mind if it is being disputed by the patent examiners themselves



  12. The EPO's Mythical “Gap” Has Been Found and It's Bonuses for People Who Use Pure Fiction to Steal From Patent Examiners

    The phony president who has the audacity to claim there's a budget gap is issuing millions of euros for his enablers to enjoy; weeks ahead of the next meeting of national delegates the Central Staff Committee (CSC) tells them: "Events show that the delegations’ concerns about functional allowances have materialised. The lack of transparency and inflation of the budget envelope gives rise to the suspicion that high management is pursuing a policy of self-service at the expense of EPO staff, which is difficult to reconcile with the Office’s claimed cost-saving policy, and to the detriment of the whole Organisation."



  13. Video: Making the Internet a Better Place for People, Not Megacorporations

    Following that earlier list of suggested improvements for a freedom-respecting Internet, here's a video and outline



  14. Links 30/11/2021: KDE Plasma 5.23.4, 4MLinux 38.0, Long GitHub Downtime, and Microsoft's CEO Selling Away Shares

    Links for the day



  15. A Concise Manifesto For Freedom-Respecting Internet

    An informal list of considerations to make when reshaping the Internet to better serve people, not a few corporations that are mostly military contractors subsidised by the American taxpayers



  16. Freenode.net Becomes a 'Reddit Clone' and Freenode IRC is Back to Old Configurations After Flushing Down Decades' Worth of User/Channel Data and Locking/Shutting Out Longtime Users

    Freenode is having another go; after “chits” and “jobs” (among many other ideas) have clearly failed, and following the change of daemon (resulting in massive loss of data and even security issues associated with impersonation) as well as pointless rebrand as “Joseon”, the domain Freenode.net becomes something completely different and the IRC network reopens to all



  17. Jack Dorsey's Decision is a Wake-up Call: Social Control Media is Just a Toxic Bubble

    The state of the World Wide Web (reliability, preservation, accessibility, compatibility etc.) was worsened a lot more than a decade ago; with social control media that’s nowadays just a pile of JavaScript programs we’re basically seeing the Web gradually turning into another Adobe Flash (but this time they tell us it’s a “standard”), exacerbating an already-oversized ‘bubble economy’ where companies operate at a loss while claiming to be worth hundreds of billions (USD) and generally serve imperialistic objectives by means of manipulation like surveillance, selective curation, and censorship



  18. IRC Proceedings: Monday, November 29, 2021

    IRC logs for Monday, November 29, 2021



  19. Links 29/11/2021: NuTyX 21.10.5 and CrossOver 21.1.0

    Links for the day



  20. This Apt Has Super Dumbass Powers. Linus Sebastian and Pop_OS!

    Guest post by Ryan, reprinted with permission



  21. [Meme] Trying to Appease Provocateurs and Borderline Trolls

    GNU/Linux isn’t just a clone of Microsoft Windows and it oughtn’t be a clone of Microsoft Windows, either; some people set themselves up for failure, maybe by intention



  22. Centralised Git Hosting Has a Business Model Which is Hostile Towards Developers' Interests (in Microsoft's Case, It's an Attack on Reciprocal Licensing and Persistent Manipulation)

    Spying, censoring, and abusing projects/developers/users are among the perks Microsoft found in GitHub; the E.E.E.-styled takeover is being misused for perception manipulation and even racism, so projects really need to take control of their hosting (outsourcing is risky and very expensive in the long run)



  23. Links 29/11/2021: FWUPD's 'Best Known Configuration' and Glimpse at OpenZFS 3.0

    Links for the day



  24. President Biden Wants to Put Microsofter in Charge of the Patent Office, Soon to Penalise Patent Applicants Who Don't Use Microsoft's Proprietary Formats

    The tradition of GAFAM or GIAFAM inside the USPTO carries on (e.g. Kappos and Lee; Kappos lobbies for Microsoft and IBM, whereas Lee now works for Amazon/Bezos after a career at Google); it's hard to believe anymore that the USPTO exists to serve innovators rather than aggressive monopolists, shielding their territory by patent threats (lawsuits or worse aggression) and cross-licensing that's akin to a cartel



  25. Microsoft GitHub Exposé — Part VIII — Mr. Graveley's Long Career Serving Microsoft's Agenda (Before Hiring by Microsoft to Work on GitHub's GPL Violations Machine)

    Balabhadra (Alex) Graveley was promoting .NET (or Mono) since his young days; his current job at Microsoft is consistent with past harms to GNU/Linux, basically pushing undesirable (except to Microsoft) things to GNU/Linux users; Tomboy used to be the main reason for distro ISOs to include Mono



  26. Dr. Andy Farnell on Teaching Cybersecurity in an Age of 'Fake Security'

    By Dr. Andy Farnell



  27. IRC Proceedings: Sunday, November 28, 2021

    IRC logs for Sunday, November 28, 2021



  28. Links 29/11/2021: Linux 5.16 RC3 and Lots of Patent Catch-up

    Links for the day



  29. By 2022 0% of 'News' Coverage About Patents Will Be Actual Journalism (Patent Litigation Sector Has Hijacked the World Wide Web to Disseminate Self-Promotional Misinformation)

    Finding news about the EPO is almost impossible because today’s so-called ‘news’ sites are in the pockets of Benoît Battistelli, António Campinos, and their cohorts who turned the EPO into a hub of litigation, not science; this is part of an international (worldwide) problem because financial resources for journalism have run out, and so the vacuum is filled/replaced almost entirely by Public Relations (PR) and marketing



  30. Trying to Appease Those Who Never Liked Free Software or Those Who Blindly Loved All Patent Monopolies to Begin With

    It’s crystal clear that trying to appease everyone, all the time, is impossible; in the case of the EPO, for example, we hope that exposing Team Battistelli/Campinos helps raise awareness of the harms of patent maximalism, and when speaking about Free software — whilst occasionally bashing the alternatives (proprietary) — we hope to convince more people to join the “Good Fight”


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts