05.14.17

IBM and Its Revolving Doors Lobby Are Plotting to Undermine Supreme Court Rulings to Restore Patentability of Software

Posted in IBM, Law, Patents at 4:22 pm by Dr. Roy Schestowitz

Truly malicious company that seeks to thwart democracy

Yes, it’s a real book based on a true story

Summary: IBM has become so evil that it is now trying to steal democracy, label programmers “thieves”, and basically attack the rule of law by extra-judicially overturning a Supreme Court decision

THE previous post reinforced the trend of software patents dying in the US, irrespective of what the USPTO does (because the courts have the final word and the highest court said “no” to software patents in Alice).

“It is widely known that when large corporations want to accomplish something in politics they can just bribe (or “hire”) some politicians, e.g. to change the law.”A few days ago we became aware of a new push to pressure politicians into undoing Alice. It is widely known that when large corporations want to accomplish something in politics they can just bribe (or “hire”) some politicians, e.g. to change the law. As usual, IBM, Microsoft etc. (acting via their front groups) are trying to rob us all and undermine patent progress. There were some tweets about it, which triggered a flurry of communications with us about 4 days ago. It quickly started to become clear what was happening around that time.

“Apparently,” wrote a patent reformer (whom we respect), “it is already being heavily lobbied even though there is no bill yet. A successful bill would have to focus on bio, not software…”

This is “not a good sign,” Benjamin Henrion responded. “The big guys have already written the bill.”

Yes, this is how they operate. They did this in other countries too, e.g. in New Zealand. We wrote about that at the time.

“They did this in other countries too, e.g. in New Zealand.”So basically, a bunch of patent parasites and patent trolls want to maximise their damage to the industry and in order to achieve this they are trying hard to change the law. Looking for some earlier context we found this: “Congressional staffers at Stanford PAE conference: patentable subject matter reform will be the first patent bill introduced this Congress…”

Amazing? Yes. Surprising? No. We saw that coming.

Henrion responded, “the great return of a software patent bill written by the patent industry?”

Not if we raise awareness of this and fight back.

“Amazing? Yes. Surprising? No. We saw that coming.”Then came the “Swamp” friends of Watchtroll and his ilk, with tweets like this: “@USinventors proposal on subject matter eligibility is also shaping the Congressional discussion. Depends on TC Heartland & non judiciary” (TC Heartland is due soon).

Someone asked: “Any discussion about proposed legislation (i.e., what might be the definition of patent eligible matter)?”

“If IBM uses radical sites like Watchtroll (which mocks judges) to lobby for software patents while paying former officials to ‘buy’ the law, then IBM certainly turned us into its enemy (we used to be a friend).”Well, it didn’t take long for Watchtroll to advertise this, with IBM taking the lead, as usual. In fact, for IBM to associate with such people says a lot about IBM. If IBM uses radical sites like Watchtroll (which mocks judges) to lobby for software patents while paying former officials to ‘buy’ the law, then IBM certainly turned us into its enemy (we used to be a friend).

Don’t forget the role played by David Kappos, the former Director of the USPTO. David Kappos is now selling influence/access, thus disgracing the USPTO which he came from (he had come from IBM before that).

“David Kappos is now selling influence/access, thus disgracing the USPTO which he came from (he had come from IBM before that).”It’s not too expensive buying policy in the US. Corporations such as IBM, together with an IPO “task force” (that’s what they call it) do this right now. David Kappos — now bankrolled by IBM, Microsoft etc. — tries to make software patents legally enforceable again, using old euphemisms such as “clarity” (to make it seem like they don’t steal democracy and stomp on the Justices).

It didn’t take long for this to be promoted by IBM

As Henrion told the IBM manager, “it would show that Congress members are lackeys of large corporations, but that’s not new.”

“IBM is very, very evil now.”IBM is now aided by a lobbyist (revolving doors in USPTO, also paid by IBM before and after his time at the USPTO). It is purchasing (or at least trying to purchase) new laws so as to override the highest court.

What does that tell us about IBM? Has it ever gotten more benign than it was back in the days of extreme patent aggression, notorious help to the Nazi regime, and so much more? IBM is very, very evil now. IBM links to this puff piece from Patently-O, which said this: “According to at least one hearsay report, members of Congress are working toward a new patent reform bill on subject matter eligibility – likely partially following the models prepared by the IPO and pushed by Dave Kappos (among others). There is some chance that it will be introduced this month.”

Yes, “Dave Kappos”… he refers to him as though it’s a close friend. Dave…

“To IBM, it stops nowhere. They’re bullies. They have become huge parasites again.”IBM continues advocating software patents, saying just a short while ago: “If one can #patent a process implemented in circuits, the same should be true for a process implemented in #software”

No ambiguity here. IBM is an enemy of Free/Open Source software.

Henrion responded with, “then if it is implemented in software, mental acts should also be patentable. Where does it stop?”

To IBM, it stops nowhere. They're bullies. They have become huge parasites again.

“They once again hijack the word “fix” to mean break. They want to undo the fix.”Watchtroll, who has been working alongside IBM for a while, says: “Read (and sign) the U.S. Inventor petition to Congress to fix the U.S. patent system. http://www.usinventor.org/petition/”

So they already have a site up and Henrion says that “patent madness it means.”

They once again hijack the word “fix” to mean break. They want to undo the fix. We have noted this deceptive pattern for over a year. How misleading a hijack of words.

“Software patent bill [are] being written by IBM coming to Congress,” Henrion keeps warning this weekend. “Every programmer engaging in some form of logic for a living,” he writes, “needs to think about buying patent insurance…”

“It probably won’t take long for Microsoft to publicly join IBM in pushing for this “fix” [sic], which means making Patent Trolls Great Again.”Henrion has already been the victim. He is a programmer like myself.

We are deeply and utterly disgusted to see a sort of alliance between Watchtroll, IBM, and Patently-O too, promoting the attack on software developers. The other day Patently-O once again promoted old myths about patents, which are neither a right nor property. Using their misleading words, they keep calling those whom they rob “thieves”, alleging that people who write their own code are “stealing” (as opposed to trolls who shake them down for ‘protection’ money).

It probably won’t take long for Microsoft to publicly join IBM in pushing for this “fix” [sic], which means making Patent Trolls Great Again. Keep an eye on “MicrosoftIP” in Twitter (in the coming days, maybe even as early as tomorrow). █

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