Bonum Certa Men Certa

IBM and IPO Continue Working Behind the Scenes to Undermine Alice and Promote Software Patents

Ginni Rometty



Summary: The Intellectual Property Owners Association (IPO), together with IBM (Manny Schecter, Marian Underweiser and others), is still trying to overturn Mayo and Alice

THREE years ago Alice came to change everything. It was the summer of 2014 when the US patent system became more 'officially' hostile towards software patents. Much has been written on the subject since then, including literally about a thousand articles here in Techrights (we regret not developing a detailed index page in Wiki form as we went along covering Alice; we had made one for the Bilski case).



"We constantly need to defend and advocate Alice; in absence of opposition to these saboteurs (usually the patent microcosm, which produces nothing but lawsuits) things can quickly change for the worse."Alice is not a "done deal", so to speak. Alice and Section 101 are constantly under attack. USPTO examiners often ignore the determination, instead relying on amorphous and dynamic guidelines, which contain loopholes for patenting software (a bunch of loopholes that courts don't quite fall for).

We constantly need to defend and advocate Alice; in absence of opposition to these saboteurs (usually the patent microcosm, which produces nothing but lawsuits) things can quickly change for the worse. We have already named some of these saboteurs. They don't quite keep it a secret (at least not effectively).

Yesterday we were reminded of the effect of stacked panels because Juve's UPC specialist wrote: "Nine panelist @Vossius #UPC Conference to vote on new start date of #UPC. All: at some day in 2019"

"We have already named some of these saboteurs. They don't quite keep it a secret (at least not effectively).""I guess none of these panelists was a UPC sceptic," I wrote. "Just gotta push the lie of Unitary Patent being inevitable."

UPC is a great example of echo chamber politics. Lots of people with financial stake in the outcome keep misleading one another. It's like a blind religion.

The same is true for software patents.

Just a short while ago IBM's patent chief, Manny Schecter, wrote that "99% of respondents to a survey at the IPO Annual Meeting indicated that change is needed to reform patent subject matter eligibility..."

For those who don't know what IPO is and how IBM is connected to it, see this article from February (we last mentioned it in May). IBM spearheads a propaganda campaign against Alice and it's too shallow for them to hide. The FFII's President responded to Schecter with, "this is what happens when you only ask the patent community. An echo chamber."

"Lots of people with financial stake in the outcome keep misleading one another."This is also what happens when IBM needs to rely on propaganda to harm software developers (with patent lawsuits).

We also see Steven Lundberg right there in the comments. Lundberg has long been a key part of the software patents lobby.

The EFF's Vera Ranieri also commented on this instance of IBM pushing for software patents.

She asked: "Is this like asking foxes whether the henhouse should be left wide open?"

"The meddling in patent policy by IBM is rather telling; IBM views its future as never-ending blackmail and extortion using software patents."IBM used to be "OK" towards Free/Open Source software in the late nineties, but right now it is an evil, aggressive, lying company. It's a patent aggressor. It is perfectly possibly/plausible that technology companies other than IBM (Microsoft for sure) want Alice thwarted and Section 101 changed, but they don't actively push for it like IBM does. The meddling in patent policy by IBM is rather telling; IBM views its future as never-ending blackmail and extortion using software patents.

Professor Polk Wagner, Intellectual Property [sic] professor at Penn, responded to Schecter by saying: "Only narrowly losing to ‘Is water wet?’ I’m sure!"

In our next post we'll talk about Alice trends and media spin that relates to it.

Recent Techrights' Posts

Richard Stallman is Usually Right Because He Thinks "Outside the Box"
he is able to observe society (mores and norms) as somewhat of an outsider
The Week to Come
Planning ahead
LLM Slop Has Only Been a Boon for Misinformation Online
The very same companies that were supposed to maintain quality (again, not limited to Google with PageRank) are now actively participating in generating and spreading slop
When They Tell You It's Free, Does That Mean No Charges (If So, Who's Paying and Why)?
there's "no free lunch"
 
Nonfree Software in My Bank, by Richard Stallman
Updated 8 hours ago
Links 28/07/2025: Science, Health, and Conflicts
Links for the day
Gemini Links 28/07/2025: Healthy Self-Image With Autism and a "New Life"
Links for the day
Links 28/07/2025: COVID-19 Sped up Brain Aging, "Circumvention is More Popular Than Compliance"
Links for the day
LWN Has Been Down for a Long Time, Another Casualty of LLM Bots?
Time will tell. How much time though?
Slopfarms Versus 'Linux' (and Against People Who Write Real Articles About GNU/Linux)
LLM slop in slopfarms by Brian Fagioli and Redazione RHC
Gemini Links 28/07/2025: Bila Yarrudhanggalangdhuray and Running pkgsrc in a FreeBSD Jail
Links for the day
Microsoft Turns News Sites Into Spamfarms
Is the site The Register MS the next IDG?
The Register MS/The Register US
On Saturday I contacted them for a comment (before issuing criticism)
Hacking revelations at Vatican Jubilee of Digital Missionaries
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 27, 2025
IRC logs for Sunday, July 27, 2025
We're Going to Focus Less on the Molotov Cocktail-Throwing Microsofters and More on Patents
We can get back to focusing on what we wanted to focus on all along
Just Trying to Keep Web Sites Honest (Journalistic Integrity)
the latest articles in LinuxIac are real
Links 27/07/2025: Political Affairs, Data Breaches, Attacks on Freedom of the Press
Links for the day
Gemini Links 27/07/2025: Hot in Japan and Terminal Escape Codes
Links for the day
Links 27/07/2025: More Microsoft Layoffs Coming, Science and Hardware News
Links for the day
Links 27/07/2025: FSF Hackathon and "Hulk Hogan Was a Very Bad Man"
Links for the day
Gemini Links 27/07/2025: DAW Mixer Chains and Simple Software
Links for the day
The Register MS is Inventing or Giving Air Time to New Conspiracy Theories so as to Distort the Narrative As High-Profile Agencies Fall Prey to Microsoft Holes
But the problem is holes, i.e. Microsoft making bad products; the problem is Microsoft
Most Editors at The Register Are American, Including the Editor in Chief, a Decade-Long Microsoft Stenographer (Writing Prose to Sell Microsoft)
It's not easy to tell where the site is based (we tried) because it's hiding behind ClownFlare and CrimeFlare hasn't been well lately
Pushers of systemd Rewrite History (Richard Stallman Said UNIX "Was Portable and Seemed Fairly Clean")
Unlike systemd
"New Techrights" Soon Turns 2 (A Few Days Before the FSF Turns 40)
We have a lot more to say about LLM bots
When Silence Says So Much
Garrett, a 'secure' boot pusher, will need to defend himself in the UK High Court
The Register in Trouble
There is not much that can be done at this point
Trajectory of The Register: From News Site/s Into "B2B"... and Into Microsoft Salespeople
Something isn't right at The Register
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 26, 2025
IRC logs for Saturday, July 26, 2025
Misinformation in Social Control Media
Social control media passes around all sorts of tropes
Slopwatch: Fake Linux 'Articles' and Slopfarms With "Linux" in Their Names/Domains
throwing bots at "Linux" to make some fake articles
Links 26/07/2025: Amazon Shutdown in China, Russian Economy Slows
Links for the day
Gemini Links 26/07/2025: History of Time (1988) and Gemini Games
Links for the day
Links 26/07/2025: 50 Percent Tariffs in Amazon, Dying Intel Offloads Network and Edge Group (NEX)
Links for the day
Doing My Share to Tackle Online Slop and SPAM
Trying my best to 'fix' the Web
Blaming Programming Languages for Users' and Developers' Bad Practices
That's like blaming cars for drivers who crash into things
Slopwatch: Fakes, FUD, Duplicates, and Charlatans Galore
The Web as we once know it is collapsing. Some opportunists try to replace it with low-quality slop.
The Register UK Seems to Have Become American and Management is Changing (Microsofter as Editor in Chief)
The Register 'UK' is now controlled by the Directions on Microsoft guy
Many People Still Read Techrights Because It Says the Truth, Produces Evidence, and Does Not Self-Censor
Unlike so many other sites
The Register is Desperate for Money, According to The Register
I decided to check how they're doing as a business
Microsoft Finally Finds a Use Case for Slop?
Create low-quality chaff to shift the media's attention?
Microsoft Windows Lost 400 Million Users in a Few Years, Why Does The Register Double Down on Windows With New US Editor?
days ago they hired a new US editor
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 25, 2025
IRC logs for Friday, July 25, 2025
For Libel Reform One Must First Bring (or Raise) Awareness to the Issues and Their Magnitude
I myself know, from personal experience
Links 26/07/2025: Rationed Meals in the US and TikTok Repels Investments (Too Toxic)
Links for the day
Gemini Links 26/07/2025: "Bloody Google" and New People in Geminispace
Links for the day
Response to Solderpunk (Father of Gemini Protocol) About the Gemini Community
Solderpunk responds to non-sequitur
HTML and the Web Used to be Something a Child Could Learn, "Modern" Web is a Puzzle of Frameworks, Bloat, and Worse
When the Web was more like Gemini Protocol