Bonum Certa Men Certa

Much Ado About Senators Tillis and Coons (Who Failed in 2017 and in 2018)

Politicians 'bought' by the "legal industry" work for the "legal industry" (as if law is up for sale, a form of bribery and overt corruption)

Coons bribed It's not bribery if they call it "campaign contributions" (right?)



Summary: The patent microcosm is attempting to buy laws that supersede the US Supreme Court (SCOTUS) and remove/weaken U.S.C. €§ 101 as well as PTAB while their blogs and sponsored 'articles' serve as lobbying vehicles

AT the end of last year and again at the start of this year we repeatedly stated we'd cover American patent affairs a lot less. Especially pertinent court cases, as opposed to affairs and policies at the U.S. Patent and Trademark Office (USPTO). We still put many news references about US patent cases in our daily links, usually without further remarks (most show 35 U.S.C. €§ 101 being applied to squash bogus US patents; the Federal Circuit cites Alice/SCOTUS).



"Without a doubt software patents are a bad idea; just ask actual software professionals. Ask them!"We don't wish to dwell on or spend too much time covering the latest nonsense from Senators Tillis and Coons. We thought they had disappeared already (as they typically do when this subject comes up), but the patent microcosm refuses to let go. It's treating old news as 'new', so let's just do a quick rebuttal.

Without a doubt software patents are a bad idea; just ask actual software professionals. Ask them! Who wants these patents? Typically lawyers. So-called 'patent professionals'. Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) are a good idea because they help squash software patents that ought not exist. Thus, it's hardly surprising (it's very much predictable) that the so-called 'patent professionals' want PTAB obliterated along with 35 U.S.C. €§ 101. Follow the money; it's about litigation dollars.

As someone put it the other day [1, 2]: "You don't like patents. That's a fine position to take. OSS is based entirely on patent law. If you want free software, you are free to continue wanting that. It's a good thing, too. But [...] companies can be sued for any software they produce if the copy and patent rights are not indemnified. Starting about 1980, when US laws changed, the world of open source (not free) software has created donations to ensure that users of patents and copyright could not be sued..."

At the moment, with Alice/35 U.S.C. €§ 101 in place, the risk is greatly reduced. This also means that lawyers are becoming ever more obsolete. We don't need them and we can spent more time coding. We sleep better. We share code.

Lawyers, suffice to say, aren't happy. They think they're entitled to the job of preying on our trade. They want their "share" (legal bills) -- in essence a tax on abstract things.

Here we see Michael Borella of the litigation lobby eager to bring software patents back. Eileen McDermott of Watchtroll says "Draft Text of Proposed New Section 101 Reflects Patent Owner [sic] Input" (Watchtroll wrote a few more posts to that effect before the weekend).

Borella's blog colleague, Kevin E. Noonan, is also having a go at it (with a sponsored copy at JD Supra for extra audience). So this pack of patent maximalists is currently very busy trying to give visibility to bad bills that have failed for years (to bring software patents back to the US).

What these patent extremists call "Bipartisan" (e.g. here, a site advocating patents on life) isn't really that; it just has two politicians from two parties. They're involved in particular interests/sectors, not party tribalism. It's an attack waged by the litigation 'industry' against everyone else. That has nothing to do with political parties.

One can certainly expect Janal Kalis to amplify all the above. Mr. Kalis cites anything he can get his hands on to prop up the ludicrous bills. But don't expect Kalis to cite those whom he doesn't agree with (he even blocked me in Twitter, where I never block anyone). Here we have CCIA's Josh Landau with a rebuttal titled "Senators Tillis and Coons Draft Fundamentally Flawed €§ 101 Legislation" (pretty long). To quote:

Today, staff from Senators Tillis and Coons will sit in a room with a group of stakeholders—primarily patent lawyers and lawyers from the pharmaceutical industry—and discuss their recently released draft for a €§ 101 bill.

That draft bill reflects little of the careful input that has been provided to the Senators over the course of the past five months, including hundreds of pages of data and suggestions explaining the concerns that the proposed legislation creates.

Instead, they’ve produced a bill that would eliminate hundreds of years of case law and replace it with untested, unclear language that will fail to provide crucial protections against vague, abusive patents. At the same time, the draft legislation would create completely new uncertainties about what is and is not patentable—the exact opposite of the predictability that Senator Tillis claims to want to promote.


So the only 'news' is that they decided to "sit in a room with a group of stakeholders," that's all. Benjamin Henrion apparently panicked about it and wrote: "US law proposal to restore software patents, stacked "meetings" with no software developer on board "stakeholder meetings on the Hill (next June 4th, 5th and 11th)..." (citing, via this tweet, an 'article' from Scott McKeown, basically preaching from a law firm). Any substance to it? Let's see. To quote: "U.S. Senators Thom Tillis (R-NC) and Chris Coons (D-DE), Chair and Ranking Member of the Senate Judiciary Subcommittee on Intellectual Property, and Representatvie Doug Collins (R-GA-9), Ranking Member of the House Judiciary Committee, Hank Johnson (D-GA-4), Chairman of the House Judiciary Subommittee on Intellectual Property and the Courts, and Steve Stivers (R-OH-15) released a bipartisan, bicameral draft bill that would reform Section 101 of the Patent Act."

"The patent microcosm can go on and on speaking about their new 'cult leader' Coons and misuse words like "bipartisan"; but what they're proposing is extremely unpopular and will likely vanish later this summer, just like it did last year and the year before that."This is, again (as before), just a handful of people. To pass a bill they'd need hundreds of politicians. Prof. Dennis Crouch wrote: "The proposal also suggests further language be added to construe the statute “in favor of eligibility” and to expressly eliminate the non-statutory exceptions to eligibility."

But why would anybody support this? How is this different from what Coons attempted in 2017 and then again in 2018 (in vain)? That's just a broken old record, trying again what has repeatedly failed. The only 'news' here is that a bunch of people gathered in a room and spoke the usual nonsense about "Patent Owners" [sic] (they're not really owners).

Why will this bill not progress? Because there's a lot of opposition to it. The law firms have lobbyists, sure, but so do technology firms and most are happy with the way things are.

A few days ago Mike Masnick was referring to Nielsen's software patents by the correct term, "Patent Monopolies". He sought to demonstrate what we're dealing with here and said:

And it's still using patent claims to stifle competition. Back in 2016, Nielsen bought Gracenote for $560 million just three years after it had been sold for $170 million. Just what could have represented so much value for Nielsen? Well, just a couple months before Nielsen bought Gracenote, Gracenote had sued a company called Sorenson Media for patent infringement. Sorenson Media had an "automatic content recognition" ACR platform for measuring viewers of TV broadcasting -- exactly the market Nielsen wishes to maintain its monopoly over.

How did that turn out? Well, Sorenson declared bankruptcy last fall (in large part due to an incredibly stupid contract it had signed), but I'm sure the cost of a patent lawsuit didn't help. Oh, and in February, Nielsen bought up Sorenson's assets at firesale prices.

And that's not all. Last year another small competitor, ErinMedia, sued Nielsen, claiming antitrust violations and that Nielsen was using "predatory practices designed to prevent competitive entry by companies like ErinMedia." A few weeks later, the company announced that it was effectively shutting down, noting that Nielsen had "chilled" its ability to close an investment round.

Oh, and remember Arbitron? The company that was at issue back in the 1960s? Nielsen bought them a few years back, leading the FTC to put some conditions on the deal in hopes that it would not "substantially lessen competition." So far that doesn't seem to be working.

And that brings us to the latest Nielsen use of patents against an upstart competitor. Last fall, Nielsen sued upstart competitor Samba TV, claiming patent infringement. The patents at issue -- 9,066,114, 9,479,831 and 9,407,962 -- all are incredibly vague and generic, and appear to be the kind of patents that aren't supposed to be allowed in a post-Alice world.


A decade ago we wrote about Nielsen in relation to Microsoft. In more recent years Nielsen made headlines in relation to its aggressive patent strategy, which it resorted to amid its demise. The likes of Nielsen probably give a lot of business to law firms, but they aren't innovating. People generally understand that now and hence there's growing hostility to what's colloquially known as "patent trolls" -- an epidemic in the US. The patent microcosm can go on and on speaking about their new 'cult leader' Coons and misuse words like "bipartisan"; but what they're proposing is extremely unpopular and will likely vanish later this summer, just like it did last year and the year before that. We wrote many articles on this topic in past years. ⬆

Recent Techrights' Posts

Linux is Not Controlled by Linus (Torvalds)
Torvalds has become "90% marketing hype"
 
Gemini Links 24/10/2026: Arch Linux Journey and Amin Bandali's Priorities
Links for the day
Bluewashing as a Form of Silent Layoffs
IBM will continue to shed off loads of workers while its debt climbs
Turning 20 in 2 Weeks and Upcoming Network Maintenance
That ought not interrupt our anniversary
Microsoft Shutdowns Accelerating, More Shutdowns Revealed (Not Connected to Gaming)
Silent layoffs disguised as "voluntary" "exits"
Links 24/10/2026: Microsoft Blackmail and Lingering Unrest in France:
Links for the day
Gemini Links 24/10/2026: From Bendigo to Kerang, Enshittification of Radio and Music in the UK
Links for the day
Red Hat Sinks With the Blue (IBM) Ship
As IBM's debt continues to soar so do the silent layoffs
The "No Pain No Gain" Expectations in Publishing
Sometimes truth hurts; but that does not mean it mustn't be told
Intercontinental Brigading - Part XIII - Censorship by All Means Available in a Continent So Far Away, as 'Secure' (Restricted, Restriction by Microsoft) Boot Has a Crisis of Legitimacy
it's about America controlling sites and computers everywhere
Links 24/10/2026: Oligarchs Already Buy US Elections, GAFAM Front Group "EFF" Speaks of "Vulnerability Apocalypse"
Links for the day
Gemini Links 24/10/2026: Automobile Differential Tire Movement, Samsung Washer Woe, and Slop Scraping
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 23, 2026
IRC logs for Friday, October 23, 2026
As Usual, Late on a Friday XBox (Microsoft) Releases Evidence of Its Demise
We covered several such Friday announcements earlier this year
Gemini Links 24/10/2026: Break/Fix and OpenStreetMap
Links for the day
Links 23/10/2026: Slop "is Scaling Transnational Repression" and Infringement and DMCA Suits Against Suno/Anthropic (Plagiarism Blenders)
Links for the day
More Shutdowns at Microsoft, Hundreds of Workers Impacted Shortly
It's not the entire wave, just part of it
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026
Gemini Links 22/10/2026: Solar MiniBBS, Building Major Tom, and Zig
Links for the day
Links 22/10/2026: Busan’s Celebrity Shark in Canal Again
Links for the day
Links 22/10/2026: "Software Developers Have Been Promoted Into Incompetence"
Links for the day
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026