Bonum Certa Men Certa

The Electronic Frontier Foundation (EFF) Covers Software Patents Again

Cory Doctorow
By Dominik Butzmann / re:publica - re:publica faces 2019, CC BY-SA 2.0.



Summary: Cory Doctorow and Joe Mullin (EFF) wrote about software patents this week; this shows that the EFF can still pivot in the right direction if it really wants to

As it turns out, Joe Mullin is fortunately still around (at the EFF, he used to be in the media) and the other day he cautioned "the U.S. Solicitor General Trying To Change The Law To Benefit Patent Trolls". His EFF colleague, Mr. Doctorow, said at almost the same time: "In theory, patents are for novel, useful inventions that aren't obvious "to a skilled practitioner of the art." But as computers ate our society, grifters began to receive patents for "doing something we've done for centuries…with a computer." "With a computer": those three words had the power to cloud patent examiners' minds."



He then changed the subject from software patents to patent trolls (the EFF habitually changes the subject to "bad patents" or "trolls"). To quote: "Patent trolls – who secure "with a computer" patents and then extract ransoms from people doing normal things on threat of a lawsuit – are an underappreciated form of "tech exceptionalism." Normally, "tech exceptionalism" refers to bros who wave away things like privacy invasions by arguing that "with a computer" makes it all different."

Quoting Mr. Mullin, regarding the U.S. Patent and Trademark Office (USPTO) and 35 U.S.C. €§ 101: "Government officials should be working to reduce, not increase, the burden that low-quality patent lawsuits impose on innovators. So we’re concerned and dismayed by recent briefs filed by the U.S. Solicitor General, asking the Supreme Court to reexamine and throw out the best legal defenses regular people have against “patent trolls”—companies that don’t make products or provide services, but simply use patents to sue and threaten others.

"To truly stop patent trolls, we’ll need wholesale reform, including legislative change. But the current framework of rules governing Section 101 of the U.S. patent laws, including the Supreme Court’s 2014 CLS Bank v. Alice decision, were important victories for common-sense patent reform.

"The Alice decision made clear that you can’t simply add generic computer language to basic ideas and get a patent. The ruling has been consistently applied to get the worst-of-the-worst software patents kicked out of the system. For the most part, it allows courts to state, clearly and correctly, that these patents are a form of abstract idea, and should be thrown out at an early stage of litigation. A win under the Alice rules spares the targets of patent trolls not just from an unjust trial, but from an invasive and expensive discovery process, fueled by a patent that never should have been issued in the first place."

It's encouraging to see that the EFF still covers this issue, however seldom, and we hope it'll do so as frequently as it used to do.

Recent Techrights' Posts

Links 19/04/2024: Running a V Rising Dedicated Server on GNU/Linux and More Post-"AI" Hype Eulogies
Links for the day
[Video] Novell and Microsoft 45 Years Later
what happened in 2006 when Novell's Ron Hovsepian (who had come from IBM) sealed the company's sad fate by taking the advice of Microsoft moles
EPO “Technical” Meetings Are Not Technical Anymore, It's Just Corrupt Officials Destroying the Patent Office, Piecewise (While Breaking the Law to Increase Profits)
Another pillar of the EPO is being knocked down
Sven Luther, Lucy Wayland & Debian's toxic culture
Reprinted with permission from disguised.work
[Video] Microsoft Got Its Systems Cracked (Breached) Again, This Time by Russia, and It Uses Its Moles in the Press and So-called 'Linux' Foundation to Change the Subject
If they control the narrative (or buy the narrative), they can do anything
 
The Latest Wave of Microsoft Crime, Bribes, and Fraud
Microsoft is still an evil, highly corrupt company
Gemini Links 19/04/2024: Kolibri OS and OpenBSD
Links for the day
[Meme] EPO “Technical” Meetings
an institution full of despots who commit or enable illegalities
Red Hat Communicates the World Via Microsoft Proprietary Spyware
Red Hat believes in choice: Microsoft... or Microsoft.
Chris Rutter, ARM Ltd IPO, Winchester College & Debian
Reprinted with permission from disguised.work
Links 19/04/2024: Israel Fires Back at Iran and Many Layoffs in the US
Links for the day
Russell Coker & Debian: September 11 Islamist sympathy
Reprinted with permission from disguised.work
Sven Luther, Thomas Bushnell & Debian's September 11 discussion
Reprinted with permission from disguised.work
G.A.I./Hey Hi (AI) Bubble Bursting With More Mass Layoffs
it's happening already
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 18, 2024
IRC logs for Thursday, April 18, 2024
Coroner's Report: Lucy Wayland & Debian Abuse Culture
Reprinted with permission from disguised.work
Links 18/04/2024: Misuse of COVID Stimulus Money, Governments Buying Your Data
Links for the day
Gemini Links 18/04/2024: GemText Pain and Web 1.0
Links for the day
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day