Bonum Certa Men Certa

Today We Have Bilski

David Kappos



Summary: SCOTUS is due to release its final judgment and more signs suggest that Justice Stevens is heavily involved (he is hostile towards software patents)

CHANGE is needed. The USPTO is out of control. To give a new example, here is the latest one from Slashdot:

USPTO Grants Bezos Patent On '60s-Era Chargebacks



theodp writes "Chargebacks on computing resources are certainly nothing new, dating to the '60s. But five decades later, the USPTO has deemed Amazon CEO Jeff Bezos' invention — Dynamic Pricing of Web Services Utilization — worthy of a new patent. From the patent: 'Utilization of a storage resource may be measured in terms of a quantity of data stored (e.g., bytes, megabytes (MB), gigabytes (GB), etc.) per unit of time (e.g., second, day, month, etc.). Similarly, communication bandwidth utilization may be measured in terms of a quantity of data transmitted per unit of time (e.g., megabits per second). Processing resource utilization may be measured as an aggregate number of units of processing effort (e.g., central processing unit (CPU) cycles, transactions, etc.) utilized, or as a rate of processing effort utilization per unit of time (e.g., CPU cycles or transactions per second).' Sound familiar, Greyglers? Another example of why it's not wise to grant software patents when people don't know much about computer history."


It's time to cut back and annul software patents. Can Justice Stevens deliver? Based on SCOTUS blog:

This is just a reminder that Justice Stevens’ last day on the Court, after decades of service, will be Monday. Members of the bar who are in Washington should consider attending. I will be giving out free bow ties.


As Pogson correctly points out:

Tom Goldstein on SCOTUSBlog has written his best estimate of who will write the decision on Bilski:

* Justice Stevens will write it * the scope of patents will be narrowed, probably restricting software patents * the court will be unanimous but possibly split on the scope of the ruling…

He bases this on the history and involvement of Stevens on law of patents. He has a history of narrowing patent rights.


More from SCOTUS blog about Justice Stevens:

At oral argument in Bilski, Justice Stevens was very engaged. He asked counsel for the patentee the following telling question: “But is it correct that there’s none – none of our cases has ever approved a rule such as you advocate?” Justice Stevens also was seemingly doubtful that the involvement of a machine could render a process patentable, and furthermore that software could be patentable, which suggests a very narrow interpretation of business method patents and that the ruling could spell significant trouble for software patents.


Yes, software patents too are at risk. The decision will be out within hours and we'll be covering it.

Recent Techrights' Posts

The L Word (Not Linux)
Championing Software Freedom is "dangerous"
It's Easy to Snyk in Marketing SPAM (and FUD) Into BetaNews
The latest marketing piece (disguised as information, not shameless self-promotion)
GNU/Linux at 4% in Algeria
So it more than doubled since last year
[Meme] The Failure of Microsoft Rebranding Campaigns
market share down, costs soared, back to basics
Why Your Web Site Should Also Support HTTP (Without 'Secure')
sites which force everybody to use HTTPS have an inherent accessibility problem
Microsoft Windows is Technically at 0% in Some Countries
It's not an important platform to target anymore
Windows Measured at 5.7% 'Market Share' in Philippines, GNU/Linux Rose to 5%
It was 3.62% last month
statCounter: GNU/Linux Up to 4.6%, Windows Down Sharply This Month (Almost 22% Worldwide)
Let's see it the figures stay stable throughout the month
Figures of Note: Tesla's Debt Has More Than Doubled in Two Years and It's a Symptom of a Fake Economic Order
Cash infusions by taxpayers can create "billionaires" who aren't "job creators" (see what happened to Twitter) and bring no benefits to these taxpayers, only poverty
Linux Foundation Let Linux.com Rot for Two Months and Now It Posts Ridiculous Spam
Mindless shopping site
 
ChromeOS Isn't Freedom, But It's Killing Microsoft's Ability to Profit From Windows
ChromeOS has shot up to 22% in Sweden
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 02, 2024
IRC logs for Monday, December 02, 2024
Did IBM Layoffs Stop? Ask Dr. Krishna, The 'Genius' of IBM...
Trust AK to solve all the problems of IBM by creating bigger problems
[Meme] Sportwashing vs Code of Censorship (CoC)
Expectation of censorship (censor for me... or else!)
With 4 Weeks to Go (Before the End of 2024) the FSF Has Already Raised Close to 100,000 Dollars
The FSF must be doing something right
"Linux on the Desktop" (Less Than a Third of Web-connected Computers Still a Desktop or Laptop)
It's like we're chasing a goal that's 2 or 3 decades in the past
2 Years Have Passed Since ChatGPT Vapourware and Bing Gained Nothing, Yandex is About to Overtake Microsoft in Search
A cause for concern at Microsoft?
GNU/Linux Rises to 4% in Ireland, ChromeOS Grows and Android Takes Windows' Lunch
Windows down to 22%
[Meme] Meanwhile at Intel (Where the CEO Got the Boot)
Well, if taxpayers pay to save Intel, then Intel should be publicly owned (by those taxpayers)
A Cult of Fake Security
It's almost as if there's a coordinated effort to weed out and drive away people who are passionate about security for the users, as opposed to the financial security of companies like Google and Microsoft
Gemini Links 02/12/2024: Long Hair and Spirituality, Technology and Nature
Links for the day
Windows Not Even a 'Thing' Anymore... in North America (Where It Originally Came From)?
StatCounter shows Windows isn't even listed as a leading platform in any country in North America
Links 02/12/2024: Obesity Crisis to Worsen, Syrian Coups Rebound
Links for the day
Months After Mass Layoffs at Microsoft Nigeria Windows "Market Share" Collapses (Now Measured at 5%)
Of course the winner is Android (new all-time high of 77.3%)
South America Has Made It (Android Majority Everywhere) and in North America New Records for GNU/Linux Usage
Windows monopoly rents cannot be salvaged
Windows Down to Only One in Six Internet- or Web-Connected Devices in Asia
it's not looking good for Microsoft
Microsoft Windows Market Share in the United Kingdom Has Fallen to About 20%
Microsoft knows the true numbers, but it would rather not tell
Links 02/12/2024: Journalists Arrested, Tesla Factories Destroying the Planet and Public Health
Links for the day
Gemini Links 02/12/2024: Adventures With Bevy, Google Very Evil, Jumping Into Gemini
Links for the day
BetaNews is Still a Shrine of Microsoft, and Casually Also an LLM Slop Factory
Fake articles, anti-Linux FUD, and Microsoft propaganda make a sound "business model"?
[Meme] Cyber Monday is Not a Thing; There's No Such Thing (It's a Corporate SPAM Campaign Plaguing the Web)
Enough with these fake 'holidays' that billionaires (business oligarchs) keep inventing to make more money at other people's expense (debt)
Software Freedom Conservancy (SFC) and Linux Foundation: Same Mentality of Revisionism and Plunder
Lie about history and then 'cash in'
[Meme] Software Freedom Conservancy (SFC) Begs You for Donations
How does one even spend 20,000 dollars per month???
Why Software Freedom Conservancy Does Not Deserve Money (Karen Sandler is Already a Millionaire and Her Organisation Attacks Free Software Leaders)
These people speak for "Big Money" interests, not for freedom
On the internet [sic] (Lowercase), They Spread Misinformation About the Internet
Hugh Grant remembers what happened before he was born
Richard Stallman Was Getting Honorary Doctorates Almost Every Year Until 'Cancel Culture' Stepped in, Distracting From Jeffrey Epstein's Ties to Bill Gates
This finally ended... earlier this year (October)
Self-Deprecating Attacks on RMS
Drew DeVault seems to have deleted all of his social control media accounts
When Bills Are Rising, Whereas the Demand Isn't (OpenAI is Insolvent)
Latest month on record shows traffic fell about 3 times lower than earlier this year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 01, 2024
IRC logs for Sunday, December 01, 2024
Links 02/12/2024: Climate, Sportwashing, and Software Patents
Links for the day
Gemini Links 02/12/2024: Words and Apologies, Being Rude, and Geminauts 0.1.0 Release
Links for the day
today's howtos
some older leftovers
The Microsoft OSI: All the Latest Blog Posts Are Written by Microsoft Operative Salaried by Microsoft
OSI is truly occupied. Microsoft more or less 'bought' the OSI...
Links 01/12/2024: Russian Police Raiding Gay Bars, Zelensky Wants NATO Membership
Links for the day
Gemini Links 01/12/2024: Recycling and Interest in Computers
Links for the day
Links 01/12/2024: 23andMe's DNA Bubble Imploded, Web Server Survey Shows Microsoft Nosediving
Links for the day
Vulture funds war-gaming Ireland loss of corporation tax revenue, Donald Trump
Reprinted with permission from Daniel Pocock
Gerry Hutch & Debian: suicide by Monk?
Reprinted with permission from Daniel Pocock
Gerry 'The Monk' Hutch: criminals vs geeks, multinationals vs Ireland
Reprinted with permission from Daniel Pocock
"Microsoft suffered the next largest loss, down by 634,406 sites (-3.24%)"
Microsoft is now in only 2 of the 5 tables; over time Microsoft slips out of visibility in more categories
The Post Offices Have Turned Into Trash. They Swallow Packages and Only Spit Them Out If You Get Lucky.
Nom nom nom
Four Years of Videos (Self-Hosted, Not Social Control Multimedia)
Seeing how the "hey hi" (AI) hype spreads to GulagTube and ruins GulagTube, we're glad we need not worry about Google (Gulag) policing our "content" via supposedly 'free' (not really) platforms, such as GulagTube, the social control (multi)media "market leader"
[Meme] Hiding From Bullies Not the Solution
‘The only thing necessary for the triumph [of evil] is for good men to do nothing.’
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 30, 2024
IRC logs for Saturday, November 30, 2024
If You Support Free - is in Freedom/Libre - Software, Then Support the Free Software Foundation (FSF)
2024 was the most productive year so far
CNN's Front Page is About 250 Times Heavier Than Techrights' (Also Far Slower)
Those who value performance and users' experience will give bloat the boot
[Meme] What 'Social Justice Warrior' Has Come to Mean by 2024
People who have long called themselves "SJW" aren't exactly any of those things
We Already Know What Makes Techrights So Attractive to Online Abuse and Cybercrimes
Techrights helps explain how to dismantle the 'cancel culture' against Free software (it also names the key perpetrators)
Microsoft Controlling Apache by Proxy/ies
This is a broader attack on what "Open Source" actually means