Bonum Certa Men Certa

Bilski Interpretation From Patent Lawyers

"The Justice Department also renewed its request that the court fine Microsoft $1 million a day for contempt and, in an unusual move, asked the judge to give the government new authority to review any new operating systems or browsers made by Microsoft at least thirty days before release."

--Barbarians Led by Bill Gates, a book composed
by the daughter of Microsoft's PR mogul



Summary: How today's patent lawyers have further subverted patent law and turned it into a monopoly enabler which does nothing but inhibit science

Eben Moglen is a unique lawyer in the sense that he views copyright and patent laws with a different contextual knowledge in mind. Moglen studied legal history when he was earning his doctoral degree and in this new interview with The Prior Art Professor Moglen explains how the Bilski decision relates to the history of patents. "The job of patent law was an eighteenth-century job—encouraging people to immigrate to the U.S., bringing skills with them," he explains. Here is the whole answer:



Q: What's your opinion of the Bilski decision?

The decision is one of those that clearly shows why it has come down on the last day of the term after being argued early. When you see a case like that come down, one of the things that occurs to you is that a majority has fallen apart. The justices agreed about less than they thought.

Everybody has to adjust to the fact that a question we believed was going to be decided didn't get decided after all.

In the case of Bilski, the question was: "How does patent law work in the twenty-first century?"

The job of patent law was an eighteenth-century job—encouraging people to immigrate to the U.S., bringing skills with them. This was a big continent which the white people here thought of as "empty." Patent law—the way the Continental Congress wanted to make it, the way the Constitutional Convention saw it—was a way of rewarding inventors.

In the nineteenth century, that eighteenth-century system worked well. America filled up with people who used technology to tame the natural environment.

Right now, we have a patent system that's extensively used only by two industries: information technology and pharmaceuticals. Anybody else, the patent system doesn't help them that much. Most of the world's manufacturers now use trade secret law. [And] the two industries that use patent law heavily use it for reasons irrelevant to its formation.

In the information technology [IT] industry we live in now, where software [is often] made by people who want to share rather than own, patent law imposes very significant problems for innovators. That patent law doesn't maximize innovation in software has been the observation of engineers and lawyers who work in the part of the world I work in, sometimes called the free and open source software community. But what it really is is part of science. Knowledge about the world is collected and organized for other people to learn from. Unlike almost all other forms of science, because writing it down in computer terms can also be writing down a program a computer could execute, basic scientific communications are made the subject of ownership by current patent law, unintentionally.



Unlike Moglen, many lawyers make a living out of agitating (suing) companies for so-called 'inventions' which these lawyers never had anything to do with. Some lawyers help create ammunition with which to agitate other companies. In that regard, these lawyers' contribution to society is largely negative (we do not make sweeping statements about lawyers, just particular types of lawyers).

“Funny how those who promote software patents are rarely computer scientists, just monopolies and parasites.”One example of a vocal patents parasite is Gene Quinn with his Patent Watchtroll blog, which continues to lobby in favour of software patents, this time by giving a platform to yet another patent lawyer. Separately, in a legal site which entered Google News there is another patent lawyer doing this type of lobbying just yesterday (but for business method patents). By stating that the Bilski case endorses software and business method patents (which is does not, at least not directly) they hope to encourage more people to come to lawyers like themselves and pay extraordinary amounts of money to create an unjust monopoly. Funny how those who promote software patents are rarely computer scientists, just monopolies and parasites. Sometimes they (Microsoft for example) hire AstroTurfers to pretend to be small businesses in favour of software patents.

Recent Techrights' Posts

In the Pacific (Mostly Islands Around Oceania) GNU/Linux Grew a Lot
Microsoft cannot compete fairly
The Sheer Absurdity of the EPO's Career System Explained by EPO Staff
"Staff representation has previously pointed this out to management, and the career system has been the reason for several industrial actions and litigation cases initiated by SUEPO."
Forget About India's and Pakistan's Nuclear Weapons and Armament Race, They Need to Abscond Windows and Microsoft (Security Swiss Cheese)
Both countries would be wise to remove Windows as soon as possible, irrespective of the local party politics
statCounter: GNU/Linux Rose From 0.2% to Over 3% in Pakistan
GNU/Linux "proper" (i.e. not ChromeOS) has the lion's share
 
Links 26/05/2024: Google 'Search' Morphing Into Disinformation Factory, Discussion of Maze of the Prison Industrial Complex
Links for the day
A Toast to Tux Machines
Food ready for the party, no photos yet...
IBM/Red Hat Failing to Meet Its WARN Obligations in NC (STATE OF NORTH CAROLINA), or Perhaps It's Constantly Delaying the Layoffs
IBM isn't named even once
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 25, 2024
IRC logs for Saturday, May 25, 2024
GNU/Linux in Greenland
The sharp increases for GNU/Linux started last summer
[Meme] Productivity Champ Nellie Simon: It Takes Me 3+ Weeks to Write 6 Paragraphs
Congrats to Nellie Simon!
It Took EPO Management 3+ Weeks to Respond to a Letter About an Urgent Problem (Defunding of EPO Staff)
The funny thing about it is that Nellie Simon expects examiners to work day and night (which is illegal) while she herself takes 3+ weeks to write a 1-page letter
Staff Union of the EPO (SUEPO) in The Hague Taking Action to Rectify Cuts to Families of Workers
they "are active in challenging this measure via the legal system"
Links 25/05/2024: Microsoft Adds More DRM (Screenshot Blocking), Another Microsoft Outage Takes Down Everything
Links for the day
Gemini Links 25/05/2024: "Bill Smugs" and OpenBSD Mirror Over Tor / I2P
Links for the day
Microsoft #1 in Gaming Layoffs, Laid Off Workers Receive Another Insult From Microsoft
Many of them never chose to work for Microsoft
In New Caledonia Windows is Now Below 30% (It Used to be Over 90%)
Microsoft's Windows absolutely collapsing and the measures are relatively stable
Red tape: farmer concerns eerily similar to Debian suicide cluster deaths
Reprinted with permission from Daniel Pocock
Galway street artists support social media concerns
Reprinted with permission from Daniel Pocock
Links 25/05/2024: Section 230 and Right of Publicity Violations by Microsoft (Which Attacks Performance Artists)
Links for the day
[Meme] No Microsoft
For fun!
Microsoft Windows Falls to New Lows in Poland
It may mean people delete Windows from relatively new PC
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: An Introduction
The campaign of coercion (or worse) started in 2021
The "D" in Debian Stands for Dictatorship That Extends to Censorship at DNS Level
Of course the registrar, which charged for domains until 2025, just went along with it
Cybersecurity and Infrastructure Security Agency (CISA) Getting Stacked by Microsoft
it lets Microsoft write policies
The Parasitic Nature of Microsoft Contracts
Stop feeding the beast
Gemini Links 25/05/2024: Emacs Windows 2000 Screenshots and Little Languages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 24, 2024
IRC logs for Friday, May 24, 2024
Ireland Exits Microsoft's Vista 11
Microsoft can't be doing too well in Ireland because Microsoft had tons of layoffs in that country last year
A Recognition for Hard Work
Running this site is a lot of work
The Web We Lost...
Vintage War Censorship Poster...
Daniel Pocock (IND) in European Election Debate
In this segment he speaks of the effects of social control media and phones on children
[Meme] Next Target: Sub Domains
Deb.Ian.Community
In Republic of (South) Korea, as of This Month, Android Climbs to Record High of 48%
Judging by statCounter anyway
"Linux" is Second-Class Citizen at IBM
sends the wrong message to Red Hat staff and Red Hat clients
Links 24/05/2024: More Software Patents Invalidated (US), New Fights to Protect Free Speech
Links for the day
"You Touched the Wrong Lady"
What Rianne wrote more than 8 months ago
Links 24/05/2024: Layoffs at LinkedIn and Election Interference Via Social Control Media
Links for the day
Getting a 'Thank You' From Software Freedom Conservancy (SFC) Will Cost You $5,000 to $30,000 (Same as Last Year)
Right now one of their associates (SFC) tries to spend money to censor us
KDE Neon Weirdness
Reprinted with permission from Ryan Farmer
Congratulations to Sirius Open Source, Still Claiming to Employ People Who Left Half a Decade Ago (or More!)
What signal does that send to con men?
[Meme] Bluewashing
Cent OS? No more.
IRC Proceedings: Thursday, May 23, 2024
IRC logs for Thursday, May 23, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Tenfold Increase for ChromeOS+GNU/Linux in Brunei
Brunei Darussalam is a country most people don't know about and never even heard about
Coming Soon: Another Round of 'Cancel Stallman' Chorus
The series required a great deal of patience