Bonum Certa Men Certa

The Supreme Court Gets Another Chance to Kill Software Patents in the United States

John Paul Stevens, SCOTUS photo - portrait



Summary: North American patents on software are at stake again, but Microsoft is unlikely to let them burst into flames

JOHN PAUL STEVENS (ABOVE) RETIRED after ruling along with his colleagues in the Bilski case. An opportunity to kill software patents was essentially lost (depending on whose interpretation of the case is embraced.)



The law in the United States matters a lot at least as a precedence, for reasons that Wikileaks helps show this month (more on that later). We'll cover software patents in Europe in a subsequent post because there is a lot of ugly stuff going on there, notably cronyism and lobbying from Microsoft. This post too is going to focus on Microsoft because VirnetX, which Microsoft paid a lot of money [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15], "Receives European Security Patent" based on this new press release. This must be a software patent and VirnetX is a known patent troll/parasite/agitator. Europe needs to get rid of such an abomination, which first thrives in the United States and then tries to wrap its tentacles around companies overseas.

The patentability of software patents is pushed into the Supreme Court again, as some expected (we wrote about it several times this year). Joe Mullin, one of the better writers in this area, says that "Microsoft’s Supreme Court Case May Have Huge Benefits For Patent Defendants" and it's important to remember the context.

The high court announced today that it will hear a patent challenge by Microsoft, which is seeking to overturn a big loss to i4i, a small Canadian company. After a jury trial in East Texas, i4i won $200 million and an injunction that required Microsoft to disable the XML editing function in its ubiquitous Microsoft Word program.


"Supreme Court Will Review The Standard For Patent Infringement: Could Raise The Bar," argues Mike Masnick and here is the corresponding Slashdot discussion which could cite just about any among many articles like [1, 2, 3, 4, 5, 6]. Associated Press clarifies that SCOTUS is about "to review patent judgment against Microsoft", so it's not as though Microsoft is trying to fix the patent system. It's just acting selfishly, so support from the EFF [via] is no indication of Microsoft being "good" or anything like that. Those who are familiar with the i4i case would know about trial misconduct from Microsoft and deliberate infringement which followed a form of spying from within i4i. Microsoft's behaviour towards i4i has been despicable and the only reason it's pursued this far is that Microsoft Word is at risk of being banned in north America. Microsoft cannot afford a ban on its #1 cash cow. Here is how Bloomberg puts it:

The U.S. Supreme Court will consider making some patents more vulnerable to legal challenge, agreeing to hear Microsoft Corp.’s appeal in a case that forced changes in the company’s Word software and may cost it $300 million.


Under the assumption that SCOTUS can invalidate all/many software patents here, Glyn Moody says he is "Rooting for Microsoft". To quote him: "Although I'd prefer the entire system to be swept away at a stroke, I think that is somewhat unlikely, so I may have to settle for progressive improvements. And given the general inability of politicians to free themselves from the well-paid lobbyists in this area, the most promising avenue for change is probably that the companies most affected by software patents should do something about it through the courts."

Katherine Noyes from IDG is the lady who covered it for PCWorld. How will Elena Kagan (below) rule/vote on the subject? Nobody knows for sure yet. Perhaps women will show that they can assess the economic impact of patents better than men can. Ginsburg had not been as involved as her male colleagues the last time around and then she retired (her husband died around the very same time the Bilski decision arrived). Laws are not absolute; they are theoretically made by people (or corporations in most cases) to fit society's needs, so taking modernisation into consideration, laws must evolve over time. Will the United States come into alignment with the rest of the world by eliminating software patents or can it still afford to use diplomatic blackmail to assimilate others (more on that later)?

Elena Kagan

Recent Techrights' Posts

Slappification: Using More SLAPP to Cover Up SLAPP and Chaining SLAPPs (From Microsoft) in a Failed Bid to Censor Techrights
How low can a person with a law degree stoop?
Hidden from coroners and the public: tech industry cultural contagion
Reprinted with permission from Daniel Pocock
Richard Stallman on Patents
uploaded a day ago by Aleksandar Popovic
What Happened to the Open Source Initiative (OSI) Elections: Leaking Information of Members (Even in 2025)
More nonsense about Hey Hi (AI), which OSI has been openwashing on Microsoft's payroll
 
Gemini Links 21/03/2025: "Happy Spring" and Leaving "The Enterprise"
Links for the day
Many Articles About Layoffs Are Still Fake, Still LLM Slop, Even About IBM Layoffs
No wonder tech and tech journalism are getting so much worse
Speak More About the GNU Manifesto (40 Years Old This Month), It Helps Remind People That GNU/Linux Was Started by Richard Stallman and the Ultimate Goal is Freedom
We generally encourage people to speak about Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 20, 2025
IRC logs for Thursday, March 20, 2025
Recommended New Article From Dr. Andy Farnell and Some Site Miscellany
Andy says he and his daughter successfully avoid GAFAM
Links 20/03/2025: Executions in China and Crackdowns on Science in the US
Links for the day
Gemini Links 20/03/2025: Ubuntu Shafting Common Sense and Blocking of Bots of the Net
Links for the day
Links 20/03/2025: IBM Layoffs (Thousands Reportedly Laid Off) and Lots More Corruption in the White House
Links for the day
Techrights Will Never Capitulate to Threats From Microsofters
Set aside violence against women and all sorts of other things; it's not about personal issues
The Microsoft-Led Open Source Initiative (OSI) is Hurting, It'll Try to Hurt Its Critics and Exposers Now
The OSI's chief meanwhile issues a bunch of meaningless waffle, a sort of "damage control" or "face-saving" platitudes
Apple is Still an Enemy of Open Standards and Software Freedom
Apple did not get any more benign
Gemini Links 20/03/2025: Wanting the Future Back and "Society That Lost Focus"
Links for the day
Fake Articles About GNOME
betanews again
Richard Stallman's Personal Site Says He's Looking for More Opportunities to Speak in Europe
He does not charge people for the talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 19, 2025
IRC logs for Wednesday, March 19, 2025
Debian Pregnancy Cluster, when I stopped using IRC
Reprinted with permission from Daniel Pocock
Mass Layoffs at IBM Confirmed
Thousands believed to have been laid off
Slopwatch: linuxsecurity.com, cybersecuritynews.com, gbhackers.com, and techmonitor.ai (Fake 'Articles' About "Linux")
Almost all of them (75%) show up in Google News
Is Ubuntu Compromised? Push Away From GNU and GPL Led by Army Officers.
Perhaps people should ask Canonical what the thinking behind it was...
Gemini Links 19/03/2025: go-gopherproxy and 'Small Web' as Self-expression
Links for the day
Links 19/03/2025: Attention's Cost and Media Still Besieged by Dictatorships
Links for the day
Phoronix Seems to be Trying to Kill Discussion About "Asahi Lina" and the Anti-Torvalds Brigade
Our informed guess is that by reporting this news Phoronix got caught up in flamewars that divide and fracture the community
Claiming to Love What You Reject or Seek to Totally Own, Control
The Russia analogy is political
LinuxTechLab Became Just LLM Slop and SPAM
Another dead (former "Linux") site
The Rust Song
It's about control
Facts on the Case Already Disclosed by US Authorities
NGOs in the UK (several keep abreast of this, judging every recent move) are truly unimpressed
The Times Group (and The Times of India) Basically Died Again
This time a death by LLM slop/plagiarism
The Death of The Economic Times (India Times): LLM Slop Presented as 'Articles', Containing Errors and Revisionism
They'd be better off shutting down operations with some dignity than resort to bots giving the false impression (illusion) of authorship
In Belgium, Android is Finally Measured as Bigger Than Windows
In Belgium, the lobbying capital of Microsoft, it wasn't easy to get there
"Rust People" Are a Threat to BSD Too (the Licence Isn't the Main Issue, Nor is the Proprietary Microsoft Hosting)
BSDs aren't written in Rust, so BSD developers should buckle up
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 18, 2025
IRC logs for Tuesday, March 18, 2025
Sami Tikkanen Explains Rust Language and Its Goals
"Sompi" (the nickname of Sami Tikkanen) has weighed in
Links 19/03/2025: Gardening Season and the Web Without an Audience
Links for the day