Bonum Certa Men Certa

Patents Roundup: Microsoft Front the BSA Promotes Software Patents, Kappos Helps the Rotten System

Bulb



Summary: A lot of evidence which shows who USPTO really serves and at whose expense

THE head of the cartel's office, the USPTO, has been defending a practice which decades ago the SCOTUS deemed unacceptable. He got flak for rather insensitive remarks:



Patents on software are “every bit as well deserved” as patents on air flight, the electric bulb, and innovations that enabled the industrial revolution, Patent and Trademark Office Director David J. Kappos said in a Nov. 20 speech in Washington, D.C.

Aiming his remarks specifically at “those reporting and commenting on the smartphone system patent wars as if to suggest that the [patent] system is broken,” Kappos said, “let's move beyond the flippant rhetoric and instead engage in thoughtful discussion.”


That is what we were all trying to have, but Wired is stacked by law professors rather than software professionals and this is no exception. The voice of practising professional is being taken away. In nanotechnology, we recently saw more professionals speaking out:

Software patents have long been contentious things, but patents in other areas of science are also becoming frequent subjects of editorials and court cases, with biotech and genomics making it to the US Supreme Court. Now, if an editorial in Nature is to be believed, nanotechnology is set to become the latest patent battleground.

Joshua Pearce is a professor at Michigan Technological University, and he very explicitly argues for taking an open-source and open-access approach to nanotechnology research. But he also goes well beyond that, calling for a patent moratorium and a gutting of the law that governs tech transfers from government-funded university research. At stake, he argues, is the growth of a field that could be generating trillions of dollars of economic activity within a few years.


So who is it that supports Kappos' position? Lobbyists for large software companies, i.e. lawyers' groups like the Business Software Alliance (BSA), as seen here, and patent lawyers. This is good for the cartel of patent stackers and bad for everyone else. Intel, which is part of this cartel and is a proponent of software patents, has just bought some more patents:

It's been announced this morning that Intel is acquiring ZiiLabs, the subsidiary of Creative Labs that previously was 3DLabs. Intel is gaining "certain engineering resources and assets" plus licensing rights to certain ZiiLabs patents and other technologies surrounding the GPU.


Intel has been having problems recently (Android plays a role) and its head, who stood behind the company's criminal behaviour, is said to have been sacked for it (not effective immediately). Maybe Intel is planning to tax some more those who do manage to actually sell a lot of chips. That's where patents come in.

The USPTO is becoming a joke in more people's eyes. Here is a look at patents on turkey (animal):

Here in Canada, we gave our proverbial thanks over a month ago, and since all the Americans at Techdirt have taken off for the weekend, I thought I'd take a moment to put together some advice on preparing a great Thanksgiving turkey—with a little help from the USPTO.

If you're tired of the traditional roast, maybe it's time to try a more creative preparation—just be careful you don't run afoul of any patents. Here's an idea: with some skilled knife-work, you can slice a turkey into pieces that resemble various cuts of steak—and that method will only be under patent for another five years!


Here is a corresponding response to Kappos. Now he is part of the problem, so his inane propaganda is being addressed:

Note the giant and very questionable assumptions in the middle of that one: that it's "innovators" seeking to "protect" "breakthroughs." I'd argue that none of the three things in quotes is accurate. Quite frequently it's lawyers who haven't actually innovated at all looking to shakedown actual innovators for broadly worded patents that never should have been granted, and which are being interpreted to cover things they don't really have anything to do with. That's not innovation. It's extortion... backed up by the US government. It's a travesty.

Even worse, Kappos is still relying on the absolutely ridiculous "study" that the USPTO put out earlier this year, despite the fact that its methodology has been widely debunked for including grocery store baggers as "IP innovators." Sorry. And, if you look at what their actual report shows, it suggests that patent-intensive businesses aren't doing so well. Somehow he ignores that. Of course, perhaps that's why his office rejected a promised interview with me earlier this year, and could only defend the patent claims by arguing the most bizarre correlation argument in the world, that because Steve Jobs was innovative and had patents, therefore, patents worked.


Some lawyers' Web sites obviously support Kappos. We know whose side he is on. More people need to speak about this bias in the whole system. It was subjected to a coup and the infiltrators won. As one pro-software patents site put it, Kappos revealed himself as part of this camp.

Last week, Director of the USPTO David Kappos delivered a keynote address to the Center for American Progress that focused on software patents and the smartphone "patent wars." The speech is noteworthy for the Director's strong defense of software patents.


Watch what Stallman had to cope with the other day:

The conference was a one-day conference, which started at 8:50 am and ended at 5:20 pm with a a reception afterwards from 5:30 to 6:30. There was a lunch break from 12:15 to 1. The schedule can be found at the conference website. It was adhered to closely.

The morning program consisted of three panels. The first was the Keynote and was titled "What is the Problem?" The second was "Panel #1: Legal Reform, Part 1." Then after a coffee break we had "Panel #2: Agency Reform."

The afternoon panels were called "Keynote #2: Views from the Trenches" and then "Panel #3: Legal Reform, Part 2." After this an afternoon coffee break, then "Panel #4: Self Help" and at the end "Keynote #3."

Some of you who were not in attendance were able to view the sessions live, except for the talk of Richard Stallman who refused to have his talk streamed on the ground that Silverlight used. Since I was actually present, I do not have the live streaming to look at, and thus my presentation of what happened is based upon my notes, which in what follows might be embellished by memory and thus not word-for-word correct.


This event too got stacked by lawyers, the leeches in this whole system. It is time to reclaim the patent system or just bury it. It's for lawyers and plutocrats, not science and technology. Not anymore anyway.

Here is a technical person explaining why we should end software patenting. There is a good image inside this article showing how the cartel works and how it uses lawyers to keep challenges (to quality and also price) out of reach. To quote the introduction: "Patents make sense in some industries. When it costs a billion dollars to develop a new pharmaceutical, a company needs protection during that process to make it worth the risk of trying.

"But software doesn't have that overhead. Too often, software patents just end up making the incumbents complacent and discourage brave, disruptive experiments."

"This video by Marginal Revolution writer and economics professor Alex Tabarrok makes a clear argument against software patents."

Mike Masnick expressed his views on why the USPTO is a lost cause for those of us who pursue reform from within:

While the US Patent Office has officially declared its desire to put its head in the sand concerning the problem of patent trolls, it appears that other parts of the government aren't necessarily going to ignore the problem. The FTC and the DOJ are planning explore the issue with patent trolls at a public workshop next month (they use the currently popular term "patent assertion entities" rather than "patent trolls" but it's clear what they mean). And the indications are that they may be looking to use their power to crackdown on bad behavior, potentially even using antitrust tools...


After the world's largest patent troll got monopolies on three-dimensional printing we observe spurious lawsuits as covered by Masnick's Web site:

We've been pointing out for a while that one of the reasons why advancements in 3D printing have been relatively slow is because of patents holding back the market. However, a bunch of key patents have started expiring, leading to new opportunities. One, in particular, that has received a fair bit of attention was the Formlabs 3D printer, which raised nearly $3 million on Kickstarter earlier this year. It got a ton of well-deserved attention for being one of the first "low end" (sub ~$3,000) 3D printers with very impressive quality levels.


This progress is not stopped by patents. So much for encouraging innovation...

Recent Techrights' Posts

Turns Out LLMs for Code Don't Save Time and Don't Improve Quality
Neither legal nor useful
 
Pissing Contests and Pissing Off Everyone
people who came from Microsoft are trying to vex and divide the community
Microsoft Repeats the Mistakes Made by the EPO After We Exposed a Major Microsoft/EPO Scandal 10 Years Ago
That scandal was all over the media, not just in English
The Demise of LLMs
We've just checked BetaNews again. They've dropped all the slop and went back to human authors.
Gemini Links 13/07/2025: Sonpo Museum of Art and FCEUX
Links for the day
Links 13/07/2025: UnitedHealth's Censorship Campaign, Australia Wary of China
Links for the day
Firing Away With Nonsense
Or fighting fire with fire
Links 13/07/2025: Climate Crisis, GAFAM Poisoning the Water
Links for the day
The Microsofters Will Have an Obligation to Compensate Us
This story isn't just about Microsoft. It's also about corruption, there are many women victims, there is abject "abuse of process", and many more scandals to be illuminated in years to come.
Reproducing at the EPO Instead of Producing Monopolies for Foreign Monopolies With Their Price-Fixing Cartels
Does the EPO recognise the need of well-educated Europeans to bear kids?
Valnet Inc. Dominates Real (Not LLM Slop) GNU/Linux Coverage in 2025
And likely in prior years, too
Free Software Foundation (FSF) Fund Raiser Goes on
Later this month we'll expose another OSI scandal
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025
Plunder at the Second-Largest Institution in Europe
cuts, neglect, health problems, even early deaths
Links 12/07/2025: Political Developments, Attack on Opposition, Climate Actions
Links for the day
Gemini Links 12/07/2025: Melodic Musings and Small Web July
Links for the day
Links 12/07/2025: Jail in China for Homoerotica, South Korea Discriminates Against Old Workers
Links for the day
If Only Everything Was Rewritten in Rust, We'd Have No More Security Issues?
Nope.
Links 12/07/2025: Birdwatching and Fake/Misleading Wall Street 'Valuation' Figures
Links for the day
Gemini Links 12/07/2025: How to Avoid Writing, Apps for Android
Links for the day
Using SLAPPs to Cover Up Sexual Abuse and Strangulation
The exact same legal team of the Serial Strangler from Microsoft and Garrett already has a history fighting against "metoo"
EPO Staff Committee on Harassment in the Workplace
slides
Adding the Voice of Writers to UK SLAPP Reform
The journey to repair antiquated (monarchy era) laws will likely be long
EPO Takes More Money From Staff for Speculation (Pensions), Actuarial Study Explains the Impact
"The key change in this year’s Actuarial Study, due to cascading the new “risk appetite” from the financial study, is a significant increase of the total pension contribution rate of 5.7 percentage points, up to a total of 37.8%. This is driven by an unprecedented decrease in the discount rate of 105 bps down to 2.2%."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 11, 2025
IRC logs for Friday, July 11, 2025
Microsoft - Like IBM - Does the "Relocation" Tricks (Start Over Elsewhere, Then Get Sacked by Microsoft)
It is a "low blow" or a "dick move"
After the Free Software Foundation's Campaign to Raise Money Let's See Campaigns to Finish Off Microsoft (Vista 11, GitHub etc.)
Microsoft is in effect collapsing
Your Publications Have No Major Impact Unless or Until You "Get Some Heat"
we're on the right track
Slopwatch: A Cause for Hope, the Hype is Dying
For about a month we showed that becoming a slopfarm - for several weeks - resulted in utter failure and ruin for BetaNews
Links 11/07/2025: Censorship Worsening, 3D Printing Success Stories, UK and France Unite Around Nukes
Links for the day
Gemini Links 11/07/2025: Zorin OS and Scriptonite Updates
Links for the day
Links 11/07/2025: Hardware, Russia, and China
Links for the day
Links 11/07/2025: Intel Collapsing and Microsoft Resorts to Bribery to Push Slop Via Obligatory Education
Links for the day
The EFF Sided With the Team That Strangles Women and Tells Women to Kill Themselves
They say that apathy and inaction are a form of a "stance"
"Nat [Friedman] and [the Serial Strangler From Microsoft] Were Always Exceptionally Close," Says Former Housemate and Colleague
Now Alex (hiding behind another name when that suits him) not only attacks women but also people who merely report what he did to women
Exemplary List of Things That Are Not Artificial Intelligence or Even Intelligence
The "age of AI" or "era of AI" or "AI revolution" mostly boils down to rebranding, just like "the cloud"
New Letter From the European Patent Office Explains How the Office Plots to Grant Many Illegal Patents, a Self-Fulfilling Prophecy of 'Growth'
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO)
Abuse of Process
5RB is employing people who help violent men
What Microsoft's Nat Friedman and Microsoft Lunduke Have in Common
"Get in da car; No time to explain, loser"
Microsoft and IBM Don't Have Much of a Future (They Mostly Pretend at This Point)
IBM and Microsoft are in some ways alike but in many ways different
It's Not Just Twitter (or X.com) That's Dying, Microsoft's Equivalent is Dying Also
Unable to find a business model
GitHub Copilot Can Cause the Bankruptcy of GitHub to Come Sooner and GitHub to be Shut Down Just Like Skype
Some publicly available information suggests that even for each paid subscriber for plagiarism (LLM 'coding') GitHub Copilot still loses more money than it makes
Wayland is Bad for the Planet
If you use Wayland, it'll take you longer to accomplish tasks and you will consume more energy (or battery life)
Legitimising Those Who Sabotage You
Microsoft is a very malicious company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 10, 2025
IRC logs for Thursday, July 10, 2025
On Microsoft Layoffs
we might be looking at about 60,000 Microsoft layoffs since 2023
EPO Management Already Breaks Its Own Promise (Lie) on "Bringing Teams Together"
This gut-punching move happened just 2 days ago
Gemini Links 11/07/2025: Occupation of 2025 and "Old Man Yells At Soundcloud"
Links for the day
Our Lawsuits Against the 'Cancel Mob' (Ringleaders) Helped Reduce Anti-Free Software Online Abuse
That's not to say that lawsuits are the best way to handle terrible people. But that can help.