Bonum Certa Men Certa

IBM and Microsoft Crushed Patent Reform in the United States, Last Resort is SCOTUS Again

Though the people in black costumes have a poor record on software patents

Supreme Court US, 2009



Summary: Legislation in the US continues to be steered by large companies (or their lobbyists) with heaps of software patents; SCOTUS receives another opportunity to cross out software patents

HAVING destroyed Linux backers like Nokia (Jolla/Neo ⇆ Nokia ⇆ MeeGo/OpenMoko/Sailfish survive in other forms, thankfully enough), Microsoft is now destroying US law, as well.



Based on this new poll, Microsoft is still the most widely loathed company in the eyes of FOSS people. This is not because Microsoft is some scapegoat; Microsoft has done a lot to deserve this, including crimes.

Currently in the US there is some useless reform which mostly serves large corporations. it's not about people's interests and the only reason Congress passed it is that large corporations supported it (like they support Congress, financially). As one site put it: "As Congress gets ready to pass a greatly watered down patent reform act - watered down largely due to the lobbying of the two biggest patent trolls, IBM and Microsoft - and the Supreme Court begins to contemplate abolishing software patents, there are a few other news items."

We already explained the role of IBM and Microsoft.

One FOSS site said: "This week, the U.S. House of Representatives voted with a huge majority of 325 to 91, to pass the Innovation Act, which would put significant constraints on patent system abusers."

No, only a particular subset of them. The U.S. House of Representatives would not have passed this (with considerable majority) if it did not satisfy the desire of large corporations which control Congress through lobbying and bribes.

We should really stop referring to this 'reform' as a real sign of progress. The real test is still ahead of us. The software patents-friendly Court of Appeals for the Federal Circuit (CAFC) is still expected to decide whether APIs can be copyrighted (even worse than patents) and SCOTUS, which almost always rules in favour of large corporations, is now the last resort when it comes to software patents. Despite some optimism, all it shows are decisions going into the wrong courts with all the biased (towards lawyers) judges, no jury in sight. As one pundit put it, "the Supreme Court agreed to hear the appeal on the Alice vs. CLS Bank case which is yet another case that looks at the patentability of software. The ruling in the Federal Circuit appeals court (CAFC) was one of the biggest judicial messes you'll ever see. The ruling was 135 pages of different judges all disagreeing with each other. In all of that there is only one single paragraph that the court agreed on -- one which rejected the patent as not being patentable subject matter. But as for why they did that? No one could agree. Chief judge Randall Rader has called that decision "the greater failure of my judicial career.""

Rader has repeatedly shown his bias in favour of software patents, inside and outside CAFC. He even gives himself away to patent lawyers' sites which lobby for software patents.

At the end of the day we are left sort of defending countries outside the US (including Europe) from the invasion of USPTO practices and SCOTUS rulings that permit software patenting. Nokia, which has become Microsoft's biggest troll, mostly uses hardware patents for now, but it shows the threat of big trolls, irrespective of the scope of patents. "EU warns Nokia not to become a "patent troll"," says this article, but it is "too late" according to iophk, who is Finnish. When Nokia is left to become part of a US company (like Skype being passed to Microsoft) it will become an instrument of abuse inside Europe, embargoing and eavesdropping, respectively.

TechDirt, a US-based site which is highly critical of US policy on copyrights, patents, privacy and other matters, suggests this fix and yet another fix which tackles public funding. To quote: "For many years we've been incredibly critical of the famous Bayh-Dole Act, which was passed in 1980 with the idea that it would encourage greater innovation by pushing universities to patent the research they were doing. The theory -- based on a rather ignorant view of innovation and research -- was that patents would create a market, which, in turn, would enable easier knowledge transfer from academia to industry, leading to a research boom. The actual results have been a near total disaster. What's actually happened are two very bad things. First, it's seriously harmed university research, by guaranteeing much less information sharing between researchers. And, it turns out, that information sharing is a big part of how innovation and big scientific breakthroughs occur. Not surprisingly (if you understand basic economics), when you try to lock up each idea with a patent, researchers (and, more importantly, their administrator bosses), suddenly don't want to share any more. The end result? Lots of important research stifled. What a shame."

In other words, taxpayers' money in the US (or growing national debt) goes towards feeding the problems which further increase national debt. How can politicians not see it and why is nothing substantial being done to stop this trend? It is almost a rhetorical question.

Change will come from people, not Congress, and as long as Congress is funded by corporations no change will be permitted, not when it comes to surveillance or even intellectual monopolies, as TTP shows. The latest TTP leak [1,2] shows people power [3] at work, almost stopping business takeover [4] and shameless attack on democracy [5].

To stop the patent maximalists we need some actions like leaks, perhaps even bold protests and lots of angry phonecalls to politicians. Anything else would be defeated by lobbyists and bribes. Politics is business and no level of logic will beat a large-figure cheque.

Related/contextual items from the news:



  1. Wikileaks exposes secret, controversial Trans-Pacific Partnership negotiations
  2. Second release of secret Trans-Pacific Partnership Agreement documents
    On 13 November 2013 WikiLeaks released the draft text of the crucial Trans-Pacific Partnership Agreement (TPP) Intellectual Property chapter during the lead-up to a TPP chief negotiators’ meeting in Salt Lake City on 19-24 November 2013. Today, 9 December 2013, WikiLeaks has released two more secret TPP documents that show the state of negotiations as the twelve TPP countries began supposedly final negotiations at a trade ministers’ meeting in Singapore this week.
  3. Members of Congress: Fast Tracking the TPP is a Non-Starter
  4. Anti-poverty groups condemn WTO pact as big business boost


  5. The Secret Trade Agreement About to Complete the Corporate Takeover of Democracy
    The Trans Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP) enshrine the rights of Corporations under International Law, restricting future governments from overturning the changes through fear of costly legal action. They are the largest trade agreements in history, and yet are not open for review, debate or amendment by national parliaments or the public.




Recent Techrights' Posts

Improving Clarity When Presenting LLM Slop and Slop Images
There will likely be more changes (improvements) to improve the visibility of our labels
Articles About "Linux" That Are Actually Promotions of Microsoft Windows
The solution is to leave Windows, not get something "like Linux" or "similar to Linux"
Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in The Hague: Staff Representation Surprised at "Recent Changes in the Staffing of OHS Occupational Health Services (OHS)"
Once upon a time the Office offered to-notch services to all staff
IBM Exits Continue This Week
Some people talk about it anonymously, naming their role/position/unit, number of years (or band) etc.
Adrian & Diana von Bidder-Senn, Debian: detailed history of a death
Reprinted with permission from Daniel Pocock
 
Trying to Cancel People and Projects That You Don't Like by Changing the Focus to Politics
Don't fall for it
What Kind of Bubble is AI? We'll Find Out Very Soon
In 2022 and 2023 Cory Doctorow was one among many who asserted "AI" was a bubble
Mandrake's Gaël Duval Debunks Clickbait Nonsense From ZDNet, a Non-Coder Pushing Bot-Made 'Code' (Plagiarism Done Poorly)
"Why AI won't "Kill Open Source”
Groklaw Won't be the Latest (Nor the Last) Major Site We Lose
Many other sites will go offline; the more popular among those will get hijacked by rogue actors
Slopwatch Turns 1 Next Month
2024-12-14 is when Slopwatch began
The Issue With Firefox is Not Its Brand
Mozilla seems to be the biggest enemy of Firefox at this point
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 11, 2025
IRC logs for Tuesday, November 11, 2025
Gemini Links 11/11/2025: Kentucky, Bluesky, and Slop
Links for the day
The European Patent Office (EPO) is Still Hiding From Scandals
"No answers from VP1 to our letters to two Directors"
Like the Serial Strangler From Microsoft, Donald Trump is Out of Time and Has Jurisdiction Issues in the UK
The court system or the courts of a nations are meant to serve the nation and its media, not media lawyers or litigation profiteers
Slopwatch: Many Fake Articles About "Linux" on Monday and Today
A lot of the Web is pure garbage. A lot of 'articles' are 100% fake.
Richard Stallman to be First Speaker at Ethereum Cypherpunk Congress 5 Days From Now, FSF Looking to Raise $400,000 by Year's End
the 40+ years-old FSF, which Dr. Stallman created to help promote Software Freedom and support GNU, is starting a new fund-raising campaign
Links 11/11/2025: Misinformation/Disinformation in Twitter/X and BBC in Trouble
Links for the day
Links 11/11/2025: Slop Ruins Music, Facebook "to Discontinue Like and Comment Buttons on Third-Party Websites"
Links for the day
The Voice of Microsoft
Marketing disguised as a science
"MIT Technology Review Insights" is the Selling of Ponzi Schemes for Sponsors (MIT Lacks Integrity)
Just like IBM, they're chaining buzzwords now
Rust Keeps Breaking Ubuntu in All Sorts of Extraordinary Ways (and All Distros Based on Ubuntu Will Break Also)
The FSF's stance on this is unclear
Boot-locking Laptops and Desktops After Falsely Marketing That As 'Security' and Not Obligatory
If anyone can confirm this to us
With Net Income of One Billion Dollars Tesla Claims It Can Pay a Fake Founder (Who Paid for This Lie) 1,000 Billions
What does this tell us about Wall Street?
GNU/Linux Cannot Buy Fake Journalism and It Won't Bribe Large Publishers
Free software developers don't purchase "sponsored" placements and that will never change
The 'Politics' of Operating Systems (or Exclusion for Inclusion's Sake)
This whole 'wrongthink' policing is getting out of hand
Static Site Generators (SSGs) Save You Lots of Money and Problems
We've basically reduced the environmental/carbon footprint of the site by a factor of ~100 (2 orders of magnitude)
IBM Does Not Care About Families, Communities, and Even Its Own Workers
Red Hat isn't a family and to believe that it is would be the makeup of cults
Too Much of Today's Web is Fake, Not Just Fake News
We'll continue to advocate for adoption of Gemini Protocol
Simulating a Downtime Tomorrow Night
It is expected that network redundancy will make this maintenance invisible to us, but IRC hangups or general slowness are still a possibility
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 10, 2025
IRC logs for Monday, November 10, 2025
Links 11/11/2025: Conflicts and Politics From National Broadcasters
Links for the day
Gemini Links 11/11/2025: Poetry and Electronics Studies
Links for the day
Apple's Debt Grew by About 16 Billion Dollars This Past Year, "Disappointing iPhone Sales" Reported
People who buy Apple's goods based on some false notion that Apple is "cool" or ethical or "underdog" (late 90s) aren't just living in the past; they're fools
Turning Down Proprietary Software is About Making Society Better
We should not be tempted to shame people for merely trying to keep programmers honest and human rights-respecting
Debian GNU/Linux Became the Most Popular (Most Distros Are Based on It) Owing to Richard Stallman
New presentation
The Internet is Becoming Dead or a Zombie
The Internet is becoming like a giant botfarm
A Day for Poppies
This site will run as usual today. We continue our fight for Software Freedom.
"Modern" Doesn't Mean Better, It Typically Just Means Newer
RMS demonised as someone who rejects "modern society" ("rejecting modern society") by a site that uses slop extensively
The Cocaine Patent Office - Part IV: European Patent Office to Come Under Media and Political Scrutiny
We'll persist until we get some answers
Gemini Links 10/11/2025: Homelabs and KeePassRX Manual Now Available
Links for the day
63-Page Response to the EPO's Effort to Decrease the Salaries of Workers While EPO Management Snorts Cocaine for 20,000 Euros a Month
"Read more in these written comments we sent to the members of the GCC"
Response to Another New Hit Piece About Richard Stallman (RMS)
We see similar smears floating about and tackling them can help not only RMS but anyone who thinks similarly about computers
Shrinking and Cheapening the Workforce: the Future of Red Hat and IBM
Does Red Hat cheapen the workforce?
Links 10/11/2025: BBC Turmoil and Iranian Drought Crisis
Links for the day
The Register MS Still Occasionally Uses Slop
some articles don't use real images
Links 10/11/2025: "Scam Altman Gets Served Subpoena" and "China will Rule Renewable Energy"
Links for the day
ubuntupit.com Has Paused the LLM Slop (for Now)
No slopfarm ever offered any real value
More Media Coverage From Austria Regarding Cocaine Use by EPO Management
The ultimate goal is full accountability
Ponzi Economics and the Media's Role in Defending Ponzi Economics
We occasionally notice weak or almost-non-existent coverage regarding the economy
Links 10/11/2025: Very High Windows TCO and XBox Continues to Languish
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 09, 2025
IRC logs for Sunday, November 09, 2025