Bonum Certa Men Certa

SCOTUS Works For Plutocrats, But It May, For a Change, Axe Software Patents

New gavel



Summary: Update on the Supreme Court (SCOTUS) case which can effectively end software patents where they originally came from

THE SCOTUS, like the USPTO, practically exists to serve corporations while claiming to serve people's interests. We showed many examples of this over the years, especially when we closely covered patent matters.



SCOTUS has just proven, yet again, that it serves the interests of the top fraction of the top 1% of income earners -- people who provide the majority of funding to political candidates [1,2]. Sen. Bernie Sanders says that SCOTUS undermines democracy by allowing billionaires to "buy elections".

SOCTUS us losing the trust of US citizens. There is no question about it. Meanwhile, however, "Software Patents On [are] The Ropes In SCOTUS," Robert Pogson claims, citing some recent filings/proceedings. Where is Groklaw when you need it? Having witnessed the Bilski case some years ago (famous case at SCOTUS), we are highly sceptical of the possibility that anything significant will happen. SCOTUS is typically doing what the corporations are asking for. As TechDirt put it the other day: "Four years ago, the Supreme Court had a chance to establish once and for all whether or not software was patentable. The Bilski case got all sorts of attention as various parties lined up to explain why software patents were either evil, innovation-killing monsters or the sole cause of innovation since the cotton gin and everything in between (only slight exaggeration). Rather than actually answer the question everyone was asking, the Supreme Court decided to rule especially narrowly, rejecting the specific patents at stake in the case and saying that the current test used to determine patentability (the so-called "machine-or-transformation" test) need not be the only test for patentability. However, it declined to say what tests should be used, leaving it up to the lower courts to start ruling blindly, making up new tests as they went along. And muddle along blindly they did -- right up to the height of pure absurdism in the CAFC (appeals court that handles patents) ruling in the Alice v. CLS Bank case, in which every single judge disagreed with each other. The ruling was 135 pages of confused mess where all justices only agreed on a single paragraph, which (like Bilski) said this particular patent was invalid, but no one could agree why."

Let's wait and see if the SCOTUS can surprise all of us by effectively putting at peril all software patents (in one fell swoop). This is the most important thing for Free software. The Register has this new article about "More software patent silliness," noting that in China there are software patent applications, e.g. one relating to Wine on ARM (we covered that a few days ago.

"The filing has irritated Wine contributor André Hentschel," the author says, "who points to his code commits from 2010, and remarks that “from my point of view there are no facts in that potential patent that should be patented”.

"Whether that's sufficient to block the Chinese patent application CN102364433 is another question."

We need to stop software patents in the US before they spread further. The tendency is for US law to get exported to almost every continent.

Related/contextual items from the news:


  1. Supreme Court ruling on campaign contributions: More clout for the rich
    The wealthiest 1% of Americans will likely play an even larger role in elections following the Supreme Court decision Wednesday that freed rich donors to give as much as $3.5 million per election to the array of candidates running for Congress.

    The 5-4 decision struck down a Watergate-era limit that barred a single donor from giving more than $123,200 to congressional candidates every two years.


  2. Supreme Court strikes down aggregate campaign giving limits


Recent Techrights' Posts

Imposters Inheriting Institutions
Dealing with the "imposter syndrome"
[Meme] The Ponzi Scheme That Eats Rivals (by Paying Them to Stop Competing)
Why compete when you can bribe and defang antitrust authorities?
In 2006 We Had a Novell Problem and Now We Have Several Novells
Microsoft thorns inside the community
Richard M. Stallman (RMS) Debunks Misconceptions About What Free Software Means and Explains How It Works
Free software means people (including users and developers) exercise control over the program, not the programmers
Certificate Authority Let's Encrypt Has Fallen From 12% in Geminispace to Just 1.2% in Two Years (Capsules Usually Self-Sign Their Certificates)
Don't ask the imposters about security
 
[Meme] Video Uploads Improved
The tools are all in our self-hosted Git repository and the licence is, as usual, AGPLv3
Apple Event as Fine Example of the "IT" Circus
It's not clear if the enemy of Free software is a company like Apple is simply public ignorance that Apple keeps fostering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 11, 2024
IRC logs for Wednesday, September 11, 2024
Gemini Links 12/09/2024: Clean Island and VCFMW19
Links for the day
Links 11/09/2024: EPO Patents Tossed Out by Courts, Software Patent Reveals Ford "Tech That Listens to Driver Conversations to Serve Ads"
Links for the day
More "Linux" SEO SPAM, Wrapped Up as Clown Computing, Composed by a "Bullshit Generator" (LLM)
linuxsecurity.com at it again this week
"Linux" and Linux.com Diploma Mill
The front page of Linux.com right now is the usual nonsense
Links 11/09/2024: ROOPHLOCH Report, Small Web Experiences, and Cohost Effectively Dead
Links for the day
Links 11/09/2024: Russia Enters Latvia With Drone, Truth Social Stock Crashes
Links for the day
The "IT Industry" is Full of Imposters (It's a Growing Crisis)
They often manage the companies
Richard Stallman Explains Stochastic Parrots (LLMs)
From his latest talk
The Toys of Today's Kids and Coordination Woes, Not to Mention a Lack of Social Skills
Too much time indoors, too much screen time
Dispelling the Notion That Microsoft is Political Left
Microsoft not only got bailed out (several times) by Donald Trump but also approached him to take over TikTok without paying for it
Linus Torvalds, the Son of a Politician, Tries to Stay Out of Politics (or Political Topics)
"I'm just a geek" has its limits in practice
Richard Stallman Still Deals With Politics
Stallman's gonna Stallman
GAFAM Not Invincible
The US has an election very soon and Microsoft is already bribing candidates for deregulation and favours, based on press reports
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 10, 2024
IRC logs for Tuesday, September 10, 2024
The Greatest Show on Earth (Buzzwords Circus)
What next? Being denied medical service because you don't have a Facebook account?
Gemini Links 11/09/2024: Happiness, Improvised Nebuliser, and olden Age of Palm OS
Links for the day
Julian Assange's Father Turns 80 and They Show Themselves in Melbourne
Will he be active in Wikileaks soon?
Slow But Ongoing Mass Layoffs at EPO, Estimates That Nearly Half of the FOs Will be Made Redundant Soon
When you cease to care about validity and quality of patents you're granting why bother with humans at all?
[Teaser] EPO Tightening Its Belt
who didn't see this coming?
Are Lawsuits Over EPO Corruption Next?
Why does the mainstream media not cover it?
Europe's Second Largest Institution, the EPO, Exploits Lack of Oversight to Commit Crimes Every Day
Immunity begets impunity, which in turn begets crime
[Video] Richard Stallman's New Talk in Germany Covers What Free Software Means, Why LLMs are "Bullshit", and Lots More (Web3 Summit 2024 Berlin)
Closing Keynote Day 3 - Dr. Richard Stallman - Web3 Summit 2024 Berlin
Transcript of Latest Public Talk by Dr. Richard M. Stallman (RMS), Delivered Last Month at Web3 Summit 2024 Berlin
quick-and-dirty transcription
Links 10/09/2024: Big Brother Awards Germany 2024 and Telling the Unemployed to 'Drive Uber'
Links for the day
Gemini Links 10/09/2024: DUIs and Useless Analytics
Links for the day
The Peril of the Electronic Frontier Foundation (EFF) Illuminates the Dangers of Founders Leaving or Being Forced Out
Whatever you may think they stand for, you risk being fixated on what they originally were and perhaps what their Web sites still say
Difficult Times at Soylent News
We hope that Soylent News will recover from this
New Article in redhat.com: How to Install Microsoft Windows
That's just about as bad as that sounds...
Crimes of the EPO Are Costing Everybody in Europe
Since virtually everyone in Europe is a user of software (almost nobody is a forest dweller like in countries near the equator), this impacts everybody
OSI's Blog is Still 100% Microsoft-Sponsored Attacks on Free/Open Source Software
OSI is a compromised, defunct body. It exists to serve the enemies of its original mission.
A Decade Ago Things Became So Bad at the European Patent Office (EPO) That Staff Jumped Out the Window During Working Hours
Colleagues saw the suicide; the EPO's response wasn't to tackle the causes but to bolt down the windows (like factories in China installing controversial 'suicide nets')
Red Hat is Suing to Protect From Patent Trolls
Why doesn't Red Hat (IBM) also lobby to eliminate all software patents once and for all?
COVID-19 Ushered in Attacks on Human Rights and Things They Said They Had Introduced Temporarily Are Still in Effect/Operation Today
COVID-19 changed a lot of things
Quitting Academia When Its IT Systems Are Dominated by Clowns Who Outsource
It seems like a common trajectory
Why the Free Software Foundation (FSF) Owning or Renting Office Space Mattered
"In the long term, the FSF needs to own its future office space, but then the deadly risk is that the property ownership becomes the end goal rather than software freedom."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 09, 2024
IRC logs for Monday, September 09, 2024
Free Software Foundation (FSF) Probably Has No Choice But to Shut Down Its Office
Net Income -$686,366
Nearly Two Years After Quitting My Job
My colleagues and I were bullied by managers (grievance complaint got filed) who didn't even know what "Linux" was
Terms of Service (TOS) Under Scrutiny - Part XVIII - In Conclusion
Many activities can be done offline without having to sign anything