Bonum Certa Men Certa

Lawyers' Propaganda About Software Patents and a New AstroTurf Entity Called Innovation Alliance

Summary: Patent propaganda and deception from patent lawyers (among other parasites such as patent trolls) continues to flood the Web, intersecting with reports that prove them totally wrong

Generalisations are never a good thing, but the vast majority of lawyers are greedy and self-centered. I can now say this based on personal experience (I will publish details later this year). The vast majority of them can only pretend to be something else (striving for ethics) and a small majority might actually be genuinely ethical. The typical lawyer's goal it to maximise profit, nothing else (unless it brings publicity, hence profit at some future date). Anything he or she would say (often verging on lies) is designed to align with this goal but must be disguised as something else. They're good with words. They love money. That's why they decided to go to law school.



"They obviously don't like to accept the reality that software patents are on the decline."Patent lawyers are probably worse than most lawyers because they typically serve businesses and rich people. And look at what they do; they help acquisition of monopolies. It's engagement in class war. They obviously don't like to accept the reality that software patents (monopolies on algorithms) are on the decline. That is why they use straw man arguments, such as tackling bogus arguments that software patents are now "dead" (they are not) or as yet another lawyer put it, "Software Patents are Only as Dead as Schrödinger’s Cat". Nowhere have we seen anyone claiming that software patents are dead, but this pro-software patents Web site finds such a straw man arguments useful. To quote: "The environment for patent applicants and examiners that has resulted from such inconsistent treatment of Alice by the USPTO is one in which neither examiners nor applicants have clear guidance about how the USPTO is interpreting and intends to apply the Alice decision. This makes it difficult for examiners to know whether and how to issue Alice-based rejections, and for applicants to know how to respond to such rejections. In this environment, software patents are not dead; instead, they are, like Schrödinger’s cat, in an indeterminate state, simultaneously dead and alive until examined by an observer."

That is at least a more balanced article than previous ones from the same site, which take for instance just software patents in specific fields (like banking). It's a lie by omission. They're being selective to generate propaganda in their headlines and ultimately they bamboozle the world.

There is a lot of software patents propaganda following the SCOTUS decision and the large share it comes from patent law firms, as we demonstrated months ago (we gave dozens of examples). Do not let them win the information war as they did after In Re Bilski. They want to redefine what's true.

Over in India, where software patents are definitely not legal, patent opportunists continue to pollute the press with ideas for patenting software patents and using them offensively, thanks to loopholes. Here is one ho says: "From both the cases, we can conclude that, patent rights may be enforced even though one of the elements in the claimed system or method is located outside the territory of the patent, provided that the beneficial use of the system occurs within the territory of the patent granted."

Here is the messenger's introduction:

About the author: Mr. Kartik Puttaiah has more than 17000 hours of experience in patent consulting.


On the other hand we have the strongly anti-software patents people, including Timothy B. Lee who published this long new series titled "Everything you need to know about software patents". Here are the parts of this series:

What are software patents and why are they controversial?

Are software patents legal?

Why do so many patent lawsuits involve software?

Are software patents needed to promote innovation?

Could the patent office do more to scrutinize patents after they've been granted?

Do other countries allow patents on software?

You didn't answer my question!


This is a good series and it helps explain where we stand. Sadly, however, Timothy B. Lee is being outweighed by a barraged of self-serving spam from law firms. That's what the press is saturated with, maybe outnumbering writers like Timothy B. Lee by a factor of 1:5.

Meanwhile, reveals Mr. Levy (patent lawyer), there is a new lobbying group misleadingly named "Innovation Alliance". It is actually a front for patent trolls and as Levy puts it, data does not back their claims, so they make stuff up:

The Innovation Alliance (an organization whose members include large patent trolls such as Tessera, InterDigital, and Qualcomm) has been pushing against patent reform in the name of the small inventor. They even have a Save the Inventor website set up. (And no, I’m not linking to it – you can find it easily enough.)

[...]

Patent reform does not make it harder for legitimate patent infringement suits. And should we really avoid helping 3,700 operating companies because about a dozen patent owners a year might be slightly worse off than they are now?

Seems to me it’s up to the Innovation Alliance to prove there’s really an invention-copying problem before we derail attempts to deal with patent trolls.


As Simon Phipps from OSI points out, patent trolls are now feeling the pinch because software patents (their typical ammunition) are on the decline, which of course helps the Free software world and empowers OIN, too. It definitely is very bad for patent lawyers. Whatever is bad for patent lawyers is usually good for society (if not always). What does that say about patent lawyers?

Recent Techrights' Posts

Red Hat QA Team "Had Shrunk by Half Over the Past Year." (After IBM Divestment)
If Red Hat's workforce is being moved to the East, then RHEL can become a national security problem
Preparations for Our 19th Anniversary Have Already Begun
When we get back we'll probably sort out some balloons and venue for the next party
Pleased After 2 Years With team.blue
Moving from a Content Management System (CMS, dynamic) to a Static Site Generator (SSG) was a wise decision that made life so much easier
The Free Software Foundation (FSF) is Being Attacked by Organisations Jealous of Its Principled Stance and Longevity
Nobody is perfect, but imperfection does not instantaneously imply sinister intent
Many Microsoft "Assets" Are Fabricated Baloney (to Game the Numbers)
At times it seems like what we deal with are many weak patents (on algorithms), valuations or speculations based on hype ("hey hi"), and stocks held by Microsoft and its own staff
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 03, 2025
IRC logs for Wednesday, September 03, 2025
The UEFI 9/11 - Part VI - This Serious Harm Was Planned for Over a Decade, Not an Accident or Merely Some Misfortune
The term "Serious Harm" is legally meaningful here
GNOME Unfit for Diversity and Inclusion
GNOME's leadership is using "bad words"
Brodie Robertson Addressing the Recently-Discovered Comments
Most people probably knew nothing about this until he wrote a response
Slopwatch: "Open Source" and "Linux" News Faked, Made by Bots and Entered Into Google News
Spam combined with slop about "Linux" has entered Google News
Links 03/09/2025: Microsoft Causes Mass Layoffs Outside Microsoft Also, "Google Can Keep Paying for Firefox Search Deal"
Links for the day
Gemini Links 03/09/2025: calendar.txt, Alhena 5.3.1, and ROOPHLOCH
Links for the day
The Theory That the Man From McKinsey, Whom Red Hat Took From Microsoft a Month Ago as Executive, Wants 'Efficiency' (Lower Salaries)
So far... no "official" word
When Your Site's Articles Are Being 'Cheapened' by Slop as Feature Images
Dr. Farnell should become an advisor to The Register MS
Certificate Authority Let's Encrypt Drops to Only Half a Dozen Capsules and 0.2% of the Whole in Geminispace, Self-Signed is the Way to Go
It used to have hundreds, according to Lupa
Doing to Red Hat What They Already Did (and Still Do) to IBM
there seems to be a drive to hire cheaper staff, and it may be led by somebody Red Hat hired from Microsoft
Links 03/09/2025: Salesforce's Latest Mass Layoffs, 93% in Large Poll at The Register MS Say UK Government Should Dump Microsoft
Links for the day
If You Reject the Google Verdict in the US, Then You Should Also Reject the "Modern" Web (Do Something About It)
Gemini Protocol is still open; it cannot be hijacked or subverted because it's frozen by design and by intention
Open Source Initiative IRS Filing: Almost All the Money is Corporate, Stefano Maffuli (Executive Director) Takes About a Quarter of That Money for Openwashing of "AI" Ponzi Scheme
OSI is currently little but a PR/marketing agency of Microsoft
Many People Are "Leaving" Red Hat, Even High-Level Managers
Something is definitely going on at Red Hat
Techrights Has Been Subjected to Calls of Violence (and Death Threats), It Never Condoned Violence
I have no sympathy for people who call violence "free speech" and then get in trouble
Condoning Violent Behaviour and "Free Speech"
perhaps Microsoft Lunduke lost touch with what constitutes violence
Takeaway From the Google Verdict: GAFAM Has Too Much Control (Even Over the US Government and Courts With Government Appointees)
Many people feel disappointed but hardly surprised by the verdict
The Free Software Foundation (FSF) Turns 40 in One Month
As noted a few days ago, several times in fact, many people now recognise the importance of the FSF's mission, even if most people don't know what the FSF is
"Voluntary" Layoffs at Microsoft (to Game the Numbers, Sugar-Coating a Crisis)
"Employees interested have until the end of October to volunteer."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 02, 2025
IRC logs for Tuesday, September 02, 2025
Links 02/09/2025: Oligarch Tech and Text Encoding Concerns in Ada
Links for the day
"Internal Changes at Red Hat / IBM"
It seems like quite a few people are leaving
Confirmed in French Media: Mass Layoffs (10% Culled) in Microsoft France
Now some reports in French
"People on LinkedIn Saying That They've Left Red Hat."
We already saw signs of it a month ago and named some of the people
Gone With the BRICs (or BRICS): "Linux 8" in Cuba
GAFAM must be worried
Telecompaper Reports Microsoft to Reduce the Workforce by Another 10% (in France)
Imagine what this will do to staff's morale
Microsoft in Freefall in Finland
Can Finland eradicate Windows from all its infrastructure, including core operations that are sensitive to sabotage by cracking?
Google's Chrome Passes 70% and Web Standards Are Dying
The Web is quickly becoming devoid of any standards
India is Back to Windows 8 (Market Share Down to 8%) as Android Soars to a New Record High
For Microsoft, India is a runaway market
Slopwatch: Plagiarism and Ponzi Scheme, Bubble About to Burst Entirely, Admits Goldman Sachs
the hype that Google News and The Register MS actively participate and profit from
Links 02/09/2025: SCO Summit and Russia Suspected Of Jamming GPS
Links for the day
Gemini Links 02/09/2025: Mediterranean Marriage and Staying Connected at 35,000 Feet
Links for the day
The Register MS Says "AI Web Crawlers Are Destroying Websites", So Why Does The Register MS Help 'AI' Companies? (Spoiler: Money)
People need to call out The Register MS on its hypocrisy
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
Links 02/09/2025: Attacks on Unions, Microsoft TCO, and DDoSing a Growing Problem
Links for the day
Why We Publish Information About the SLAPPs (But Not About the Legal Process), an Abuse of Process by Americans Trying to Silence Critics of Their Employer, Microsoft
It doesn't take thousands of pages to explain something simple
Internet Relay Chat Didn't Fall Off a Cliff
IRC will turn 40 in less than 3 years from now
The UEFI 9/11 - Part V - This is Not a Drill (Disable "SecureBoot" Now)
A "9/11" Coming
There's No Obligation to Speak to Anybody
The very fact that "bkuhn" is till spending time in social control media says a lot about his poor judgment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 01, 2025
IRC logs for Monday, September 01, 2025
Microsoft Trying to Force People to Resign (Amid Mass Layoffs) a Strategy That Takes Its Toll
Microsoft seems to be circling down the drain and the "final flush" will be the moment the "hey hi" (AI) bubble implodes completely
Google Simply Cannot Be Trusted
Only fools would trust GAFAM
Admission That a Third Party (or Parties) Funds the SLAPPs Against Techrights
This can end up costing them over a million dollars
Modifying and Writing One's Own Computer Programs is Not a Crime (or: Google Proves That Stallman Was Right)
We're generally gratified to see so many positive mentions of him
Why We Stopped Publishing Videos (for Now)
We'll probably get back to videos one day, but it's hard to say when or to what extent
What Animal Rights Activism Teaches Us About Sympathy and Focus
It's possible to believe that the planet is warming, that we must do something about it, and still eat eggs and butter