Bonum Certa Men Certa

Yes, Software Patents Are Dying, But Media Continues to Be Dominated by Those Denying it For a Salary



Summary: The debate about software patents in this post-Alice era parallels the Net neutrality debate, where voices of people with vested interests contribute to confusion and meddle with largely-accepted views/consensus

OVER the past month and a half there have been quite a few articles about software patents. We have kept track of them and accumulated what amounts to an alta vista of sorts -- a kind of zeitgeist of patent debate trends. Back when this site was born (2006 being the year of establishment, i.e. almost a decade ago) debates about software patents were habitual; later we saw these debates distracted, diluted, and then virtually extinguished, i.e. largely gone. It wasn't an accident; the debates are controlled by corporate media, which is in turn motivated by the wills and itches of large corporations. Now they love to moan about "patent trolls", despite the strong correlation between trolls and software patents, let alone the fact that many big corporations act just like trolls. Those who insist that the only problem worth tackling in patents is "patent trolls" are probably just trying to protect multinationals from them; this includes some patent lawyers who perceive trolls as a legitimacy problem (serving to discredit the system they make money from and thus must protect).



Alice Changed Everything



The article "“Ineligible Subject Matter” Patent Litigation Spikes In 2014" (note date) provided an interesting perspective. "More than 20 lower court rulings since the Alice decision have invalidated software patents," said this other article about the HP patents (see [1, 2, 3, 4, 5, 6] or this analysis which says one "can help to have these [HP] patents revoked by providing ‘prior art’ examples on Stack Exchange"). Clearly enough there continues to be progress in this area, but the media is largely absent from it. The voices of patent lawyers dominate and they contribute to the illusion that nothing has changed after the Alice decision, or that very little has changed.

"CAFC affirms invalidity of patent on computerized meal planning," Charles Duan wrote the other day. "Case was so easy they didn't issue an opinion."

Now, for CAFC, the most overzealous pro-software patents court to do this must truly count for something.

"Lenovo Says Alice Kills Tranxition Software Patents," according to this article which states: "Lenovo (United States) Inc. on Tuesday asked an Oregon federal court to find invalid two Tranxition Inc. software patents it is accused of infringing, saying the patents are abstract and unpatentable under the U.S. Supreme Court's Alice Corp. decision."

Also consider reading the article "Future Of Software Patents In Doubt After Supreme Court Decision Last Year", despite it being a little older.

Vivek Wadhwa, a longtime critic of software patents, weighed in last month and said that "Patents are like nuclear weapons". "Vivek Wadhwa," said the introduction, "Indian-American tech entrepreneur and academician is an outspoken advocate of abolishing software patents in the US." Vivek Wadhwa also published some other pieces in large newspapers, noting that the "Founding Fathers of the United States considered intellectual property so important that they gave it a special place in the Constitution: “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.”"

Satish Babu said that the "'Improve Patent Quality' campaign Is a distraction & doesn't lead to elimination of software patents [according to] RMS delivering the keynote at #lp2015" (recent event).

To quote an article about it, “Big companies that don’t really want to get rid of software patents but do want to get rid of nuisance patents have launched a competing, weak, not-worth-bothering campaign to quote ‘improve patent quality,’ unquote,” Stallman said, presumably in reference to the lobbying group United for Patent Reform, which launched in January."

Stallman is right. As we'll explain later, there is one effort to blame it all on "bad patents" and another to blame it all on "trolls", as CCIA (a front group) likes to do. Uniloc, which is clearly a patent troll, was mentioned here a short while ago because "PTAB Will Review Widely Asserted Uniloc Software Patent". To quote: "The Patent Trial and Appeal Board agreed Tuesday to conduct an inter partes review of a patent on software registration technology that Uniloc USA Inc. has asserted against dozens of companies over the years, in a win for Sega of America Inc. and other accused infringers."

Here is another development in the realms of software patents. BreezyPrint dodges a software patents lawsuit in Texas, where the courts are very favourable to plaintiffs. Quoting Law 360: "A Texas federal judge ruled Thursday that BreezyPrint Corp., a small mobile printing company, did not infringe several printing software patents owned by rival PrinterOn Inc., which was recently acquired by Samsung Electronics Co. Ltd."

"Software patents at center of abuse problem, report says" is the title of another report. Thankfully, some people do realise/understand the core issue and this issue has already been addressed to a large degree by the highest court in the US. One oughtn't be surprised to see patent lawyers panic.

Lawyers Distort the Record



So all in all one might assume that we're moving in the right direction and the world can finally grasp that software is not patentable, not even in the US. Sadly, however, patent lawyers and people in the patent 'industry' still flood the channels (news, forums, etc.) and it shows. They are fighting back against this new reality.

A Microsoft-backed pro-software patents lobbying group (BSA) was given the platform right here, promoting software patents of course. This piece of lobbying/propaganda was posted by Dennis Crouch, who is himself very biased.

Crouch gives his platform not just for lobbyists to exploit (for software patents around the world) and to dismiss Alice but also for other pro-software patents voices, usually patent lawyers. Consider this "Guest Commentary" by Robert Stoll and the notoriously pro-software patents Michael Risch (he believes and insists that some software should be patentable).

Other patent lawyers took on other media. An article by James M. Singer (Fox Rothschild LLP) remarks on Alice and Singer again did this when it comes to patent reform. They are pushing forth the interests of patent lawyers. "We’re hearing a lot of claims about the STRONG Act as an “alternative” to patent litigation reform," wrote the CCIA-backed (and powered) site. "The campaign supporting the bill has been misleading at best." This CCIA-backed site keeps focusing on trolls, as usual, as it last did even a fortnight ago. It's not asking for real "Patent Progress" (the name of the site) but a 'progress' that its funders (which include Microsoft) want. A patent bill's acceptability is determined by the paymasters and "trolls" remain the only mentionable issue. "According to Lex Machina’s data," says Levy (CCIA), "in January this year, there were 442 patent cases filed compared with 334 cases in January 2014. That’s a 32% increase. In February this year, there were 500 patent cases filed compared with 440 cases in February 2014. That’s a 13.6% increase. For the year so far, there are about 22% more patent cases filed in the first two months of 2015 compared with the first two months of 2014." But that's not the point; the real issue is not just litigation but the scope of patents. Why not tackle the core issue?

Patent propagandist Gene Quinn published "The Road Forward for Software Patents post-Alice", one among his many pro-software patents posts (he makes money from these). Gene Quinn derives revenue from this parasitic system, so his torrent of pro-software patents pseudo-patriotism and salesmanship (appeal to emotion with terms like "Problem Child") should not be shocking.

In another lawyers' site we find another post-Alice pro-software patents piece. "Given past precedent," it says, "counsel should not expect the pendulum to stop swinging back-and-forth on software patent eligbility" (it has already swung).

In another lawyers' site we found more of the same and other lawyers' sites offer no exception. They are teaching patent lawyers what to do as they are trying to get around the rules and share tricks for doing so. That's what lawyers do, not just when it comes to patents. They want to keep patenting software, i.e. generate business for themselves. Watch how one firm, Akin Gump Strauss Hauer & Feld LLP, selectively covered cases where software patents were upheld by courts. It's this bias by omission that we covered in prior month.

In conclusion, the world is changing, but don't expect it to change without aggressive and persistent resistance from the parasites.

Recent Techrights' Posts

IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
 
For Effective 'Finlandisation' (Digital Sovereignty) Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026
Links 13/05/2026: Sudan War Enters Fourth Year and Strait of Hormuz Leaves Safe Passage a Gamble
Links for the day
Gemini Links 13/05/2026: Useless Protests and Foofaraw on Geminispace
Links for the day
Mainstream Media: Microsoft Says No Layoffs. Microsoft: OK, There Are Layoffs.
Where is Waggener Edstrom/Frank Shaw now?
IBM's Kyndryl Down Almost 20% in 5 Days, IBM Down 35% in About 6 Months, Further 'Staff Reductions' at Red Hat (Problems Paying Salaries!)
Will this year's festivities be Krishna's last?
More Mass Layoffs at Microsoft, Only Weeks After the "Buyout" Nonsense (Glorified Severance to Highest-Paid American Staff)
Next up it is LinkedIn
IBM is in a Freefall, When Will IBM's CEO Fall on His Sword?
Since he controls the Board, is anyone in a position to fire him?
At GitLab, "AI" is "All India"
It says "as much as 30%," but they also hire and it's clear what demography is targeted
Verified Accounts of Microsoft Offering 'Retirement' (Layoffs) to People in Their 40s, Over Two Decades Earlier Than Retirement Age
It's not even about performance, it's about age (or "cost" as well as location; they cheapen the labour)
Links 13/05/2026: Slop Turns Into 2008-Style Subprime Bubble, Mass Layoffs at Starbucks
Links for the day
They Don't Like the Layoffs, So They Are Rebranding Them
Layoffs are layoffs
IBM Downgraded as the Shares Sink to New Lows
The current strategy of IBM is financial engineering, wage reductions, and mass layoffs that the corporate media refuses to even write about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 12, 2026
IRC logs for Tuesday, May 12, 2026
Gemini Links 13/05/2026: TUIs and Internet Radio
Links for the day
How the European Patent Office Became a Crime and Corruption Hub, One of Europe's Biggest
incomplete outline