Bonum Certa Men Certa

Patent Lawyers and Their Firms, Still Desperate to Protect the Status Quo, Manipulate the Media

"It may well be that between press and officials there is an inherent built in conflict of interest." -- General C. Westmoreland in Defence and the Media in Time of Limited War, Routledge, 13 September 2013, p. 64.

Summary: Patent lawyers are besieged by gradual tightening of patent scope and recklessly fight back (e.g. by saturating the media) to secure their revenue sources, derived from (and at the expense of) actual scientists and true market producers

THE USPTO's assignment/assessment guidelines (examination instructions for the process by which to rank patent applications for novelty), as well as court rulings, citing SCOTUS regarding Alice, have both diminished and almost eliminated the perceived value of software patents. This reduces the number of patents obtained and number of patents that are brought before a judge in a courtroom, especially where these patents pertain to software. Patent lawyers are 'politely' furious and they try to dominate the media with their 'damage control', which means misleading statements, misdirection, cherry-picking (bias/lies by omission), and so forth. We gave a lot of examples before. It's getting rather crass.



"Either Quinn has poor reading comprehension skills or he simply does not want to understand (because he is essentially paid not to understand)."The other day we saw Colleen Chien calling for an "open" patent system. "One year ago," wrote Chien about Tesla's openwashing (like Panasonic's), "Elon Musk announced that Tesla would dismantle barriers to the use of its technology by “open sourcing” its patents and making them available for all acting in good faith to use. Because patents are usually used to close, not open, doors to competitors, the move created confusion and criticism."

There is criticism indeed, but from who? Here is the patents maximalist Gene Quinn (loud proponent of software patents) slamming Chien's analysis, lumping it together with what he calls "a lot of disingenuous articles about the U.S. patent system" and calling it "misleading".

"The premise of the article," he says, "is that it is time to open the patent system. Specifically what that means, and to what end that would be useful, is unclear and frankly unexplained."

Either Quinn has poor reading comprehension skills or he simply does not want to understand (because he is essentially paid not to understand). What Chien suggests is a sort of retreat to the the original raison d'être of patents -- where publication (e.g. attribution) rather than litigation is the core goal. Quinn, a supporter of all sorts of crazy patents and even parasitical elements like trolls, surely won't like that. Another post from Quinn's site (but not composed by Quinn himself) dares to acknowledge what he very much feared right after Alice had been ruled at SCOTUS one year ago:

...Alice issued a year ago which opened the door to invalidating software patents on the basis that they simply implement “abstract ideas”...


Yes, that's great news. Sadly, however, the media hardly covers that. The corporate/financial media keeps glorifying patents as though they're national trophies whose raw count is proportional to innovation and so-called 'articles' from Fox Rothschild LLP, Baker Botts LLP, Bradley Arant Boult Cummings LLP, and spokespeople for conservative lobbyists/think tanks like Cato and Heritage try hard to crush real patent reforms. They want to preserve the status quo. The grossest headline came from Bradley Arant Boult Cummings LLP (all of these LLPs are patent lawyers in case that's not obvious), which says "Innovators Beware! Patent Reform Creates The New "Anti-Patent" Troll" (not calling "trolls" those who antagonise patent trolls but rather referring to those who extort companies using invalidation of patents, i.e. not really trolls at all!). Here is the core of the nonsense, which essentially redefines patent trolls: "Unlike other species of patent troll, the Wall Street troll seeks to destroy the target company. Many companies, especially small drug companies, could potentially lose 100 percent of their value if they lose the patents for their core technologies. This creates a situation that is very lucrative for the Wall Street troll, because if the company’s stock loses all of its value the troll makes a windfall." Well, any company whose entire value depends on a patent probably does not deserve to be in business. Patents as a tool of artificial price hikes don't serve society, especially where medicine is concerned. This is where patents become tools of artificial scarcity. It is unethical and we wrote many articles to explain why. There are still valid business models that don't depend on patents, in the same way that software which is free to distribute still brings income (Red Hat, for instance, has billions in revenue each year).

"Patents and patent lawyers are needed for innovation to the same degree that billionaires are "job creators" who create a "trickle-down effect" (they typically just loot and hoard)."The media these days is absolutely stuffed with patent lawyers, appearing everywhere the subject is discussed, parroting -- completely unchallenged -- claims about "innovation", "inventors" and scaring us about China (the same excuse/straw man used by TPP proponents). Patents and patent lawyers are needed for innovation to the same degree that billionaires are "job creators" who create a "trickle-down effect" (they typically just loot and hoard).

Recent Techrights' Posts

Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Ageism in Tech
Your protocol is "old"...
 
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025
Gemini Links 19/07/2025: Git For Authors and Filtered Antenna
Links for the day
UEFI 'Secure' Boot Abuses by Microsoft to be Brought Up in the UK High Court in 3 Months
we'll seek compensation
Next Year It'll Be Half a Decade Since the Fall of Freenode (and IRC is Still Doing OK)
Our IRC network is still accessible using the exact same software that ran in Windows 3.x
Lupa Will Soon Know of 3,100+ Active Gemini Capsules
And some people in the "Small Web" try to tell us that Gemini is dying?
The Slopfarms Are Taking Real News Articles and Replacing Them With Lies Generated by Machines
Bluntly speaking, Fagioli is nothing short of an online scammer
Links 19/07/2025: Techtarget to Cull 10% of Staff, New Threats to Free Press in the US (Home of Dangerous and Violent Stranglers From Microsoft)
Links for the day
Gemini Links 19/07/2025: "Climate Justice” and Forking Programs
Links for the day
What Wayland and Microsoft/IBM systemd Have in Common
focus on what IBM (Red Hat) is pushing while running over critics.
Linux Already Has About 60% of the "Market"
"When mentioning the client side," opines an associate, "it is essential to recite the list of other markets where Microsoft is negligible or a no-show. It is repetitive to do so, but it needs saying -- often."
In Norway, Android/Linux Has Just Hit All-Time High (First Time Since 2020), GNU/Linux Already Very Prevalent
Despite its small population size, Norway gave us Qt and many other things
Finland (and NATO) Must Move to GNU/Linux and Dump Microsoft Even Faster
"Microsoft is not a technology problem, it is a staffing problem."
Microsoft's Mass Layoffs Very Wide-Ranging, Media Focused on Gaming Though Microsoft Mass-Firing Lawyers and "AI" Staff (Contradicting Its Supposed "Investment" in "AI")
Microsoft plans to fire almost half a thousand people in legal roles
2012 Article About the Free Software Foundation Blasting Canonical/Ubuntu Over Adoption of "Secure" Boot (Microsoft's Remote Control Over GNU/Linux Since PCs' Power-on)
By Katherine Noyes (article has since then became 404, not found)
The Microsofters We Sued Helped Microsoft Make GNU/Linux 'Expire' This Year
"Linux and Secure Boot certificate expiration"
linuxconfig.org Joins linuxtechlab.com and Others, Becomes a Slopfarm With Fake Linux 'Articles' (LLM Slop)
They contain "linux" in their domain names, but they are just slopfarms
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
Gemini Links 18/07/2025: Alhena 5.1.8 and Bornhack 2025
Links for the day
How to Top Up a "Limited Liability" With Even More Limitations (Dodging Accountability in the UK)
Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
Free Software Foundation, Inc. (FSF) Inches Towards 75% of Fund-Raising Target
Will the cutoff date be extended again?
Gemini Space (or Geminispace) Grows, But Usage of Certificate Authority Let's Encrypt Drops Further
Ideally, all Gemini capsules should use self-signed certificates
Links 18/07/2025: More Microsoft Layoffs in Activision, The New Stack (Sponsored by Microsoft) Complains About Openwashing
Links for the day
Gemini Links 18/07/2025: OCC25 Gnus for Reading Usenet and RSS Feeds, Small Web Updates
Links for the day
[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
"As LLM slop is foisted onto the WWW in place of knowledge and real content, it now gets ingested and processed by other LLMs, creating a sort of ouroboros of crap."
Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025