Bonum Certa Men Certa

Stop Software Patents to Put an End (or a Near End) to Patent Trolls

It boils down to law, not lawyers whose principal client is themselves

Law library



Summary: Commentary about the software patents and patent trolls debates, which are inherently similar and very highly -- not just intrinsically -- correlated

ANOTHER day goes by and another law firm, Seyfarth Shaw LLP in this case, writes about Alice -- or a high-level decision that led to mass invalidation of software patents in the United States.



"They might even have to change their career and do something practical, not parasitic."The patent lawyers are rightly concerned about the fate of post-Alice lawsuits. To them, the patent lawyers, this is a potential disaster. They might even have to change their career and do something practical, not parasitic. As the lawyers put it: "The Supreme Court’s Alice decision clearly indicated a dramatic shift in the way software patents are treated by the courts and reduced software patent litigation in the process. One defendant took this a step further and moved for attorneys’ fees against a patent owner – simply for continuing to assert a software patent post-Alice."

That would further contribute to reduction in litigation. To lawyers, business means lawsuits and armament for lawsuits.

Another law firm, and no ordinary law firm (but a very loud proponent of software patents), has become exceptionally sceptical of Mark Cuban's position on software patents [1, 2, 3, 4] -- a position in which he put money, with the aim of eliminating "bad" patents or software patents (or trolls, depending on what the people he has hires claim to be standing for on some given day at the EFF).

Mr. Cuban is nowadays being mocked for his views on software patents -- views which patent lawyers could barely ever tolerate. They view Mr. Cuban as a threat. According to an E-mail interview, Mr. Cuban "wrote software for 10 years," so he comes from a position of understanding of the underlying process and thus he can explain why patents are not suitable for this domain, namely software. To quote some of the parts about software patents:

QUINN: In the past you have said that software patents should not exist. I have no doubt that is your honest opinion, but I wonder why you single out software patents in particular? Whether a process is carried out in software versus being carried out in hardware is really a design choice. Why should processes carried out by hardware be treated differently than those directed by software?

CUBAN: Code is code. Where it runs doesn’t matter. So it’s not different. I wrote software for 10 years. Not much, if anything, is completely original in software. Like Jobs said, it’s all a remix.

[...]

QUINN: I assume if you could make one change to the patent system it would be to eliminate software patents. Aside from the elimination of software patents, if you could make one other change to the patent system or patent litigation system what would that change be and why?

CUBAN: Getting rid of software patents or at worse limiting them to 5 or 7 years is a huge step forward. After that, if you don’t utilize the patent in a product or service, somewhat similar to how a trademark works, you lose it. I would also disallow patents created without knowledge of the other. If multiple people INDEPENDENTLY come up with the same or comparable idea within a given time frame then to me, it can’t be original.


In other news, software patents are again being used by a patent troll (the trolls' weapon of choice is software patents) and the number of defendants keeps growing, especially in the trolls' capital, the Eastern District of Texas. To quote the article: "Fresh from suing DraftKings, Inc. and FanDuel, Inc. in the Eastern District of Texas over purported patent infringement of its computer-based interactive gaming systems, Virtual Gaming Technologies, LLC has gone on a full-court press against several more entities, most notably the NFL.

"Virtual Gaming launched complaints accusing DraftPot, LLC; DraftDay Gaming Group, Inc.; ESPN Internet Ventures and NFL Enterprises, LLC on claims the defendants copied the technologies and inventions in connection with United States Patent Numbers 5,860,862 (“the ‘862 patent”) and 6,193,610 (“the ‘610 patent”) “in a relentless effort to expand its market share and profit from the use of infringing” the aforementioned gaming systems."

How does this benefit innovation? If there were no software patents, this troll would not have existed.

Here is another new article on the subject:

Patent trolls: Extortion at the expense of innovation



An unforeseen burden has plagued Connecticut businesses over the last decade. Between 2005 and 2015, a practice known as "patent trolling" has increased fivefold.

Patent trolls use vaguely written patents to threaten or file frivolous lawsuits against their victims, mostly small and medium-sized business owners. Then they take advantage of the extremely high cost of patent litigation to force settlements, even when the victim knows they've done nothing wrong.


What a lot of these writers and groups fail to grasp is that without software patents a lot of these trolls wouldn't even existed in the first place. The nature of software development is unique because of the ease and low cost (usually %0) associated with copying. It has been estimated that around 70% of troll lawsuits involve software patents.

The United States need to get its act together and axe software patents formally. That would, in due course, help drive patent trolls out of business.

Recent Techrights' Posts

IBM is Becoming "Garbage In, Garbage Out" (GIGO) "Just like Arvind and Krabanaugh." (CEO and CFO, Respectively)
There are some decent new comments about IBM this morning
If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs
 
IBM's Accounting Claims Don't Add Up
IBM is an enigma. To Wall Street is claims to be doing extremely well, but insiders tell the complete opposite.
Links 13/02/2026: "Cofounders Fleeing MElon’s xAI" and IOC Opposes Solidarity With Ukraine's Fallen
Links for the day
Gemini Links 13/02/2026: Square Function with Diode Network and Calls Against Discord
Links for the day
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Mainstream Media Intentionally Ignoring EPO Strikes
“EPO on Strike!”
Jeffrey Epstein crypto disclosure: uncanny timing, Bitcoin demise, pump-and-dump, ponzi schemes
Reprinted with permission from Daniel Pocock
Gemini Links 12/02/2026: Avoiding Coffee, Trying Ubuntu, and "Open Source Robot"
Links for the day
Microsoft Slop CEO Speaks of Layoffs
They will go along with the "replaced by AI" baloney
In Systematic Contempt of the British High Court, Brett Wilson LLP Spent Two Years Lying to Courts and Breaking Rules Against Us
We criticise Brett Wilson LLP quite lot because of its conduct
IBM Kyndryl as "Aggressive “Enron” Accounting"
IBM Kyndryl continues to nosedive today
Relationships evidence: Tiago, Tassia, Thais, Antonio & Debian favoritism, nepotism
Reprinted with permission from Daniel Pocock
Debian pregnancy cluster: why it is public interest
Reprinted with permission from Daniel Pocock
IBM Bubble Deflating After James Kavanaugh's Accounting Trick With 'Toxic Assets' Comes Under SEC Scrutiny
If something goes up based on false speculations, bonus numbers and self-serving lies, then it'll come back down, eventually...
The EPO's Corruption and Violation of Rules is Spreading to the United Kingdom (Software Patents)
Yesterday a letter was sent to the chief regarding salaries while reminding him of the next strike, which is only 11 days away
State of the Slop, Slopfarms Containment
Slopfarms still exist this year, but their visibility is limited
IBM Continues Tanking Today, Already $58+ Lower Than Recent High, Insiders Explain Why
The same CFO from the inception of Kyndryl is still the CFO at IBM
Links 12/02/2026: Pushback Against, "NATO Is Expected to Step Up Arctic Security"
Links for the day
Links 12/02/2026: "Microsoft Just Forked Windows" and Windows Notepad is a Giant Security Hole
Links for the day
Put Criminals in Prison, Not People Who Report the Crimes
Can people be sent to prison for opposing crime?
Windows Has Become Increasingly Irrelevant
There's a very massive wave of layoffs coming Microsoft's way
Our Most Successful Year Ever
The hired guns in London are eager to turn the UK into another China
Slopfarms Waning, But Not Extinct Yet
Metrics show that usage of LLMs is declining
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 11, 2026
IRC logs for Wednesday, February 11, 2026
IBM's Stock is Crashing
If it follows the trajectory of its satellite Kyndryl, it can fall and reach as low as $75
Gemini Links 11/02/2026: Sunny Morning and "KiCad Aims to Ease Linux Installation"
Links for the day
Microsoft Loses Ground in Switzerland
One issue is, Google and Apple seem to gain at Microsoft's expense
Microsoft Layoffs Must be Very Near (and Very Large)
just like IBM
Bringing Attention/Awareness of EPO Corruption and Cocaine Use to the Mainstream Media
What has Europe become? Prey to vultures?
The Solicitors Regulation Authority (SRA) Delusion - Part V - Everyone Seems to Agree That SRA is a Sham
We're going to start a new series soon
A Can of WORMS - Part V - Up Next: The Comeback of RMS in the United States
Guess who funds the cancellers
Threats From 'Former' Red Hat (Now IBM) Staff While IBM's Likely Accounting Fraud Attracts Public Scrutiny
We must be getting "warm"
Matthew J. Garrett Has Just Sent a Threat to Put My Wife and I in Prison Because His Own Spouse Says He's a Rapist
What really intimidates him is his own spouse
Gemini Links 11/02/2026: Terminator Trilogy and Lagrange in the Apple App Store
Links for the day
Links 11/02/2026: Fentanylware (CheeTok) for ICE, Jimmy Lai Shows Journalism Became 'Crime' in Hong Kong
Links for the day
With Firefox Measured at 2% in the United Kingdom Time is Running Out for Web Site Support for Gecko/Servo Users
The open Web is rapidly dying while Mozilla celebrates and champions slop
Lawsuit reactions: EFF behaviour reveals zombification, censorship
Reprinted with permission from Daniel Pocock
Links 11/02/2026: $700 Billion Slop Bill, Social Control Media Under Political Fire for Deliberate Health Harms
Links for the day
Amended Input From Software Freedom Institute for EU Consultation on Free Software
"On 3 February 2026 Software Freedom Institute lodged a submission with the European Commission's inquiry into Open Digital Ecosystems"
Mobbing at the European Patent Office (EPO) - Part VI - Attacks on Staff and Attacks on the Law Merit Another New Series
new series coming shortly
Nadella's Mindless PR Spam Ahead of the Layoffs 'Snowball' (Adding Up Batches) Turning Into an Avalanche
Based on recent observations, the more puff pieces we see about Nadella, the closer we get to Microsoft "pulling the trigger" on mass layoffs
When Happens to Red Hat If (or When) IBM Collapses
IBM is in flux because its CFO is now implicated in what seems like accounting fraud
IBM's Financial Engineering (Accounting Fraud) Shell, Kyndryl Holdings Inc, is Insolvent
If this was done by the very same people who still run IBM, can we expect any better from "Sugar Daddy" IBM?
2026 a Very Productive Year and We Have Many Big Stories to Tell
maybe we'll produce 8,000 new articles/pages by year's end
Clownflare is in Trouble as Its Debt More Than Doubled in Less Than a Year, Expect Further Enshittification
Clownflare isn't free
After the Next Wave of Microsoft Layoffs Washington State Could be #1 for US Layoffs
Microsoft Corp shares were down yesterday
EPO's Local Staff Committee The Hague (LSCTH): The EPO is Generally “Managed by Excel” (Microsoft)
The current management has basically defined corruption to be "success"
With an IBM Company Down Over 75% After Apparent Accounting Fraud the IBM Insiders Want Answers From James Krabanaugh
He has no technical qualifications
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 10, 2026
IRC logs for Tuesday, February 10, 2026