Bonum Certa Men Certa

After Ruinous Kappos (Former IBM) Tenure at USPTO the Big Blue -- Along With Front Groups -- Muscles Its Way Into US Patent Policy

IBM also stands for International Bullying Machine, says Florian Müller

IBM logo on media



Summary: IBM's patent zealots continue to make the company look really ugly and growingly hostile towards software developers, even if they are hiding behind front groups like IPO and David Kappos' new shell when they lobby for software patenting in the United States

IBM and its former employee David Kappos (still works for them as a lobbyist) have done despicable enough things already -- things that are purely and unequivocally detrimental to Free/Open Source software or even software developers in general. How much more foolish are they trying to look? Except when they sue smaller companies using software patents? What happened to Samuel Palmisano's IBM? That was the IBM we could actually support.



"What happened to Samuel Palmisano's IBM?""Innovation" is what IBM calls litigation, we must assume, based on tactless tweets like this one. "Innovation fuels economic growth and #patents promote #innovation," it says.

The other day we showed how IBM is lobbying for software patents along with patent maximalists who conveniently (for their wallets) prop up IPO with its shameless lobbying. The so-called "task" for software patenting is led by IBM staff and attorneys who lobby for software patents are obviously supportive. IBM basically wants to restore software patents (their eligibility) by discrediting the examination process, as in this example that says: "That this question has been asked is itself evidence of how conflated #patent subject matter eligibility and obviousness have become - ugh!"

"IBM basically wants to restore software patents (their eligibility) by discrediting the examination process..."This is also what they pay Kappos to say. They're pretending there's some kind of confusion which prevents them from pursuing software patents, which is rather ironic coming from the company that files the lion's share of application and every year tops the list of USPTO patentees. To IBM, at least as far as patents go, nothing is ever enough!

Here, for example, IBM applauds IBM-led lobbying for software patents, linking to this echo chamber (other sites that are pro-software patents). Manny Schecter (IBM's patent chief) gives "More applause for IPO's resolution to amend 35 USC 101 here, though I don't understand the bit about a cocked hat..."

"To IBM, at least as far as patents go, nothing is ever enough!"He never bothered mentioning that it's IBM embedded inside IPO doing this. They're just using it as a front group. IPO, a front group for corporations, tries to write the rules that impact its funders (not the poor, the rich) and Patently-O too dives in with "IPO’s Next Legislative Proposal: 35 U.S.C. 103". It says: "Following IPO’s recent proposal to effectively eliminate 35 U.S.C. 101, a Patently-O reader (“MM”) proposed the following amendment to 35 U.S.C. 103 for the organization’s consideration" (there's no stopping IPO, is there?).

Days prior to this, an article by Dennis Crouch helped this lobbying campaign by IBM et al. To quote:

In a newly published whitepaper, the IPO explains its proposed legislative amendment. [PDF: 20170207_ipo-101-tf-proposed-amendments-and-report]

Following an explanation rejected by the Supreme Court in its eligibility doctrine, IPO explains that the traditional subject matter exceptions including abstract ideas and laws of nature were part of the pre-1952 “invention” requirement. That requirement was eliminated in the 1952 Act in a way that, according to the IPO, should have opened the door to broad subject matter jurisprudence. As the organization sees it, the Supreme Court began to go off track in the 1970s – a path revived in recent years.

With this avenue of legal argument rejected by the courts, the IPO sees itself forced to appeal to Congress for a more direct statement of broad subject matter eligibility.


"IPO proposes to rewrite US law in order to make software patents great again," Benjamin Henrion wrote. Matt Levy wrote a detailed rebuttal to it:

Why IPO Is Wrong About Section 101



It certainly seems that the technology industry is producing better and more exciting products than ever. Virtual reality is becoming, well, a reality; we have drones, self-driving cars, better artificial intelligence, amazing new games, and smarter smartphones. These innovations are all driven by software, even though the landscape for software patents has changed over the last few years due in part to several decisions by the Supreme Court.

This changing landscape has escalated the debate over the role of patents in promoting software innovations. Should we have limits on software patents? Are some “inventions” too abstract to qualify for patent protection? The Supreme Court has answered “yes” to both of those questions.

Bilski v. Kappos, which set the current course for subject matter eligibility under 35 U.S.C. €§ 101, was decided six years ago. Since then, the Supreme Court has decided two more major cases on patent eligibility, Mayo v. Prometheus and Alice Corp. v. CLS Bank. The U.S. technology sector has, despite a general economic slowdown, done fairly well in that time.

[...]

Looking at the IPO’s proposal in more detail, it’s clear that the language is a smoke screen. This amendment would essentially do away with any limits to software patenting. The “exception” that IPO’s proposal leaves open is so narrow as to be non-existent, at least in the technology sector. It excludes from patent-eligibility only those inventions that “exist solely in the human mind.” With the possible exception of patent applications being transmitted telepathically, any invention that’s written down exists outside the human mind. With all seriousness, anything that involves a computer even minimally would fall outside the exception.

[...]

The bottom line is that there’s no evidence of an actual decline in innovation due to Mayo and subsequent cases. Creating chaos because a few patent lawyers are unhappy is hardly good policy. The reality is that the Federal Circuit is doing a generally good job of interpreting Alice, and we should let the court keep going.


"150+ years of case law have held that abstract ideas and laws of nature cannot be patented," United for Patent Reform stressed a few days ago. But what would poor IBM sue over if not software? IBM has made cash cows out of practicing companies that are not IBM. In other words, it has become a patent bully and sometimes (in areas where it doesn't operate, e.g. social media) patent troll. Litigation great again? Is that what they want? If so, then better make IBM bankrupt. The sooner, the better. They're already heading in that direction, having outsourced many of the valuable jobs and sold large chunks of the business to China (notably Lenovo).

Recent Techrights' Posts

Gemini Links 21/08/2025: The Attraction of Back Alleys, Initramfs, and BSD ISPs
Links for the day
On the Internet, Nobody Knows Microsoft and Windows Are Becoming Niche Players Until Data is Shown Correctly, Not Microsoft-Sponsored Articles in Microsoft Publishers
Microsoft controls a lot of publishers and thus it controls information
 
Links 21/08/2025: Covid Cases on the Rise, "Social Media Trolls", Russia's Attacks Intensify
Links for the day
Links 21/08/2025: Stephanie Shirley Dies and "Groklaw Domain Hijacked?"
Links for the day
Search in 2025 (Age of DDoS Attacks Under the Guise of "AI" "Innovation")
One common concern when things go "live" is that any random bot out there can execute queries, pumping up RAM and CPU usage, as happened when we used MediaWiki and WordPress
Using Slop for Images Does Not Make Your Site Look Advanced or Witty, It Just Makes Your Whole Work Look Like Presumed Plagiarism
Lazy slobs and Serial Sloppers use the guise/excuse of "AI" to plagiarise and spam the Web
Financing of the "Hey Hi" (AI) Bubble by Those Who Profit From Planetary Destruction (Global Warming)
It's about personal gain, too
Richard Stallman Will Speak in Ethereum Cypherpunk Congress
it's good to see that the FSF pays considerable respect to it founder, who is moreover invited to speak at events
(At Least) Second Wave of Mass Layoffs in Microsoft This Month
This is not the first time this month that Microsoft has mass layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 20, 2025
IRC logs for Wednesday, August 20, 2025
IBM Operatives Inside The Register MS and More Shady Money to Follow
The Register MS bites every banknote it can sink its teeth into
Slopwatch: Serial Sloppers and Slopfarms in Google News (e.g. Linux Journal and WebProNews)
Google plays an active role (if not deliberately then through utter neglect and carelessness) in plagiarism
Links 20/08/2025: Mass Surveillance Framed as "Artificial Intelligence" (All Old Things Reworded to Misframe Old Computer Issues), Europe Resists Capitulation to US(SR)
Links for the day
Gemini Links 20/08/2025: Trips and Permacomputing
Links for the day
Links 20/08/2025: Oracle Layoffs in India, "AI" Scammers/Profiteers Admit It's a "Bubble", Softbank-Saudi (Oil) Control Tech Companies
Links for the day
Social Control Networks Give You False Metrics to 'Addict' You To Them
Leaving social control media may seem hard, but the same is true for any other addiction
A Lot of What Happened in Twitter Was Bots, Botfarms, and Troll Farms. It's Even Worse Now (Under X.com) and People Are Noticing.
Last month we said the same was happening in YouTube
Microsoft May Have Become - at Least Partially - Like a Boiler Room Scam
Giving imaginary salaries using imaginary tokens based on imaginary value (with restrictions on conversion to cash)
In Vietnam, Microsoft's Search Engine "Market Share" Fell to Almost 0%, CocCoc More Than 5 Times Bigger
Why are people still investing in this company?
All That's Left of MSNBC (Microsoft-NBC) is Microsoft NOW
When plutocrats and large corporations (even deep in debt) buy all the communication channels
The Register MS, Paid to Promote "AI" Hype, Does "Sez" (Says) Pieces
every bubble-funded "news" site tries to make it a story about "AI"
Many Companies Are Run by Liars Who Ride Other People's Money
Or steal it
Before CoreAI There Was Builder.ai
GitHub isn't about "AI" (just a bunch of lies and storytelling for shareholders' patience)
Microsoft Windows in Croatia at New Lows
We've been keeping track of this trend for a while
Using the Best Tool/s for the Job: RSS Feeds and RSS Readers
Use RSS feeds. Reject those "modern" Web things
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 19, 2025
IRC logs for Tuesday, August 19, 2025
Gemini Links 20/08/2025: Neovim, XML, and Alhena 5.2.9
Links for the day
Accessibility Isn't Overrated
Making things simpler typically means better accessibility
The Register's Slopfest
Remember when The Register UK (yes, UK) had better standards?
Latest Version of Windows (Vista 11) is a Failure 4 Years After Its Fake 'Leak'
Vista 11 became more scarce this month
Improving Our Archives
Our old archives are still accessed a lot. Making them better is well worth the investment.
Things One Learns as a Litigant in Person at the UK High Court
Don't fear the official manuals
Slopwatch: Lots of Fake Articles From Fake "Linux" Sites and About "Linux"
Google says it's committed to "AI" (it means slop, not AI); that seems like an excuse to dodge accountability
Links 19/08/2025: "Eavesdropping on Phone Conversations Through Vibrations" and Air Canada in Chaos
Links for the day
Gemini Links 19/08/2025: Niche Spaces and "AI Pasta Sauce"
Links for the day
Links 19/08/2025: "NASA Is Giving Up on Climate Change Science" and "Earth's Continents Are Drying Out at an Unprecedented Rate"
Links for the day
Microsoft said “GitHub and its leadership team will continue its mission as part of Microsoft’s CoreAI organisation.” But it's just an empty shell created earlier this year.
In short, it's not too clear what Microsoft has just done except dumping GitHub - i.e. mostly a Web site that loses a ton of money (it always lost money) - into some mysterious new bucket
Phil Wyett evidence & Debian Zizian plagiarism, modern slavery tendencies
Reprinted with permission from Daniel Pocock
IBM Layoffs in MCC, or Marketing, Communications and Corporate Social Responsibility (CSR)
IBM and Microsoft inflate their share price by circular financing
In Many Countries People Move Away From Vista 11
Vista 11 has been available for download for 4 years already, but adoption has been poor
Desktops/Laptops Fall to All-Time Lows in the UK, So Why Does British Media Quote a Famous Criminal on "End of the Smartphone Era"?
mobile usage (for Web access) has never been higher, based on an Irish surveyor, statCounter
The Groklaw Web Site Has Been Hijacked by Scammers
Groklaw.net isn't a safe site to access at this time
The Register MS gets Lazy, Uses Slop
Unlike 3-D renderings or "Classic" CG, slop images aren't quite original and definitely not fair use
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 18, 2025
IRC logs for Monday, August 18, 2025
Online Safety Act Does Not Tackle the Worst (and Biggest) Culprits
if our governments are serious about tackling online harms, then they need to look closely at GAFAM and social control media giants
Chat Control (1 and 2) in the European Union Sends the Wrong Message
This is an EU law
Slopwatch: Google News and Serial Sloppers (Fake Articles About "Linux")
Calling out the culprits
Gemini Links 19/08/2025: Digital Legacy and Chat Control
Links for the day