Bonum Certa Men Certa

As Electronic Frontier Foundation (EFF) Ramps Up Its Campaign Against Software Patent Trolls the Patent Microcosm Attacks the Messenger (EFF)

A new campaign regarding Alice Corp. v CLS Bank is launched by the EFF, triggering an attack by the lobby that tries to undermine this decision

IP Watchdog and EFF We saw Watchtroll doing this before...



Summary: In an effort to thwart Alice and the EFF (two birds, one stone) the patent microcosm goes behind the scenes and saturates the media with misleading articles, including attacks on the EFF itself

THE EFF, having observed the damage caused by US-granted patents to practicing companies (typically software patents wielded by patent trolls), fights back.



Its latest target is the STRONGER Patents Act, which we covered before. It explains "How the STRONGER Patents Act Would Send Innovation Overseas", having explained last month that there is "No Evidence that "Stronger" Patents Will Mean More Innovation". To quote:

Right now, the patent lobby—in the form of the Intellectual Property Owners Association and the American Intellectual Property Law Association—is demanding “stronger” patent laws. They want to undo Alice v. CLS Bank and return us to a world where “do it on a computer” ideas are eligible for a patent. This would help lawyers file more patent applications and patent litigation. But there’s no evidence that such laws would benefit the public or innovation at all.

One of the primary justifications we hear for why patents are social goods is that they encourage innovation. Specifically, the argument goes, patents incentivize companies and individuals to invest in costly research and development that they would not otherwise invest in because they know they will be able to later charge supracompetitive prices and recoup the costs of that development.


This push from the Intellectual Property Owners Association and the American Intellectual Property Law Association was mentioned here last month and we have some detailed articles about that coming soon. We have a lot of material/evidence related to this, so it might take a while to organise and put together.

We are gratified to see that the EFF, Patent Progress and various other groups already wake up and respond to this threat. We are generally very glad to see the EFF, which is well funded, picking up these battle against software patents because it lets us concentrate on the issues in Europe. The EFF's approach used to be rather weak (squashing one patent at a time). Days ago they started a whole series of articles about Alice -- a series which includes stores like this one:

A Startup Runs Into A Patent on Picture Menus



[...]

If you’ve ever seen a picture menu, you’ve seen the supposed ‘invention’ claimed by U.S. Patent 6,585,516. Although it had a complex-sounding title (“Method and system for computerized visual behavior analysis, training, and planning”), the patent simply claimed using picture menus on a computer. Patent troll DietGoal Innovations, LLC, sued over 70 companies for supposedly infringing this ridiculous patent.



"Saved by Alice: How a Key Supreme Court Decision Protects Businesses from Bad Patents" is another new article on the matter and then there's "Small Business Fights for its Life, Wins with Alice" and "The Patent Troll and the Scavenger Hunt". To quote a portion:

But Ken’s new business hit a roadblock. On January 6, 2017, a patent troll called Locality Leap, LLC, sued Coopercode alleging that Klikaklu infringed U.S. Patent No. 6,320,495 (the ’495 patent), entitled “Treasure Hunt Game Utilizing GPS Equipped Wireless Communications Devices.” The patent claimed a method of playing a game that involves receiving a message, generating a message, and then having a player move to a location based on those messages. It didn’t involve any new technology. Rather, it suggested using messaging and GPS technology to assist with the age-old pastime of treasure hunts.


Well, IBM and Microsoft lobby against this (Section 101 and Alice), but with heavyweights like the EFF entering the scene we expect the lobby to fall flat on its face. We should not take the opposition for granted, for we already see it coming under attack.

How to attack Supreme Court decision (Alice) against patent maximalists? Simple. Shoot the messenger, or the EFF. Watch what patent maximalists have published ("Alternative Facts on Patent-Eligibility from the Electronic Frontier Foundation"). Quite a few patent maximalists already link to this with glee and it was pushed into other sites (maybe paid-for copies, hosted where Google News will pick this up too). So the approach of patent maximalists when losing their power is to attack the EFF (the messenger). It's not the first time that they do this. We've covered other such attacks before. The problem with these attacks is that they can be effective. Watchtroll, for example, is indexed by Google News and if one searches Google News for anything patents-related, we estimate that about 90% of the results will be pure marketing, not journalism (either articles by the patent 'industry' or ones that quote it). They dominate information channels by throwing money at it and they are attempting to impose their world view while technical people -- those affected by software patents -- are mostly apathetic. They don't seem to get involved in writing to politicians or writing for Web sites. They're too busy writing just code.

Recent Techrights' Posts

What Do People Ever Buy From Microsoft Anyway (Not PCs)?
Microsoft sells two things these days: 1) vapourware/promises. 2) its stock.
Gemini Links 20/02/2026: "Mainstream Unix, Underground Unix", Slop Staging DDoS Attacks Against Small Sites
Links for the day
IBM Inclusivity: Red Hat Summit is for Rich Sponsors Like Microsoft and Rich Guests Who Pay $500 a Day
Nothing signals societal tolerance more than paying a large military contractor
IBM Behaves Like a Company Looking for Loose Change Between Sofa Cushions
Chasing laid-off workers for dollars and even pennies, making excuses and devising loopholes (such as PIPs) to flout severance obligations
 
Links 20/02/2026: Standards, Science, and Politics
Links for the day
GNU/Linux Adoption is Higher in Richer Countries
Is it because freedom is actually expensive - something that only privileged people can pursue?
Links 20/02/2026: Windows TCO Versus Deutsche Bahn, Europe Seeks More Independent Digital Future
Links for the day
IBM, Red Hat and Fedora: Don't Say "Master", It Offends People. Also IBM, Red Hat and Fedora: "Master Podman".
The hypocrisy at Red Hat and Fedora shows no boundaries
IBM Layoffs Aren't Just in IBM 'Proper'
Who is still using Lotus after the HCL move?
The Register MS Gets Paid by Gartner to Promote a Ponzi Scheme for Gartner, Microsoft, and Others
The credibility of that site will suffer because it tries to sell a major scam to its audience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 19, 2026
IRC logs for Thursday, February 19, 2026
Gemini Links 19/02/2026: "Towards a Gemini Famicom Resource" and Dumping Microsoft
Links for the day
Microsoft Found Another Bailout Opportunity: Killing People
Good thing that Nadella is not racist!
No "Smart Mobs" (Social Control Media) in BRIC?
It looks like the "Social" "Media" sites tracked by statCounter see little from (or of) BRIC, and moreover it is declining fast
The Few Slopfarms We Saw Today
The sentiment has changed a lot
Links 19/02/2026: Protecting Framework Laptop 13, Hardware Drive Shortages
Links for the day
In Africa's Second-Largest Nation, Democratic Republic of the Congo (DRC), Opera 10 Times Bigger Than Firefox (and GNU/Linux Now at 5%)
This will become an accessibility problem
Links 19/02/2026: "A.I.pocalypse" Inevitable and "Butlers to LLMs"
Links for the day
An Inherently Royal (Monarchs') Legal System Where Size Matters (Big Capital Eats the Small)
This reinforces the notion that justice is only for those who can afford it
These Statistics Should Keep Microsoft Shareholders Awake at Night
Windows is, in general (all versions collectively), declining over time
Economic Failure and Other Harsh Realities Have Nothing to Do With Slop 'Innovation'
Advanced propaganda, not advanced 'AI' [...] They attack workers while insulting their intelligence
Spaniards Shutting Down MElon's Digital Weapon of "Smart Mobs"
Are the Spanish people already acting based on gut feeling and shunning/shutting out the provocation vector?
Bitcoin: government engagement contradictions
Reprinted with permission from Daniel Pocock
Richard Stallman in the United States - Part II - "Haters Gonna Hate"
we shall carry on with this series at the right pace
Typical! Solicitors Regulation Authority (SRA) Tells Victims of Fraud to Wait 10 Weeks
justice delayed is justice denied
EPO Union Leaders in Rijswijk Explain Where EPO Strikes Stand and How to Prepare for Next Week's
We have some revelations to share in a few days
statCounter: Only One in 350 Iranians Would Use Microsoft for Web Search
Microsoft is trying to fake "demand"
Slides Shown a Week Ago by the EPO's Staff Committee Ahead of the Second Very Large Strike
This coming weekend we'll drop a 'bombshell' of sorts
EPO "Cocaine Communication Manager" - Part II - Illegal Drug Addicts Mobbing the Wrong People, This Will Definitely Backfire
This year may well be the last year of Team Campinos. Nobody will hire them after that.
Mass Layoffs (But Silent Layoffs) Still Happening in IBM, You Need Only Look Closely (There Are NDAs, PIPs, 'Early Retirement' Sweeteners and IBM - Like Microsoft - Skirts the WARN Act)
the layoffs are definitely happening
Microsoft's "AI CEO" (Slop Propagandist) is Projecting, Many Microsoft "Jobs to be Replaced With All-Indian Low-Paid Staff in 12 Months"
Windows is perishing
Very Little Slop
We are not finding much slop anymore
Links 19/02/2026: Illegal Kangaroo Court for Patents Attracts Aggressive Firms, Public Domain Review Grows
Links for the day
Gemini Links 19/02/2026: Taxing the Rich, Raspberry Pi 4 Tinkering
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 18, 2026
IRC logs for Wednesday, February 18, 2026
Links 18/02/2026: DMCA Weakened, Anna’s Archive Still Thriving
Links for the day
Links 18/02/2026: Gig 'Economy' Condemned, Microsoft Insulting/Stressing People With False Slop Predictions
Links for the day
Twitter Falling to 1% in Africa's Largest Nation (Algeria)
About 15 years ago the regime in Egypt got toppled (and others had been too) partly because of social control media such as Twitter
"How Many Friends Do You Have?"
"Do bots count?" "Friends in Facebook?" "Does a girlfriend chatbot count as a friend?"
Solicitors Regulation Authority (SRA) Responds to Crises Only After It's Way Too Late
The SRA does not do its job. The new chief's job is face-saving PR in the media.
The Techrights Team Makes the Platform Faster
The infrastructure is already fast
Mozilla Firefox Died in Afghanistan
Mozilla has been a complete disaster
Gemini Links 18/02/2026: Astronomy and Texinfo
Links for the day
Are IBM CEO and IBM CFO Ready for Financial Audit That Topples the Shares by 50% in One Day?
The same "chefs" that cooked up Kyndryl Holdings Inc are still in charge of the IBM kitchen
France Does Not Need Digital Weapons Disguised as Social and as Media
French people lost interest in Social Control 'Media' (or Networks)
"Senior AI Reporter" at Slop Technica/Ars Sloppica Has Written Nothing in Nearly a Week, Did Conde Nast Suspend Him for Fake Articles With Fake Quotes?
Slop Technica/Ars Sloppica is having a serious credibility issue right now
Linux Foundation Puts Slop Images, Not Just Slop Text, in Linux.com
More of the same then
The Register MS Paid-for 'Articles' (Ads) Seem to be LLM Slop Again
If it's true that The Register MS is resorting to these marketing tactics, will they later delete the evidence (as they did months ago)?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 17, 2026
IRC logs for Tuesday, February 17, 2026