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

SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
 
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026