Bonum Certa Men Certa

Broader Acceptance in the United States That Software Patents Are Worthless, But Element Data Has Just Paid for Some

Some folks have literally burned their patents

Bin of Software Patents



Summary: The "acceptance" stage follows the agony of the patents 'industry', realising that it is incredibly hard to win in a courtroom any cases with software patents (never mind barriers at the USPTO and PTAB)

"A software patent may take $50,000 and 10 years to obtain, at which point the technology is obsolete," says this new article (from yesterday). Indeed, software patents are a waste of time and money, more so after Alice (2014). Why is anyone ever willing to pursue these? According to recent rumours, USPTO examiners may soon abolish software patents.



"Every computer program is abstract. This means that using words like "technical", "invention", "effect" or "device" (or pseudo-novelly buzzwords like "IoT" and "cloud") won't change the underlying nature."Yesterday we saw another new example of the patent microcosm pretending not to understand that software patents -- as per Alice as well -- are abstract and thus passé. Here is what Patently-O wrote:

One of the struggles of the Subject Matter Eligibility test is understanding the definition of the legal term “abstract idea.” The Supreme Court has used the term “abstract” in many other areas of law – perhaps most pointedly in the area of standing and the requirement of a concrete, non-abstract harm.


Every computer program is abstract. This means that using words like "technical", "invention", "effect" or "device" (or pseudo-novelly buzzwords like "IoT" and "cloud") won't change the underlying nature. Expert witnesses don't care for terms like "AI" and certainly not "over the Internet" or "on a phone". They're beyond all that marketing. They can deconstruct the concepts and it all boils down to algorithms, reducible to mathematics.

It's 2017, so of course software patents are no longer defensible in court. They're found to be invalid almost every time, yet yesterday this software patents booster wrote: "Its Monday, so of course IBM had patent application rejected as "abstract idea" by PTAB: https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2016005041-10-31-2017-1 …"

"It's 2017, so of course software patents are no longer defensible in court."Rightly so. This is the same IBM which lobbies hard against Alice and uses dirty tricks for that lobbying. We wrote many articles about that.

And speaking of software patents, this Microsoft-aligned site now speaks about Element Data buying patents of Auguri, a company with just half a dozen employees.

Element Data announced another acquisition today. The Seattle-area machine learning startup has purchased the technology assets and patents from Auguri Corporation, a small Silicon Valley company that describes itself as “a decision support software platform.”

Auguri employed six people and will shut down as a result of the deal. Its chairman, Fadi Micaelian, will join Element Data as its new senior vice president of innovation and partnership, and will remain in California.


Google reveals quite a few patents of/regarding "Auguri Corporation" and peeking at a few of these, they're software patents. If Element Data thought it was getting a bargain with these patents (not people), it would be wrong. The headline says "Element Data buys patents," but what if none of these is enforceable in court?

Recent Techrights' Posts

Video: University in Peru Honours Richard Stallman
Tomorrow, January 20, Richard Stallman speaks in France
FOSDEM is Called "FOSDEM" Because of Richard Stallman (RMS)
The overlap there seems timely; yesterday RMS spoke in French-speaking (in part) Switzerland where questions in French were accepted
January 20: Richard Stallman Talk in Europe
evening time in Europe, around midday in the United States and Canada
 
Links 19/01/2025: TikTok (Fentanylware) Now Banned in the US, Convicted Felon Talks to Fentanylware CEO and Pooh-Tin About Undoing the Ban Despite the Supreme Court Unanimously Upholding It
Links for the day
FTC Realises Microsoft Buying Fake 'Clients' to Fake "Revenue" (Microsoft 'Buying' Services and Products From Itself!)
Ponzi scheme
Total Lock-down Ambitions - Part III - The Web Browser as DRM Pusher
A lot of "streaming" stuff is DRM
IBM Termination Story and Information From Microsoft About Mass Layoffs
In 2 weeks of 2025 Microsoft already had 2 waves of layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 18, 2025
IRC logs for Saturday, January 18, 2025
Links 18/01/2025: Restoring the Great Wall of China and Economic Expansion in China
Links for the day
Guardian Digital (linuxsecurity.com) is Spamming the Web With Microsoft's Promotional LLM Slop About UEFI 'Secure' Boot (Which is Against Real Security)
This is an attack on honest journalism
Links 18/01/2025: TikTok's Endgame, "Car Freedom", and Spying in Cars 'Fines' GM (Settlement)
Links for the day
Links 18/01/2025: Apple Getting Out of Hey Hi (AI) Slop (Too Much Misinformation), Chaffbots/Chatbots Try to Settle Copyright Infringement Lawsuits
Links for the day
What Fake News Sites Are Doing to GNU/Linux
The LLM slop about Linux serves two purposes
Links 18/01/2025: Microsofters Upset at Microsoft's Ridiculous Rebrands (Excuse for Massive Price Hikes), Chaffbot Company ('Open'AI) Faces More Lawsuits
Links for the day
Gemini Links 18/01/2025: Surge in Illnesses, ctags, and Gemsync
Links for the day
Slopwatch: Too Lazy to Write Real Articles, Offloading to Chatbots Instead (LLM Slop About "Linux")
The Web was already full of garbage before the LLM frenzy. Now it's even worse.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 17, 2025
IRC logs for Friday, January 17, 2025
RMS 'Inauguration' in Montpellier (Government Administration) on January 20th
Happy hacking
Even Technical Articles and HowTos From UNIXMen Nowadays Seem to be LLM Slop
We've just permanently removed the RSS feed of UNIXMen
The FSF's 2024 End-of-Year Fundraiser Succeeds: Over $400k to Support Software Freedom
That's worth bringing up again because the SFC is trying to 'crash' this achievement of the FSF
[Meme] Fentanylware (TikTok) Banned in the United States, Next Up European Union (EU)
And the United Kingdom (UK)
President Biden is Right, "Free Press is Crumbling" and the United States Exports Its Media-Hostile Culture to Other Continents
perhaps Biden should pay closer attention to how Donald Trump-inspired Americans take their battles to other continents
Links 17/01/2025: TikTok Banned by the United Stated (SCOTUS Rejects Appeal)
Links for the day
Software Freedom Conservancy Inc (SFC) Makes It Obvious It's Just a Copycat Trying to Exploit or Leech Off the FSF's (and GNU's) Work
They swim next to the rich people (who "match")
Links 17/01/2025: Fentanylware (TikTok) Herds Its (Drug) Users Into Even More Harmful "Apps"
Links for the day
Guardian Digital, Inc (linuxsecurity.com) Uses Microsoft-Controlled Front Groups and LLM Slop in Order to Spread Microsoft-Directed Anti-Linux FUD
Microsoft garbage likely produced by Microsoft LLMs, spewing out Microsoft FUD
Likely Fake 'Article' About Linux Mint 22.1
BetaNews fired up its plagiarism machine (LLM)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 16, 2025
IRC logs for Thursday, January 16, 2025