Bonum Certa Men Certa

Almost Six Months After Iancu Said He Would Make Software Patents Great Again Nothing Has Actually Changed

A hoax like the person who gave him the job (after he had worked for him)

Trump and Iancu



Summary: We're just a fortnight away from the ludicrous plan of Iancu celebrating 6 months (without accomplishing anything)

AT THE beginning of January there was a now-infamous (and unsuccessful) attempt to bring back software patents. There's plenty of 35 U.S.C. § 101 and U.S. Patent and Trademark Office (USPTO) news in our next daily links and it's still good news because nothing has changed. They can't quite bring these patents back; courts keep rejecting these; new rejections can be found in Federal Circuit cases and Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs). The patent maximalists have just about given up. They hardly even write anymore.



"The patent maximalists have just about given up. They hardly even write anymore."Watchtroll wrote as recently as yesterday (in headlines) that “After Alice: IP Stakeholders Comment on Alice’s Impact Five Years On” (they only quote parasites, as one can expect) and John Vandenberg is trying to revive that staged 'debate' from about a fortnight ago. Watchtroll must be rather upset that even Coons, with over a million dollars in bribes from law firms, could not overturn SCOTUS on Alice. These people are still incredibly sore and largely pessimistic because they cannot defeat or even water down 35 U.S.C. § 101/Alice. They've even just published "Perspective: Weakening Alice Will Weaken the U.S. Patent System’s Second Engine of Innovation" and all sorts of other nonsense. No programmers ever write there; it's a parade of law firms and trolls.

Michael Borella has just shown that the Trump-appointed Iancu and his judge-bashing flunkies (he used to work for his company!) are trying to come up with other names/misnomers for abstract patents (e.g. “Computer-Implemented Functional Claiming”) and "there is a growing likelihood that Congress will strengthen § 112 in an attempt to disambiguate § 101". From Borella's post: (promoted in this tweet of theirs)

On June 11, 2019, the U.S. Patent and Trademark Office held a public presentation -- a patent quality chat -- regarding the interpretation of computer-implemented claims using functional language under 35 U.S.C. § 112. Mostly, this presentation was an overview of the USPTO's January 7, 2019 Federal Register notice on the same topic. But, there is a growing likelihood that Congress will strengthen § 112 in an attempt to disambiguate § 101 (see the recent Senate Subcommittee on Intellectual Property testimony and the current draft bill). While most of the presentation was a reiteration of existing law and USPTO practice, taking another look at the current state of § 112 and where it may be going for computer-implemented inventions is a worthwhile effort.

The presentation begins with an acknowledgement that the Federal Circuit has raised issues with broad, functional claiming of software technologies without adequate support in the context of both § 112 and § 101. The USPTO's position is that these problems can be addressed by properly applying § 112.


So basically they admit they cannot quite change § 101 and instead try to come up with a trick. But courts won't care. Moreover, judges can see exactly what Coons et al are attempting to achieve here and who funds them. This is more likely to further alienate courts, not sway their judgment. Deep inside the patent maximalists know it.

Recent Techrights' Posts

Security Isn't the Goal of Today's Software and Hardware Products
Any newly-added layer represents more attack surface
Godot 4.2 is Approaching, But After What Happened to Unity All Game Developers Should be Careful
We hope Unity will burn in a massive fire and, as for Godot, we hope it'll get rid of Microsoft
 
About 200,000 Objects in Techrights Web Site
This hopefully helps demonstrate just how colossal the migration actually is
Good Teachers Would Tell Kids to Quit Social Control Media Rather Than Participate in It (Teaching Means Education, Not Misinformation)
Insist that classrooms offer education to children rather than offer children to corporations
Twitter: From Walled Gardens to Paywalls and/or Amplifiers of Fascism
There's moreover a push to promote politicians who are as scummy as Twitter's owner
The World Wide Web is Being Confiscated From Us (Like Syndication Was Withdrawn About a Decade Ago) and We Need to Fight Back
We're worse off when fewer people promote RSS feeds and instead outsource to social control media (censorship, surveillance, manipulation)
Next Up: Restoring IRC Log Pipelines, Bulletins/Full Text RSS, Wiki (Archived, Static), and Pipelines for Daily Links
There are still many tasks left ahead of us, but we've progressed a lot
An Era of Rotting Technology, Migration Crises, and Cliffhanging
We've covered examples from IBM, resembling the Microsoft world
First Iteration of Techrights as 100% Static Pages Web Site
We want to champion another decade or two of positive impact and opinionated analysis
Links 25/09/2023: Patent News and Coding
some remaining links for today
Steam Deck is Mostly Good in the Sense That It Weakens Microsoft's Dominance (Windows)
The Steam Deck is mostly a DRM appliance
SUSE is Just Another Black Cat Working for Proprietary Giants/Monopolies
SUSE's relationship with firms such as these generally means that SUSE works for authority, not for community, and when it comes to cryptography it just follows guidelines from the US government
IBM is Selling Complexity, Not GNU/Linux
It's not about the clients, it's about money
Birthday of Techrights in 6 Weeks (Tux Machines and Techrights Reach Combined Age of 40 in 2025)
We've already begun the migration to static
Linux Foundation: We Came, We Saw, We Plundered
Linux Foundation staff uses neither Linux nor Open Source. They're essentially using, exploiting, piggybacking goodwill gestures (altruism of volunteers) while paying themselves 6-figure salaries.
Linux Too Big to Be Properly Maintained When There's an Incentive to Sell More and More Things (Complexity and Narrow Support Window)
They want your money, not your peace of mind. That's a problem.
Modern Web Means Proprietary Trash
Mozilla is financially beholden to Google and thus we cannot expect any pushback or for Firefox to "reclaims the Web" a second time around
GNU/Linux Has Conquered the World, But Users' Freedom Has Not (Impediments Remain in Hardware)
Installing one's system of choice on a device is very hard, sometimes impossible
Another Copyright Lawsuit Against Microsoft (or its Proxy) for Misuse of Large Works by Chatbot
Some people mocked us for saying this day would come; chatbots are a huge disappointment and they're on very shaky legal ground
Privacy is Not a Crime, Reporting Hidden Facts Is Not a Crime Either
the powerful companies/governments/societies get to know everything about everybody, but if anyone out there discovers or shares dark secrets about those powerful companies/governments/societies, that's a "crime"
United Workforce Always Better for the Workers
In the case of technology, it is possible that a lack of collective action is because of relatively high salaries and less physically-demanding jobs
Purge of Software Freedom and Its Voices
Reprinted with permission from Ryan Farmer
GNOME and GTK Taking Freedom Away From Users
Reprinted with permission from Ryan Farmer
GNOME is Worse Today (in 2023) Than When I Did GTK Development 20+ Years Ago
To me it seems like GNOME is moving backward, not forward, mostly removing features and functionality rather than adding any
HowTos Are Moving to Tux Machines
HowTos (or howtos) are very important in their own right, but they can easily distract from the news and howtos are usually quite timeless or time-insensitive
Proprietary Panda: Don't Be Misled by the Innocent Looks of Ubuntu (and Microsoft Canonical)
Given the number of disgruntled employees who leave Canonical and given Ubuntu's trend of just copying whatever IBM does in Fedora, is there still a good reason to choose Ubuntu?
Debian GNU/Linux is a Fine Operating System, But What if People Die Making It for Somebody's Corporate/Personal Gain?
Will companies that exploited unpaid volunteers ever be held accountable for loss of life, caused by burnout, excessive work, or poverty?
Links 24/09/2023: 5 Days' Worth of News (Catchup)
Links for the day
Leftover Links 24/09/2023: Russia, COVID, and More
Links for the day
Forty Years of GNU and the Free Software Movement
by FSF
Gemini and Web in Tandem
We're already learning, over IRC, that out new site is fully compatible with simple command line- and ncurses-based Web browsers. Failing that, there's Gemini.
Red Hat Pretends to Have "Community Commitment to Open Source" While Scuttling the Fedora Community (Among Others)
RHEL is becoming more proprietary over time and community seems to boil down to unpaid volunteers (at least that's how IBM see the "community")
IBM Neglecting Users of GNU/Linux on Laptops and Desktops
Reprinted with permission from Ryan Farmer
Personal Identification on the 'Modern' Net
Reprinted with permission from Ryan Farmer
Not Your Daily Driver: Don't Build With Rust or Adopt Rust-based Software If You Value Long-Term Reliance
Rust is a whole bunch of hype.
The Future of the Web is Not the Web
The supposedly "modern" stuff ought to occupy some other protocol, maybe "app://"
YouTube Has Just Become Even More Sinister
The way Google has been treating the Web (and Web browsers) sheds a clue about future plans and prospects
Initial Announcement of GNU (for Gnu's Not Unix) on September 27, 1983
History matters
Upgrade and Migration Status
Git is working, IPFS is working, IRC is working, Gemini is working
Yesterday in the 'Sister Site', Tux Machines (10 More Stories)
Scope-wise, many stories fit neatly into both sites, but posting the same twice makes no sense logistically
The New Techrights Will be Much Faster
A prompt response to FUD is important. It's time-sensitive.