Bonum Certa Men Certa

Corporate Media, Led Astray by Patent Lawyers, Continues to Distort the Reality of Software Patents Post-Alice

Alice



Summary: The press of the rich and the powerful continues its attempt to preserve software patents, despite the US Supreme Court's decision to abolish a lot of them on the basis of abstraction

LAST WEEK we wrote about corporate media lionising IBM for a hoard of patents. IBM is now preparing to lay off over 100,000 workers, demonstrating that its patent strategy does very little for staff; it's about protectionism and potentially bullying of rivals (something that IBM isn't foreign to). Forbes relays Cringely's remarks that over 100,000 people are to be laid off (Cringely warned about this in his blog and foresaw it for years, based on unnamed sources), but watch this new propaganda piece from the plutocrats' media, USA Today (owned and run by very rich people). It conflates patents with innovation. It is rather telling as it shows gross distortion of the truth. We have become accustomed to this. Whether the authors are willingly or unwillingly dumb (i.e. pushing agenda and misleading readers) is the only unknown. It is well known that patents are not a measure of innovation but mostly a function of paperwork.



Techrights has spent over 8 years and wrote thousands of posts debunking patent myths, but nonetheless, the myths live on and propagate. Earlier this week we saw the 'patent industry' shoving press releases into various sites to rewrite Alice history (watch as others are shamelessly exploiting a dead black man for patent PR) and we continue to see lawyers' Web sites teaching patent lawyers tricks for bypassing patent law, essentially ignoring even Court rulings (from the highest court) to continue doing whatever it wants, all in the name of profit. It is not a sole example. Over the past week we found many other examples that dominate news about software patents [1, 2, 3, 4, 5] and do little more than discredit the Court's decision, acting as though all software patents are still fine and dandy. The patent lawyers who engage in this propaganda/marketing campaign are basically misleading potential clients. The truth of the matter is, courts in the US invalidate and throw out patent lawsuits where the patents are shallow and merely relate to abstract ideas. Patent lawyers prefer to only cover cases where software patents somehow survive a court's scrutiny, as we have demonstrated in recent months. Lies by omission? You bet.

Days ago we found this article titled "Software, the Supreme Court, and 3D Printing: Why You Should Care About Alice v. CLS Bank". Here is a key part: "Software—some mundane, some truly ingenious—runs the printers, scanners, and files that power 3D printing. In the past, inventors and technology owners could comfortably look to patent law to protect the proprietary advantage software inventions gave. But with its June 2014 decision in Alice v. CLS Bank, some say that the U.S. Supreme Court fundamentally changed the rules for software patentability. Since Alice, some believe that courts around the country have been on a software patent killing spree. Because of the large role software plays in 3D printing, those with a stake in the technology need to understand Alice—and the strategies that exist to get around it."

While it is acknowledged that things have changed, it serves to legitimise those who want to "get around" the rules (i.e. cheat). Watch vocal boosters of software patents providing tips on how to cheat (or fool) the system. They also try to give a false impression that software patents are thriving. One statement being made therein: "Software and method patents may appear to have fallen out of favor because of recent court decisions and legislation. However, recent trends indicate that they comprise surprisingly high portions of four US companies’ recent grants." Well, that's not the point. The point is, the USPTO has become more strict and more importantly the courts (where real tests of validity are put forth) do not honour software patents much of the time. The author is of course being selective (two companies only, Microsoft and Google) to support a bogus hypothesis, putting aside the fact that he chose two companies that increasingly turn to patents as their business strategy. One uses them offensively (Microsoft), whereas the other turns to them mostly for defensively purposes (because Microsoft is attacking it with patents).

Companies like Microsoft, which resort to patent abuse and aggression because the monopoly is quickly crumbling, are bound to lose a lot because of the Alice ruling. Patent lawyers too are bound to lose from a sobering society that knows the limits of patenting.

Recent Techrights' Posts

Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day