Bonum Certa Men Certa

Perspectives on the USPTO and Software Patents

Companies caught in a mess



Summary: News about the legal system, patent trolls, and problematic bias in the legal circles

JUST when we thought that the USPTO had hit rock bottom it continued to surprise us with existence-threatening lawsuits and embargoes. Judge Posner, who oversaw a case incorporating both aspects, got a lot of exposure after the Reuters report that had him quoted widely as saying that, based on resultant coverage, patents should not cover software and maybe it's time for reform in the broken patent system because it is out of sync.



"Those who criticise campaigns to abolish software patents are most often patent lawyers..."Ed Burnette complains about the current patent system as well, particularly in light of some propaganda from his colleague "Steven Shaw [who] used to be a litigation attorney at Cravath, Swaine &gMoore, a New York law firm" (how telling). His multi-part propaganda [1, 2, 3, 4, 5] helps show that it's patent lawyers who want software patents, not practising folks such as technical writers.

Those who criticise campaigns to abolish software patents are most often patent lawyers, this particular example being some legal blog that claims to "explore the nexus of legal rulings". Some announcements like this one reveal that, at least in this case, a recruit "focuses his intellectual property practice on patents" (the most controversial form of so-called 'IP').

Here is the hoarding of patents and accumulation of new ones, as in this case. A lot are explicitly covering software because it is legal in the US.

A "UK Computer Software Law Firm" is advertising itself in the context of patents as well, exemplifying the ambitions of UK-based lawyers to make software patentable in the UK as well. To quote: "Patent and trade mark attorney Franks and Co has been named UK Computer Software Law Firm of the Year by Corporate INTL Magazine."

The startup parents propaganda which we wrote about recently is being challenged by some data and as hideous patents are being granted we are also reminded of their toll on society.

Acacia, a patent troll, has just extorted MathWorks, which might make some software like MATLAB more expensive (passage of wealth from non-trolls to trolls).

"Acacia, a patent troll, has just extorted MathWorks, which might make some software like MATLAB more expensive (passage of wealth from non-trolls to trolls)."Here is a new report about the impact of patents on society as a whole. To quote: "A patent is an easy way to make money, but these days not so much for inventing things but inventing concepts to patent. To make money from them, usually someone has to get sued. The process involves a considerable amount of money, starting with paying lawyers, paying court costs, paying for transport, hotels, meals, and so on. All these things add up and they account for every cent as to what a trial would and does cost. [...] Judge Richard Posner, who ruled upon a patent dispute between Apple and Motorola, called Apple's filling "frivolous". The man has got some character to be able to stand up to Apple, and we have to applaud him to having the courage to do so."

The only cases where we see the press advocating software patents (and sometimes patents as a whole) is when the writer is part of the patent litigation pipeline. It has become clear what the public wants, but private interest groups continue to distort policy.

Recent Techrights' Posts

Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
[Meme] The Cancer Culture
Mission accomplished?
 
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work
[Meme] People Who Don't Write Code Demanding the Removal of Those Who Do
She has blue hair and she sleeps with the Debian Project Leader
Jaminy Prabaharan & Debian: the GSoC admin who failed GSoC
Reprinted with permission from disguised.work
Jonathan Carter, Matthew Miller & Debian, Fedora: Community, Cult, Fraud
Reprinted with permission from disguised.work
Techrights This May
We strive to keep it lean and fast
Links 04/05/2024: Attacks on Workers and the Press
Links for the day
Gemini Links 04/05/2024: Abstractions in Development Considered Harmful
Links for the day
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day