Bonum Certa Men Certa

The Parallel Universe of Patent Lawyers

Legal failure

O. J. Simpson



Summary: A look at several new items of interest and what they can teach us

TECHRIGHTS does not expect to be read by many patent lawyers. It would seem too insulting to them, not because of strong language but because patent lawyers have a different reality in their minds -- one where they are necessary and even guardians of innovation.



We always see patent lawyers pretending to be part of the industry rather than parasites to those who drive the industry (the producing industry, not meta-industries). To monopolists, those patent lawyers do serve an important role. They are a guardian against competition. Their role is to narrow down the industry, removing choice, increasing fear, and contributing mostly to stress and waste of time. The assumption that if something is profitable then it must be good to society is very misguided. Almost equally misguided is the supposition that rich people always know better than the rest and that ruthlessness plays no part in one's wealth (this aspect of the problem was explored in the previous post). In fact, the legal occupation is more about who argues better and has deeper pockets for better arguers/manipulators/dirt diggers; it's not really about justice (case of point: O. J. Simpson). It's biased towards money and in favour of one who already exploits others. So getting to the point though, the software industry does not need patent lawyers. Developers already have copyrights by default and disputes over copyrights are easier to resolve (even out of court) because the matter is not so blurry.

"The assumption that if something is profitable then it must be good to society is very misguided."There is this one blog/magazine which is very shameless about its boosting of software patents. It's called IAM and we pointed out its weaknesses in prior years. Here it is right now cheering the patent extortion business which works well for patent troll Acacia. And according to this patent maximalists' blog, we should also belittle Bessen's research [1, 2, 3] because, according to its stance, there are flaws. To quote: "On the Gametime IP blog Patrick Anderson takes Bessen, Ford and Meurer to task over their working paper, entitled The Private and Social Costs of Patent Trolls. Sadly, however, although Anderson does a very effective job, out there in the real world nobody is listening. Reports on the CNN Money, Washington Post, Business Insider and Ars Technica websites, among others, all report the findings uncritically. Now I think Anderson’s blog is among the best there is on patents, but how many people read it in comparison to those sites that I have mentioned? The fact is that, whether you like it or not, this paper is going to be very influential - just as Patent Failure, written by Bessen and Meurer in 2008 continues to be cited approvingly in countless reports and policy papers to this day; even though it too is deeply flawed."

How are these "deeply flawed"? No details given, bot even a link/reference.

According to another patent lawyers' blog, this one from Axel H. Horns, software patents are no longer up for debate in Europe. The German Pirate Party (sponsored in part by patents-loving company) is once again cited for support. Quoting the post:

After that the debate on software patents died down. A conference organised by the European Patent Office and held in Brussels on July 05, 2007, under the title “Computer-implemented inventions: where do we stand in the debate on ‘software patents’?” made perfectly clear that nowhere any intentions were living to re-start the legislative process to have a sectoral Directive on patentability of CIIs.


What the EPO has been doing in recent years is rather shameful. Its head left not too long ago, after she had opened a door to interpreting software patents as valid in Europe. Then again, the EPO is once of those establishments biased to serve patent supporters and be run by them, too.

Mike Masnick et al. are meanwhile "Petitioning The[ir] Government Against Software Patents," according to this blog post which comes 2 weeks after the laughable 'reform':

Apparently I had missed that the White House set up a platform for people to petition it directly. A few folks have sent over a petition that was set up asking the administration to reject software patents, noting that they are hindering the software industry, one of the few "strong" industries in the US. The specific petition asks the government to stop issuing software patents... and to void all existing software patents.


Given the declining quality of patents, the USPTO should clearly address scope and not the nonsense about "first to file". Getting rid of software patents would be a good start.

Recent Techrights' Posts

Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
 
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day