Bonum Certa Men Certa

The EFF Must Return That 'Internship' Money to Google or It Would Disgrace the Patent Reform Movement (by Association)

Poisoning and harming the perception of impartiality

Wallet with money



Summary: Whether real or perceived, the EFF's alleged bias is at stake now that Google money -- not just money from a billionaire (Cuban) -- lands on its lap; it can, by extension or association, serve to discredit patent reformers

PATENT maximalists like to pretend that Google is being everything and that everyone who challenges the status quo at the U.S. Patent and Trademark Office (USPTO) is a Google 'shill'. This is totally untrue, however, but late on Friday I pointed out that EFF had taken money from Google, whereupon somewhat of a Web storm erupted (here's one example among many). This has started a long discussion and some discord (even some members of the EFF's Board are now dissenting) and there's risk that Federal Circuit and Patent Trial and Appeal Board (PTAB) bashers will exploit it. Rather than dwell/focus on the details of what the EFF did (that would be rather counterproductive), let's just say that the EFF now needs to do the right thing and revoke/return that money of Google. It not only undermines the perception that the EFF fights for privacy; it also emboldens those who accuse EFF -- and by extension patent reform -- of working for Google.



That's not to say that the EFF is rogue; but there's room for corruption and even the perception of corruption needs to be avoided. Here's what the EFF posted just before the weekend on the issue of patents; key EFF staff, as we've noted before in the latest on Uniloc, challenged this patent troll and reported on the latest outcome:

A federal judge has ordered that prolific patent troll Uniloc cannot hide its shell games from the public. After EFF filed a motion to intervene seeking access to sealed court records, Judge William H. Alsup of the Northern District of California has ordered [PDF] that the relevant documents should be made public. Judge Alsup stayed his order for two weeks, however, to give Uniloc an opportunity to appeal to the Federal Circuit. We are pleased by the court’s ruling and will defend it if appealed.

The sealed documents have an importance far beyond this case. As Judge Alsup suggested in court, Uniloc appeared to be using complex machinations to hide its patents or its assets, possibly to avoid being hit with sanctions. The public has a right to know who owns patents, especially patents like the ones Uniloc claims to own, since the company has claimed its patents entitle it to payments from a vast array of technology companies.

In the underlying cases, Uniloc has sued Apple alleging that its iPhones and iPads infringe a number of its patents. For example, Uniloc claims that Apple infringes U.S. Patent No. 7,092,671, because “iPads incorporate software that causes an iPad, in response to a user’s selection, to transfer a telephone number wirelessly to a nearby iPhone which dials the selected number.”

In a heavily redacted motion to dismiss, Apple appears to argue that Uniloc entities and Fortress Investment Group LLC divided rights in the asserted patents in a way that means the Uniloc entities no longer had a legal right to sue for infringement. We say “appears” because the public cannot see most of the briefing and evidence. Because the redactions (requested by Uniloc) make it impossible to understand the dispute, we moved to intervene to seek public access.


A colleague, Alex Moss, wrote about PTAB as follows:

The exclusive rights granted by a U.S. patent create monopolies that can threaten innovation. We all benefit from the pro-innovation effects that come from cancelling monopolies that should not exist. That’s why the 2012 America Invents Act broadly allows “[a]ny person other than the patent owner” to challenge a patent at the U.S. Patent and Trademark Office.

But what if the government itself was banned from asking for this type of patent challenge? That would mean patent holders can demand big payments from government agencies, with access to taxpayer funds—yet those same agencies wouldn’t be able to efficiently test whether the patents are valid.

Now, the Supreme Court is poised to consider the question. EFF has filed an amicus brief, explaining that the government should be able to bring challenges in the Patent Office, based on century-old legal principles, as well as public policy concerns today. Limiting the government’s ability to challenge invalid patents efficiently deprives the public of these benefits for no good reason.


Many inter partes reviews (IPRs) leverage 35 U.S.C. ۤ 101 to eliminate software patents; having said that, if courts get the feeling that the above amicus brief is indirectly funded by large firms rather than a public interest/s group, matters can backfire. I've already strongly urged the EFF, on numerous occasions so far this weekend, to walk away from Google. It's pretty obvious that when it comes to the privacy stance of the EFF (maybe not copyrights) Google is completely and utterly incompatible with the EFF's values. The EFF's founder died not so long ago; what would he say if he saw this?

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?
 
[Meme] Money In, No Money Out (Granting Loads of Invalid European Patents)
EPO production?
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
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
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
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