Bonum Certa Men Certa

Broader Acceptance in the United States That Software Patents Are Worthless, But Element Data Has Just Paid for Some

Some folks have literally burned their patents

Bin of Software Patents



Summary: The "acceptance" stage follows the agony of the patents 'industry', realising that it is incredibly hard to win in a courtroom any cases with software patents (never mind barriers at the USPTO and PTAB)

"A software patent may take $50,000 and 10 years to obtain, at which point the technology is obsolete," says this new article (from yesterday). Indeed, software patents are a waste of time and money, more so after Alice (2014). Why is anyone ever willing to pursue these? According to recent rumours, USPTO examiners may soon abolish software patents.



"Every computer program is abstract. This means that using words like "technical", "invention", "effect" or "device" (or pseudo-novelly buzzwords like "IoT" and "cloud") won't change the underlying nature."Yesterday we saw another new example of the patent microcosm pretending not to understand that software patents -- as per Alice as well -- are abstract and thus passé. Here is what Patently-O wrote:

One of the struggles of the Subject Matter Eligibility test is understanding the definition of the legal term “abstract idea.” The Supreme Court has used the term “abstract” in many other areas of law – perhaps most pointedly in the area of standing and the requirement of a concrete, non-abstract harm.


Every computer program is abstract. This means that using words like "technical", "invention", "effect" or "device" (or pseudo-novelly buzzwords like "IoT" and "cloud") won't change the underlying nature. Expert witnesses don't care for terms like "AI" and certainly not "over the Internet" or "on a phone". They're beyond all that marketing. They can deconstruct the concepts and it all boils down to algorithms, reducible to mathematics.

It's 2017, so of course software patents are no longer defensible in court. They're found to be invalid almost every time, yet yesterday this software patents booster wrote: "Its Monday, so of course IBM had patent application rejected as "abstract idea" by PTAB: https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2016005041-10-31-2017-1 …"

"It's 2017, so of course software patents are no longer defensible in court."Rightly so. This is the same IBM which lobbies hard against Alice and uses dirty tricks for that lobbying. We wrote many articles about that.

And speaking of software patents, this Microsoft-aligned site now speaks about Element Data buying patents of Auguri, a company with just half a dozen employees.

Element Data announced another acquisition today. The Seattle-area machine learning startup has purchased the technology assets and patents from Auguri Corporation, a small Silicon Valley company that describes itself as “a decision support software platform.”

Auguri employed six people and will shut down as a result of the deal. Its chairman, Fadi Micaelian, will join Element Data as its new senior vice president of innovation and partnership, and will remain in California.


Google reveals quite a few patents of/regarding "Auguri Corporation" and peeking at a few of these, they're software patents. If Element Data thought it was getting a bargain with these patents (not people), it would be wrong. The headline says "Element Data buys patents," but what if none of these is enforceable in court?

Recent Techrights' Posts

[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
 
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market
[Video] Canonical Isn't (No Longer) Serious About Making GNU/Linux Succeed in Desktops/Laptops
Some of the notorious (or "controversial") policies of Canonical have been covered here for years
[Video] What We've Learned About Debian From Emeritus Debian Developer Daniel Pocock
pressure had been put on us (by Debian people and their employer/s) and as a result we did not republish Debian material for a number of years
Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work