Sunday, October 5, 2014

First Monday in Halloween's Orb

The sub-title of this post could be "Scared New World" in contra distinction to the notion of a "Brave New World".

Patent Trolls,
Scholastic Zombies.
What's next?
... the world has become a scary, amygdala-tickling place.

Will SCOTUS declare itself the exclusive giver of all laws?
Stay tuned.
The first Monday in the Orb of Halloween cometh.

Tuesday, September 30, 2014

Electronic Scholarship Denies Existence of Electrons

Good news fellow members of the Second Dark and Medieval Ages. You can use your electronic computer to go online and electronically download a self-proclaimed piece of "scholarship" that argues against the existence of electrons.

Just use your non-physical pointing device (mouse) to point to and non-physically click on this hyperlink so that the powers of magic can cause an electronic transfer of "knowledge" into your non-physical brain.

Did your magical and non-physical incantations work?

Do you see in your crystal ball viewing device where the article, "What Is a Software Patent?" promises to tell you what a software patent "is" and then doesn't?

Do you see how it explains about a "physical world" that excludes electrons?

Do you see how it calls upon the spirits of ancient texts to prove its point?

These are indeed good and relished times in the Second Dark and Medieval Ages fellow believers. Rejoice!

Sunday, September 28, 2014

Spanking New Smack Down Talk

"Innovation" often comprises fooling the receiving audience into thinking they are getting something truly new and clever when in fact they are being handed a recycled pet rock dressed in bows and bovine bricks.

Take for example the "smack down" verbiage in the article titled Why the Supreme Court keeps smacking down America's top patent court.

What could be more impactful than a visual of the Nine Black Robes coming down hard on a haughty and out of control circuit court?

But it's all fakery just like many a pre-scripted wrestling show.

The "smack down" article proclaims, "If there's one institution responsible for the state of patent law today, it's the United States Court of Appeals for the Federal Circuit."

Clearly a lie.
The US Constitution informs that the exclusive power for securing to inventors the exclusive rights in their discoveries lies with Congress and no other body.

The "innovative" smack down article starts with a false misdirection and then compounds its interest in such fake foolery. If you believe wrestling shows are real then you can also believe in the gratifying smack down talk.

Monday, September 22, 2014

Bulls Barrel through Glassware Dept.

The "soft" in software is misleading just as the "supreme" in SCOTUS means not that the black robed nine are infallible.

Software is physically scratched into the glass or Mylar film on your compact disk. It is not an "abstraction".

Software is spun and rotated into the magnetic domains of your "hard" disk and hot burnt into you jumpy flash drive. It's real. It's there.

It is not the product of a leisurely weekend code fest. Even if the "Supremes" dream otherwise.

Of late, them that don't know and don't have even the inclination to learn, are crowing about the "innovative" massacre of patents dealing with computer-related inventions. Kill the inventors and kill the lawyers that brought 'em to the party they say. Less is more. Backwards is forward they say.

God bless and goodnight to us all.

Sunday, September 14, 2014

Arrogance, Ignorance Parade Proud and Naked Yet Again (Go means Stop, Open means Close)

The swift shift to lucid insanity does not surprise in the wake of the "Go Ask Alice" decision by our most "Supreme" of authoritative and authoritarian courts (a.k.a. SCOTUS).

However the slope of that playground slide into a world of acid-tripped hallucinations is unexpected.

One of the well known bell weathers of faulty logic is that of "Appeal to Authority". If somebody important said it, then it must be true.

That appears to be the logic behind a recent post-Alice invalidation of yet another lawfully issued patent. "In any event,the Supreme Court has spoken, and §101 now plays an important [patent killing] role." writes Judge Wu in Eclipse IP v. McKinley Equipment (C.D. Cal. 2014)

In other words, when the dentist says, "Open wide",
some judges understand it to mean 'shut it tight'.

Even Judge Wu understands that section 101 is Congress' version of "Open wide".
How much wider can you get than:
Any machine.
Any process.
Just as long as it is new and useful.

How much wider can one go in opening the Welcome door for inventors?
Yet by some perverse logic of green being red (Go meaning Stop) and up being down, our On-Parade Naked Nine and the minions who serve as tools of the master's drool see section 101 as the shut it closed message. They see what they want to see no matter what the facts are. They've made up their story (software is "abstract") and they are going to stick to that story come America going to Hale Bob's Comet or drowning in Climate Change's waters. Welcome to Salem. This week's special, burnt crisp inventors in the computer related arts.

... still under construction
... in the same way that US patent system is still under destruction

Saturday, August 9, 2014

How the Supreme Court declared and won its war on the US Constitution

Dear History Students,

Today we will look back at a small part of the early 21st Century in our study of the Disintegrated States of Corporate America (DSCA).

As you will recall,
the height of American technological advancement
in the 1980's was actually a foreshadowing of its
imminent demise.

Once the Americans adopted computer technology,
they stopped doing things known as "reading" and "thinking".
They gave over their brains to popularity polls, and
to text-free me-Tube videos.

There was no need anymore to read the prime directives
of the US Constitution.
Feckless talking heads would tell the masses what the Nine
Black Robed Ones had declared and the no longer literate
would accept it as gospel.

Take for example the written mandate in the Constitution
for the American Congress to write the laws regarding
how best to "secure" for American inventors,
the exclusive rights to "their" discoveries.

Article 1, Section 1.
All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

... Section 8. The Congress shall have power ...
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

... as usual ... still under construction

Well, it was in an acid-trip decision known as Alice
that the Nine Black Robed Ones (a.k.a. SCOTUS) declared
they knew better than all others what the American inventor
had "truly" invented and how it was "drawn"
to mere "abstraction".

SCOTUS declared by fiat that inventing was
no more than mere "coding" over weekend's time
of simpleton "ideas" that called for a "generic computer"
and utterance of magic words, "just do it".

No one dared challenge their holy words.
To do so would be irreverent.
And might get your head chopped off if ever you needed a last minute stay from SCOTUS just before the Constitution-following government tested some of its new execution chemicals on you following conviction by a kangaroo court peopled by a Corporations-are-persons jury.

Word got out.
Soon fewer and fewer inventors disclosed their inventions.
Why bother when it can be snuffed out by fiat declaration of abstractionism?
Eventually America (DCSA) became a disintegrated 3rd world mess, as well you know dear history students.

Friday, July 25, 2014

US Constitution and Power of SCOTUS to re-write Patent Law

The Federal government of the United States of America has 3 (and a half) co-equal branches, none of whom, alone or even together are above the Constitution of the USA:

(1) The Executive Branch (The President and the Departments under his control)
(2) The Legislative Branch (which is further broken into the Senate sub branch and the House o’ Representatives sub branch)
(3) The Judiciary
(4)(and the various alphabet soup Administrative Agencies SEC, IRS, FDA, EPA, … USPTO)

Given this structure, not even the top court (SCOTUS) has the lawful power to take over the enumerated and limited powers granted exclusively to the Legislative Branch under Article 1, Section 8 of the Constitution:

where the latter includes:
To promote the Progress of Science and useful Arts, by securing for limited Times to … Inventors the exclusive Right to their respective … Discoveries;

The above discussion brings to mind an argument that Thomas Jefferson made a long time ago about the powers of the US Supreme Court:
“[Re SCOTUS decision in Marbury:] You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps…. Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.


In the case of Alice v. CLS it should be recalled that the US Constitution leaves to the Congress, the job of “*** securing*** for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

To this end (of “securing” rights), Congress passed 35 USC 101.

Now comes a despotic SCOTUS with aim and act of de-securing IP rights already granted by the Executive branch via the US Patent office.
How does SCOTUS have powers even beyond that granted to Congress (of “*** securing*** for limited Times to …. Inventors the exclusive Right to their respective …. Discoveries.”) ?