Thursday, November 12, 2009

"Hitler" attacks the anti-IP academic elite

Although the YouTube video is titled Hilter is Furious at the Supreme Court for Granting Cert to Bilski, one of the major targets of this satire is the academic "patent law" community who have worked to undermine patent rights over the last few years.

The first jab is related to Bilski, with "Hitler" noting:

"Forget the Supreme Court--our Komrades in Akademia assure me that they will pass on Bilski."

On being told that the Supreme Court granted cert (and thus that the academics were wrong), Hitler requests that

"Those who cherish liberty, property rights, entrepreneurship, leave the room."

Then Hitler asks "How did this happen?" Htiler continues:

Bllski was our victory. The Uber-Software Corporations and Marxist Anti-Software Groups had stood United.

Goebbels: recycle your best propaganda. Continuation applications are evil.


You are naive to believe that free software is really free. It is not!


Free Software prohibits commercialization (...)

Patent law and Copyright Law provides a system of decentralized ownership of Intellectual
Property based on Merit! Its Creators control it.


Our Academicians have failed us too.

What was up with the attack on "Continuation Applications"?


Continuation applications were a Scape-Goat--
killing them off did not guarantee improvements in Patent Quality.

"Quality" is irrelevant. Limiting Patent Rights is our goal.


At least we were able to insert a Saboteur from Academia into
the United States Patent and Trademark Office.

IPBiz notes that the position of "Hitler" on patents is clear
in the clip [eg, Limiting Patent Rights is our goal.]
The legal academics are viewed as bumbling allies of "Hitler" to this

The clip does express a sentiment long expressed by IPBiz:
that the "patent quality" argument was a pretextual device
to further other agendas. Moreover, the attacks on
continuation applications, by authors such as Lemley and Moore
in "Ending Abuse..." in BULR, were at the level of propaganda,
rather than of any evidentiary merit.
[For example, to discredit Clarke's analysis of patent grant rate (and
thus to make their argument on continuations
appear stronger), the authors falsely accused Clarke of assuming every
continuation becomes a patent.
-- Footnote 22 of Lemley and Moore states: See Robert A. Clarke, U.S. Continuity Law and Its Impact on
the Comparative Patenting Rates of the U.S., Japan and the European Patent Office, 85 J. Pat. & Trademark
Off. Soc'y 335, 338 (2003) (erroneously assuming that every continuation resulted in a patent and
concluding that the grant rate was 75%). The 85% number provided in the revised Quillen et al. study is
based on actual data about the applications that issue based on continuations, and reflects the best estimate
we have of how often applications mature into patents. --]

Lest we forget, "Hitler" is lining up WITH the CAFC decision
in Bilski, seen as a victory for the anti-patent forces. "Hitler"
is furious on finding the academics mis-predicted the cert
outcome, and considers the academic attack on continuations
a waste of effort in the general program to limit patent rights.
Overall, the clip is ridiculing the anti-IP academic elite.

**Of Bilski itself, the WSJ noted:

Messrs. Bilski and Warsaw formed Weatherwise USA Inc. to market their analytical methods and services. Mr. Warsaw, who is now president of the six-employee company, says the lack of patent protection has cost him millions of dollars in business.

After presenting their techniques to potential clients, "we've had several large companies say, 'Thank you for giving us this. We're going to do it ourselves,"' Mr. Warsaw says.

**Cross-reference Godwin's law (also known as Godwin's Rule of Nazi Analogies


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