EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

03.05.09

The Patent ‘Reform’ Bill is a Farce

Posted in America, Free/Libre Software, Law, Patents, Videos at 9:08 am by Dr. Roy Schestowitz

Reform Bill for BillG?

Summary: A summary of early coverage about the patent reform bill, which proves useless to Free software

ABOUT A YEAR ago it was suggested that companies which are interested in a patent reform merely want to remove what’s a nuisance to them while resolving none of the issues affecting individuals and small businesses. That is precisely what we’re finding in the bill which has just been introduced [PDF]. It’s hugely disappointing.

From the news:

i. Patent Reform Bill Reintroduced; More Of The Same

Unfortunately, the stuff that I think is good and necessary in the bill, such as limiting damages to the actual contribution of the patented technology, are what’s considered “controversial,” whereas many of the things I think are bad, such as switching from a “first to invent” to a “first to file” system aren’t being considered that controversial at all. On the whole, this bill would solve some problems, while creating plenty of other problems, so I have a lot of trouble supporting it.

ii. Patent Reform Act of 2009

Patent reform legislation has now been introduced in both the House and the Senate. The provisions call for major reforms and mirror much of the proposed legislation from 2008. If anything, this is not a consensus Bill.

iii. Controversial provisions remain in patent reform bill

Democratic and Republican leaders in Congress on Tuesday introduced a patent reform bill (PDF) that aims to pick up where previous patent reform efforts left off.

[...]

The latest version of the bill also strikes the 18-month publication requirement previously included, since labor unions and small inventors expressed concern that patent applicants not seeking protection abroad would see their inventions used overseas without compensation. The new bill also adopts the language from the House version of the 2007 bill that would alter the post-grant review process.

iv. Silicon Valley Raises Voice on IP Reform

The main event of the reform bill this go-round will be the debate over damages for patent infringement, according to IP experts. High-tech companies have been pushing for so-called “damage apportionment” — the idea that inventors shouldn’t get outsized payments if just a small component of a many-featured product, like a computer, is infringing on their patent….”Most of the real problems identified in [the previous] bills have been solved in the courts,” Lemley said.

v. Damages key to patent reform debate

Big computer and communications companies back the bill as a way to limit the number of patent infringement cases and damages they pay on them.

vi. US lawmakers take another shot at patent reform

The legislation, introduced in the U.S. Senate Tuesday, is very similar to the Patent Reform Act of 2007, which died on the Senate floor last year. If passed, the 2009 version would change the way the U.S. Patent and Trademark Office works, bring U.S. patent law in line with global laws, and introduce so-called “reasonable royalty” provisions, which change the way damages are calculated and would reduce the likelihood of massive payouts for some patent holders.

There is also a discussion over at Slashdot. Had the Obama administration not chosen defenders of software patent to advise on these issues [1, 2, 3], then maybe — just maybe — there would be change here. As it stands, no thought is being given to laws that hinder/facilitate freedom and fair competition. What a waste of opportunity. People are not given the choice to decide on issues that really matter.

As long as the government is run in this way, nothing will change. Below we append a new (but reused) talk from Larry Lessig*. It touches on some of the same issues. His professional focus is copyright law, not patent law, but similar/analogous rules apply.

____
* We regret that it’s too long to produce an Ogg from.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

A Single Comment

  1. JohnD said,

    March 5, 2009 at 12:48 pm

    Gravatar

    Worthwhile posts, thanks for gluing it all together.
    It’s tough to keep up with all the different sites.

What Else is New


  1. Links 21/9/2020: PlasmaShell With Vulkan, Plasma Beta Review Day, OpenMediaVault 5.5.11

    Links for the day



  2. Guest Post: The Worrying State of Political Judgement in Free Software Communities

    A look at what Mozilla has become and what that teaches us about the Web and about software



  3. Links 21/9/2020: KTechLab 0.50.0, Linux 5.9 RC6

    Links for the day



  4. IRC Proceedings: Sunday, September 20, 2020

    IRC logs for Sunday, September 20, 2020



  5. Git is Free Software, GitHub is Proprietary Trap

    More and more people all around the world understand that putting their fruit of labour in Microsoft's proprietary (but 'free') prison is misguided; the only vault they have is for human beings, not code



  6. Daniel Pocock on Codes of Conduct and Their Potential Dangers in Practice

    In Debian we’ve already witnessed several examples where Codes of Conduct, if put in the wrong hands (in the Linux Foundation it’s corporate hands), can achieve the very opposite of their intended goal and its a true shame as well as a travesty for legitimate victims of real abuse



  7. Links 20/9/2020: Flameshot Screenshot Tool 0.8, Okular Improvements and More

    Links for the day



  8. Reminder: Vice Chair of the Linux Foundation's Board is an Oracle Executive Who Used to Work for Microsoft

    The Linux Foundation issued statements to the effect of opposing Donald Trump, but its current leadership (people from companies like Oracle, Microsoft and IBM) is a strong proponent of doing as much business as possible with Trump (even in violation of international law)



  9. [Meme] How to Hijack Linux and Free Software to Make Them Proprietary and Microsoft-Controlled

    Intel keeps outsourcing almost everything (that's not proprietary with back doors, e.g. ME) to Microsoft's proprietary software prison, known as GitHub; to make matters worse, Intel now uses the Microsoft-hosted Rust to develop in Microsoft servers, along with Microsoft, code that promotes Microsoft proprietary software (e.g. Hyper-V) and non-standard 'extensions'.



  10. DDOS Attacks Against Us Lately

    (Distributed) Denial-of-service attacks or DDOS attacks have slowed down the site, but we treat that as evidence of suppression and fear (of what's to come and what was recently published), or accuracy (in reporting) rather than inaccuracy



  11. [Meme] Windows as Dead Man Walking (Patches Accelerate the Death)

    Microsoft is squeezing whatever life is left in its “burning platform” (which is already exceeded in terms of market share by Android) that has a "burning" (bricked) WSL with barely any users and plenty of critical problems



  12. We Let Them Get Away With Murder, But They Make up for It by Banning Words

    The Microsoft propaganda machines (notably ZDNet this weekend) are busy portraying Microsoft as a “good company” for censoring words, never mind the actual, meaningful, substantial actions of Microsoft, which is boosting authoritarian people who imprison even babies (for the ‘crime’ of being on the ‘wrong’ side of the border)



  13. High-Profile and Invalid (Invalidated) European Patents Harm the Presumption of Validity of European Patents

    The EPO's 'printing machine' (over-producing patent monopolies) is harming the legal certainty associated with such patents, helping nobody but deep-pocketed monopolists and law firms



  14. Epitaph for (Death of) Patent-Centric Media: Litigation Giant Bird & Bird Nowadays Doing Ads as 'Podcasts' in Think Tank Site 'Managing IP'

    Publishers don't hesitate and openly revel in taking bribes as if it's a badge of honour or importance, allowing themselves to be profoundly corrupted in pursuit of quick cash; we discuss what's happening in sites that pretend to cover patent news (but actually drive agenda of litigation giants, to the detriment of actual innovators)



  15. IRC Proceedings: Saturday, September 19, 2020

    IRC logs for Saturday, September 19, 2020



  16. Links 20/9/2020: 4MLinux 34.0 Released, September Release and EndeavourOS for ARM

    Links for the day



  17. Video: Free Communication With Free Software - Daniel Pocock - FOSSASIA Summit 2016

    The 2016 FOSSASIA talk from Daniel Pocock (Debian) about Free software alternatives to Google, Microsoft Skype and so on (Microsoft started paying Debian in 2016)



  18. [Meme] Microsoft Downtime... Now in 'Linux' (Wait a Month for Microsoft to Restore Uptime)

    Microsoft’s utter failure that is "WSL2" is bringing the failures Windows is so notorious for (loss of work, lack of security, fatal patches) to so-called ‘Linux’; the timeframe for a fix says a lot about just how much Microsoft “loves” Linux…



  19. Coming Soon: Microsoft Leaks (Which Microsoft Pressured Medium to Suppress and Promptly Unpublish)

    Microsoft is no ordinary company; exposing it is like dealing with the Mafia or some drug cartel in Mexico, but we're able to publish truths about Microsoft nonetheless (their notorious intimidation and silencing attempts have always failed against us)



  20. Dishonest Corporations -- Like Smug Politicians -- Pretend to be Something They're Not

    Corporate lies dominate the media, having been crafted by unethical marketing departments with their photo ops and hashtags



  21. GNU is Also a Brand, But It Boils Down to Philosophy and Principles, Not Greed or Corporate Identity

    Why the goal of GNU should be freedom rather than so-called 'world domination' (the objective of large firms with shareholders)



  22. IRC Proceedings: Friday, September 18, 2020

    IRC logs for Friday, September 18, 2020



  23. Links 19/9/2020: Taiwins 0.2 and a Call for Ubuntu Community Council Nominations

    Links for the day



  24. One Year Later Richard Stallman Needs to be Un-cancelled and Attention Turned to the Real Perpetrator of MIT Scandals

    The sheer hypocrisy, treating Stallman as the real nuisance to MIT when it was in fact Bill Gates who trafficked money through convicted sex criminals (to MIT); justice needs to be belatedly restored



  25. ZDNet's 'Linux' Section Isn't About Linux But About Microsoft

    ZDNet's so-called 'Linux' section isn't really about GNU/Linux; it's just the site's usual Microsoft propaganda, bought and paid for by Microsoft



  26. Debian's Network of Gossip and Gossipmongering in Debian-Private

    Reprinted with permission from Debian Community News



  27. More EPO Disclosures: An Explanation of How an EPO Survey Plots to Dismantle the EPO's Staff

    Dismantling the Office for the benefit of a bunch of private companies (taking over various duties of EPO staff) seems like the management's goal; included in image form (and text) below is today's publication. There's a PDF with text (not OCR) but it contains metadata.



  28. Forced Confessions and Thought Control in Debian

    Reprinted with permission from Debian Community News



  29. [Meme] You Cannot Elect/Vote Corporations Out of Power (Eternal Vigilance is Required)

    Based on early polls, Biden will be president-elect in about a month and a half; but it’s important to remember that the election (if honoured by the current tenant of the White House) won’t be the end of corporate abuse of power in the same sense that driving Microsoft out of business won’t miraculously mean that Free software ‘won’ (we have a lot more to confront still)



  30. Debian Volunteers Disallowed and Forbidden From Talking About Politics (Unlike Debian's Aristocracy That Handles All the Money From Sponsors)

    Reprinted with permission from Debian Community News


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts