04.22.09

Patents Roundup: Oracle, Backlash Against Software Patents, and In Re Bilski (Again)

Posted in Europe, OIN, Oracle, Patents, SUN, TomTom at 4:54 am by Dr. Roy Schestowitz

Stallman at protest

Summary: The latest collection of news about software patents, including Oracle’s role

Oracle

Oracle is buying Sun Microsystems and the press discusses this a lot, but to repeat an issue raised by one of our readers, the question that’s scarcely answered is, “what about Oracle’s patent policy?”

“Will Oracle give money to FFII, like MySQL was doing in the past?”

MySQL’s strong policy against software patents already vanished when Sun acquired it, but Oracle — unlike Sun — is inside the OIN.

“OIN does not work,” told us the president of the FFII. OIN said it would retaliate against Microsoft to defend the use of FAT; its CEO said counter-action would come within weeks* and it has already been 3 weeks and we are still waiting.

Speaking of the OIN, yesterday they unleashed this press release.

Open Invention Network (OIN), a collaborative enterprise that enables innovation in open source and an increasingly vibrant ecosystem around Linux, today announced that it has been named one of Gartner’s “Cool Vendors in Intellectual Property 2009.”

It’s worth repeating that Oracle is inside the OIN, but it’s rather disturbing to find the corrupt Gartner Group treated as though it’s an authority. Gartner sells itself to Microsoft on a regular basis and of course it likes software patents, which are OIN’s spiel. Speaking of Oracle (and IBM, which was going to buy Sun but got cold feet), the company have just been sued over database patents.

Oracle, IBM sued over database patents

Redwood Shores (CA) – Giant computer corporations IBM and Oracle have been dragged into a Texas district court over an allegation that their database software breaches existing patents.

What sort of patent protection will MySQL users receive under Oracle’s wing? Here we have yet another lawsuit taking place in a haven to many patent trolls, namely Texas districts. Oracle is based in the US and it possesses tremendous wealth. That matters to patent sharks.

Broken Patent System

The EE Times has this article which urges engineers to revolt against the patent system because it mostly favours patent lawyers (parasites) at this stage. As Richard Stallman put it in last week’s protests [1, 2, 3], if this “corrupt, malicious” organisation stands in our way, we should “get rid of it too.”

Opinion: Engineers should stage a patent strike

[...]

Corporate legal departments tell engineers which patents they can and can’t read. Sometimes engineers are told not to read patents at all, lest they be accused of deliberately infringing someone’s IP.

Meanwhile, businesspeople of all stripes pressure engineers to file patent applications for every idea. That has spawned a business of litigation and licensing that charges for portfolios by the pound. Companies now wield patents strategically to charge others for the freedom to innovate. In this sick world, patents don’t spark innovation, they inhibit it.

Patents are not there for engineers; they are there for patent lawyers, monopolists (patent aggressors), and patent trolls. They are, however, being marketed to engineers as though they defend small inventors and make people rich at no-one’s expense. This is a way to appease critics and enable this massive closed circulation of money to carry on.

There is a large thread in LWN.net, whose headline is “This isn’t validation – but it may be corruption.” It’s about the EPO, which many people — including Stallman and the FFII — protested against last week.

This surprises me somewhat, since the unaccountability of the EPO has been exploited quite effectively by advocates of extended patentability, but maybe most patent attorneys don’t really care about increasing the scope of what can be patented, or maybe they care more about only settling such matters once in a single place. If so, they need to employ more credible spokespeople who actually represent the interests of the majority of their profession’s members.

Look at this article in Hungarian. Apple claims to have just ‘innovated’ videophone (filed initially in 2007). This is absurd. No wonder emerging global powers like China turn their backs on this system and compromise interoperability by creating their own codecs and codec standards/patents. They are evading western patents and the consumer benefits in no way from this.

Over in Techdirt, a discussion continues about how to battle this failed system (citing a decent proposal from Freedom to Tinker).

…Wallach, over at Freedom To Tinker, takes this idea a step further to ask why no one talks about requiring juries in patent trials to be made up of PHOSITAs.

In Re Bilski and Beyond

Matt Asay claims to have composed an outline of the patent problem (particularly for software).

Of course, post-Bilski, we may be entering a period of court-ordered disarmament, which would be fantastic. The Bilski decision puts software patents on the defensive, and it hopefully will help to clear the minefield that currently helps only incumbents–and arguably hurts even them more than it helps them.

Here is an interesting new report [via Digital Majority] about how lawyers avoid complying with rules and manage to patent software anyway (and business methods also).

You may have heard some types of technology are not ‘patentable’. In fact, this is in a fairly limited set of circumstances. For example, you may think software is not ‘patentable’ but it is possible to obtain software patents. We’ll be looking at this in more detail in future. However, to obtain meaningful protection for any invention, it can be crucial that the patent specification is well-written by a skilled patent draftsman and this is especially true for software/computer-related inventions.

You may also think it’s not possible to obtain patents for business methods, another area we’ll look at in future. It may be possible to obtain a patent for a business method depending on the technology implemented and the country you’re trying to obtain the patent in. For instance, patents for ‘business methods’ are alive and well in Singapore today.

Et tu, Singapore? Guess who wrote this? “Michael McLaughlin is a patent attorney with at McLaughlin IP in Singapore.”
_____
* Keith told this to ZDNet’s Paula Rooney, for future reference.

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2009/04/22/oracle-backlash-against-software-patents/

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

What Else is New


  1. Accessibility and Availability First

    To make Techrights more widely accessible and more difficult to block/censor we've been making further changes, including self-hosting where possible



  2. Self-Hosting Videos With Free Formats and Animated Previews, Watermarks/Logos and Translucency

    We examine the power of video editing with ffmpeg, chained with command-line scripting and HTML5 features



  3. Links 10/4/2021: Linux on M1, Wine 6.6, ClamAV 0.103.2

    Links for the day



  4. Lunduke: On Mob Justice in the Tech Industry

    A new video from the former Microsofter who fears the phenomenon that’s adopted by companies like IBM



  5. IRC Proceedings: Friday, April 09, 2021

    IRC logs for Friday, April 09, 2021



  6. EPOLeaks on Misleading the Bundestag — Appendix (Benoît Battistelli's Vichy Syndrome): Georges Henri Léon Battistelli and Charles Robert Battistelli

    Local copies with evidence of or something concrete about Benoît Battistelli’s connection to unsavoury — and by today’s standards outright fascistic — politics



  7. IBM Doubles Down on Masters Being an Acceptable Word in the Context of Technology

    3 days after this post which disproves IBM's stance or shows its double standards it once again says “Masters” in its official blog (won’t that offend and alienate some people as they insist?)



  8. Hate Letter Against Richard Matthew Stallman (RMS) Backfired So Spectacularly That Signers Asked to Revoke Their Own Signatures and the List Was Then Frozen Permanently (Updated)

    "An open letter in support of Richard Matthew Stallman being reinstated by the Free Software Foundation" tops 6,100 signatures (graph generated just moments ago)



  9. EPOLeaks on Misleading the Bundestag -- Part 11: The BMJV's Tweedledee: Dr Christoph Ernst

    The right-hand man of António Campinos plays a role similar to that of Herr Lutz before him



  10. Links 9/4/2021: Tanglet 1.6.0 and HPVM 1.0

    Links for the day



  11. The Libel Against Richard Stallman Did Not Age Well

    Almost 2 years down the line libel about the founder of the FSF remains online, uncorrected (in sites funded by Microsoft and IBM)



  12. The Letter in Support of the FSF and Richard Stallman is Backed by the International Community, Not American Monopolies and Nationalistic Elements

    Free software is for everybody to use, internationally, it is not the asset of a bunch of current and old monopolists (connected to the US military) that also control the media; the nature of the signatures says that out loud



  13. Gemini Over IPFS (Decentralised Web, Accessed Over Gemini Protocol)

    The Gemini protocol (gemini://) can already be used to fetch (at the back end) and present objects from a P2P-like network; we're currently exploring practical use cases and possibilities



  14. News Sites That Talk About Patents Have Become Shameless Self-Promotion 'Plugs' by Law Firms (and Sometimes Outright 'Spam' for Litigation)

    The sources of news about patent affairs have dried up; sites that actually used to investigate and report facts have since then shut down or defected to the Public Relations/marketing industry



  15. Links 9/4/2021: Kubernetes 1.21 and FFmpeg 4.4 Released

    Links for the day



  16. IRC Proceedings: Thursday, April 08, 2021

    IRC logs for Thursday, April 08, 2021



  17. [Meme] Self-styled Judges

    To suit a recurring theme at the EPO we hereby present Roland Lutz, a self-styled judge



  18. EPOLeaks on Misleading the Bundestag -- Part 10: A Faithful Lapdog Despised and Reviled by EPO Staff

    "In any event, the "Nazi" jibes directed against Lutz seem to have triggered Battistelli who decided to take revenge on his perceived enemies inside the EPO by smearing them as “Nazis”."



  19. Links 8/4/2021: GnuPG 2.3.0, Xen 4.15, Xfdashboard 0.9.2

    Links for the day



  20. The Hate Letter Which Backfired

    The FSF is more closely aligned with its founder's vision, his antagonists have left or are leaving, and that old hate letter turned out to be a loud minority (made to appear louder by biased media) emboldened by a gish gallop of lies



  21. IRC Proceedings: Wednesday, April 07, 2021

    IRC logs for Wednesday, April 07, 2021



  22. IBM: We Can Say It... You Cannot

    Blog posts such as this new one help show the hypocrisy or the double standards of IBM, looking to control speech while attacking people's (software) freedom/civil liberties and profiting from atomic bombs



  23. The Collapse of Microsoft Windows

    Although the corporate media keeps insisting that Microsoft is doing well, government (or military) bailouts keep the company afloat while its desperate attempts to remain relevant (as the common carrier languishes) merit a debate



  24. Links 8/4/2021: Mesa 21.0.2, GNU Releases, and Stable Kernels

    Links for the day



  25. Petition in Support of FSF's Decision to Put Its Founder in the Board Doubles Size of Hate Letter Propped Up by Corporate Media (Partly Funded by Monopolies)

    You cannot fool the population for eternity and there's a reflexive response to a campaign of misinformation, as the graph above shows; notice it keeps growing and growing, albeit not the defamatory one from the (Google-funded) Mozilla- and Red Hat-connected Luis Villa, who put in the GNONE Foundation Microsoft people



  26. EPOLeaks on Misleading the Bundestag -- Part 9: A Veritable Virtuoso of Legal Sophistry

    "Lutz is also reputed to be closely linked to the German branch of the influential UPC lobby group centred around Prof. Winfried Tilmann."



  27. He Said, Xi Said: Hard to Censor Techrights and It's More Than a Web Site

    An explanation of some of the latest Techrights changes (mostly work on IPFS and Gemini this week, as they complement the Web site)



  28. A Patent System for Giant Corporations Like Boeing and Airbus, Not for Ordinary European Citizens

    There's hardly any illusion left that the patent system in Europe is supposed to serve the public; instead what we're seeing is an office that lost sight of its purpose and is instead trying to make law firms and their largest clients richer



  29. Links 7/4/2021: Godot 3.3 RC 8, Canonical Targets Robotics

    Links for the day



  30. IRC Proceedings: Tuesday, April 06, 2021

    IRC logs for Tuesday, April 06, 2021


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