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

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 this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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. EPO Crushed the Boards of Appeal (i.e. Quality Control) and Insiders Explain Why

    Team Battistelli has made a complete mockery of the EPO and also serves to devalue EPO patents, which in the long term can doom the whole system



  2. Academic Discussion About Patents' Harm and Good, Pushers of Software Patents Still Upset at Alice Decision

    In light of the Alice case, large monopolies and their messengers moan about patent quality control, whereas here in Manchester people have an open debate about the potential harms of over-patenting



  3. Links 30/7/2016: Sysadmin Day, Stardew Valley on GNU/Linux

    Links for the day



  4. Links 29/7/2016: More Microsoft Problems and Layoffs, Bodhi Linux 4.0.0 Alpha Released

    Links for the day



  5. Links 28/7/2016: CORD as Linux Foundation Project, Wine 1.9.15 Released

    Links for the day



  6. EPO Loses More Than 80% of Cases at the International Labour Organisation (ILO)

    The International Labour Organisation (or Organization) helps show just to what degree the European Patent Office (EPO) violates the rights of workers



  7. To Understand What Battistelli Has Turned the EPO Into Look at Turkey and China

    Battistelli and his notorious Vice-President from SIPO (Croatia) turn the European Patent Office, once the pride of Europe, into a human rights cesspool with SIPO (China) connections



  8. Patent Lawyers Move Closer to Battistelli's Rubber-stamping Office While the Appeal Boards Pushed Away as Collective Punishment Which Masks Decline in Patent Quality

    Urgently sending appeal boards away and urgently granting applicants patents without proper examination will be Battistelli's sorrow legacy at the European Patent Office



  9. Software Patents a Dying Breed, But Patent Lawyers in Denial Over it and Notorious Judge Rodney Gilstrap Ignores Alice (Supreme Court)

    A look at what law and practice are saying about software patents, contrasted or contradicted by the patent industry and trolls-friendly courts (which make business out of or together with patent aggressors)



  10. CAFC Meddling in PTAB Affairs; Unified Patents Fights a Good Fight by Invalidating Software Patents

    A look at how the AIA's Patent Trial and Appeal Board is invalidating software patents post-Alice, with or without involvement of patent courts



  11. Early Certainty That Benoît Battistelli is Dangerously Clueless and a Major Risk to the EPO

    The chaos which Team Battistelli is assured to deliver if it doesn't treat scientists like scientists, instead viewing them as a production line with rubber-stamping duties



  12. OIN Makes Claims About “Open Source Innovation”, But It Produces Nothing and Protects Virtually Nobody

    The Open Invention Network (OIN) reports growth, but in practical terms it does little or nothing to help developers of Free/Open Source software



  13. Links 27/7/2016: New CrossOver, Blackmagic for GNU/Linux

    Links for the day



  14. The Death of Software Patents and Microsoft's Coup Against Yahoo! Made the Company Worthless

    A look at what happens to companies whose value is a house of software patents rather than code and a broad base of users/customers



  15. Munich Attack Mentioned by EPO But Not Ansbach

    The EPO does the usual right-wing thing (exploiting disaster/emergency for domestic crackdowns), but some bemoan the omission of the explosion at Ansbach (also in Germany)



  16. Kluwer Thinks People Are Clueless About the Unitary Patent System and Pretends It's Business as Usual

    Flogging the dead UPC horse at times of great uncertainty (enough to bring the UPC to a standstill)



  17. Almost Everything That the Government Accountability Office Says is Applicable to the EPO

    The Government Accountability Office in the United States produces reports which can serve as a timely warning sign to the European Patent Office, where patent quality is rapidly declining in order to meet 'production' goals



  18. Microsoft Says It Loves Linux, But Its Anti-Linux Patent Trolls Are Still Around and Active

    Highlighting just two of the many entities that Microsoft (and partners) use in order to induce additional costs on Free (as in freedom) software



  19. Links 26/7/2016: Microsoft Growing Desperate, Linux 4.8 Visions

    Links for the day



  20. Links 25/7/2016: Linux 4.7 Final, PostgreSQL 9.6 Beta 3

    Links for the day



  21. Leaked: Boards of Appeal Face 'Exile' or 'Extradition' in Haar After Standing up to Battistelli

    A look at some of the latest moves at the European Patent Office (EPO), following Battistelli's successful coup d’état which brought the EPO into a perpetual state of emergency that perpetuates Battistelli's totalitarian powers



  22. The US Government Accountability Office (GAO) Comes Across as Against Software Patents, Relates to the EPO as Well

    Some analysis of the input from the Government Accountability Office (GAO) with focus on the EPO and software patents



  23. In the US, Patent Trolls Engage in Patent Wars and Shakedowns, Whereas in China/Korea Large Android OEMs Sue One Another

    Highlighting some of the differences between the US patent system and other patent systems



  24. Links 24/7/2016: Elive 2.7.1 Beta, New Flatpaks and Snaps

    Links for the day



  25. Links 23/7/2016: Leo Laporte on GNU/Linux, Dolphin Emulator’s Vulkan Completion

    Links for the day



  26. Links 22/7/2016: Wine 1.9.15, KaOS 2016.07 ISO

    Links for the day



  27. Haar Mentioned as Likely Site of Appeal Boards as Their Eradication or Marginalisation Envisioned by UPC Proponent Benoît Battistelli

    Not only the Staff Union of the European Patent Office (SUEPO) is under severe attack and possibly in mortal danger; the increasingly understaffed Boards of Appeal too are coming under attack and may (according to rumours) be sent to Haar, a good distance away from Munich and the airport (half an hour drive), not to mention lack of facilities for visitors from overseas



  28. EPO Attaché Albert Keyack Viewed as Somewhat of a Mole, Reporting From the US Embassy in Brazil Until Shortly Before the Temer Coup

    Public responses to the role played by Albert Keyack on behalf of the United States inside the European [sic] Patent Office



  29. EPO Insiders Explain Why the EPO's Examination Quality Rapidly Declines and Will Get Even Worse Because of Willy Minnoye

    Public comments from anonymous insiders serve to highlight a growing crisis inside the European Patent Office (EPO), where experienced/senior examiners are walking away and leaving an irreplaceable bunch of seats (due to high experience demands)



  30. Patents Roundup: BlackBerry, Huawei, PTAB, GAO, Aggressive Universities With Patents, and Software Patents in Europe

    Various bits and pieces of news regarding patents and their fast-changing nature in the United States nowadays


CoPilotCo

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

CoPilotCo

Recent Posts