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

04.24.09

Patents Roundup: Attack on Science, Lobby for Software Patents in EU and India, More Rebellion

Posted in Asia, Europe, Free/Libre Software, Microsoft, Patents at 7:04 am by Dr. Roy Schestowitz

EPO backlash

Summary: Scientists are repressed further by lawyers, so there are new calls to fight back and restore freedom of thought

THIS post is a very quick roundup of stories that are too important to miss, even if most “Linux”/”open source” Web sites totally ignore these peripheral issues.

An Attack on Human Knowledge

Free software is based on a scientific premise. It’s not one of cost; it’s to do with maximising value (measured in terms of productivity), reducing duplication, sharing of ideas, and exchange of output. Over in South Africa, this entire paradigm is under attack at the moment. The culprit? The fiend which is intellectual monopoly rights.

IPR Bill Regulations promulgated – the death knell for open science in South Africa?

[...]

The Department of Science and Technology has published the Regulations for the implementation of the IPR Act of 2008. These have serious implications for researchers and the universities and research institutions they work in and even more dire implications for open access and open innovation in South Africa.

I set out below my preliminary reading of what these Regulations might mean.

Another garbled mess of intellectual monopolies is the ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14], whose impact on patents is going to be worse than what we already expect. How do we know? It’s coming straight from the European Commission right now:

The EU Commission is “committed to improve the international legal framework for IP protection” and sees “ACTA as one way to reach that goal,” Devigne said. There was no intention to duplicate TRIPS. Rather, “we want to go beyond it,” he said, adding, “TRIPS is the floor, not the ceiling.”

TRIPS is the element of ACTA which is associated with patents.

Sneaking Software Patents Into Europe, India

“Value your freedom or you will lose it, teaches history.” These were the words of Richard Stallman who added:

‘”Don’t bother us with politics,” respond those who don’t want to learn.’

For those who are interested in the reality, it’s worth paying attention to what happens in Europe at the moment. Mega corporations try to legalise software patents without a democracy and Microsoft happens to be among the those who are guilty of it. The Stop Software Patents Web site has just published details about an upcoming conference in Europe: “Conference on ‘Make software patents work for SMEs’”

The European Commission is organising a conference dedicated to “Make IPR work for SMEs” next Monday in Brussels. You can submit your questions by email to me for next Monday on how to “Make software patents work for SMEs”. I might be interested to submit them.

Patents are never for SMEs. They are for patent lawyers, patent trolls (sometimes the same as lawyers), and monopolists who guard their territories using barriers to thought and ideas, not just implmentations.

Over in India, we are seeing what we already see in Europe. Remember Brimelow and her "as such" trap? In India, rather than “as such”, they have “per se”. A Red Hat employee has just explained what he calls “The ‘computer programme per se’ conundrum.”

Under the foregoing definitions, a claim that merely recites software elements without any reference to hardware is per se unpatentable. If a claim recites both software elements and hardware elements, but the hardware elements amount to nothing more than reference to the components of a general purpose computer on which the software is executed, or an information storage medium in which the software is stored, such that the only possibly inventive aspect of the claim resides in the software elements, then the claim is not patentable.

There is an ongoing attempt to push software patents into Indian law [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12]; Microsoft and its partners in India are a major force in this reckless, selfish lobby.

Enough is Enough

More and more groups are rising against this abuse from the patent offices. In the recent protests which took place in Germany, Richard Stallman called the EPO "corrupt" and "malicious". If the EPO stands in people’s way, Stallman argues that we should “get rid of it too.” Joining Stallman in the protests were not only activists against software patents but also protesters from Greenpeace, who are sickened by patents around life and animals. Here is another new article about it.

Monsanto Company, already a world powerhouse in biotech crops, is shaking up the swine industry with plans to patent pig-breeding techniques and lay claim to the animals born as a result.

As we mentioned a few days ago, an Op-Ed in The EETimes called upon engineers to go on a patent strike. Mike Masnick agrees and elaborates:

Basically, his argument is that most engineers recognize how harmful the patent system is, but are pushed into patenting by lawyers and management, and the only way to get the message out is to stop assisting with anything having to do with patents.

It’s time to fight for the right to think and to share ideas freely. There is money to be made by a small minority by creating barriers to sharing (i.e. scarcity) and then selling access. This small minority is rarely engineers and it’s very parasitical, naturally.

“On behalf of the Comptroller it is also said that it would be difficult for a third party to search for prior art programs. This is for two reasons. Firstly there is simply not a body of suitable literature about computer programs which can be searched. Secondly much of the prior art will consist of actual computer programs and the outsider will generally find it impossible to understand how these work without the source code – which is normally kept confidential.” —UKIPO, Bailii: Symbian Limited and Comptroller General of Patents

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. Great News: While IBM et al Try to Undermine Patent Reform the Supreme Court Deepens the Reform in TC Heartland Case

    In a unanimous decision, with the court ruling 8-0 against TC Heartland, the monkey business in East Texas (beneficial to patent trolls and large businesses that leverage software patents) may have just come to an end



  2. Speculations About Battistelli's End of Term, Campinos at EUIPO, and Failed UPC Ambitions

    Rumours and speculations surrounding the fate of the EPO's leadership now that the UPC gravy train is stuck again and Battistelli's protector, Jesper Kongstad, is about to leave



  3. Martijn van Dam is Wrong to Believe That Battistelli's Abuses Are Somehow Acceptable or Tolerable Because His Term is Possibly Ending

    Coverage of Martijn van Dam’s stance (he is the Dutch State Secretary for Economic Affairs) reveals that economic gain trumps ethics and justice, irrespective of what the law says



  4. Media and Staff Association Elections at EPO and WIPO Are Compromised

    A campaign of abuse (legal bullying) and gifting to the media, combined with a wide-ranging assault on critics who represent the interests of staff, have led WIPO and EPO down the route to totality



  5. New Documents Help Demonstrate That ILO Delivers Institutional Injustice to EPO Employees and Cushions Team Battistelli

    The International Labour Organisation Administrative Tribunal (ILOAT) delivers not justice but merely the illusion of justice, probably in defiance of Article 6 of the European Convention on Human Rights (ECHR)



  6. Leaked: 2017 European Inventor Award Finalists, or Stooges Whom the Tyrant Battistelli Exploits for PR Purposes and Media Manipulation

    The stupidest ceremony in Europe (turning serious science into something sketchy such as Eurovision) is disliked among EPO staff and is exploited by the person who destroys the EPO (Benoît Battistelli) to pretend all is fine and dandy, at huge expense to the Office (as extraordinary as about 5 million Euros for a ~2-hour show)



  7. EPO: Can the Staff Union of the European Patent Office (SUEPO) Still Save It?

    Genuine concerns about the slow process at the European Court of Human Rights (ECHR) and the lack of progress at ILO, which coincide with weakening of the unions and threat to jobs of patent examiners (leaving ordinary Europeans more vulnerable to meritless patent lawsuits)



  8. Links 21/5/2017: Linux 3.18.53, Tizen 4.0

    Links for the day



  9. Cloudflare's Enemy is Software Patents, Not Just One Software Patent or One Patent Troll

    With a bounty of $50,000, which is likely less than the cost of legal defense, Cloudflare looks for help with its own case rather than the underlying issues that need tackling worldwide



  10. Patent Laws -- and Especially Eligibility of Software Patents -- Are Being Hijacked by Large Corporations and Their Front Groups

    Intervention by large multinational corporations and their lawyers, front groups, etc. (like the classic lobbying model) gives room for concern in multiple continents where most software development is done



  11. Links 18/5/2017: Catching Up With the Past Three Days

    Links for the day



  12. The US Supreme Court Consults USPTO Director Michelle Lee Regarding the Patent Trial and Appeal Board (PTAB) Which is Invalidating Software Patents With CAFC's Approval

    Software patents continue to get knocked out by the Leahy-Smith America Invents Act (AIA) whose introduction of PTAB gave a helping hand to companies that are susceptible to abusive litigation (with bogus patents)



  13. IBM and Its Revolving Doors Lobby Are Plotting to Undermine Supreme Court Rulings to Restore Patentability of Software

    IBM has become so evil that it is now trying to steal democracy, label programmers "thieves", and basically attack the rule of law by extra-judicially overturning a Supreme Court decision



  14. 3 Years After the Alice Case at the Supreme Court the Plague of Software Patents is Easier to Cope With

    Litigation figures are down, rejection rates of software patents remain high, and only spin (e.g. cherry-picking) or constant lobbying can save those who used to profit from software patents



  15. The Attacks of Patent Trolls as Outlined in the Media This Past Week

    An outline of some of the latest troll cases to be aware of and their consequences too (e.g. software patents being used to literally shut down entire programs)



  16. Links 14/5/2017: Linux 4.12 RC1 and KDE Frameworks 5.34.0

    Links for the day



  17. Industry Giants Challenge Qualcomm's Patent Practices While the Federal Trade Commission (FTC) Closely Examines Such Behavior

    Scrutiny of Qualcomm's patent aggression and coercion -- scrutiny that can profoundly change the way software patents, SEPs and FRAND are viewed -- as seen in various amicus briefs (amici) from industry giants that are affected



  18. Professor Lisa Larrimore Ouellette Questions Whether Patents Work When Patent Scope is Too Broad

    Citing MIT economist (and MacArthur “genius”) Heidi Williams, Professor Lisa Larrimore Ouellette from Stanford challenges old myths and quotes: “we still have essentially no credible empirical evidence on the seemingly simple question of whether stronger patent rights—either longer patent terms or broader patent rights—encourage research investments.”



  19. OIN is Still a Distraction Unless We Want GNU/Linux to Coexist With Software Patents (Rather Than Eliminate Those)

    Another wave of media coverage by/for the Open Invention Network (OIN) necessitates a reminder of what OIN stands for and why it is not tackling the biggest problems which Free/Open Source software (FOSS) faces



  20. Links 13/5/2017: Neptune Plasma 5 ISO, a Shift to Free (FOSS) Databases

    Links for the day



  21. Countries With a Dozen European Patents Are an Easy Photo-Op 'Sell' for Battistelli While the EPO's Demise is Largely Ignored by the Patent Microcosm

    Behind the façade of legitimacy, the EPO suffers from an incompetent, insecure and delusional boss, whose actions will almost certainly lead to the collapse of both the Office and the entire Organisation (whose founding document he routinely shreds to pieces)



  22. Our Assessment: Unitary Patent (UPC) Will Crumble Along With Battistelli's Regime at the EPO

    A reflection and an opinion on where the EPO stands and what it means for the UPC, which doesn't seem to be going anywhere (it's all talk and lobbying)



  23. The European Patent Office Has a Long History/Track Record of 'Screwing' Contractors

    The European Patent Office (EPO) appears to have quite an extensive track record/reputation for ‘screwing’ contractors and then misusing immunity to get away with it



  24. Links 12/5/2017: Wine 2.8, Kdenlive 17.04.1, NHS Windows Syndrome

    Links for the day



  25. Links 11/5/2017: New OpenShot, GIMP, and GNOME (3.24.2)

    Links for the day



  26. The Sickness of the EPO – Part IX: Using Confidential Medical Records as a Weapon Against Staff

    In defiance/violation of labour laws and medical oaths etc. the EPO is passing around medical information, either for dismissal pretexts or a sort of blackmail -- a serious abuse in its own right



  27. The EPO is in Disarray and Additional Complaints to the European Court of Human Rights (ECHR) May Be Imminent

    Team Battistelli reaps what it has sown, as complaints are being made to a court with “47 member states [that] are contracting parties to the Convention,” (European Convention on Human Rights) according to Wikipedia



  28. By Promoting the UPC, in Defiance of Public Will, the EPO Has Become Patent Trolls' Best Friend

    The patent–industrial complex, aided by the EPO under Battistelli's iron-fisted reign, is trying to convince us that the UPC is coming soon and that it is desirable (it's neither of those things)



  29. Links 10/5/2017: Mesa 17.1, Git 2.13, Qt Creator 4.3 RC1, MINIX 3.4 RC6

    Links for the day



  30. Team UPC Still Twists and Fabricates Statements to Make It Seem Like Unitary Patent is Happening Soon

    The Unified Patent Court (UPC), a terrible system which was envisioned and covertly constructed by those who stand to benefit/profit from injunctions and trolling, is not going anywhere, but media which is dominated by Team UPC would have us believe otherwise


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