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

07.29.09

Patents Roundup: Another Attack on Free Software, Blackboard Loses Again, Yellow Beans Patented

Posted in America, Europe, Free/Libre Software, GNU/Linux, Intellectual Monopoly, Microsoft, Patents at 5:54 pm by Dr. Roy Schestowitz

Summary: Assorted patent news of interest to the Free software community

McKool Smith, which looks like a classic patent troll, has just sued a one-man free/open source project — a decision which is backfiring.

Except, it appears that the lawyers for the patent holder (McKool Smith — a favorite among the patent hoarders) didn’t do much research on at least one of those “companies,” named CitiWare. Slashdot alerts us to the fact that CitiWare was basically just a small open source project from one guy, who hoped to turn it into a business, but couldn’t find any customers and shut it down. That guy has now turned the CitiWare.com website into an angry open letter to the patent holder and to its lawyers, demanding that they drop the case against him.

Some months ago we saw something similar happening to a GIMP plug-in.

Moodle, which has been under similar threats from the Microsoft-backed patent aggressor known as Blackboard [1, 2, 3, 4, 5, 6] (never mind Microsoft's new attempt to exploit Moodle) can finally breathe out and sigh in relief. Blackboard’s junk patent is still declared invalid based on the following report.

A federal appeals court has found all 38 of Blackboard Inc.’s contested patent claims to be invalid in ongoing litigation between the D.C.-based education software company and its Canadian competitor, Desire2Learn Inc.

This is the second time in the course of the three-year lawsuit that courts have poked major holes in Blackboard’s patent.

There are echoes of this in Patently-O and also in TechDirt.

Even as the Patent Office realized it needed to rethink the patent, the lawsuit moved forward, with Blackboard scoring a win. Of course, just weeks later, the USPTO gave an initial rejection of the patent. The original court ruling was (of course) appealed (separate from the USPTO ruling), and the good news is that the appeals court has dumped the entire patent.

TechDirt also writes about a most ludicrous patent attempt:

This one’s a bit old, but Boing Boing just pointed us to the incredible story of a guy named Larry Proctor who was able to get the USPTO to patent some yellow beans he picked up in Mexico.

Here it is from BoingBoing and here is the key page about this sham. See the subheadline:

Controversial Court patent case for simple yellow legume has become rallying point for “biopiracy” concerns

This is amazing. “Biopiracy”. The growing of crops is now compared to raping and murdering innocent people. The Wired Magazine Web site has meanwhile published this report about real piracy that still exists and thrives near Somali shores.

All these propaganda terms need to be dropped. They daemonise people who do perfectly ethical things. “Intellectual monopoly” is still being described as “intellectual property” and there are even many Web sites that use this term in their name. The UK-IPO is an example of an entire establishment that bases itself on a name that’s a propaganda term. From “Intellectual Property Watch” now comes this report about hypocrisy in Europe and also TRIPS, which is related to ACTA provisions that we mentioned before [1, 2, 3].

The European Commission on Monday released a report finding fault with a number of United States practices related to intellectual property rights policy, on copyright, geographical indications, trademarks and patents. The report is an answer, one might say, to the annual US Special 301 report that criticises US trading partners it deems unilaterally to be insufficiently protecting its companies’ IP rights.

[...]

And on patents, the US government frequently fails to comply with Article 31 of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which requires governments that use patents to promptly inform the patent right holders, the EU said. This means the right holders are likely to miss the opportunity to initiate an administrative claim process.

These disputes revolve around limitation and inconveniencing of scientists, who are usually far less interested in all this mess than lawyers and managers. As Barracuda’s CEO put it last year, “I would much rather spend my time and money and energy finding ways to make the Internet safer and better than bickering over patents.”

ACTA

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

2 Comments

  1. Yuhong Bao said,

    July 30, 2009 at 1:39 am

    Gravatar

    “All these propaganda terms need to be dropped.”
    Many of these are listed in FSF’s list of words to avoid:
    http://www.gnu.org/philosophy/words-to-avoid.html
    ““Intellectual monopoly” is still being described as “intellectual property” and there are even many Web sites that use this term in their name.”
    Yep, that term and the ideas associated with it is loaded with problems:
    http://www.gnu.org/philosophy/not-ipr.html
    http://www.techdirt.com/articles/20080306/003240458.shtml
    http://www.techdirt.com/articles/20080219/014250290.shtml
    http://www.techdirt.com/articles/20090719/0108125588.shtml
    There was even a video added to beginning of DVDs comparing piracy to shoplifting and other things. The developer of the Windows-only VirtualDub complained about it:
    http://www.virtualdub.org/blog/pivot/entry.php?id=204

  2. Yuhong Bao said,

    July 30, 2009 at 1:48 am

    Gravatar

    And I forgot to add a link to a slashdot comment about the propaganda words:
    http://slashdot.org/comments.pl?sid=1299791&cid=28666659

What Else is New


  1. Battistelli's 'Special Relationship' With Portugal and the 'Inventor of the Year' Charade

    What makes Portugal rather unique when it comes to Mr. Battistelli, who is allegedly desperate for support from smaller countries whose vote is easier to 'win'



  2. Patent Lawyers' Marketing Dominates and Marginalises Meaningful Analyses of Software Patenting in the US

    In an effort to create demand for software patents again, patent lawyers produce a huge heap of so-called 'analyses' which piggyback just one single decision (the exception, not the norm)



  3. A Mix of Patent Aggression and Sanctions/Raids (Using Controversial Patents) Against East Asian Companies

    New stories that demonstrate patent protectionism and show how Western industry, which barely makes anything anymore, relies on patents (software and design patents included) and this self-serving patent regime perpetuates itself even in Asia, where almost everything is actually being manufactured (and often/increasingly designed/developed too)



  4. Rumour: Battistelli Wants to Extend the Term of Topić's EPO Appointment in Spite of Criminal Charges Against Him

    The EPO's 'ringleader', Mr. Battistelli, is trying to keep his confidants (like Mr. Minnoye and Željko Topić) together for several more years to come, even defying rules regarding retirement age



  5. Links 29/5/2016: NetBSD 7.0.1, Genode OS 16.05

    Links for the day



  6. [ES] La Gerencia de la EPO Bajo Creciénte Estres por las Autoridades Legales Croatas, Políticas Alemanas, y los Medios Italianos

    Las cosas no son color rosa como la calma relativa sugiere, y esperamos en las próximas semanas mayores eventos otros que la protesta en todas las sedes de la EPO a través de Europa



  7. [ES] Los Medios de Comunicación Comienzan a Informar al Público Europeo Acercas de las Desventájas de la UPC Mientras que la EPO Acelera su Cabildeo por Ratificación

    La vergonzósa promoción de la UPC por parte de la EPO da otro paso adelánte mientras que venues de la prensa Europea (incluso canales de televisión) comienzan a explorar el arreglo secreto que es negociado por los abogados de patentes (con clientes corpórativos) y las oficinas de patentes, no el público o cualquier grupo que represente los intereses del público en general



  8. [ES] Algunos Detalles Acerca de ¿Cómo el Presidente de la EPO Es Rumoreado Estar Comprando Votos, y el Porqué es Suficientemente Base Para un Despido Inmediato?

    Algo de información tras las cortinas y una detallada explicación de la dependencia finánciera sistemática, creada por Battistelli a un costode €13 millónes o más, la cuál evita una efectiva supervisión de Battistelli



  9. Mishi Choudhary and Mike Masnick Explain Why India Should Reject Software Patents

    Both an Indian activist-lawyer and a widely-recognised author from the US explain to Indians why over-reliance on patents -- and acceptance of patents on software in particular -- is a very bad idea



  10. Microsoft Boosters Pretend Microsoft Fights for Privacy While the Company Uses Malware Tactics to Put Keyloggers on Everyone's Computers

    In spite of malware-inspired tactics that should land Microsoft in courts of law all around the world (as a defendant), Microsoft-friendly circles pretend that the company fights for people's rights like privacy -- all this when Microsoft installs keyloggers on people's PCs without their consent and obviously against their will



  11. Battistelli's Assault on EPO Staff's Right to Strike in Relation to French Politics and That 'Bicycle' Pretext for Crackdowns

    The latest bicycle 'gossip' and how it's being used, based on expectations from EPO staff, to introduce further crackdowns on human/labour rights



  12. Vice-President of the EPO Under Investigation: Treason, Abuse, Violations, Giving and Receiving Bribes

    An English translation of documents involving the Organised Crime Section of the Criminal Police Department in Zagreb, where the Vice-President of the EPO faces criminal charges



  13. EPO Management Warns People About Scams When the EPO's Management is Itself Falling for Scams

    Jesper Kongstad, the Chairman of the Administrative Council of the European Patent Organisation, helps demonstrate that not even the EPO is intelligent enough to spot an obvious scam



  14. Links 28/5/2016: Wine 1.9.11, New Gentoo

    Links for the day



  15. Links 27/5/2016: Android for Raspberry Pi, Google Beats Oracle in Court

    Links for the day



  16. Warning: EPO Surveillance May Have Just Gotten Even More Intrusive

    BlueCoat, which the EPO uses to enable oppression inside its European premises, has just gotten even nastier and staff may be at risk



  17. Victim Card Ends up in Another Blunder for Battistelli and His Six Bodyguards

    Battistelli is wrecking what's left of the EPO's reputation (after decades it took the Office to earn it) as the media continues to scrutinise his appalling regime



  18. Italian Report About EPO Now Available in English

    An English translation of a TV program which earlier this month documented some of the glaring problems at the EPO



  19. The EPO is Doing Great, Says EPO-Connected 'News' Site

    IAM 'magazine', a longtime ally of the EPO, gives people the impression that all is fine and dandy at the EPO even though that's clearly not the case



  20. Microsoft Has Killed Nokia (and Its Own Mobile Ambitions), But Watch What it Does With Patents

    Microsoft announces many more layoffs, having already caused tremendous damage to the Finnish economy, and patents are left astray for Microsoft's favourite patent trolls to pick



  21. EPO Management Under Growing Stress From Croatian Law Enforcement Authorities, German Politicians, Italian Media

    Things are not as rosy as the relative calm may suggest, and in the coming weeks we expect some major events other than the protest at all EPO sites across Europe



  22. Microsoft, a Dead Company Walking, Resorts to Malware Tactics, Now Truly Indistinguishable From Crackers

    Microsoft is essentially taking over people's PCs and installing on them a large piece of malware, complete with keyloggers, against the will of these PCs' owners



  23. Links 26/5/2016: CentOS Linux 6.8, Ansible 2.1

    Links for the day



  24. The Latest EPO Victim Card (Played by Željko Topić) Should be Treated as Seriously as Those Bogus Claims of Violence by a Judge (Updatedx3)

    In its desperate pursuit of a narrative wherein the staff of the EPO is violent and aggressive the management of the EPO, renowned for institutional aggression, finds (or claims to have found) a little tampering with a bicycle



  25. Links 25/5/2016: Nginx 1.11, F1 2015 Coming to GNU/Linux Tomorrow

    Links for the day



  26. The Media Starts Informing the European Public About the Downsides of UPC While EPO Accelerates Its Lobbying for Ratification

    The EPO's shameless UPC promotion takes another step forward as the European press outlets (even television channels) begin to explore the secret deal that's negotiated by patent lawyers (with corporate clients) and patent offices, not the public or any public interest groups



  27. Some Details About How the EPO's President is Rumoured to be 'Buying' Votes and Why It's Grounds/Basis for “Immediate Dismissal”

    Some background information and a detailed explanation of the systemic financial dependency, created by Battistelli at the cost of €13 million or more, which prevents effective oversight of Battistelli



  28. How the Patent Lawyers' Microcosm Continues to Boost Software Patents Filth by Misdirecting Readers, Relying on Highly Selective Coverage

    Under the guise of reporting/analysis/advice the community of patent lawyers is effectively lobbying to make software patents popular and widely-accepted again, based on one single case which they wish to make 'the' precedent



  29. Documents Show Zagreb Police Department in Investigation of Vice-President of the European Patent Office

    Željko Topić's troubles in Croatia, where he faces many criminal charges, may soon become an extraordinary burden for the EPO, which distances itself from it all mostly by attacking staff that 'dares' to bring up the subject



  30. [ES] Interrumpiendo la Propagánda Distractante de Battistelli: los Empleados de la EPO Protestará de Nuevo en una Quincena

    La exágerada extravagancia (desperdicio de dinero) en la Ceremonia de Premiación al Inventor Europeo de la EPO tendrá que competir por atención de los medios con miles de empleados de la EPO (en todaslas sedes de la EPO) marchándo en las calles para protestar por los abusos de la EPO


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