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

09.28.09

Patents Roundup: Richard Stallman Versus Software Patents in NZ, Opposition to Monopolies, and Microsoft Hypocrisy

Posted in Courtroom, Free/Libre Software, Microsoft, Patents, Protocol at 4:21 pm by Dr. Roy Schestowitz

New Zealand flag

Summary: Richard Stallman to help New Zealand defeat software patents, which are mathematical monopolies based on the New Scientist; reform suffers setbacks and Microsoft is unable to obey patent law

Resistors

THE father of Free software, Richard Stallman, shall soon speak about software patents in New Zealand. Here is an introduction/abstract.

In this insightful discussion, international Free Software advocate Richard Stallman (RMS) will argue that software patents seriously and significantly obstruct software development.

Software patents are patents that cover software ideas. Stallman will argue that they restrict the development of software to the point that the risk of legal action as a result of design decisions is dramatically raised. Stallman will also make the point that patents in other fields restrict factories, but in IT, software patents restrict every computer user and consumer.

Stallman was giving such talks several years back when European activists staved off attempts to legalise software patents in Europe (Microsoft was among the large forces lobbying for it). Similar attempts are now being made to legalise software patents in New Zealand where Microsoft tries to colonise, not always successfully though.

Software is Mathematics

Here is a very recent article from the New Scientist, which is a distinguished publication. Therein we find a clear, scientific explanation of why software is mathematics (and should therefore not be patentable).

To prove mathematically that the 7500 lines of its kernel’s code were secure, Gerwin Klein of NICTA and his team first had to come up with a mathematical method to express the code. “In the end, programs are just mathematics, and you can reason about them mathematically,” says Klein.

One can join the latest discussion about software patents at Groklaw, where the invaluable finding shown above was first identified and brought to more people’s attention.

Reform

As we mentioned the other day, the Rick Frenkel (aka Patent Troll Tracker) case [1, 2, 3, 4, 5, 6, 7] is now settled and Law.com offers some more coverage. The sad thing is that those patent trolls managed to gag and perhaps permanently silence their biggest critic. According to Patently-O, on Obama’s agenda there are more intellectual monopolies, not less (no surprise there). Here are some details.

President Obama’s speech today focused on its newly formed “strategy for American innovation” — his “strategy to foster new jobs, new businesses, and new industries by laying the groundwork and the ground rules to best tap our innovative potential. . . .

[...]

Protect intellectual property rights. Intellectual property is to the digital age what physical goods were to the industrial age. We must ensure that intellectual property is protected in foreign markets and promote greater cooperation on international standards that allow our technologies to compete everywhere. The Administration is committed to ensuring that the United States Patent and Trademark Office has the resources, authority, and flexibility to administer the patent system effectively and issue high-quality patents on innovative intellectual property, while rejecting claims that do not merit patent protection.

There is some very strong language here; it is almost propaganda-inspired, as though it was written by patent lawyers to advance their personal agenda. The Director of the USPTO, David Kappos, says that patents are a “20-year monopoly”, which is not the same as referring to patents as a “property”, a “right”, “protection”, or intellect. It’s more of a blockade, but monopolies love those.

Microsoft

Microsoft still treats Exchange protocols as patents — a practice which is wrongly seen as acceptable (or a “necessary evil”) by some players in the relevant sector; Google is among the victims of ActiveSync, others being Linux vendors which succumbed to Microsoft's patent plot. The funny thing is that Microsoft ignores patent law when it suits its needs. Here is the latest turn of events in the i4i case, as described in the Wall Street Journal.

I4i Inc. doesn’t want to prevent Microsoft Corp. (MSFT) from selling its flagship Word product, it just wants Microsoft to remove i4i’s technology.

And the closely held Toronto company, which won its patent-infringement case against Microsoft in May, doesn’t appear willing to compromise on this point. “You can never say never,” said i4i Chairman Loudon Owen, regarding a settlement with Microsoft, “but we’re here to build our business and we’re here to compete.”

More information about the i4i case can be found in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. It’s an embarrassment to Microsoft and it shows the company’s endless hypocrisy when it comes to software patents.

“The only patent that is valid is one which this Court has not been able to get its hands on.”

Supreme Court Justice Jackson

Software patents protest in India

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. Judge and Justice Bashing in the United States, EPC Bashing at the EPO

    Enforcement of the law based on constitutional grounds and based on the European Patent Convention (EPC) in an age of retribution and insults -- sometimes even libel -- against judges



  2. Looking for EPO Nepotism? Forget About Jouve and Look Closely at Europatis Instead.

    Debates about the contract of Jouve with the EPO overlook the elephants in the room, which include companies that are established and run by former EPO chiefs and enjoy a relationship with the EPO



  3. Depressing EPO News: Attacks on Staff, Attacks on Life, Brain Drain, Patents on Life, Patent Trolls Come to Germany, and Spain Being Misled

    A roundup of the latest developments at the EPO combined with feedback from insiders, who are not tolerating their misguided and increasingly abusive management



  4. It Certainly Looks Like Microsoft is Already Siccing Its Patent Trolls, Including Intellectual Ventures, on Companies That Use Linux (Until They Pay 'Protection' Money)

    News about Intellectual Ventures and Finjan Holdings (Microsoft-funded patent trolls) reinforces our allegations -- not mere suspicions anymore -- that Microsoft would 'punish' companies that are not paying subscription fees (hosting) or royalties (patent tax) to Microsoft and are thus in some sense 'indebted' to Microsoft



  5. Links 24/3/2017: Microsoft Aggression, Eudyptula Challenge Status Report

    Links for the day



  6. Bernhard Rapkay, Former MEP and Rapporteur on Unitary Patent, Shoots Down UPC Hopes While UPC Hopefuls Recognise That Spain Isn't Interested Either

    Germany, the UK and Spain remain massive barriers to the UPC -- all this in spite of misleading reports and fake news which attempted to make politicians believe otherwise (for political leverage, by means of dirty lobbying contingent upon misinformation)



  7. Links 23/3/2017: Qt 5.9 Beta, Gluster Storage 3.2

    Links for the day



  8. The Administrative Council of the European Patent Organisation Has Just Buried an Innocent Judge That Battistelli Does Not Like

    An innocent judge (never proven guilty of anything, only publicly defamed with help from Team Battistelli and dubious 'intelligence' gathering) is one of the forgotten casualties of the latest meeting of the Administrative Council (AC), which has become growingly complicit rather than a mere bystander at a 'crime' scene



  9. Nepotism at the European Patent Office and Suspicious Absence of Tenders for Big Projects

    Carte blanche is a French term which now perfectly describes the symptoms encountered in the European Patent Office, more so once led by a lot of French people (Battistelli and his friends)



  10. “Terror” Patent Office Bemoans Terror, Spreads Lies

    Response to some of the latest utterances from the European Patent Office, where patently untruthful claims have rapidly become the norm



  11. China Seems to be Using Patents to Push Foreign Companies Out of China, in the Same Way It Infamously Uses Censorship

    Chinese patent policies are harming competition from abroad, e.g. Japan and the US, and US patent policy is being shaped by its higher courts, albeit not yet effectively combating the element that's destroying productive companies (besieged by patent trolls)



  12. 22,000 Blog Posts

    A special number is reached again, marking another milestone for the site



  13. The EPO is Lying to Its Own Staff About ILO and Endless (Over 2 Years) EPO Mistrials

    The creative writing skills of some spinners who work for Battistelli would have staff believe that all is fine and dandy at the EPO and ILO is dealing effectively with staff complaints about the EPO (even if several years too late)



  14. EPO’s Georg Weber Continues Horrifying Trend of EPO Promoting Software Patents in Defiance of Directive, EPC, and Common Sense

    The EPO's promotion of software patents, even out in the open, is an insult to the notion that the EPO is adhering to or is bound by the rules upon which it maintains its conditional monopoly



  15. Protectionism v Sharing: How the US Supreme Court Decides Patent Cases

    As the US Supreme Court (SCOTUS) starts delivering some decisions we take stock of what's to come regarding patents



  16. Links 22/3/2017: GNOME 3.24, Wine-Staging 2.4 Released

    Links for the day



  17. The Battistelli Regime, With Its Endless Scandals, Threatens to Crash the Unitary Patent (UPC), Stakeholders Concerned

    The disdain and the growing impatience have become a huge liability not just to Battistelli but to the European Patent Office (EPO) as a whole



  18. The Photos the EPO Absolutely Doesn't Want the Public to See: Battistelli is Building a Palace Using Stakeholders' Money

    The Office is scrambling to hide evidence of its out-of-control spendings, which will leave the EPO out of money when the backlog is eliminated by many erroneous grants (or rejections)



  19. In the US Patent System, Evolved Tricks for Bypassing Invalidations of Software Patents and Getting Them Granted by the USPTO

    A roundup of news about patents in the US and how the patent microcosm attempts to patent software in spite of Alice (high-impact SCOTUS decision from 2014)



  20. “Then They Came For Me—And There Was No One Left To Speak For Me.”

    The decreasing number of people who cover EPO scandals (partly due to fear, or Battistelli's notorious "reign of terror") and a cause for hope, as well as a call for help



  21. As Expected, the Patent Microcosm is Already Interfering, Lobbying and Influencing Supreme Court Justices

    The US Supreme Court (SCOTUS) is preparing to deliver some important decisions on cases with broad ramifications, e.g. for patent scope, and those who make money from patent feuds are attempting to alter the outcome (which would likely restrict patent scope even further, based on these Justices' track record)



  22. Intellectual Ventures -- Like Microsoft (Which It Came From) -- Spreads Patents to Manifest a Lot of Lawsuits

    That worrisome strategy which is passage of patents to active (legally-aggressive) trolls seems to be a commonality, seen across both Microsoft and its biggest ally among trolls, which Microsoft and Bill Gates helped create and still fund



  23. What the Patent Microcosm is Saying About the EPO and the UPC

    Response to 3 law firms and today's output from them, which serves to inform or misinform the European public at times of Big Lies and fog of (patent) war, revealing the true nature of 21st century asymmetric patent warfare and lobbying



  24. Tough Day for the EPO's Media/Press/PR Team, Trying 'Damage Control' After Important Techrights Publications

    In an effort to save face and regain a sense of legitimacy the EPO publishes various things belatedly, and only after Techrights made these things publicly known and widely discussed



  25. Links 21/3/2017: PyPy Releases, Radeon RX Vega, Eileen Evans at Linux Foundation

    Links for the day



  26. In IAM, Asian Courts That Deliver Justice Are “Unfriendly” and Asian Patent Trolls Are Desirable

    Rebuttal or response to the latest pieces from IAM, which keeps promoting a culture of litigation rather than sharing, collaboration, negotiation, and open innovation



  27. At EPO “I Have the Feeling That Lowering Quality is Part of a Concerted Plan.”

    Growing concern about patent quality at the EPO -- a subject which causes managers to get rather nervous -- is now an issue at the forefront



  28. EPO Reduces the World to Just Seven Nations to Bolster an Illusion of Growing 'Demand' for European Patents

    The unscientific -- if not antiscientific -- attitude of the European Patent Office (EPO) continues to show with the arrival of yet more misleading 'infographics' (disinfographics would be a more suitable term)



  29. Letter to Angela Merkel Expresses Concerns About Impact of EPO Scandals on Germany and Its Image

    Dr. Angela Merkel, arguably the most powerful woman in the world, is being warned about the consequences of Germany ignoring (and hence facilitating) the abuses of Benoît Battistelli



  30. EPO Caricature: Low Patent Quality Not an Achievement

    A new cartoon about the legacy of Battistelli, which ruins both inventors and staff (examination) while handing money to abusers


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