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

12.12.09

Patents Roundup: Nokia and Apple Cross Swords, British Patent System Becomes Form of Tax, Israel Besieged by Software Patents

Posted in Apple, Asia, Law, Microsoft, Mono, Patents, TomTom at 6:38 pm by Dr. Roy Schestowitz

Nokia logo with Apple

Summary: Patent news from the United States, Europe, and a middle-eastern nation

Nokia and Apple are two patent monsters that we have warned about for years. They are now clashing with one another, so it’s mutual and counter-productive.

Responding to a lawsuit brought against the company by Nokia, Apple® today filed a countersuit claiming that Nokia is infringing 13 Apple patents.

Apple’s response is covered in many news sites [1, 2, 3] and even the Web site of Miguel de Icaza, who refused the see the writings on the wall when Microsoft sued TomTom (and before the FSF made its famous statement regarding Mono).

Over in the UK, the government is doing something rather bizarre with patents:

On the assumption that this is not a practical joke, it now seems that the British government is set to tax the fruits of research and development in order to fund … research and development. What a wonderful incentive to invest, particularly when other countries are encouraging R&D by doing the exact opposite. Merpel says, don’t worry: Britain’s best tax brains will soon find ways of showing that the income in question isn’t derived from patents at all, and the government’s coffers will be none the fuller.

See the comment from Sun’s Simon Phipps (a Brit).

Another Brit, Glyn Moody, has found even more bizarre stuff:

Objectivists: ‘All Property is Intellectual Property’

[...]

In other words, if you take a principled approach to IP, you endorse a system that condemns society to stagnation and death. So most proponents, like Rand, realizing this, start making ad hoc, unprincipled, utilitarian exceptions to avoid the most obvious, harsh consequences of a principled implementation of their confused IP ideas.

“Greed knows no bounds,” claimed Microsoft some years ago. It was referring to lawyer fees.

Over in Israel too, the threat of software patents is now looming.

As I have explained in this blog in earlier articles, I consider the copyright double protection idea is problematic since copyright protects the embodiment of the idea and not the idea itself. Why shouldn’t a software invention be protectable against reengineering? Is a 70 year protection against copying of any value in a field where a generation is usually 2 years? Considering software not technical is ridiculous. software is rightly considered an engineering discipline. Since algorithms can be hard-wired into chips or by a machine with valves, the concept of software being different from hardware is somewhat arbitrary. Nevertheless, Lord Justice Jacobs has presented powerful arguments as to why software patents are not in the interest of promoting progress and there is a large open-source community.

Abolishers of software patents (led by the FSF’s Ciarán O’Riordan) have already built this resource page about the subject.

The Israeli Patent Office (IPO) has launched a consultation on whether or not to allow software patents, with a February 2010 deadline. I’ve put the details at the end of this post, but first some background.

* The IPO consistently rejects software patents and business method patents. Examples:
o The 2005 rejection of the 142049 website patent
o The September 2006 rejection of the 131733 sales coupons patent
* Patent Attorney Ehud Hausman, with the support of international pro-swpat lobby group AIPPI, has been trying since 2007 to change this.
* He claimed in May 2008 to have partly convinced the IPO to grant software patents (but no change on business method patents). I’ve no third-party confirmation of this.

Who is funding these lobbyists? They are working for their own wallets.

“Plager said he regretted the unintended consequences of the decisions in State Street Bank and AT&T. Those rulings led to a flood of applications for software and business method patents, he noted. If we “rethink the breadth of patentable subject matter,” he said, we should ask whether these categories should be excluded from patent protection.” —US. Senior Judge S. Jay Plager, speaking at a symposium at George Mason University

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. Links 1/10/2014: OPNFV Goes Public, PDF Reader Pullout

    Links for the day



  2. Links 29/9/2014: OpenDaylight Helium Release

    Links for the day



  3. European Patent Office Disorganisation: Problems With the Audit Mechanisms - Part IV

    A prelude to a long article about a thug called Topić, his controversial Battistelli-sponsored appointment, and the removal of auditory functions by Battistelli



  4. More Good News About Demise of Software Patents and Along With Them, Consequently, Patent Trolls

    A weekly roundup of news about patents in the United States and elsewhere, with special focus on software patents



  5. IRC Proceedings: June 22nd, 2014 – September 13th, 2014

    Many IRC logs



  6. Links 28/9/2014: Moto X, End of OpenSUSE 11.4

    Links for the day



  7. CBS Continues to Get Heavily Occupied by Microsoft Staff to Spread Microsoft Propaganda

    The CBS-owned ZDNet continues to hire people who have worked or are currently working for Microsoft and unsurprisingly enough they use their newly-acquired positions to praise Microsoft and bash Microsoft's competition, usually with no disclosure of their conflict of interest



  8. Links 27/9/2014: Linux (Almost) Everywhere, Features Of Linux 3.17

    Links for the day



  9. Microsoft Fakes 'Charity' and Uses Religious Groups to Acquire Lock-in in the Public Sector

    Microsoft's involvements with NGOs and with governments lead to more distrust, more surveillance, less freedom, and ultimately systemic corruption



  10. Bill Gates' Privatisation Crusade

    Mr. Gates, seeking to increase his huge profits and political power, reaches out to Catholic leaders and David Christian



  11. Tux Machines Under DDOS Attack

    Most of Tux Machines continues to work as usual, but some parts are temporarily restricted to keep the server running



  12. Links 26/9/2014: LibreOffice Celebrations, Betas of *buntu

    Links for the day



  13. Links 25/9/2014: KDE Roadmap, Bash Bug, GNOME 3.14 in Next Fedora

    Links for the day



  14. Links 24/9/2014: GNOME 3.14 Released, Bash Has a Bug

    Links for the day



  15. Links 21/9/2014: Fedora 21 Alpha

    Links for the day



  16. More of Bill Gates' Investments in GMO and Mass Indoctrination Under the Disguise of 'Donations'

    Microsoft's arrogant and famously corrupt co-founder is taken to task by those whom he is trying to bamboozle for monopoly, unlimited cross-generational power, and never-ending profit without risk



  17. Home Depot Confirmed a Victim of Microsoft's Bad Security, Microsoft Lays Off Security-Related Staff

    News reports circulate showing that Home Depot was knowingly careless with its Windows dependency while Microsoft lays off staff focused on security



  18. European Patent Office/Organisation - Suspicion of Improper Collusion Between EPO President and Chairman of the Administrative Council: Part III

    A preliminary look at Battistelli's reign and how regulatory powers got abolished, leaving the EPO reckless and largely unaccountable



  19. Links 21/9/2014: xorg-server 1.16.1, Linux Kernel 3.16.3

    Links for the day



  20. Links 20/9/2014: GNOME 3.13.92, Android L

    Links for the day



  21. Scanning Patent Troll Implodes; Is the Podcasting Patent Troll Next?

    MPHJ loses and Personal Audio LLC perhaps wins for the last time since software patents are quickly losing legitimacy in the United States



  22. If CAFC is Not Above the Law, Then it Should be Shut Down Now

    A long series of abuses in CAFC may as well suggest that this court has become broken beyond repair



  23. The Latest From Microsoft Patent Trolls and Patent Partners

    Microsoft-linked and Linux-hostile trolls continue their relentless attacks (albeit with little or no success) while patents as a weapon lose their teeth owing to a Supreme Court ruling



  24. Microsoft Proves That Its Massive Layoffs Are Not About Nokia

    Microsoft is laying off a lot of employees who have nothing at all to do with Nokia



  25. Links 19/9/2014: Another Red Hat Acquisition, Netflix Dumps Microsoft Silverlight and Brings DRM to WWW

    Links for the day



  26. Links 18/9/2014: Windows Copying GNU/Linux, Germany Moves to Security

    Links for the day



  27. Web Site 'Patent Progress' Now Officially 'Powered by CCIA' (FRAND Proponent, Microsoft Front)

    After talking a job at CCIA, "Patent Progress" and its chief author should be treated as dubious on real patent progress



  28. Articles About the Death of Software Patents in the United States

    Recent coverage of software patents and their demise in their country of origin, where even proponents of software patents are giving up



  29. The Death of Software Patents is Already Killing Some Major Patent Trolls

    VirnetX seems to be the latest victim of the demise of software patents in the United States



  30. More Microsoft Layoffs

    More Microsoft layoffs go ahead as the company is unable to compete


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