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

02.19.10

Patents Roundup: America, Europe and Asia Share a Problem with Software Patents

Posted in America, Asia, Europe, Intellectual Monopoly, Law, Patents at 6:27 pm by Dr. Roy Schestowitz

THIS is another quick summary of news about patents, which are harming the field of software.

What is IP?

Well, this new post about Apple’s iPad [1, 2, 3, 4, 5, 6, 7] gives a decent answer to the question, “what is intellectual property (IP)?”

Slaveware companies go even further and use the word IP to confuse users. IP is a stupid bundle of Trademark, Copyright, Patent and much more. You can’t put patents and Trademark in the same basket, especially in the case of software or products which are in the software format. In a lot of countries software patents are not valid, but with the usage of the word IP these companies try to bring software under that umbrella of protection.

This is partly inspired by the FSF/GNU explanation. “IP” is considered a term to avoid because it’s a perception changer that gets embedded in our language.

United States

Is embargo the new innovation? Sometimes it seems so:

US ITC to investigate Apple and RIM

THE US International Trade Commission (ITC) will launch an investigation into technology from Apple and Research In Motion (RIM) that seems to bear close resemblance to an invention claimed by Kodak.

US agency to investigate Blackberry and iPhone makers

The US International Trade Commission (ITC) has said it will investigate the makers of the iPhone and Blackberry, over technology used in their handsets.

Masnick adds:

Pretty much all smartphones are made outside of the US, so they can all be barred by the ITC, and with the technology in your average smartphone being covered by hundreds of patents, it’s almost certain that every smartphone infringes on a slew of patents.

Also from Masnick:

Firefox Guys Admit That Competition Is What Drives Innovation

[...]

Imagine if instead of thinking that way, the concept of a browser had been patented way back when? Does anyone honestly think that we’d have as innovative a web world as we do today?

Patents are a fence. Fences do not drive progress; it would be counter intuitive to grasp, too. So who benefits other than huge corporations and their lawyers? As this new document [PDF] exemplifies it, “ADC is a patent holding company founded by a patent attorney”

So the patent system serves lawyers pretty well, at the expense of scientists of course. It’s the “solicitor tax” applied to areas of science and those who exploit loopholes benefit the most.

Europe

Software patents might end up in Europe if lobbyists of companies like Microsoft get their way. The president of the FFII points to this comment which says: “The creation by CreditSuisse and Deutsche Bank of “patent funds” to purchase unused patents also indicates that money is entering the European market to finance litigation.”

He also links to this new analysis of the United Patent Litigation System (UPLS), stating that it’s about “European Patent Law [getting] outsourced outside of the EU.”

The idea of creating a single patent court for Europe in order to improve legal certainty as well as to reduce costs is inextricably intertwined with the idea of creating a unitary trans-national patent which has the same legal effect all over Europe and which goes well beyond the European bundle patent of our days. Without such new substantive patent law, any attempt to bundle the procedural aspects of litigation and nullity matters will surely be futile. When assessing the chances for a unification of patent courts in Europe we will have to look at the history and prospects of both ideas. If there is no unitary substantial patent law in Europe there will also be no European patent court.

And who would that be good for? Lawyers seeking maximal damages? This is similar to the notion of extradition, which means that people receive no protection from unjust or corrupt jurisdictions. How are increased penalties and punishments improving society/science in general? They aren’t, they don’t.

India

In India too there are attempts to formally legalise software patents and patent lawyers in the country already lick their lips.

He explained that he also expected changes in regulations that would soon permit software patent filing without independent of hardware patents, which would be a large growth area.

Software patents are a travesty. They are wanted by patent trolls/lawyers and software monopolies that want to shield their dominant position (i.e. prevent free market competition). Stallman explained the problem one year ago in Germany.

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

6 Comments

  1. The Mad Hatter said,

    February 20, 2010 at 7:44 pm

    Gravatar

    Roy,

    Get it right. Patents are a travesty. Doesn’t matter whether they are for hardware or software. Both are deadly.

  2. Roy Schestowitz said,

    February 21, 2010 at 3:40 pm

    Gravatar

    We’re mostly focused on software in the Web site.

  3. The Mad Hatter said,

    February 21, 2010 at 6:23 pm

    Gravatar

    There isn’t any difference where patents are concerned.

    Roy Schestowitz Reply:

    I think there is. Code has less of a design and manufacturing process, so software patents are relatively unmanageable and thus silly. From an economic point of view, they make no sense.

  4. The Mad Hatter said,

    February 22, 2010 at 2:52 pm

    Gravatar

    I know there isn’t. 10 years of working with hardware design, after 10 years of working with software design, tells me that there is no difference.

    Roy Schestowitz Reply:

    Fashion copyrights/patents are clearly one of the more ridiculous cases.

What Else is New


  1. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  2. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  3. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)



  4. Links 17/2/2017: Wine 2.2, New Ubuntu LTS

    Links for the day



  5. Bad Advice From Mintz Levin and Bejin Bieneman PLC Would Have People Believe That Software Patents Are Still Worth Pursuing

    The latest examples of misleading articles which, in spite of the avalanche of software patents in the United States, continue to promote these



  6. Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

    Patent maximalism and distortion of concepts associated with patents tackled again, for terminology is being hijacked by those who turned patents into their "milking cows"



  7. SoftBank Group, New Owner of ARM, Could Potentially Become (in Part) a Patent Troll or an Aggressor Like Qualcomm

    SoftBank grabbed headlines (in the West at least) when it bought ARM, but will it soon grab headlines for going after practicing companies using a bunch of patents that it got from Inventergy, ARM, and beyond?



  8. Technicolor, Having Turned Into a Patent Troll, Attacks Android/Tizen/Linux With Patents in Europe

    Technicolor, which a lot of the media portrayed as a patent troll in previous years (especially after it had sued Apple, HTC and Samsung), is now taking action against Samsung in Europe (Paris, Dusseldorf and Mannheim)



  9. Michelle Lee is Still “in Charge” of the US Patent System

    Contrary to a malicious whispering campaign against Lee (a coup attempt, courtesy of patent maximalists who make a living from mass litigation), she is still in charge of the USPTO



  10. Our Assessment: EPO Wants a Lot of Low-Quality Patents and Low-Paid Staff With UPC (Prosecution Galore)

    The European Patent Office seems to be less interested in examination and more interested in facilitating overzealous prosecution all across Europe and beyond; The Administrative Council has shown no signs that it is interested in profound changes, except those proposed by Battistelli in the face of growing resistance from staff and from ordinary stakeholders



  11. Links 16/2/2017: HITMAN for GNU/Linux, Go 1.8

    Links for the day



  12. Yet More Complaints About the European Patent Office in the Bavarian Regional Government

    Some German politicians do care about the welfare of EPO staff, a lot more so than the EPO's management that is actively crushing this staff



  13. EPO Staff Representatives to Escalate Complaint About Severe Injustices to the EPO's Secretive Board 28

    In a new letter to President Benoît Battistelli it is made abundantly apparent -- however politely -- that Battistelli's gross abuses could further complicate things for Battistelli, who is already embroiled in a fight with his predecessor, Roland Grossenbacher



  14. New Survey Reveals That High Patent Quality, or Elimination of Bad Patents, is Desirable to Patent Holders

    A new survey from Bloomberg BNA and AIPLA reveals that the Patent Trial and Appeal Board (PTAB), which still grows in prominence, is supported by people who have themselves gotten patents (not those who are in the bureaucracy of patents and self-serving politics)



  15. Open Patent Office is Not the Solution; Ending Software Patents is the Solution

    Our remarks about the goals and methods of the newly-established Open Patent Office and what is instead needed in order to combat the menace that threatens software development



  16. New Scholarly Paper Says “UK’s Withdrawal From the EU Could Mean That the Entire (Unitary Patent) System Will Not Go Into Effect”

    A paper from academics -- not from the patent microcosm (for a change) -- provides a more sobering interpretation, suggesting quite rightly that the UPC can't happen in the UK (or in Europe), or simply not endure if some front groups such as CIPA somehow managed to bamboozle politicians into it (ratification in haste, before the facts are known)



  17. Patent Trolls Update: Rodney Gilstrap Maintains His Support for Trolls, MPEG-LA Goes Hunting in China, and Blackberry Hits Nokia

    A roundup of the latest news about patent trolls and what they are up to in the United States, Europe, and Asia



  18. Guest Post: EPO, an Idyllic Place to Work

    The true face of the EPO as explained by an insider, recalling the history that led to the negative image and toxic work atmosphere



  19. Links 15/2/2017: Linux 4.9.10 and Linux 4.4.49

    Links for the day



  20. Claude Rouiller (ILOAT) and ILO Rulings Effectively Disregarded by the European Patent Office

    The compositions of kangaroo courts at the EPO continue to be absurd, in spite of a ruling from the International Labour Organisation (ILO), which insisted that change must be made following a lot of mistrials



  21. National Law Journal Believes That Gorsuch as Supreme Court Justice Would be Opponent of Patent Reform

    Whispering campaign surrounds Neil Gorsuch's alleged or perceived views on patents, and in particular the America Invents Act (AIA) which brought the Patent Trial and Appeal Board (PTAB), a serial invalidator of software patents, owing to Alice (a Supreme Court decision)



  22. Center for Intellectual Property Understanding (CIPU) is a Lobby Group for Software Patents and Patent Maximalism

    An introduction to what the Center for Intellectual Property Understanding really is, what it is for, and who is behind it



  23. The European Patent Office Looks More and More Like the Sicilian Mafia Every Day

    Battistelli has constructed or pulled together a Mafia-like family inside the EPO, where all those who protect the 'King' (or Don) are rewarded and the rest are removed with prejudice



  24. EPO-Connected Writers Are Using Alternative Facts or Fake News to Promote the Unitary Patent in British Media

    The misuse of publications for the purpose of lobbying by Battistelli and Team UPC (a small group of opportunists looking to exploit change that they themselves introduce) is worth noting, for its frequency is on the rise again



  25. Microsoft Has Not Managed to Blackmail Huawei Over Android and GNU/Linux, But Its Trolls/Satellites Are Trying

    The story of Huawei gets more complicated, even though software patents are losing their teeth and notorious patent trolls are altogether losing their patents



  26. IBM Has Become an Enemy of GNU/Linux and a Loud Proponent of Software Patents

    IBM's poisonous policy on patents, which has long been incompatible with Free/Libre software, has gotten even worse and the company now takes the lead in lobbying for patenting of software



  27. Leaked: European Patent Office a Fire Hazard Waiting to Cause Tragedy (Possible Deaths)

    The EPO has known for a while that is was not in compliance with regulations, but as usual -- flaunting immunity and impunity -- nothing happened



  28. For Valentine's Day, Battistelli Learns to Stop Worrying and Love to Lie

    Battistelli lies about patent quality once again, incidentally on the very same day that serious leaks regarding patent quality got published (and need distracting from)



  29. India Cites Public Interest in Patent Case Where Embargo Attempted Against Local Drugmaker

    India turns away a foreign corporation that attempts to use patents to shut down (or destroy the business model of) an Indian company



  30. Links 14/2/2017: Linux Lite 3.4, GNU Health 3.0.6

    Links for the day


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