Bonum Certa Men Certa

Patents Roundup: ACTA Affects Patents, Philips Upset With the Patent System, NZOSS Responds to the Software Patents Lobby

David and Goliath ACTA
Famous depiction of David vs. Goliath (in the public domain)



Summary: As indicated in the title, this is a grouping of many patent news stories

Here in a nutshell are some of the latest developments regarding software patents.



Bad Apple



Apple is part of the software patents problem because it is already using them against GNU/Linux. Apple goes way too far, with trivial human actions written as software, then monopolised with aid from the USPTO (and ITC for enforcement). Here is the latest example. How far will the USPTO be willing to go? It has already gone way too far. Just consider copyrights on clothing, which gives a whole new meaning to 'stealing' of clothes.

ACTA



The release of ACTA for public viewing is hardly news. People have seen it for well over a year [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] through many leaks that also showed how it changed over time. ACTA does affect patent law, as we have known and noted all along [1, 2, 3, 4, 5]. Now this can be shown using a formal and authentic document rather than a leak. Glyn Moody quotes Hammerstein (former European member of parliament) as writing: "ACTA text: includes copyright and patents of Sections 1 through 7 of Part II TRIPS. not "counterfeit" treaty"

Hammerstein has had many other valuable things to share recently [1, 2, 3, 4, 5, 6, 7], so power to him.

Europe



EurActiv, a Web site that routinely covers activities such as lobbying in Europe, states that the "EU [will] convene [a] subgroup of 'innovation commissioners'" and begins as follows:

The European Commission will formally establish a subgroup of at least eight EU commissioners with a stake in innovation policy when it meets this week.


Glyn Moody responds to it by asking: "what's the betting they'll want more intellectual monopolies?"

The last thing that the Commission needs is yet more ACTA proponents like Luc Pierre Devigne or even Pedro Velasco-Martins. "But the ministers also make it explicit that Open Standards and interoperability are the way to go for the European public sector in general," says this separate new report from the FSFE. It looks rather encouraging:

The EU’s member states have just thrown their weight behind the principles of Open Standards and interoperability. At a meeting of the ministers for telecommunication and information society in Granada, Spain, the ministers of the 27 EU member states yesterday issued the Granada Ministerial Declaration on the European Digital Agenda [pdf].

[...]

FSFE is part of the IGF and has taken part in WSIS while it lasted. A lot of good work was done there, and we’re glad to see that the European member states value the principles of those fora.

Again, this is not the European Commission speaking, but the member states. The Commission itself has been sending mixed messages. In her parliamentary hearing, Neelie Kroes emphasised the importance of Open Standards. On the other hand, the department in charge of the Commission’s IT infrastructre, DIGIT, has been doing all it can to purge Open Standards (not to mention Free Software) from the revised European Interoperability Framework. There are also indications that Neelie Kroes is being pressured to remove references to Open Standards from theDigital Agenda policy paper which she is about to issue.


Philips, which is a software patents lobbyist based in Europe [1, 2, 3], is doing something similar to General Electric (GE), which is also a software patents lobbyist in Europe (lobbying alongside Microsoft). Philips complains about the patent system after GE sounded the alarm too and made similar complaints. From China Daily:

Noted for its international products and innovation, electronics giant Philips is also a pioneer in patent protection in China, ranking third among foreign companies for its more than 1,600 filings last year alone.

Such large numbers don't surprise industry insiders, as they reflect a worldwide trend - what Ruud Peters, company vice-president and CEO of Philips Intellectual Property and Standards, calls "global patent warming".

In fact overheated patent activity threatens to overwhelm the entire system, he said.

[...]

We have too many patents today and the patent system is facing the risk of being overwhelmed," Peters said.

"Most patent offices have been unable to cope with the steep increase in patent filings and a huge backlog of unexamined applications is building," Peters said. "For a time it was easier to get a patent granted, so the patent quality has decreased."

[...]

Outlandish or bad patents, frivolous lawsuits and high damage awards have triggered a public debate about the functioning of the entire system.


Philips is a European company, but its complaints refer also to American nations.

United States



Over in the United States, gene patents may have just been declared void [1, 2, 3]. Patents on life may be the latest form of patents to die and Wired Magazine looks back at the root of this issue exactly 23 years ago (April 21st, 1987).

1987: The U.S. Patent and Trademark office announces it will begin accepting patent applications for animals.


Justice Stevens is leaving as we've mentioned about 5 times by now and here is a long summary of things he has accomplished throughout his career (one of which is the Bilski decision).

Justice John Paul Stevens, who has served on the Supreme Court since 1975, announced on April 9, 2010, that he will retire when the Court completes its current term this summer. This article reviews his contributions to technology related areas of law.


New Zealand



Earlier today we wrote about software patents in New Zealand, noting yet again that it's mostly lawyers and multinationals who are fighting to make these patents legal. Here is the latest response from NZOSS:

In the letter Mr Matthews concludes that "NZCS represents a broad church of ICT professionals and no doubt some of our members have different views on software patents (as with all things). However in the same way that Section 92a of the Copyright Act was harmful, albeit with the best intentions, the evidence certainly appears clear that software patents are simply too potentially harmful to our sector, and in fact innovation in New Zealand, to support."


New Zealand is probably the hottest battleground at the moment when it comes to software patents. Whatever happens in New Zealand may impact other countries. To Microsoft, abolition of software patents must be like the "Red Threat" (Soviet communism) at the moment. So, it sends out the B-52s (lobbyists and partners) to help carry out the coup, as we have shown before.

Recent Techrights' Posts

Jonathan Cohen, Charles Fussell & Debian embezzlement
Reprinted with permission from disguised.work
GNU/Linux Continues to Get More Prevalent Worldwide (Also on the Desktop)
Desktops (or laptops) aren't everything, but...
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Links 16/04/2024: Levente "anthraxx" Polyák as Arch Linux 2024 Leader, openSUSE Leap Micro 6 Now Alpha, Facebook Blocking News
Links for the day
Apology & Correction: Daniele Scasciafratte & Mozilla, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
 
Ruben Schade's Story Shows the Toxicity of Social Control Media, Not GNU/Linux
The issue here is Social Control Media [sic], which unlike the media rewards people for brigading otherwise OK or reasonable people
Upgrading IRCd
We use the latest Debian BTW
The Free Software Community is Under Attack (Waged Mostly by Lawyers, Not Developers)
Licensing and legalese may seem "boring" or "complicated" (depending on where one stands w.r.t. development), but it matters a great deal
Grasping at Straws in IBM (Red Hat Layoff Rumours in 2024)
researching rumours around Red Hat layoffs
Who is a real Debian Developer?
Reprinted with permission from Daniel Pocock
Links 16/04/2024: Many More Layoffs, Broadcom/VMware Probed (Antitrust)
Links for the day
Links 16/04/2024: Second Sunday After Easter and "Re-inventing the Wheel"
Links for the day
Where is the copyright notice and license for Debian GNU/Linux itself?
Reprinted with permission from Daniel Pocock
Halász Dávid & IBM Red Hat, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Next Week Marks a Year Since Red Hat Mass Layoffs, Another Round Would be "Consistent With Other Layoffs at IBM."
"From anon: Global D&I team has been cut in half."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 15, 2024
IRC logs for Monday, April 15, 2024
Links 15/04/2024: Navartis, AWS and Tesla Layoffs
Links for the day
Gemini Links 15/04/2024: YAML Issues and Gemtext Specification 0.24.0
Links for the day
Richard Stallman to Give Public Talk in Portugal on Wednesday
new addition to his page
Richard Stallman's Hair Has Grown Back and He Does Not Talk About Cancer
May he live a long and happy life
New Video of Richard Stallman's Talk in Italy (Delivered a Week Ago)
a working copy of the video
Microsoft Windows Falling to New Lows in the United Kingdom and Worldwide
What's noteworthy here is that there's no sign at all of a Windows rebound
[Meme] Quantity of European Patents
they've rigged the system to make more money
Why do free software organizations eliminate community representatives?
Reprinted with permission from the Free Software Fellowship
[Teaser] Freenode LTD: What Happened
Upcoming series based on insiders' account with evidence
Links 15/04/2024: Signs of Desperation at Microsoft and Tesla Employees Brace for Mass Layoffs (Update: Yes, Over 10% at Tesla Laid Off)
Links for the day
Matthias Kirschner & FSFE People Trafficking, coercion of volunteers
Reprinted with permission from the Free Software Fellowship
Gemini Links 15/04/2024: Profectus Alpha 0.4 and RPG of One Capsule Progress
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 14, 2024
IRC logs for Sunday, April 14, 2024
Oceania: GNU/Linux Measured at Lower Than the International Average (4% or 7% Including ChromeOS)
statCounter's data
Human Rights Tribunal of Ontario (HRTO) Does Not Wish to Become an Instrument of Cost-Free Harassment or 'Cheap Revenge', It Says "Justice is Not Free. Quite the Contrary. Justice is Expensive."
Long story short, there is no lawsuit, there is a just a hateful, lying idiot abusing "the system" (which this idiot rejects entirely)
Achieving Objectives
The 'suits' and their vocabulary can be overcome when their deceit is widely deciphered:
Mozilla Has Turned Firefox Into OSPS Consistent With "Attestation" Objectives
Open Source Proprietary Software
100 years of Hitler & psychological experiments on volunteers
Reprinted with permission from the Free Software Fellowship
Taliban, the Free and Open Source Software Community Team of Afghanistan
Reprinted with permission from the Free Software Fellowship
Links 14/04/2024: Software Needed for Work and Issues in Brazil
Links for the day
Gemini Links 14/04/2024: OFFLFIRSOCH and Gemtext Specification 0.24.0
Links for the day
Links 14/04/2024: Tesla and OpenAI (Microsoft) Layoffs Floated in the Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 13, 2024
IRC logs for Saturday, April 13, 2024