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

05.08.10

Patents Roundup: Defensive Patent License, KnowRi§ht, Patent Overhaul Bill Stalled, Patent Absurdity, Brad Feld, and Pirate Party

Posted in America, Europe, Free/Libre Software, Law, Patents at 3:16 pm by Dr. Roy Schestowitz

Patent reform

Summary: About 8 stories on the subject of software patents and sometimes patents in general

A lot of patent news ought to be shared today, but we lack the time to annotate this all that much, so here are just the key links.

The Defensive Patent License makes patents less evil for open source (another “defensive” pool)

Open source developers notoriously shy away from pursing software patents. The concept is ugly to them.

“At Gnome, pretty much our whole community is anti-patent. They think they are evil. They think they will hurt them,” explained Stormy Peters, executive director of the Gnome Foundation, at a conference on Open Source and Patents held by the Silicon Flatirons, in Boulder last week.

But without patents of their own, FOSS developers have limited their defense against patent bullies, those seeking to stop innovation by filing patent infringement suits. And to some extent, having no patents makes them vulnerable to patent trolls, those who make no product and buy patents to collect royalties. So says the DPLs creators, Jason Schultz and Jennifer Urban, law professors and directors of UC Berkeley’s Samuelson Law, Technology & Public Policy Clinic.

KnowRi§ht conference speech on software patents, standards and competition (Florian’s contribution)

Should A Toy Plane Get More Intellectual Property Protection Than A Real Plane?

However, as Ray Dowd at the Copyright Litigation blog points out, this creates a bizarre situation where the inventor of an actual airplane might only get 20 years protection via a patent… but the maker of a toy knockoff of that real airplane?

Conyers: Patent Talks Appear ‘Stalled’ [via]

House Judiciary Chairman John Conyers, D-Mich., said Wednesday that talks on addressing concerns he and other House Judiciary members have raised about a Senate compromise patent overhaul bill appear to be “stalled.”

The patent bill “seems to be stalled somewhere between the House and Senate,” Conyers said during a hearing on the Patent and Trademark Office. He said after the hearing that he and ranking member Lamar Smith, R-Texas, and Judiciary members are considering offering a standalone bill on one of the less controversial provisions in the Senate compromise to allow the PTO to set its own fees and to bar Congress from diverting fee revenues to other government programs.

Tuesday, 18th May. Chris Warburton, “Sheffield University Free Software Society”. Plus Patent Absurdity. (yet another public showing of “Patent Absurdity”. The film was already mentioned in [1, 2, 3, 4, 5] and shown to the public in the Connecticut Film Festival)

This meeting is a double bill. A talk by Chris Warburton on the Sheffield University Free Software Society (FSS) and then a screening of Patent Absurdity.

Patent Absurdity is a documentary about software patents.

Software Patent Absurdity (also in TechnologyReview.com)

In additional “c’mon guys, software patents are invalid” news, there’s a great short movie that was supported by the Free Software Foundation called Patent Absurdity. It explores the case of software patents and the history of judicial activism that led to their rise, and the harm being done to software developers and the wider economy.

New federal Pirate Party wants to storm Parliament

The Pirate Party wants to change copyright law, giving artists more liberty to build on previous works and choose distribution and licensing models allowing them to make a living, and to help educate music artists about earning through means other than selling recordings through large corporate intermediaries. It pledges to evaluate introduction of levies to further compensate artists, but in turn, would make private, non-commercial copying of content legal and virtually unrestricted for consumers. Noting that current legislation grants patent owners 20-year monopoly rights, and contending that especially in the fast-moving software industry where inventions virtually always build on previous works, issuing patents on software consequently exposes innovators to lawsuit risk, chilling innovation, the party would ban software patents to encourage innovators to enter the market without fear of being sued.

Here in the UK, the analogous “Pirate” party has not gained significant momentum and we are sometimes told that there are other issues with its policies, including some which relate to copyright terms (the GPL relies on copyright law).

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

A Single Comment

  1. Jose_X said,

    May 9, 2010 at 7:34 am

    Gravatar

    I like the Pirate Party’s position. Pro culture (knock copyright down to a decade or even zero for noncommercial use) and abolish software patents to promote innovation.

    Gosh, but what about all the other issues?

    On other issues, they neutrally represent their constituents.

What Else is New


  1. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  2. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  3. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  4. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line



  5. The US Supreme Court (SCOTUS) Once Again Pours Cold Water on Patent Maximalists

    Any hopes of a rebound or turnaround have just been shattered because a bizarre attack on the appeal process (misusing tribal immunity) fell on deaf ears and software patents definitely don't interest the highest court, which already deemed them invalid half a decade ago



  6. Links 17/4/2019: Qt 5.12.3 Released, Ola Bini Arrested (Political Stunts)

    Links for the day



  7. Links 16/4/2019: CentOS Turns 15, Qt Creator 4.9.0 Released

    Links for the day



  8. GNU/Linux is Being Eaten Alive by Large Corporations With Their Agenda

    A sort of corporate takeover, or moneyed interests at the expense of our freedom, can be seen as a 'soft coup' whose eventual outcome would involve all or most servers in 'the cloud' (surveillance with patent tax as part of the rental fees) and almost no laptops/desktops which aren't remotely controlled (and limit what's run on them, using something like UEFI 'secure boot')



  9. Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF

    Restrictions on speech are said to have been spread and reached some of the most liberal circles, according to a credible veteran who opposes illiberal censorship



  10. Corporate Media Will Never Cover the EPO's Violations of the Law With Respect to Patent Scope

    The greed-driven gold rush for patents has resulted in a large pool of European Patents that have no legitimacy and are nowadays associated with low legal certainty; the media isn't interested in covering such a monumental disaster that poses a threat to the whole of Europe



  11. A Linux Foundation Run by People Who Reject Linux is Like a Children's Charity Whose Management Dislikes Children

    We remain concerned about the lack of commitment that the Linux Foundation has for Linux; much of the Linux Foundation's Board, for example, comes from hostile companies



  12. Links 15/4/2019: Linux 5.1 RC5 and SolydXK Reviewed

    Links for the day



  13. Links 14/4/2019: Blender 2.80 Release Plan and Ducktype 1.0

    Links for the day



  14. 'Poor' (Multi-Millionaire) Novell CEO, Who Colluded With Steve Ballmer Against GNU/Linux, is Trying to Censor Techrights

    Novell’s last CEO, a former IBMer who just like IBM decided to leverage software patents against the competition (threatening loads of companies using "platoons of patent lawyers"), has decided that siccing lawyers at us would be a good idea



  15. Guest Post: The Linux Foundation (LF) is “Putting the CON in Conference!” (Part 2)

    Calls for papers (CfP) and who gets to assess what's presented or what's not presented is a lesser-explored aspect, especially in this age when large corporate sponsors get to indirectly run entire 'community' events



  16. Patent Maximalists Are Enabling Injustices and Frauds

    It's time to come to grips with the simple fact that extreme patent lenience causes society to suffer and is mostly beneficial to bad actors; for the patent profession to maintain a level of credibility and legitimacy it must reject the deplorable, condemnable zealots



  17. Further Decreasing Focus on Software Patents in the United States as They Barely Exist in Valid Form Anymore

    No headway made after almost 4 months of Iancu-led stunts; software patents remain largely dead and buried, so we’re moving on to other topics



  18. Links 13/4/2019: Wine 4.6 and Emacs 26.2 Released

    Links for the day



  19. Links 12/4/2019: Mesa 19.0.2, Rust 1.34.0 and Flatpak 1.3.2 Released

    Links for the day



  20. Caricature: EPO Standing Tall

    A reader's response to the EPO's tall claims and fluff from yesterday



  21. The EPO is Slipping Out of Control Again and It's Another Battistelli-Like Mess With Disregard for the Rule of Law and Patent Scope

    The banker in chief is just 'printing' or 'minting' lots and lots of patents, even clearly bogus ones that lack substance to back their perceived value



  22. Global Finance Magazine Spreads Lies About the Unitary Patent and German Constitutional Court

    Alluding to the concept of a "unified European patent," some site connected to Class Editori S.p.A. and based in Manhattan/New York City tells obvious lies about the Unified Patent Court (UPC), possibly in an effort to sway outcomes and twist people's expectations



  23. New Building as Perfect Metaphor for the EPO Under the Frenchmen Battistelli and Campinos

    The EPO is in "propaganda mode" only 9 months after the latest French President took Office; the Office is seen as dishonest, even under the new leadership, which routinely lies to the public and to its own staff



  24. Links 11/4/2019: Twisted 19.2.0 Released, Assange Arrested

    Links for the day



  25. EPO Still Wasting Budget, Paying Media and Academics for Spin

    EPO money continues to flow like water into hands that are complicit in legitimising the EPO's management and policies; this highlights the grave dangers of lack of oversight at the EPO, not to mention lawlessness or lack of enforcement



  26. Links 10/4/2019: Microsoft's GDPR Trouble, New Fedora 29 Images

    Links for the day



  27. Linux Magazine is Run by Advertisers, Not GNU/Linux (and It's Hardly the Exception)

    Advertising is big money — so big in fact that publications no longer care what’s true but instead focus on what text brings them more income (from advertisers, of course)



  28. Guest Post: The Linux Foundation (LF) is “Putting the CON in Conference!” (Part 1)

    Proprietary software giants with their sponsorships and gifts are more like Trojan horses or parasites striving to infect the host; how can the LF be protected from them?



  29. EPO Benefits European Patent Trolls With Dodgy European Patents

    The EPO is a stepping stone for parasitic entities looking to leverage patents for exploitative extortion rackets all over Europe; if they get their way, companies that manufacture and sell things will pay a hefty tax to those who create nothing at all and are often not European, either



  30. The Myth of Quality of European Patents

    Mythology associated with superior quality of European Patents is an antiquated notion (it used to be true a long time ago) and this, along with other factors (such as disrespect for judges), is why the Unified Patent Court (UPC) is almost certainly doomed for good


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