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

09.30.10

Strong Momentum in the Fight Against Weak Patents

Posted in America, Europe, Free/Libre Software, FUD, GNU/Linux, Law, Microsoft, Oracle, Patents, Red Hat, SUN at 3:00 pm by Dr. Roy Schestowitz

Power expression

Summary: A roundup of stories about the fight against software patents in the United States and the fight to ease elimination of extremely bad ones (even Microsoft supports this latter fight)

STRONG OPPOSITION is being formed against software patents and yesterday we mentioned Red Hat's filing. Ars Technica covers this right about now, arguing very clearly that Red Hat is pushing for the end of software patents.

When the Supreme Court heard the Bilski case earlier this year, it ruled that the specific business method patent at issue in the case was invalid and contended that the patentability of intangible methods should be reduced but not eliminated. The court declined to provide clarity on the scope of software patentability, however, which leaves a lot of important questions unanswered.

[...]

Red Hat’s submission was authored by Rob Tiller, the company’s vice president and assistant general counsel. He argues that a growing number of vague patents on software methods have made it impossible to guess whether a new product will face the risk of litigation. His statement contends that the resulting landscape of uncertainty discourages innovation in the software industry.

LWN has covered this too and the thread is being trolled by Microsoft Florian, who spreads disinformation as usual (daemonising Red Hat and just about anything that resembles competition to Microsoft). For those who don’t know yet, Microsoft Florian works almost exclusively with Microsoft software. He only pretends to be a “FOSS” guy. He also lobbies in favour of software patents, not against them. It’s like with ACT, where the lobbyist pretends to represent the very opposite side which he or she lobbies for. It’s a common and highly unethical lobbying technique in the United States. It’s so common because it’s very effective (something along the lines of the “I like Linux, but…” troll). For those who do not know, Microsoft Florian’s mission seems to be ‘injecting’ the Microsoft line into GNU/Linux-oriented Web sites (he blocks feedback on his own ridiculous posts). Right now he is spinning it just like Microsoft Nick, simply because there is common ground on the issue of invalidating bad patents [1, 2, 3], not the stance against software patents. Microsoft spinners would love to mix the issues and fool those who are gullible or do not verify the facts. The Linux Foundation and Microsoft (and at times even the SFLC/FSF) agreed on some issues and worked together when it came to software liability for example. This does not mean that Microsoft is a friend of the Linux Foundation. To Microsoft it’s just a selfish deed, intended to save the Office cash cow from i4i (c/f i4i vs Microsoft).

One more thing to be said about Microsoft Florian (there are more details in our IRC logs) is that he attempts to be omnipresent by allegedly pasting the same comments in many different GNU/Linux-oriented sites and then modifying them slightly. That counts as spamming, just like mass-mailing journalists with slight personalisation is a form of spamming. Microsoft Florian does both. And all this coming from the same lobbyist who called FSF “spammers” for merely asking supporters to write their own letters in support of abolishing software patents? People are entitled to write to their own government or patent office? What a hypocrite. As gnufreex put it in IRC, “Mueller is attacking Red Hat for comoditising, and at same time, he defends TH’s [TurboHercules'] right to commoditise.” Microsoft Florian just repeats his lies over and over again in many places (with different audiences).

“Truth is, if Oracle’s acquisition failed, Sun would be sold to pieces. James Gosling implicitly admitted that the other day. Some pieces would go to trolls. So Moglen is right.”
      –gnufreex
For those who wonder where repeated messages are allegedly posted (and even double-posted in at least one case), the list includes Ars Technica, IT world (IDG), Computer World (IDG), LWN, Slashdot, and various blogs (he was banned from Groklaw). In Twitter, Microsoft Florian is promoting Mono, Microsoft repositories, and he is chatting with the Microsoft crowd, conspiring to smear all the groups and people who support software freedom. Microsoft MVP de Icaza even helps him smear some of those groups and sites. Perfect couple, eh?

“Florian’s points are all pretty weak,” explained to us a reader who brought some of these allegations (gnufreex). “But enough to fool the ignorant. So it is dangerous. Best bet is to elegantly refute his points. For example, his Moglen smears goes like this: “Moglen supported Oracle’s acquisition, so he is a sellout. Moglen also said that Oracle better home from Sun patents that Microsoft, and Microsoft never made bid for Sun. So Moglen is fear-mongering people against Microsoft/trying to make ‘em believe in bogeyman called Microsoft.

“Truth is, if Oracle’s acquisition failed, Sun would be sold to pieces. James Gosling implicitly admitted that the other day. Some pieces would go to trolls. So Moglen is right. Oracle is better than the alternative.”

Anyway, moving on a little, journalism on the subject of patents appears to be poor. TechDirt has just caught a good new example where a reporter could not tell the difference between copyright and software patents and thus misreported:

Michael Scott pointed us to a story from the Mass High Tech Business News claiming that Adobe had been hit with a copyright infringement lawsuit by EveryScape. That caught my eye because it’s pretty rare for there to be copyright infringement claims between software companies, since there needs to be actual copying of the code in question (in most cases), and that’s pretty rare. And, reading the article, it didn’t sound like anyone was actually alleging copying of code. The more I read, the more I suspected that the reporter just got the story totally wrong, and that this had to be a patent infringement case, rather than a copyright one.

And, indeed, that’s what it appears to be. The company EveryScape, appears to have two patents (7,327,374 and 7,593,022) on the technology being discussed here. I get that not everyone recognizes the differences between copyrights, patents and trademarks, but honestly, if you’re passing yourself off as a high tech publication, it seems like you should be able to get the basics down.

Here is one letter which has just been sent to the USPTO to protest against software patents:

I am a US citizen and software engineer. I am a named inventor on at least three patents (numbers 7,346,839, 7,409,383, and 7,783,639) and am named as an inventor for numerous pending patent applications. I am employed by Google, Inc.; this letter represents my personal opinion and not necessarily that of my employer.

Software patents are a significant threat to innovation in the software industry and, by extension, all of America’s technology-related businesses. While I understand the theoretical case that software patents can foster innovation – by encouraging investment and advancing the state of the art through disclosure – I have not seen this to be the case in any way in the software industry.

Software patents are not wanted even by American software engineers, but can they outnumber the patent lawyers and the lobbyists of software monopolists? It usually boils down to bureaucracy and greed, not science.

“The FT on the push for an EU patent,” says James Love regarding another new article whose first couple of paragraphs (needs subscriptions to read the rest) say nothing about the long-term impact on patentability of software. They make the Community patent (there are variations to this name) sound so attractive and sane.

A political push to create a single European Union-wide patent will get under way on Wednesday evening as EU industry ministers gather for an informal meeting in Brussels.

They will be urged to back a plan for a single patent that could apply across the 27-nation bloc and would be granted in one of three official languages – French, German or English.

Also on the subject of patents, gene patents [1, 2] suffer another well-deserved blow:

Several months ago we reported that a group of Australian plaintiffs had initiated litigation challenging the validity of Myriad’s Australian BRCA patents. Much like its U.S. counterpart, the Australian lawsuit represents a frontal attack on the patentability of genes.

Here in the U.S., the gene patent litigation shows no signs of reaching a swift resolution. Over the summer, Myriad appealed March’s widely-discussed district court ruling invalidating several of its key BRCA patents and claims, and the current appeal is unlikely to be the last, regardless of the outcome. In Australia, however, Myriad appears to be taking a different tack: offering to surrender its BRCA patent.

Recall the recent actions of Richard Stallman in Australia [1, 2]. Power to him.

Oddly enough, there is this new article with a sentence that bothered us slightly:

The number of U.S. software patents held by women has increased 45-fold since 1985; three times the national average.

Patents are not a measure of success and people need not measure innovation by the amount of papers accompanying some lines of code. Lawyers have an entirely different perspective and patent lawyers include the “innovation” meme alive as means of propaganda. Crosbie Fitch wrote to me and said: “People correlate patents as having caused innovation, not vice versa, inexorable progress attracting monopoly as a parasite. Indoctrination has it patents are modest reward for innovation, NOT that monopoly is excused by enumerating the obvious.”

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

8 Comments

  1. kozmcrae said,

    September 30, 2010 at 8:27 pm

    Gravatar

    So that’s who I’ve been doing battle with (Microsoft Florian). Your descriptions match a tiresome Toll on Computerworld (SJVN’s blog). He posted some comments that mysteriously disappeared in less than 20 minutes. A couple days later Joyce Carpenter (Moderator?) apologized for the missing comments and admitted that she didn’t know why they went missing. No problem. They were so juicy I didn’t hesitate to copy the page.

    Here’s the one I believe the Troll called in a favor on:

    “Chapman makes a fool of himself again”
    Submitted by Anonymous on September 23, 2010 – 9:49 P.M.

    “Richard, I’m highly educated. You probably don’t even have a high school education. An MBA is smarter than 99.9% of all the people in the world. So shut up, and don’t try to argue with someone whose smrater than you.”

    Whatever my education may be, I know enough to use the built-in spell checker in Firefox. I noticed too that he didn’t say he was an MBA.

    Dr. Roy Schestowitz Reply:

    I’m not sure it’s him. It’s not his style (too patronising/rude) and he’s a grammar Nazi, so I doubt he would have this many typos.

  2. kozmcrae said,

    October 1, 2010 at 11:24 am

    Gravatar

    Thanks, that’s good to know. Whoever he/she is, the style is consistent, mostly. The comment of mine he replied to must have touched a nerve because he seems to have lost it there. I try to ignore their insults. One thing they try to do is to drag the discussion down into a garbage filled quagmire of petty squabbles and unrelated topics.

    I would really like to tell my grandchildren how the War of Digital Independence was won, in person.

    Dr. Roy Schestowitz Reply:

    When people in the comments start attacking/threatening other people in the comments section, intervention becomes quite justified. That’s why we introduced a commenting policy last year (no comments deleted, but we defend readers and contributors from harassment).

  3. twitter said,

    October 1, 2010 at 12:33 pm

    Gravatar

    Software patents must be eliminated not made livable. The EFF and many other groups are mistakenly bolstering Microsoft’s effort to make the injustice of software patents something that business can tolerate. Microsoft’s move is much like what tobacco companies did to anti-smoking legislation thirty years ago, they channeled public resentment into non threatening forms. Public opinion, especially professional opinion, is against software patents. What Microsoft has asked for will work to advantage of big companies who can afford to defend themselves against bogus patents while using the same to exclude smaller competitors. It would be better to eliminate software patents, which are obnoxious government monopolies on business methods.

    dyfet Reply:

    Yes! Exactly!

  4. Agent_Smith said,

    October 1, 2010 at 12:50 pm

    Gravatar

    What awesome moments we’re living in: While people all over the world tries to set free from corporations, we see the dirty tricks, the usual dirty tricks, happening over and over again. Lets keep our spirit, and fight evil with instruction and knowledge. Donate knowledge to someone, anyone, you give something and don’t loose nothing in the process.

    Dr. Roy Schestowitz Reply:

    Yes, the flow of information is very crucial (Wikileaks too).

    Just don’t take the Internet for granted as that too is under attack:

    http://boingboing.net/2010/09/21/mpaa-actas-censoring.html
    http://yro.slashdot.org/article.pl?sid=10/09/21/2315251

What Else is New


  1. There is No 'New Microsoft': Under Nadella, Patent Extortion Against Linux/Android Carries on

    Kyocera is again being targeted by Microsoft, using patent aggression, with a secret settlement being reached whose negative impact on Android remains to be seen



  2. Patent Propaganda, Glamourisation, and Erosion of Citizens' Rights in the Process

    An overview of recent coverage about patents, demonstrative of inherent bias in the world of patent practitioners and the journalists whom they misinform



  3. Corporate Media Should Stop Grooming Black Duck by Calling it 'Open Source' and Repeating Its Lies

    Black Duck uses gullible (or easy to manipulate) journalists to spread its marketing talking points, which grossly overstate risks of using Free software



  4. Links 6/7/2015: Linux 4.2-rc1, YotaPhone Picks Sailfish OS

    Links for the day



  5. Microsoft Windows Unsafe at Any Speed, by Design

    More timely reminders that Windows is simply not designed to be secure, irrespective of version, status of patching, etc.



  6. After Moonlight Dies and Even Microsoft Abandons Silverlight, the Abusive Monopolist Keeps Pushing for Other Microsoft Lock-in, Injecting OOXML Traps Into Free Software (Moodle)

    Despite a long history of Microsoft formats being proven guarantee of digital obsolescence, Moodle allows itself to become Microsoft prey and a Trojan horse for OOXML in classrooms (for children)



  7. Links 4/7/2015: Mostly (Geo)Political Catchup

    Links for the day



  8. Links 3/7/2015: KDE Applications 15.04.3, Ubuntu-Flavored Compute Stick

    Links for the day



  9. Patent Lawyers and Their Firms, Still Desperate to Protect the Status Quo, Manipulate the Media

    Patent lawyers are besieged by gradual tightening of patent scope and recklessly fight back (e.g. by saturating the media) to secure their revenue sources, derived from (and at the expense of) actual scientists and true market producers



  10. Amid Controversy, Political Scrutiny and Increased Media Pressure Željko Topić and Benoît Battistelli Allegedly Cancel Today's Trip to Zagreb (Croatia) Where Topić Faces Many Criminal Charges

    The Croatian press comments on the recent declaration from the Council of Europe and Topić's not-so-sterling status in his home country, where he is wanted for alleged crimes



  11. Microsoft Gradually Embraces, Extends, Extinguishes Linux Foundation as a Foundation of GNU/Linux

    By liaising with (or hijacking) existing members of the Linux Foundation, as well as by paying the Linux Foundation, Microsoft turns the Linux Foundation into somewhat of a Windows advocacy group



  12. Microsoft India Still Lobbies and Lies About Free Software in Order to Knock Down Policy That Favours Free Software

    Microsoft continues to bully Indian politicians who merely 'dare' to prefer software that India can modify, maintain, extend, audit, etc.



  13. Patent Lawyers and Corporate Media Nervous About New Patents Barrier/Reality (Less Patents on Software and Business Methods)

    The rich and the powerful, as well as their lawyers (whose job is to protect their money and power by means of government-enforced monopoly), carry on whining after the Alice case, in which many abstract patents were essentially ruled -- by extension -- invalid



  14. Translation of Pierre-Yves Le Borgn' Speech Against EPO Management and New Parliamentarian Interventions

    More political fire targeting the EPO's management, adding up to over 100 parliamentarians by now



  15. Links 2/7/2015: KDE Plasma 5.3.2, antiX 15

    Links for the day



  16. Links 1/7/2015: OpenDaylight Lithium, OpenMandriva Lx 2014.2

    Links for the day



  17. Munich Press, Münchner Merkur, Slams the Munich-based EPO

    Pressure on Benoît Battistelli to leave (or be fired) grows as the cronies whom he filled his office with have become a huge public embarrassment to the decades-old European Patent Office



  18. The Shameless Campaign to Paint/Portray Free Software as Inherently Insecure, Using Brands, Logos, and Excessive, Selective Press Coverage

    Some more FUD from firms such as Sonatype, which hope to make money by making people scared of Free/libre software



  19. National Insecurity and Blackmail, Courtesy of Microsoft

    British members of parliament (MPs) outsourced their communication to the number one PRISM company and they are paying the price for it; The US Navy's systems continue to be unbelievably insecure (Windows XP), despite access to the world's biggest nuclear arsenal



  20. Microsoft Keeps Shrinking

    As the era of shrink-wrapped software comes to an end so does Microsoft, whose effort to become a 'cloud' company with online operations has been miserable at best



  21. They 'R' Coming: More Microsoft Money for the Linux Foundation

    The problem with having Microsoft in a Linux Foundation initiative, the R Consortium



  22. Speculations About the EPO's Possible Role in DDOS Attacks

    Readers' views on who might be behind the attacks on this site amid confirmation that it's on the 'targets' list of the EPO



  23. Links 30/6/2015: Linux Mint 17.2, OpenMandriva

    Links for the day



  24. Techrights Confirmed as a Target of EPO Surveillance, With Help From Control Risks Group (CRG)

    Unveiling the cloak of secrecy from long-term surveillance by the European Patent Office (EPO) and a London-based mercenary it hired, bypassing the law



  25. Google's Fight to Keep APIs Free is Lost, Let's Hope Google Continues Fighting

    SCOTUS refuses to rule that APIs cannot be considered copyright-'protected', despite common sense and despite Java (which the case is about) being Free/libre software



  26. Patent Trolls in the Post-Alice World

    A round-up of news about patent trolls in the United States, some of whom are are doing well and some of them not as well



  27. DDOS Attacks Against Techrights

    Information about some of the most recent DDOS attacks against this Web site and the steps to be taken next



  28. The Patent System Not What it Used to be, Large Corporations and Patent Lawyers the Principal Beneficiaries

    A look at some recent patent stories and what can be deduced from them, based on statistics and trends



  29. After Intervention by the Council of Europe Comes a Detailed Summary of the Situation in the European Patent Office (EPO)





  30. IRC Proceedings: May 31st - June 27th, 2015

    Many IRC logs


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