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. Great News: While IBM et al Try to Undermine Patent Reform the Supreme Court Deepens the Reform in TC Heartland Case

    In a unanimous decision, with the court ruling 8-0 against TC Heartland, the monkey business in East Texas (beneficial to patent trolls and large businesses that leverage software patents) may have just come to an end



  2. Speculations About Battistelli's End of Term, Campinos at EUIPO, and Failed UPC Ambitions

    Rumours and speculations surrounding the fate of the EPO's leadership now that the UPC gravy train is stuck again and Battistelli's protector, Jesper Kongstad, is about to leave



  3. Martijn van Dam is Wrong to Believe That Battistelli's Abuses Are Somehow Acceptable or Tolerable Because His Term is Possibly Ending

    Coverage of Martijn van Dam’s stance (he is the Dutch State Secretary for Economic Affairs) reveals that economic gain trumps ethics and justice, irrespective of what the law says



  4. Media and Staff Association Elections at EPO and WIPO Are Compromised

    A campaign of abuse (legal bullying) and gifting to the media, combined with a wide-ranging assault on critics who represent the interests of staff, have led WIPO and EPO down the route to totality



  5. New Documents Help Demonstrate That ILO Delivers Institutional Injustice to EPO Employees and Cushions Team Battistelli

    The International Labour Organisation Administrative Tribunal (ILOAT) delivers not justice but merely the illusion of justice, probably in defiance of Article 6 of the European Convention on Human Rights (ECHR)



  6. Leaked: 2017 European Inventor Award Finalists, or Stooges Whom the Tyrant Battistelli Exploits for PR Purposes and Media Manipulation

    The stupidest ceremony in Europe (turning serious science into something sketchy such as Eurovision) is disliked among EPO staff and is exploited by the person who destroys the EPO (Benoît Battistelli) to pretend all is fine and dandy, at huge expense to the Office (as extraordinary as about 5 million Euros for a ~2-hour show)



  7. EPO: Can the Staff Union of the European Patent Office (SUEPO) Still Save It?

    Genuine concerns about the slow process at the European Court of Human Rights (ECHR) and the lack of progress at ILO, which coincide with weakening of the unions and threat to jobs of patent examiners (leaving ordinary Europeans more vulnerable to meritless patent lawsuits)



  8. Links 21/5/2017: Linux 3.18.53, Tizen 4.0

    Links for the day



  9. Cloudflare's Enemy is Software Patents, Not Just One Software Patent or One Patent Troll

    With a bounty of $50,000, which is likely less than the cost of legal defense, Cloudflare looks for help with its own case rather than the underlying issues that need tackling worldwide



  10. Patent Laws -- and Especially Eligibility of Software Patents -- Are Being Hijacked by Large Corporations and Their Front Groups

    Intervention by large multinational corporations and their lawyers, front groups, etc. (like the classic lobbying model) gives room for concern in multiple continents where most software development is done



  11. Links 18/5/2017: Catching Up With the Past Three Days

    Links for the day



  12. The US Supreme Court Consults USPTO Director Michelle Lee Regarding the Patent Trial and Appeal Board (PTAB) Which is Invalidating Software Patents With CAFC's Approval

    Software patents continue to get knocked out by the Leahy-Smith America Invents Act (AIA) whose introduction of PTAB gave a helping hand to companies that are susceptible to abusive litigation (with bogus patents)



  13. IBM and Its Revolving Doors Lobby Are Plotting to Undermine Supreme Court Rulings to Restore Patentability of Software

    IBM has become so evil that it is now trying to steal democracy, label programmers "thieves", and basically attack the rule of law by extra-judicially overturning a Supreme Court decision



  14. 3 Years After the Alice Case at the Supreme Court the Plague of Software Patents is Easier to Cope With

    Litigation figures are down, rejection rates of software patents remain high, and only spin (e.g. cherry-picking) or constant lobbying can save those who used to profit from software patents



  15. The Attacks of Patent Trolls as Outlined in the Media This Past Week

    An outline of some of the latest troll cases to be aware of and their consequences too (e.g. software patents being used to literally shut down entire programs)



  16. Links 14/5/2017: Linux 4.12 RC1 and KDE Frameworks 5.34.0

    Links for the day



  17. Industry Giants Challenge Qualcomm's Patent Practices While the Federal Trade Commission (FTC) Closely Examines Such Behavior

    Scrutiny of Qualcomm's patent aggression and coercion -- scrutiny that can profoundly change the way software patents, SEPs and FRAND are viewed -- as seen in various amicus briefs (amici) from industry giants that are affected



  18. Professor Lisa Larrimore Ouellette Questions Whether Patents Work When Patent Scope is Too Broad

    Citing MIT economist (and MacArthur “genius”) Heidi Williams, Professor Lisa Larrimore Ouellette from Stanford challenges old myths and quotes: “we still have essentially no credible empirical evidence on the seemingly simple question of whether stronger patent rights—either longer patent terms or broader patent rights—encourage research investments.”



  19. OIN is Still a Distraction Unless We Want GNU/Linux to Coexist With Software Patents (Rather Than Eliminate Those)

    Another wave of media coverage by/for the Open Invention Network (OIN) necessitates a reminder of what OIN stands for and why it is not tackling the biggest problems which Free/Open Source software (FOSS) faces



  20. Links 13/5/2017: Neptune Plasma 5 ISO, a Shift to Free (FOSS) Databases

    Links for the day



  21. Countries With a Dozen European Patents Are an Easy Photo-Op 'Sell' for Battistelli While the EPO's Demise is Largely Ignored by the Patent Microcosm

    Behind the façade of legitimacy, the EPO suffers from an incompetent, insecure and delusional boss, whose actions will almost certainly lead to the collapse of both the Office and the entire Organisation (whose founding document he routinely shreds to pieces)



  22. Our Assessment: Unitary Patent (UPC) Will Crumble Along With Battistelli's Regime at the EPO

    A reflection and an opinion on where the EPO stands and what it means for the UPC, which doesn't seem to be going anywhere (it's all talk and lobbying)



  23. The European Patent Office Has a Long History/Track Record of 'Screwing' Contractors

    The European Patent Office (EPO) appears to have quite an extensive track record/reputation for ‘screwing’ contractors and then misusing immunity to get away with it



  24. Links 12/5/2017: Wine 2.8, Kdenlive 17.04.1, NHS Windows Syndrome

    Links for the day



  25. Links 11/5/2017: New OpenShot, GIMP, and GNOME (3.24.2)

    Links for the day



  26. The Sickness of the EPO – Part IX: Using Confidential Medical Records as a Weapon Against Staff

    In defiance/violation of labour laws and medical oaths etc. the EPO is passing around medical information, either for dismissal pretexts or a sort of blackmail -- a serious abuse in its own right



  27. The EPO is in Disarray and Additional Complaints to the European Court of Human Rights (ECHR) May Be Imminent

    Team Battistelli reaps what it has sown, as complaints are being made to a court with “47 member states [that] are contracting parties to the Convention,” (European Convention on Human Rights) according to Wikipedia



  28. By Promoting the UPC, in Defiance of Public Will, the EPO Has Become Patent Trolls' Best Friend

    The patent–industrial complex, aided by the EPO under Battistelli's iron-fisted reign, is trying to convince us that the UPC is coming soon and that it is desirable (it's neither of those things)



  29. Links 10/5/2017: Mesa 17.1, Git 2.13, Qt Creator 4.3 RC1, MINIX 3.4 RC6

    Links for the day



  30. Team UPC Still Twists and Fabricates Statements to Make It Seem Like Unitary Patent is Happening Soon

    The Unified Patent Court (UPC), a terrible system which was envisioned and covertly constructed by those who stand to benefit/profit from injunctions and trolling, is not going anywhere, but media which is dominated by Team UPC would have us believe otherwise


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