10.16.10

Canada Needs to Fight Back Against Software Patents and Business Method Patents

Posted in America, Europe, Patents at 8:25 am by Dr. Roy Schestowitz

Water leaf

Summary: A ruling in Canada jeopardises the county’s status when it comes to patent law; the FSFE publishes its rebuttal to the BSA’s software patents propaganda in Europe

“Amazon one click webshop patentable in Canada,” says Benjamin, the president of the FFII. “I predict an upswing of foreign filing activity in Canada,” argues Patrick Anderson, a graduate of MSU-Law, whom Benjamin cites. Here is a short analysis of the situation:

Blame Canada! Amazon Wins Argument at the CA Federal Court Over ‘One-Click’ Patent

After a decade-plus battle at the Canadian Patent Office and Patent Review Panel, the Canadian Federal Court made the following ruling on business method patents:

At its core, the question is whether a “business method” is patentable under Canadian law. For the reasons which follow, the Court concludes that a “business method” can be patented in appropriate circumstances.

We also alluded to this yesterday while covering the FSFE’s position. The FSFE was mentioned earlier in the week in relation to EU policy and BSA lobbying [1, 2]. Here is the refutation as text, starting with this introduction:

The Business Software Alliance (BSA) is pressuring the European Commission to remove the last vestiges of support for Open Standards from the latest version of the EU’s interoperability recommendations, the European Interoperability Framework.

FSFE has obtained a copy of a letter sent to the Commission by the BSA last week. In the following paragraphs we analyse the BSA’s arguments and explain why their claims are false, and why Open Standards are key to interoperability and competition in the European software market. We have shared this analysis with the European Commission.

Europe must not repeat the mistakes made by the USPTO. Neither should Canada. There are research groups which repeatedly show that more patents can simply discourage progress and here is one recent study whose abstract states:

We offer description and analysis of the 2008 Berkeley Patent Survey, summarizing the responses of 1,332 U.S.-based technology startups in the biotechnology, medical device, IT hardware, software, and Internet sectors. We discover that holding patents is more widespread among technology startups than has been previously reported, but that the patterns and drivers of holding patents are industry and context specific. Surprisingly, startup executives report in general that patents are providing relatively weak incentives for core activities in the innovation process. Our analysis uncovers that the drivers of startup patenting are often associated with capturing competitive advantage, and the associated goals of preventing technology copying, securing financing, and enhancing reputation – although again these and other motives depend on firm and industry factors. We also find substantial differences in the roles played by patents for startups in the biotechnology and medical device sectors – where patents are more commonly used and considered important – as compared to those operating in the software and Internet fields – where they are less useful. Interestingly, venture-backed IT hardware startups tend to resemble those in health-related fields in terms of their use of and motives for patenting. We generally find a wide disparity between the patenting behavior of venture-backed technology startups and those that are not funded with venture capital. We also discover that, when choosing not to patent major innovations, startups often cite to cost considerations, although again the motives to forgo patenting differ according to firm and industry characteristics. The respondents to our survey also generally report that checking the patent literature and licensing patents from others is reasonably common, although there too results differ according to the context. Other findings are discussed.

Canada seems to have become somewhat of an additional front for US conglomerates not just to export copyright law to; software patents too are becoming an issue worth tackling. The i4i case and 01 Communique show that it needs addressing. The sooner, the better.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2010/10/16/swpats-canada-amazon/

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

What Else is New


  1. [Meme] Bundestagate Series Spoiler

    The chain of command/s at the EPO typically leads to major tragedy



  2. Breaking News: Campinos to Appear Before the Legals Affairs Committee of the European Parliament on Monday 12 April

    "Some MEPs have been briefed about ongoing governance deficits at the EPO, in particular the lack of GDPR compliance and the sell-out of "digital sovereignty" to Microsoft, but it remains to be seen whether or not they will dare to bring these issues up during the hearing."



  3. Pro-FSF Petition (“An Open Letter in Support of Richard Matthew Stallman Being Reinstated by the Free Software Foundation”) Tops 6,200 Signatures

    Monopolies and their media, along with their NGOs, have spoken and incited based on falsehoods; people now respond so the hate letter has a real crisis



  4. Links 10/4/2021: osbuild 28, KDE Frameworks 5.81.0

    Links for the day



  5. EPOLeaks on Misleading the Bundestag -- Part 12: A Worthy Successor to His Mentor?

    We examine the role of Christoph Ernst in EPO management, both in the Benoît Battistelli era and the António Campinos era (plenty to hide)



  6. USPTO for Monopolies, Keeping GNU/Linux in the Dark

    Growing evidence of gross discrimination against GNU/Linux (or Free software, even BSD/UNIX) users at the USPTO is too hard to ignore; some people out there challenge the Office over this travesty



  7. Accessibility and Availability First

    To make Techrights more widely accessible and more difficult to block/censor we've been making further changes, including self-hosting where possible



  8. Self-Hosting Videos With Free Formats and Animated Previews, Watermarks/Logos and Translucency

    We examine the power of video editing with ffmpeg, chained with command-line scripting and HTML5 features



  9. Links 10/4/2021: Linux on M1, Wine 6.6, ClamAV 0.103.2

    Links for the day



  10. Lunduke: On Mob Justice in the Tech Industry

    A new video from the former Microsofter who fears the phenomenon that’s adopted by companies like IBM



  11. IRC Proceedings: Friday, April 09, 2021

    IRC logs for Friday, April 09, 2021



  12. EPOLeaks on Misleading the Bundestag — Appendix (Benoît Battistelli's Vichy Syndrome): Georges Henri Léon Battistelli and Charles Robert Battistelli

    Local copies with evidence of or something concrete about Benoît Battistelli’s connection to unsavoury — and by today’s standards outright fascistic — politics



  13. IBM Doubles Down on Masters Being an Acceptable Word in the Context of Technology

    3 days after this post which disproves IBM's stance or shows its double standards it once again says “Masters” in its official blog (won’t that offend and alienate some people as they insist?)



  14. Hate Letter Against Richard Matthew Stallman (RMS) Backfired So Spectacularly That Signers Asked to Revoke Their Own Signatures and the List Was Then Frozen Permanently (Updated)

    "An open letter in support of Richard Matthew Stallman being reinstated by the Free Software Foundation" tops 6,100 signatures (graph generated just moments ago)



  15. EPOLeaks on Misleading the Bundestag -- Part 11: The BMJV's Tweedledee: Dr Christoph Ernst

    The right-hand man of António Campinos plays a role similar to that of Herr Lutz before him



  16. Links 9/4/2021: Tanglet 1.6.0 and HPVM 1.0

    Links for the day



  17. The Libel Against Richard Stallman Did Not Age Well

    Almost 2 years down the line libel about the founder of the FSF remains online, uncorrected (in sites funded by Microsoft and IBM)



  18. The Letter in Support of the FSF and Richard Stallman is Backed by the International Community, Not American Monopolies and Nationalistic Elements

    Free software is for everybody to use, internationally, it is not the asset of a bunch of current and old monopolists (connected to the US military) that also control the media; the nature of the signatures says that out loud



  19. Gemini Over IPFS (Decentralised Web, Accessed Over Gemini Protocol)

    The Gemini protocol (gemini://) can already be used to fetch (at the back end) and present objects from a P2P-like network; we're currently exploring practical use cases and possibilities



  20. News Sites That Talk About Patents Have Become Shameless Self-Promotion 'Plugs' by Law Firms (and Sometimes Outright 'Spam' for Litigation)

    The sources of news about patent affairs have dried up; sites that actually used to investigate and report facts have since then shut down or defected to the Public Relations/marketing industry



  21. Links 9/4/2021: Kubernetes 1.21 and FFmpeg 4.4 Released

    Links for the day



  22. IRC Proceedings: Thursday, April 08, 2021

    IRC logs for Thursday, April 08, 2021



  23. [Meme] Self-styled Judges

    To suit a recurring theme at the EPO we hereby present Roland Lutz, a self-styled judge



  24. EPOLeaks on Misleading the Bundestag -- Part 10: A Faithful Lapdog Despised and Reviled by EPO Staff

    "In any event, the "Nazi" jibes directed against Lutz seem to have triggered Battistelli who decided to take revenge on his perceived enemies inside the EPO by smearing them as “Nazis”."



  25. Links 8/4/2021: GnuPG 2.3.0, Xen 4.15, Xfdashboard 0.9.2

    Links for the day



  26. The Hate Letter Which Backfired

    The FSF is more closely aligned with its founder's vision, his antagonists have left or are leaving, and that old hate letter turned out to be a loud minority (made to appear louder by biased media) emboldened by a gish gallop of lies



  27. IRC Proceedings: Wednesday, April 07, 2021

    IRC logs for Wednesday, April 07, 2021



  28. IBM: We Can Say It... You Cannot

    Blog posts such as this new one help show the hypocrisy or the double standards of IBM, looking to control speech while attacking people's (software) freedom/civil liberties and profiting from atomic bombs



  29. The Collapse of Microsoft Windows

    Although the corporate media keeps insisting that Microsoft is doing well, government (or military) bailouts keep the company afloat while its desperate attempts to remain relevant (as the common carrier languishes) merit a debate



  30. Links 8/4/2021: Mesa 21.0.2, GNU Releases, and Stable Kernels

    Links for the day


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

Recent Posts