02.10.11

USPTO Has Patents Blocking American Innovation, Brainwashed European Minority Wants to Emulate This Mess

Posted in America, Europe, Microsoft at 5:30 pm by Dr. Roy Schestowitz

Board room

Summary: Patent system leniency in the United States is causing legal chaos; the FSFE and FFII try to stop it from entering Europe ushered by lobbyists, countering a Microsoft mobbyist (Florian) in the process

A MAJOR shakeup in the patent world may be catalysed or caused in part by the LG-Sony patent fight, which is proving yet again that the patent system harms customers. It also helps drive companies outside regions which are zealous about patent ‘enforcement’ (taxing or removing products from the market).

TechDirt says that “The White House Wants Advice On What’s Blocking American Innovation”. Except for hostility towards science (including learning of evolution, as indicated in our daily links this week), there is the issue of excessive monopolisation, even of simple algorithms. To quote the concluding words from TechDirt:

I doubt my input will get read or, if read, anyone will care, but at least it’s worth a shot. Unfortunately, to date, it’s appeared that the administration is under the sway of lobbyists, who still pretend that the patent system of today really does increase innovation, and, thus, I can’t imagine they’ll be open to looking at the actual research on the issue or tackling the real problems of the patent system.

One need not look so far back to witness spurious patent battles because the case of TiVo and EchoStar is back to the headlines. Here is the TiVo statement and the DISH Network statement. There is a lot of accompanying coverage [1, 2, 3, 4, 5, 6, 7, 8, 9] and the endless fight goes on and on. Microsoft it also trying to embargo TiVo as part of its new strategy.

There is an ongoing debate about whether or not this mess can penetrate Europe, where such incidents are still very rare (and patent trolls are very scarce). The ‘EU patent’ is currently the main risk factor, so the FFII is fighting it back and the FSFE is trying to stop this too. A patent lawyer from Europe writes:

A decisive few weeks for the future of the European patent system; ECJ decision due on 8th March http://t.co/YcZ1OXU @iam_magazine

The article is accessible to subscribers only (echo chamber) and the President of the FFII says:

18 countries have now declared they want to go on EU patent close cooperation.

Then, Microsoft Florian started intervening, for example by chatting with Jan Wildeboer (Red Hat) and the President of the FFII. While the latter said that “If the harmful German decisions stays in Germany, I am fine with it [FUD from Florian], but the EUPC will expand them to the EU”

The mobbyist replied with more FUD: “UK isn’t much better. We’ll see what they do in the Apple/Nokia case in London.”

There is more of that sort of junk from Florian and the FFII’s representative breaks it apart by writing: “Damage control it is called. Time for a new directive.”

Notice how Microsoft apologists are defending the EU patent. It says a lot about how harmful it can be to Free/libre software.

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

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

2 Comments

  1. patent litigation said,

    February 15, 2011 at 1:59 am

    Gravatar

    The recent Intellectual Ventures suits present just one example showing that the NPE (“patent troll”) business model is fast becoming dominant in the world of IP. Thomas Edison held over 1,000 patents, but practiced none of them. He invented, which is what he did best, and let others manufacture products from his inventions. If an inventor cannot sue for patent infringement and recover damages, they why should anyone invent anything? Only vigorous patent enforcement rewards inventors for their inventions and incentivizes others to invent.

    Dr. Roy Schestowitz Reply:

    I humbly disagree. Most inventions are just enhancements of several existing inventions (Edison is known for this) and people profit from good execution of ideas, not exclusion. Monopolies like patents are putting a burden on each inventor, so think about one’s ability to practice when hundreds of thousands of people with patents breathe down one’s neck. Patents are a two-edged sword.

What Else is New


  1. Links 25/2/2021: Kali Linux 2021.1, Wine Launcher 1.4.46, and Google's Security Posing

    Links for the day



  2. Links 24/2/2021: MariaDB 10.5.9, Krita 4.4.3 Beta, and Debuginfod Server for Debian

    Links for the day



  3. Self-Host Your Videos, Take Full Advantage of HTML5 and Video Attributes

    For self-hosting of videos over the World Wide Web (Gemini too can handle videos; its clients/browsers can, for example, link video files/URLs to external media players) it's worth reviewing the full set of features made available by the standards because a lot can be accomplished without JavaScript and without unnecessary bloat/complexity



  4. Trying Out NoiseTorch to Reduce Background Sound/Noise in GNU/Linux

    An introduction to noisetorch (or NoiseTorch), an application that helps create virtual microphones/devices with reduced background noise



  5. How the Big Banks and OIN Can Whitewash Software Patents and Do Nothing Concrete About Patent Trolls

    Response to the puff piece entitled "How the Big Banks and OIN Can Lock Out Patent Trolls with Enabled Publications"



  6. IRC Proceedings: Tuesday, February 23, 2021

    IRC logs for Tuesday, February 23, 2021



  7. How to Set Up a Gemini Server of Your Own, Even on a Simple Single-Board Computer

    Using Agate to start one's own Gemini capsule (self-hosted) is a lot simpler than one might be inclined to believe; this is a detailed HOWTO, hoping to encourage more people to join Gemini space, which is fast-growing and free of garbage



  8. Links 23/2/2021: Tails 4.16, Libinput 1.17, Fwupd 1.5.7, Firefox 86, NeoChat 1.1

    Links for the day



  9. The Word Master is Not Problematic in Most Contexts and Its Origin Hasn't a Connection to Slavery

    Slavery is to the word "master" mostly disconnected; it might, however, be closely connected in the minds of racists or the agenda of highly racist corporations (profiting from racism) that look for ways to distract from their racism



  10. On Misapplication, Misuse, Overuse and Abuse of Words (to Suit False Narratives)

    It is looking like the word "abuse" has been extended to basically mean all sorts of things including the act of actually exposing real abuse



  11. The Administrative Council Needs to Fix the EPO While It's Still Possible

    EPO staff and former staff (pensioners) aren't happy and the it's the responsibility of the Administrative Council to do something before it's too late (the reputation of the Office is already severely harmed and it's unable/unwilling to recruit suitable and qualified people, both as examiners and managers, respectively)



  12. 'These Questions Remain Unanswered': Campinos Became Battistelli Just Halfway Through His Term

    The Central Staff Committee of the EPO highlights the grim situation or the deadlock reached after totally dysfunctional Office management somehow managed to kill off channels of communication, in effect going back to where things were back in 2018 under Battistelli



  13. 'The One Percent': Salary Adjustment Procedure (SAP) Supported Only by 1% of EPO Staff

    Out of 2,237 EPO workers who expressed their position on the SAP, which in essence lowers their salary, only 31 expressed support for it (that's 1.385%)



  14. IRC Proceedings: Monday, February 22, 2021

    IRC logs for Monday, February 22, 2021



  15. DDOS Attacks and Decentralisation

    Our server, which is shared among sites, has been under persistent distributed denial of service (DDOS) attacks almost every day in recent weeks, culminating in much worse attacks last night, but we're not too worried anymore



  16. Links 23/2/2021: Gemini (and Gopher) on the Rise Again, Systemd 248 Reaches RC1

    Links for the day



  17. On the Terms Master, Main and Abuse

    Reprinted with permission from Daniel Pocock



  18. Microsoft Inside — Part IV: Microsoft Everywhere, Looking to Poach Developers, Not Disclosing What It Really Wants

    As it turns out, just about everyone looking to recruit for a Microsoft-connected project/company (working on Raspberry Pi, Ubuntu etc.) near Microsoft is 'former' Microsoft, but people who are being approached aren't being told so, at least not upfront; those are very familiar and old tactics, which merit a word of caution to all



  19. Microsoft: We Ain't Done Until Raspberry Pi Won't Run (Anything But Our Proprietary Software With 'Telemetry' Surveillance)

    The ongoing series which we started yesterday and still publish today (about Microsoft recruiters) shows that Microsoft has rather toxic ambitions and the general idea is to infect everything with Microsoft, even the things that compete against Microsoft



  20. Controlling the Conduct of Large Corporations (and Monopolies) Would Help Tackle Disproportionate and Asymmetric Power Structures

    A "CoC" (Code of Conduct) is often crafted or drafted with good intentions; but with enforcement put in the wrong hands it is a tool of corporate oppression instead of protection of people's dignity



  21. Another Reason to Boycott Microsoft/GitHub: The War on Reverse-Engineering

    The high-profile fan-made reverse-engineering efforts are being proactively censored by Microsoft on behalf of another company (without as much as due process), reaffirming the problematic nature of GitHub, a monopoly that represses Free software developers



  22. Links 22/2/2021: Lots More About Linux on Mars, Release of 4MLinux 35.2

    Links for the day



  23. Microsoft Inside — Part III: Microsoft Finds Out That Free Software Developers Don't Want to Work for Microsoft on Microsoft Platforms

    The attempts to poach high-profile Free software and GNU/Linux developers aren't succeeding, especially once it turns out who's really behind those attempts (they don't give it away upfront)



  24. Techrights is Now in Gemini (Having Completed a Two Week-Long Migration) With Over 32,000 Pages in Total

    The site is now mirrored across an alternative to the World Wide Web



  25. Links 22/2/2021: Cherry Pi PC and Release of Xfce Panel Profiles 1.0.13

    Links for the day



  26. IRC Proceedings: Sunday, February 21, 2021

    IRC logs for Sunday, February 21, 2021



  27. The Focus on Delivery Style Rather Than the Substance is an Extension of Cancel/Censorship Culture

    Don't look away because some bits of information are new and unfamiliar; there is always suppressed information and companies tend to pay publishers to publish material contrary to what is true (to seed confusion and urge for a false sense of "balance")



  28. Microsoft Inside -- Part II: Microsoft Has Plans for the Raspberry Pi or Linux SBCs in General (and It Hides Its Role in That)

    Some 'former' Microsoft employees are looking to hire GNU/Linux developers/employees without revealing who they are and who they still work with (Microsoft)



  29. Links 22/2/2021: Oracle Solaris 11.4 SRU30 and Lubuntu in Focus

    Links for the day



  30. Technology Will Become More Inclusive When We Identify and Tackle the Root Causes, and Choice of Words Ain't That

    The troublesome misdirection from real issues (such as imperialism and racism that beget social apartheid) means that mainstream media hails corporations as the solution to the very problem they contribute to (for profit)


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