07.25.11

Gemini version available ♊︎

Mainstream Press is Turning Against Software Patents

Posted in America, Asia, Europe, Patents at 5:21 am by Dr. Roy Schestowitz

Newspaper

Summary: The consensus is being shifted as the alleged benefits of patent systems come under question in the US, India, and elsewhere

The fight over many issues is typically fought out in the media, where public opinion can be shaped using words like “piracy”. Over the years we have seen many conformist views in the media when it comes to patents, but the consensus is now leaning towards the opposite, except in the corporate press (not the same as the mainstream, despite overlap). According to this one site, “Software patents come home to roost” now that India-based companies are trolling companies in the US, using the USPTO against its clients (showing how the USPTO harms the very same nation it is based in while India’s patent office holds back on such foolish ideas):

Most people have heard of online trolls, people who take joy in being rude and sometimes even abusive. You might not have heard of patent trolls, but they are wreaking havoc in the software business, and some developers are threatening to quit the US unless patent laws are reformed.

Patent trolls are companies that collect patents and aggressively pursue anyone they think has infringed them. Often, patent trolls have no intention of developing the technology outlined in the patents. Instead, they act opportunistically to maximise the income from their patent portfolio.

Mumbai-based Kootol Software Ltd has given notice to over 32 companies whom it claims has infringed on its US patent for “messaging, publication and real time searching technology”. Amongst the accused are giants Microsoft, Google, Apple, Amazon and IBM, as well as social media sites Twitter, LinkedIn, Facebook and Foursquare.

“Software Patent Trolls In India” is another new headline that we found today. The article/blog post says:

Patent trolls are people or organisation that acquires a patent with the primary objective of non use of the same. Their main objective is to get maximum commercial benefit through licensing mechanism. They also intend to sue others for patent infringement and derive monetary benefits through compensation for the alleged patent infringement.

Software developers in US are frequently targeted by such patent trolls through cease and desist orders by alleging patent infringement. So bad has become the situation that software developers in US have threatened to leave US unless they are duly protected from such trolls.

So what is the position regarding the same in India. Patent Trolls and their Regulations in India is well founded says Praveen Dalal, managing partner of New Delhi based IP and ICT law firm Perry4Law. Indian Patents Act 1970 “Prohibits” Unfair Trade Practices of Hoarding a Patent by not using the same and hindering its availability to general public, informs Dalal

Pranesh Prakash argues: “Non-practising entities shouldn’t be entitled to sue for patent infringement.”

Moreover, it would make sense to prohibit lawsuit against another company in another country. This would help prevent many of Apple’s lawsuits against Linux/Android. They all use coercive means like economic sanctions.

Over in New Zealand we find this new article which says about a very recent broadcast:

Also on The Court Report this week, if you create something original, shouldn’t you be able to patent it? The obvious answer is yes … yet in New Zealand computer software is not eligible for patent. For an industry that seems rife with illegal copying and downloading, that may beggar belief. Certainly large software developers want to see this changed; they’re lobbying hard to see their work patented. But there is a less obvious side to this argument … because equally there’s a large group of developers who believe in free and open access to software. How can you grant a patent to something that’s little more than a collection of zeroes and ones?

If any of our reader has a link/file to the video, please share. We have heard from people who were involved in this debate, but publishing a copy would be useful (and compliant with fair use doctrine).

Over here in the EU (see wiki for background), this is this claim about the legality of a system that would potentially bring software patents into the whole of Europe in one fell swoop:

Under close scrutiny, it appears that the legal basis of the regulation on the unitary patent is at best questionable. At worst, such doubts could very well mean that the regulation is simply illegal. In a situation where the enhanced cooperation procedure is already undergoing two appeals before the European Court of Justice (ECJ), the future of the unitary patent cannot afford such strong legal uncertainty. Hopefully, some amendments to the proposed regulation could help the unitary patent to partly overcome this hindrance.

The site is actually on the bad side on this debate — that which helps large corporations outside of Europe without bringing benefits to Europe itself. Will democracy survive or will it be toppled by political abuse?

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 31/01/2023: Catchup Again, Wayland in Xfce 4.20

    Links for the day



  2. Links 31/01/2023: elementary OS 7

    Links for the day



  3. Intimidation Against Nitrux Development Team Upsets the Community and Makes the Media Less Trustworthy

    Nitrux is being criticised for being “very unappealing”; but a look behind the scenes reveals an angry reviewer (habitual mouthpiece of the Linux Foundation and Linux foes) trying to intimidate Nitrux developers, who are unpaid volunteers rather than “corporate” developers



  4. Links 31/01/2023: GNOME 44 Wallpapers and Alpha

    Links for the day



  5. Free and Open Source Software Developers' European Meeting (FOSDEM) and KU Leuven Boosting Americans and Cancellers of the Father of Free Software

    The Free Software Foundation (FSF) and its founder, Richard M. Stallman (RMS), along with the SFLC one might add, have been under a siege by the trademark-abusing FSFE and SFC; Belgium helps legitimise the ‘fakes’



  6. Techrights in the Next 5 or 10 Years

    Now that I’m free from the shackles of a company (it deteriorated a lot after grabbing Gates Foundation money under an NDA) the site Techrights can flourish and become more active



  7. 60 Days of Articles About Sirius 'Open Source' and the Long Road Ahead

    The Sirius ‘Open Source’ series ended after 60 days (parts published every day except the day my SSD died completely and very suddenly); the video above explains what’s to come and what lessons can be learned from the 21-year collective experience (my wife and I; work periods combined) in a company that still claims, in vain, to be “Open Source”



  8. IRC Proceedings: Monday, January 30, 2023

    IRC logs for Monday, January 30, 2023



  9. Taking Techrights to the Next Level in 2023

    I've reached a state of "closure" when it comes to my employer (almost 12 years for me, 9+ years for my wife); expect Techrights to become more active than ever before and belatedly publish important articles, based on longstanding investigations that take a lot of effort



  10. The ISO Delusion: When the Employer Doesn’t Realise That Outsourcing Clients' Passwords to LassPass After Security Breaches Is a Terrible Idea

    The mentality or the general mindset at Sirius ‘Open Source’ was not compatible with that of security conscientiousness and it seemed abundantly clear that paper mills (e.g. ISO certification) cannot compensate for that



  11. Links 30/01/2023: Plasma Mobile 23.01 and GNU Taler 0.9.1

    Links for the day



  12. EPO Management Isn't Listening to Staff, It's Just Trying to Divide and Demoralise the Staff Instead

    “On 18 January 2023,” the staff representatives tell European Patent Office (EPO) colleagues, “the staff representation met with the administration in a Working Group on the project “Bringing Teams Together”. It was the first meeting since the departure of PD General Administration and the radical changes made to the project. We voiced the major concerns of staff, the organization chaos and unrest caused by the project among teams and made concrete proposals.”



  13. Links 30/01/2023: Coreboot 4.19 and Budgie 10.7

    Links for the day



  14. IRC Proceedings: Sunday, January 29, 2023

    IRC logs for Sunday, January 29, 2023



  15. [Meme] With Superheroes Like These...

    Ever since the new managers arrived the talent has fled the company that falsely credits itself with "Open Source"



  16. Not Tolerating Proprietary 'Bossware' in the Workplace (or at Home in Case of Work-From-Home)

    The company known as Sirius ‘Open Source’ generally rejected… Open Source. Today’s focus was the migration to Slack.



  17. The ISO Delusion: A Stack of Proprietary Junk (Slack) Failing Miserably

    When the company where I worked for nearly 12 years spoke of pragmatism it was merely making excuses to adopt proprietary software at the expense of already-working and functional Free software



  18. Debian 11 on My Main Rig: So Far Mostly OK, But Missing Some Software From Debian 10

    Distributions of GNU/Linux keep urging us to move to the latest, but is the latest always the greatest? On Friday my Debian 10 drive died, so I started moving to Debian 11 on a new drive and here's what that did to my life.



  19. Stigmatising GNU/Linux for Not Withstanding Hardware Failures

    Nowadays "the news" is polluted with a lot of GNU/Linux-hostile nonsense; like with patents, the signal-to-noise ratio is appalling and here we deal with a poor 'report' about "Linux servers" failing to work



  20. Microsofters Inside Sirius 'Open Source'

    Sirius ‘Open Source’ has been employing incompetent managers for years — a sentiment shared among colleagues by the way; today we examine some glaring examples with redacted communications to prove it



  21. Links 29/01/2023: GNOME 43.3 Fixes and Lots About Games

    Links for the day



  22. The Hey Hype Machine

    "Hey Hype" or "Hey Hi" (AI) has been dominating the press lately and a lot of that seems to boil down to paid-for marketing; we need to understand what's truly going on and not be distracted by the substance-less hype



  23. IRC Proceedings: Saturday, January 28, 2023

    IRC logs for Saturday, January 28, 2023



  24. Unmasking AI

    A guest article by Andy Farnell



  25. The ISO Delusion/Sirius Corporation: A 'Tech' Company Run by Non-Technical People

    Sirius ‘Open Source’ was hiring people who brought to the company a culture of redundant tasks and unwanted, even hostile technology; today we continue to tell the story of a company run by the CEO whose friends and acquaintances did severe damage



  26. Links 28/01/2023: Lots of Catching Up (Had Hardware Crash)

    Links for the day



  27. IRC Proceedings: Friday, January 27, 2023

    IRC logs for Friday, January 27, 2023



  28. Microsoft DuckDuckGo Falls to Lowest Share in 2 Years After Being Widely Exposed as Microsoft Proxy, Fake 'Privacy'

    DuckDuckGo, according to this latest data from Statcounter, fell from about 0.71% to just 0.58%; all the gains have been lost amid scandals, such as widespread realisation that DuckDuckGo is a Microsoft informant, curated by Microsoft and hosted by Microsoft (Bing is meanwhile laying off many people, but the media isn’t covering that or barely bothers)



  29. This is What the Microsoft-Sponsored Media Has Been Hyping Up for Weeks (Ahead of Microsoft Layoffs)

    Reprinted with permission from Ryan



  30. [Meme] António Campinos Wants to Be F***ing President Until 2028

    António Campinos insists he will be EPO President for 10 years, i.e. even longer than Benoît Battistelli (despite having appalling approval rates from staff)


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