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

09.07.11

Government Married to Mega Corporations, No Genuine Patent Reform Planned yet

Posted in America, Patents at 5:16 pm by Dr. Roy Schestowitz

Wedding vows

Summary: Why most mentions of a “reform” in the USPTO are misleading for the time being

THE NEWS on the patents front quieted down this month. We are not ignoring any of it. But it interesting to see that preservation of broken systems seems to strike a nerve with the public, yet officials mostly ignore it. What does that say about the government allegedly elected by the people (with corporate campaign funding)?

The truth of the matter is, based on news reports [1, 2] only a fake ‘reform’ is being put forward and sites like TechDirt correctly slam it:

With Congress and the President pretending that a bad patent reform bill is all about “creating jobs” even as there’s little evidence that the reforms will actually do anything, Congress appears to be poised to approve the bill. Of course, the bill does almost nothing to address the real problems of the patent system, but that won’t stop the grandstanding. More important, it won’t stop the political back-scratching. While Congress won’t debate the bigger issues, they will be considering amendments that benefit a particular constituency rather than looking at anything that will actually benefit innovation or the economy.

Brian Proffitt is being pessimistic in his new post, “The bottom line of software patent reform”. In this somewhat defeatist post he argued that: “Critics of software patents argue that it would be great if all the extra legal overhead of this litigation could just go away. But if the bottom line says that it’s cheaper to just hire better lawyers rather than suffer the potential risks of young upstart competitors stealing even more revenue and customers, then businesses will opt for the former every time.

“This is why lawmakers only make half-hearted efforts to examine patent reform. They may listen to the latest big company that complains (like Google), but if and when that company moves on to pursuing their own litigation, why bother listening? Not to mention lobbying pressure from all the lawyers who are getting paid quite well to pursue these cases on behalf of their clients.”

Google is a tricky one because it is not doing the right thing by choosing the expensive and ineffective path. Clint Boulton says that they bought junk patents and we already know that Microsoft plans to attack Google through patent trolls like MOSAID. Google cannot use patents defensively against patent trolls.

Proffitt continues: “It’s a depressing situation all the way around, in all business sectors, at all levels of government. Litigation is a business expense that many businesses are willing to put time, effort, and money into if it can give them an edge over a competitor.

“Can software patents ever be reformed? Possibly, if enough lawsuits lose and companies realize that there’s no percentage in the game.

“It won’t be an ethical decision that drives reform, sadly, but a financial one.”

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

A Single Comment

  1. Michael said,

    September 7, 2011 at 7:06 pm

    Gravatar

    Hey, for a change an excellent article. Good to read.

What Else is New


  1. Links 22/8/2014: Linux Foundation LFCS, LFCE

    Links for the day



  2. UPS Burned by Microsoft Windows, Gives Away Massive Number of Credit Card Details

    UPS is the latest victim of Microsoft's shoddy back door with software on top of it (Windows); attempts to blame FOSS for data compromise actually divert attention from the real culprit, which is proprietary software



  3. Microsoft's Funding of ALEC and Other Systemic Corruption

    Microsoft role in writing of laws by proxy, via groups such as ALEC



  4. Microsoft is Still Preying on British Taxpayers, Playing Politics

    Some news from the UK showing how Microsoft uses politics to extract money out of taxpayers, irrespective of their preferences



  5. Microsoft's Patent Troll Intellectual Ventures is Collapsing as 20% of Staff Laid Off

    More good news regarding the demise of patents as Microsoft's leading patent proxy is collapsing more rapidly than anyone ever imagined and software patents too are collectively doubted



  6. Links 21/8/2014: Conferences of Linux Foundation, Elephone Emerges

    Links for the day



  7. Links 20/8/2014: Linux Event, GNOME Milestone

    Links for the day



  8. Corruption Watch: Microsoft Lobbying Designed to Kill Chile's Free Software Policy and Promote Microsoft With Subsidies, More Dirty Tricks Emerge in Munich

    icrosoft is systematically attacking migrations to GNU, Linux and Free software, using dirty tricks, as always



  9. Vista 8 Such a Disaster That Even Microsoft Cannot Cope With It, Vapourware Tactics Start Early

    Microsoft's Windows-powered services are failing and Windows gets bricked by Microsoft patches, whereupon we are seeing yet more of Microsoft's vapourware tactics (focusing in imaginary, non-existent versions of Windows)



  10. On BlackBerry and Other Patent Trolls

    A roundup regarding patent trolls, starting with the bigger and latest joiner, BlackBerry's new patents apparatus



  11. Links 19/8/2014: Humble Jumbo Bundle 2 Betrayal, Mercedes-Benz Runs GNU/Linux

    Links for the day



  12. BlackBerry -- Like Microsoft Nokia -- Could be the Next Patent Proxy Troll

    BlackBerry is restructuring for patent assertion (i.e. trolling) in the wake of some alliances with Microsoft



  13. After Microsoft's Soft Bribe Some Non-Technical Deputy Does Not Like Free Software, Microsoft-Linked Media Responds to This Non-News by Making Bogus Claims of Munich Leaving GNU/Linux (Updated)

    The subversive forces that have secretly been attacking Munich over its migration to GNU/Linux (Microsoft press, Gartner, and even HP) are back to doing it while China and Russia follow Munich's lead



  14. Gates Foundation CFO Quits and Debate About Revolving Doors Recalled Amid Systematic and Shrewd Bribery of Public Officials

    More officials step out of the Gates Foundation and their destination is not known yet; Gates continues to corrupt the public sector with his money so as to increase personal gain at taxpayers' expense



  15. Links 19/8/2014: GNU/Linux Raves and Alternative to Proprietary Voice Chat

    Links for the day



  16. Links 18/8/2014: Linux 3.17 RC1, Escalation in Ferguson

    Links for the day



  17. Gartner Group Advocates Using Defective Software With Back Doors

    Despite strong evidence that Microsoft has been complicit in illegal surveillance, Gartner continues to recommend the use of Windows and other espionage-ready Microsoft software



  18. The Microsoft Patent Trolls: Android Extortion, Vringo Versus Google, and Intellectual Ventures

    Roundup of news about patent aggression by Microsoft and some of its proxies



  19. Links 16/8/2014: Microsoft Linux, US Government Turns to Free Software

    Links for the day



  20. Links 15/8/2014: Reiser4 in Headlines Again, GNOME and KDE Events Finish

    Links for the day



  21. Links 14/8/2014: Kernel Summit Coming, KMix on KDE Frameworks 5

    Links for the day



  22. Shameless Microsoft Spin is Blaming China for Microsoft's Misconduct and Back Doors While Justifying Massive Losses in Hardware (Made in China)

    A new look at how Microsoft-friendly media takes negative Microsoft news and turns that news into some kind of scandals where Microsoft is the victim



  23. Microsoft Spin in the Media Evokes 'New Microsoft' and New Back Doors

    Some new examples of Microsoft boosters rewriting history, characterising Microsoft as a FOSS champion, and generally weak/shallow reporting on Microsoft's audio/video surveillance software



  24. Links 13/8/2014: GNU/Linux as Winner, New Snowden Interview

    Links for the day



  25. Reader's Article: Skype Spying Reaches New Levels of Blatant

    Forced 'upgrades' of Skype give useds [sic.] of Skype more than they asked for



  26. The Problem is Software Patents (and Scope), Not Patent Trolls Who Abuse Them Just Like Large Corporations

    Reminder of the dangers of losing sight of the real patent problem, which is the patents themselves, not necessarily those who use them



  27. Fraud in the USPTO and CAFC Helped Apple Launch Frivolous Patent Lawsuits Against Linux/Android, Based on New Withdrawals

    Inherent corruption in the US system has aided Apple's assault on east Asian electronics giants that use Linux at the core of their products



  28. Investigation Reveals That USPTO is Corrupt, Time to Abolish It or Annul Nearly a Million Patents

    Corruption is found at the heart of the USPTO and the USPTO works hard to hide it, despite attempt by whistleblowers to bring this corruption to light



  29. Links 13/8/2014: Red Hat Enterprise Linux 6.6 Beta, Tizen in Watches

    Links for the day



  30. Links 12/8/2014: Chromebooks Surge, OpenGL in the Headlines

    Links for the day


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