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

09.10.11

2011 Patent ‘Reform’: Change We Can’t Believe in

Posted in America, Apple, Law, Patents at 8:01 am by Dr. Roy Schestowitz

David Kappos

Symbolic change at best

Summary: Why the so-called ‘patent reform’ is still somewhat is a sham; Apple continues to exploit the broken patent systems to block Linux sales

So as we mentioned yesterday, there is something called “patent reform” being passed for Obama to sign (all the links we cite by the way also contain a discussion about software patents). Thankfully, nobody in the press seems to be pretending that it really resolves much. Information Week has some details about it and the Washington Post does not say much. From the CNN there is the usual propaganda about “Sweeping patent changes poised to become law”. Sweeping? Really?

This whole thing is more like the hijack of the term “reform” to mean not what everyone means by it.

A paywall-guarded site currently speaks of:

Potential upcoming changes to business method and software patents America Invents Act — H.R. 1249 §18

Congress is currently on the verge of passing patent reform legislation.

As far as we know, no changes has been made to those types of patents. It was a wasted opportunity although no real opportunity was ever given to substantial changes. It’s like asking a stubborn teenager to tidy up a messy room, whereupon the teen just sprays the room and calls it “job done”.

While Apple is fighting for Android embargo using the most ridiculous claims and fake evidence (lots of prior art exists) there is at least a parody which helps show how insane this whole “IPR” system has become:

A German court has banned all TV sets and cars from being sold in Germany. A judge said, “They all look the same.” The Court based this decision on the recent decision made by the Düsseldorf Regional Court. The court said that no other company other than Apple can sell tablets in Germany as it thinks all tablets look like the iPad.

The German court this morning upheld a ban on the Samsung Galaxy Tab stating that it looks too much like the iPad. The media around the globe has been providing evidence that not only Apple’s design patent is invalid as there are examples of prior art, but also that it’s completely different from the Galaxy Tab.

On a more serious note, “German Court Upholds Ban On Samsung Galaxy Tab” is the news, with Slashdot summarising it as follows: “It seems Samsung has finally lost the battle against Apple in Germany. Today the district court in Düsseldorf ruled that Samsung must not sell its Galaxy Tab 10.1 in Germany. Furthermore, it has banned Samsung Germany from selling the Galaxy Tab 10.1 anywhere in Europe.”

As one USENET poster points out: “Will this stupidity never end? When will Apple fight competition on product value in an open market instead of resorting to bullying tactics in the courts?”

It is being reported that Android is about to beat iOS in terms of application downloads. This is the real reason Apple is suing. “Android to overtake Apple in app downloads” says the headline of the new article which has these numbers :

Android could notch 8.1 billion app downloads this year, compared with 6 billion for Apple’s iOS devices. That marks an explosion of growth for both platforms; Apple had 2.7 billion downloads and Android recorded 1.4 billion last year. The total number of application downloads is expected to grow by 144 percent this year, Ovum said in a report issued today.

No wonder Mr. Jobs is angry. Apple is exploiting a broken system — a system that should be fixed before it causes yet more damage. Cablegate has some useful material on the process of legislation the public is not allowed to know about (sensitive and/or classified “confidential”). Joy ahead thanks to Wikileaks.

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

3 Comments

  1. saulgoode said,

    September 10, 2011 at 8:32 am

    Gravatar

    The Information Week link has a spurious HTML break tag embedded and thus does not work. Here is a clickable link: “5 Key Facts About Patent Reform Act”.

    Dr. Roy Schestowitz Reply:

    Thanks. I blame Information Week being hostile towards lesser known browsers without JS enabled. I had to extract that link from page source!

    Michael Reply:

    You blame everyone but yourself for everything. Geeez. You made a mistake and corrected it. Big deal.

    Anyway, amazing how you whine about Apple’s lawsuits but not lawsuits from other companies such as HCI.

    I think Linux is good enough to stand up on its own without the need to spread the FUD you do.

What Else is New


  1. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests



  2. The EPO's Public Relations Disaster Amid Distrust From Within (and EPO Communications Chief Leaves): Part VII

    Amid unrest and suspicion of misconduct in the EPO's management (ongoing for months if not years), Transparency International steps in, but the EPO's management completely ignores Transparency International, refusing to collaborate; the PR chief of the EPO is apparently being pushed out in the mean time



  3. Links 18/10/2014: Debian Plans for Init Systems, Tails 1.2

    Links for the day



  4. Links 18/10/2014: New ELive, Android Expansion

    Links for the day



  5. Another Fresh Blow to Software Patents (and With Them Patent Trolls)

    Another new development shows that more burden of proof is to be put on the litigant, thus discouraging the most infamous serial patent aggressors and reducing the incentive to settle with a payment out of court



  6. Links 16/10/2014: New Android, SSL 3.0 Flaw

    Links for the day



  7. How the Corporate Press Deceives and Sells Microsoft Agenda

    Various new examples of media propaganda that distorts or makes up the facts (bias/lies by omission/selection) and where this is all coming from



  8. Vista 10 is Still Vapourware, But We Already Know It Will Increase Surveillance on Its Users and Contain Malicious Back Doors

    The villainous company which makes insecure-by-design operating systems will continue to do so, but in the mean time the corporate press covers only bugs in FOSS, not back doors in proprietary software



  9. Links 15/10/2014: KDE Plasma 5.1 is Out, GOG Reaches 100-Title Mark

    Links for the day



  10. With .NET Foundation Affiliation Xamarin is Another Step Closer to Being Absorbed by Microsoft

    Xamarin is not even trying to pretend that separation exists between Microsoft and its work; yet another collaboration is announced



  11. The EPO's Protection Triangle of Battistelli, Kongstad, and Topić: Part VI

    Jesper Kongstad, Benoît Battistelli, and Zeljko Topić are uncomfortably close personally and professionally, so suspicions arise that nepotism and protectionism play a negative role that negatively affects the European public



  12. Corporate Media Confirms the Demise of Software Patents in the United States; Will India and Europe Follow?

    It has become increasingly official that software patents are being weakened in the United States' USPTO as well as the courts; will software leaders such as India and Europe stop trying to imitate the old USPTO?



  13. Links 14/10/2014: CAINE 6, New RHEL, Dronecode

    Links for the day



  14. Microsoft's Disdain for Women Steals the Show at a Women's Event

    Steve Ballmer's successor, Satya Nadella, is still too tactless to lie to the audience, having been given --through subversive means -- a platform at a conference that should have shunned Microsoft, a famously misogynistic company



  15. SCOTUS May Soon Put an End to the 'Copyrights on APIs' Question While Proprietary Giants Continue to Harass Android/Linux in Every Way Conceivable

    Google takes its fight over API freedom to the Supreme Court in the Unites States and it also takes that longstanding patent harassment from the Microsoft- and Apple-backed troll (Rockstar) out of East Texas



  16. Patent Lawsuits Almost Halved After SCOTUS Ruling on 'Abstract' Software Patents

    The barrier for acceptance of software patent applications is raised in the United States and patent lawsuits, many of which involve software these days, are down very sharply, based on new figures from Lex Machina



  17. Links 13/10/2014: ChromeOS and EXT, Debian Resists Systemd Domination

    Links for the day



  18. Links 12/10/2014: Blackphone Tablet, Sony's Firefox OS Port

    Links for the day



  19. Links 9/10/2014: Free Software in Germany, Lenovo Tablets With Android

    Links for the day



  20. Links 8/10/2014: A Lot of Linux+AMD News, New ROSA Desktop Is Out

    Links for the day



  21. Lawyers' Propaganda About Software Patents and a New AstroTurf Entity Called Innovation Alliance

    Patent propaganda and deception from patent lawyers (among other parasites such as patent trolls) continues to flood the Web, intersecting with reports that prove them totally wrong



  22. How Microsoft Handles Disasters: Grace Hopper Conference Has Been Infiltrated by "Microsoft Disaster Response"

    Free/Open Source software (FOSS) must be a disaster to Microsoft's bottom line because Microsoft is sending "Microsoft Disaster Response" to infiltrate and disrupt a conference about women in FOSS



  23. Links 8/10/2014: Gummersbach Moves to GNU/Linux, Docker Acquires Koality, KDE Frameworks 5.3

    Links for the day



  24. Links 7/10/2014: CAINE 6.0, PC-BSD 10.0.3

    Links for the day



  25. Benoît Battistelli's Balkan Standards in EPO: Part V

    How the European Patent Office facilitated the inclusion of previously-connected elements that are best known for misconduct and dirty politics



  26. Symptoms of Post-x86 Era: Even Intel Apologists Turn Against Bribes-Dependent Intel While Microsoft Continues to Deceive Journalists on Patents in Order to Create a Scare

    The Wintel press, which is bribed by companies that it covers, is challenged by prominent developers and Microsoft continues to plant its patent propaganda in the Wintel-centric (and paid) press



  27. Microsoft Reinforces Its Criminal Organisation Status by Bribing and Corrupting More Officials, Even in Europe

    More criminal activity from Microsoft in Romania and a new TV programme that sheds light on Microsoft's dirty assault on Free software in France



  28. Links 6/10/2014: Linux 3.17, OpenELEC 4.2.1, FreeBSD 10.1 RC1, Debian 8.0 Beta 2 Released

    Links for the day



  29. Links 4/10/2014: WebOS is Back

    Links for the day



  30. Corporate Media Repeats Microsoft Propaganda About Patents by Claiming Microsoft Makes Billions From Android

    Microsoft is spreading the myth that Android is not free (and is in fact very expensive) while its staff and boosters continue to deceive the public in other ways


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