Bonum Certa Men Certa

Patents Roundup: Bad System, Clear Symptoms

Apple is one of those symptoms

Apple with heart



Summary: A mixture of news about patents and software patents in particular

THE EVER-waning patent system gets more and more unpopular as people recognise trolling and entities close to the government have a chance to correct things. Quoting one news item, we have:



Supreme Court case could end costly patent trolling



The U.S. Supreme Court has agreed to hear a case in December that could have major implications for the future of American business and a significant impact on companies in the Rochester area.


And sadly, however, the SCOTUS rarely helps people, it helps corporations [1, 2]. Maybe it will surprise us all for the better this time around. According to the Boston Globe independent studies provide clear guidance, unlike for example all that propaganda from patent lawyers and their clients. Even Amazon's chief has grown tired of software patents, as we noted the other day. There is big business around taxing technology with unnecessary barb-wire and even promotional evens for those who drink the Kool-Aide. Scientists need to expel this element which is eating away at productive jobs, replacing them with excess bureaucracy.

Over at TechDirt there is realisation that Open Source is again being harmed by patents:

Potential Patent Infringement Threatens To Doom Highly Anticipated Open Source Project



John Carmack, the guy behind the Doom series of games, has alway been a supporter of open source software. He has in the past released the source code for the original Doom and Quake to the open source community. This open access has led to Doom and Quake being used in a variety of ways and has allowed numerous people to learn how to make games. It has really come as no surprise that Carmack has decided to open source the code for Doom 3. What is surprising though is that move has been held up due to an old patent infringement suit.


OSS Watch covered this as well:

Just a quick one on the subject of open source and patents. John Carmack is well known in gaming circles as the lead programmer behind such classic PC and console games as Castle Wolfenstein, Doom (and sequels) and Quake (and most of its sequels). Carmack and his company id software are the originators of the ‘First Person Shooter’ genre of game which has in turn spawned such gigantic franchises as Call of Duty and Halo. As well as being technical pioneers, id has an interesting policy of releasing their old engine technology (the software which renders the game’s video and audio) as open source under the GNU GPL v2. This allows students of gaming software development to look at how real commercial games software is written, and also allows the games to be ported to new hardware platforms by volunteers. As the art and sound assets are not included with the code, this also generates a small market for licences to old id games – games which may well not run on more modern operating systems – in order to get the game data for use with the aforementioned ports.


Coverage about this was consistently negative in the sense that authors are disappointed about patents having this effect. Those who use patents are typically companies that are unable to make decent products. According to news report, Android is kicking Apple's behind and Apple has "Complain[ed] About “Total War” Apple Started", which we found rather amusing. According to this:

Apple's lawyers have accused Samsung of waging all-out patent war in the latest battleground for the world-spanning dispute between the two firms.

The tech giants are now in Paris to argue over Samsung's attempt to get a preliminary injunction against the iPhone 4S in France, based on alleged infringement of its 3G patents.


Remember who started this. We'll write more about Apple in a separate post.

Charles tackles some common misconceptions about innovation and patents in a blog post that says:

Innovation is not a mystery and I don’t think that you can track how it works. You can assume that a certain set of circumstances and an environment letting people code start-ups emerge and Free & Open Source Software projects grow will ultimately translate into something that someone, whether a journalist, consultant, politicians or venture capitalists will call innovation. Anything else besides that, innovation sounds more like vapor and magical boxes. This should probably express what I feel about software patents, by the way.

One last thing: Innovation is different than progress. Progress is usually applied to fields that do not necessarily belong to science or technology; it can be more a perception and may concern society as a whole. Yet the interesting thing is that while progress seems to be an even more elusive term than innovation, you can actually tell progress from regression or stagnation: people perceive it almost immediately, however relative it sometimes may be.


Apple is not innovative by the way. It's all overblown. Patents are not indicative of innovation, either. The same goes for sales. There is that infamous patent which appears in the news again and helps demonstrate what patents really are about. To quote: "The suits were filed in the District Court of Massachusetts, asserting infringement of the '502 patent.

"The '502 patent is directed to novel and groundbreaking methods and systems for facilitating interaction between object-oriented software programmes and relational databases. As such, the patented technology has become fundamental to the development of numerous enterprise software applications, including business intelligence and data mining products, Amphion said."

If this is what precludes innovation, then the word innovation lost its meaning. The SCOTUS needs to do something about it, but it probably won't.

Comments

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
 
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day