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

11.29.12

David Kappos Leaves as He Loses the Debate and Software Patents Lose Legitimacy Among Public Figures

Posted in Patents at 4:55 pm by Dr. Roy Schestowitz

Keep clean

Summary: A roundup of software patents news, especially published opposition

SO days ago we learned that Kappos had decided to quit, just shortly after he was slammed by some media sites and especially blogs (people, not corporate press). Here is a blog in Murdoch’s site speaking about the news, which is a PR disaster for the USPTO:

U.S. Patent and Trademark Office Director David Kappos, who oversaw the agency during the biggest change to the patent system in decades, will leave his post in January, according to a PTO spokesman.

During his three-and-a-half year tenure, Mr. Kappos was widely credited for making the agency more efficient.

Or conversely, he was criticised for creating more monopolies by lowering bars of entry. Here he is spreading IBM mythology about software patents this month. Even an IBM proponent, Pamela Jones, was upset by this. She wrote: “I don’t believe a word of this is so. It’s mythology. Software is not benefited by patents at all and it impedes innovation. It is toxic to Free and Open Source software, which is developed in a shared environment which is the opposite of what patents are about. Nor does the public benefit from patents on software, because they get less functionality than they otherwise could have. Patents benefit the incumbents. It’s not the innovators who start throwing patents around, but rather it was Microsoft, Apple, Oracle and Nokia who started the war. Why? They don’t want to have to compete with Android, and if they have to they want to make Android pay them to survive at all, meaning prices for the public will go up. And the level of “innovation” represented by the patents in this smartphone war is so low it’s a joke. No one should be entitled to get money for such things as rounded corners or a bounceback function. It’s stupid from beginning to end and while large companies like IBM or Microsoft may benefit by muscle-ing the new players, the public in no way benefits from companies having to rework their phones to try to avoid those stupid, too-broad patents on problems, as opposed to ways to address a problem, or on functionality that everyone knows how to do without any patents showing them how. I could go on, but this speech is proof to me that the USPTO will not improve and getting rid of software patents or the harm they cause is goal number one.”

Eric Goldman, who now writes for Forbes blogs, also slammed software patents yesterday:

The U.S. patent system largely treats all innovations equally, but innovation often works quite differently in different industries. In particular, the software industry differs from other major innovative industries–such as computer hardware and biotech/pharmaceuticals–in several key ways, and those differences can create (and have created) significant friction for the patent system.

Software patents have also created big–and expensive–problems for companies throughout all sectors of our economy. Pretty much as soon as they get venture financing, start-up companies are getting approached by “patent trolls” with offers they can’t refuse: pay me now or pay your lawyer many times that amount to prove you don’t have to pay me. And large companies, especially in the smartphone industry, are paying literally billions of dollars to acquire patent portfolios to keep those portfolios from falling into the wrong hands and with the hope that large patent portfolios will fend off competitor threats (i.e., provide the company freedom to operate its business without interference from competitors’ patents).

The Atlantic shared this cartoon we promoted yesterday and it’s introduced as follows:

The Best Cartoon You’ll Ever Watch About Ending Software Patents

If there’s one thing Schoolhouse Rock taught us all, it’s that the easiest way to explain a dry topic to someone with a short attention span is to show them a cartoon. So kudos to George Mason University economist Alex Tabarrok and Idea Rocket Animation for putting together this delightful two-minute clip laying out the case against software patents, a by and large nerds-only conversation topic that deserves way more attention than it receives. The video’s got Jeff Bezos, a club-wielding giant, Isaac Newton, a crashing airplane, and a surprisingly funny joke about licensing fees. Best yet, it’s explained in language anyone — even a Congressman — could understand.

Just in case those two minutes are too long, though, here’s Tabarrok’s point in brief: Patents make sense for products, like pharmaceuticals, that are expensive to develop, but cheap to copy. That’s because nobody would spend the money to create them if a competitor could just swoop in and steal their work. But software doesn’t need that protection. It’s less expensive to create and less disastrous if someone else imitates your work. Moreover, huge patent portfolios let companies keep competitors out of their market, which slows down innovation.

We recently learned from people who attended the event on software patents (seemingly stacked by people who are not programmers, as usual) how it went and Masnick published his contribution to this debate:

First off, I know that some patent system defenders took great offense to the idea that the event wasn’t “balanced” with system supporters. Nearly every speaker presented an aspect of how the system was broken with suggestions to fix it. But I see this complaint as being misleading. There’s this random belief out there that conference panels need to be “balanced” with “pro & con” and then let the panelists argue things out. I’ve argued against this in the past when setting up panels for other events, and with the events that we run, we’ve tried to avoid that concept as well. While just setting up pro vs. con can make for an entertaining session, it rarely leads to productive discussions that move the conversation forward. They just lead to people arguing past each other. A productive event is one in which people agree on a basic premise or problem and are then working towards possible responses. That’s what this was. It was a conference for those who believe the system is broken. Given that assumption, the point of the event was to suggest possible solutions. There are plenty of events where patent system defenders and skeptics can argue against each other, but I can’t think of another where people were able to dig in deep on possible fixes.

[...]

And, just to address this one point before one of our regular patent lawyer commenters tries to make it in the comments: there is an argument among patent system supporters that there is no such thing as a “software patent” and thus any argument that uses that term is meaningless. This is both slightly true and (more importantly) a distortion of the larger issue. As was discussed at the conference, there is a difference between software and hardware that can’t be denied. One involves moving around bits. One doesn’t. So it’s not difficult to define software differently from hardware. The real problem is that if we did carve out software from patentability, it’s likely that crafty patent lawyers would quickly figure out how to rewrite patent claims to make them broadly cover the same concepts in a way that could be seen as not being “software.” Given all that, I think it’s quite legitimate to discuss “patents that cover software” as “software patents,” even while I agree that merely targeting “software patents” misses the larger problem.

All in all, a lot of opposition to software patents could be found lately.

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

What Else is New


  1. The Latest EPO Victim Card (Played by Željko Topić) Should be Treated as Seriously as Those Bogus Claims of Violence by a Judge (Updated)

    In its desperate pursuit of a narrative wherein the staff of the EPO is violent and aggressive the management of the EPO, renowned for institutional aggression, finds (or claims to have found) a little tampering with a bicycle



  2. Links 25/5/2016: Nginx 1.11, F1 2015 Coming to GNU/Linux Tomorrow

    Links for the day



  3. The Media Starts Informing the European Public About the Downsides of UPC While EPO Accelerates Its Lobbying for Ratification

    The EPO's shameless UPC promotion takes another step forward as the European press outlets (even television channels) begin to explore the secret deal that's negotiated by patent lawyers (with corporate clients) and patent offices, not the public or any public interest groups



  4. Some Details About How the EPO's President is Rumoured to be 'Buying' Votes and Why It's Grounds/Basis for “Immediate Dismissal”

    Some background information and a detailed explanation of the systemic financial dependency, created by Battistelli at the cost of €13 million or more, which prevents effective oversight of Battistelli



  5. How the Patent Lawyers' Microcosm Continues to Boost Software Patents Filth by Misdirecting Readers, Relying on Highly Selective Coverage

    Under the guise of reporting/analysis/advice the community of patent lawyers is effectively lobbying to make software patents popular and widely-accepted again, based on one single case which they wish to make 'the' precedent



  6. Documents Show Zagreb Police Department in Investigation of Vice-President of the European Patent Office

    Željko Topić's troubles in Croatia, where he faces many criminal charges, may soon become an extraordinary burden for the EPO, which distances itself from it all mostly by attacking staff that 'dares' to bring up the subject



  7. [ES] Interrumpiendo la Propagánda Distractante de Battistelli: los Empleados de la EPO Protestará de Nuevo en una Quincena

    La exágerada extravagancia (desperdicio de dinero) en la Ceremonia de Premiación al Inventor Europeo de la EPO tendrá que competir por atención de los medios con miles de empleados de la EPO (en todaslas sedes de la EPO) marchándo en las calles para protestar por los abusos de la EPO



  8. Windows and Microsoft's Other 'Burning Platforms'

    It's not just Windows for phones that's reaching minuscule market share levels but also Windows, but Microsoft is skilled at hiding this (cannibalising Windows using something people do not even want, then counting that cannibal, Vista 10)



  9. Links 24/5/2016: CRYENGINE Source Code is Out on GitHub, Jono Bacon Leaves GitHub

    Links for the day



  10. Links 23/5/2016: GNOME 3.22, Calculate Linux 15.17

    Links for the day



  11. 'Celebrity' Patent Trolls and the Elusive Battle Against Patent Trolls (or Eastern District of Texas Courts) Rather Than Software Patents

    Some of last week's more important reports, which serve to demonstrate how the system is attempting to tackle a side-effect of software patents rather than the patents themselves (their irrational scope)



  12. The Circus of Patent 'Reporting' (by Omission) on the Subject of Software Patents in the US and USPTO Bias

    look at some of the latest oddities in the US patent system and much of the reporting about software patenting (more or less monopolised by those who profit from it, not harmed by it)



  13. IP3 Demonstrates That Today's Patent Systems Devolve Into a Conglomerates' Game, Won't Protect the Mythical Small Inventor

    Multinational corporations bring together their shared interests and steer the increasingly-inseparable patent systems according to their needs and goals, but has anyone even noticed?



  14. Disrupting Battistelli's Distracting Propaganda: EPO Staff to Protest Again in About a Fortnight

    The overly extravagant (waste of money) EPO European Inventor Award will have to compete for media attention with thousands of EPO staff (in all EPO sites) marching in the streets to protest against the EPO's abuses



  15. Corrupting Democracy? Growing Frequency of Rumours That the EPO's President Battistelli is 'Buying' Votes of Small Member States

    Several sources suggest that rather than appease the Administrative Council by taking corrective action Battistelli and his notorious 'circle' now work hard to remove opposition from the Administrative Council, especially where this is easier a task to accomplish (politically or economically)



  16. [ES] Los Mitos de la EPO ‘Calidad’ de Patentes y de ‘Creación’ de Patentes: Basados en Ventas de Cafe y Trauma

    La carrera hacia el fondo, o la ridícula asumpción de Battistelli de que otorgar más y más patentenes más rápidamente (e.g. usando PACE) sería beneficióso a largo término, puede guíar al final colapse del valor de la EPO y la pérdida de su lárgamente ganada reputación a nivel mundial



  17. Links 22/5/2016: Systemd 230, Debian Installer Alpha 6

    Links for the day



  18. EPO Patent 'Quality' and 'Patent Creation' Myth: Capsule-Based Coffee Sales and Trauma

    The race to the bottom, or Battistelli's ludicrous assumption that granting more and more patents faster (e.g. using PACE) would be beneficial in the long run, may lead to the ultimate collapse of the EPO's value and demise of its long-earned reputation worldwide



  19. Guest Post: How Vista 10 Imposes Itself on Users of Windows

    A reader's experience being nagged by Microsoft, as documented and explained by this reader



  20. [ES] El Notorio Tirano de la EPO, Benoît Battistelli, Se Reune Con Otros Tiranos, Reportes de Que ‘Limpia’ el Consejo Administrativo

    El régimen de Battistelli, talvez la fuente de verguénza más grande, alegadamente está “cortejándo países pequeños/corruptos para asegurárse de que los delegados que votarón contra él serán remplazados”



  21. [ES] Comentadores Anónimos Debaten Si la EPO de Battistelli Puede Revocar las Pensiones de Empleados Que Se Atreveen — GASP — a Buscar Empleo Alternativo

    Una mirada a las causas de desesperación e imensa presión en la EPO, donde las pensiónes pueden ser cortadas como medio de represália y la gente puede ser negada empleo aún después de dejar la Oficina Europea de Patentes (EPO)



  22. [ES] Otra Casi Vacía Presentación de la EPO en La Hague

    El propagandístico “estudio social” de Battistelli (básicamente un montón de engañosas afirmacionesdisfrazadas como ‘investigación’) ayuda a demostrar que los empleados de la EPO no tiene absolutamente fe en la gerencia



  23. Links 21/5/2016: Manjaro Linux RC, Flock 2016 Schedule

    Links for the day



  24. USPTO Ignores a Lot of Cases Against Software Patents to Justify Resumption of More Software Patenting

    The US patent system (USPTO) is so obsessed with granting as many patents as possible -- even bogus patents in areas that are no longer patent-eligible -- that its guidelines are further perturbed and whose appeals board is massively overwhelmed/overworked/understaffed



  25. Notorious EPO Tyrant, Benoît Battistelli, Meets Other Tyrants, Reportedly 'Cleanses' the Administrative Council

    The Battistelli regime, perhaps the biggest embarrassment of Europe right now, is allegedly "courting smaller countries to make sure the delegates who voted against him will be replaced"



  26. Links 20/5/2016: Purism Tablet, ChromeOS PCs Outsell 'Mac'-Branded PCs

    Links for the day



  27. CAFC Rules Against Software Patents But Witness With Horror the Silence From Patent Lawyers (Bias by Omission)

    In an effort to protect software patents in the United States, where these patents came from in the first place (and continue to spread from), patent lawyers pretend not to see cases where software patents get invalidated and instead focus on the rare exception



  28. It's All Just Artificial Distractions From EPO Management, 'Yellow' Union Comes Under Scrutiny Again

    What's happening inside the EPO these days and what meaningless rubbish the management of the EPO would rather have the media obsessed with



  29. Anonymous Commenters Debate Whether Battistelli's EPO Can Revoke Pensions of Dismissed Employees Who Dare -- GASP -- Find Alternative Employment

    A look at causes for desperation and immense pressure at the EPO, where pensions can be cut as means of reprisal and people can be denied employment even after they leave the European Patent Office (EPO)



  30. Australian Productivity Commission's Research Calls for Ban on Software Patents, Davies Collison Cave Calls for Complaints Against This Finding

    As the push against software patents grows in Australia, much to the chagrin of Australian software developers, Davies Collison Cave (patent law firm) publicly calls for opposition, calling its side "the truth" and pretending it represents "Australian innovators."


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