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

12.02.12

Fighting Software Patents in the US While SCOTUS Already Moves to Validate Gene Patents

Posted in America, Patents at 6:40 am by Dr. Roy Schestowitz

Supreme Court US, 2009

Summary: The absurdity of software patents, the patent wars, and the coming era of patenting or privatising life’s code

ACTIVIST against software patents — a real one, not a “moderate” one — is having a go again. PolR from Groklaw has released the second part or his “Software Is Mathematics” argument, citing Stallman from the recent conference which was stacked by so-called ‘moderates’ (controlled opposition which does not seek to abolish software patents). To quote the opening part:

I argued in part 1 of this series that computations are manipulations of symbols with meanings. In this article, I hope to further explain this notion using the social science of semiotics. Its object is the study of signs, the entities which are used to represent meaning.

This article elaborates on what Richard Stallman said in the recent Santa Clara Law conference Solutions to the Software Patent Problem.

According to this report Richard Stallman described patents on software as patents on thought, which amount to patents on the use of the human brain to reason and to solve problems by the application of reasoning. This article uses semiotics to show that Stallman’s point is more than rhetoric. It is a provably correct statement of fact.

One portal covers the “biggest fighters of the patent wars”, but it misses Microsoft’s war behind closed doors and focuses on Apple (visible patent wars) instead. To quote:

The fight between proprietary software and free software is not new. Wherever there is technology and more importantly wherever there is competition; issue like patent infringements are bound to come up. Generally, infringement wars happen when more than one organizations bring out similar kind of products.

The idea of software patent is significant as far as it promotes the originality as well as innovation. But, to some extent, software patents are road blockers for novelty. Somewhere they can harm the creativity and an aspiration to create something naive.

It is found; numerous biggies in the industry are waging wars against each other over patents. Let’s explore some significant legal battles fought (or being fought), which are grabbing lime light in the smartphone industry these days…

The problem there is, Apple is all over the place and patent blackmail gets little or no coverage. One is the equivalent of going to war and another is occupation after threat of going to war against weaker countries/groups. We will deal with Microsoft’s tactics in a separate post because it merits a longer discussion.

It is worth noting that monopolies on genetics and parts of the human body are soon to be legitimised by SCOTUS [1, 2, 3] after the USPTO already granted them. The corporate press says:

The Supreme Court announced Friday it will decide whether companies can patent human genes, a decision that could reshape medical research in the United States and the fight against diseases like breast and ovarian cancer.

There is a lot of nonsense in this article because it focuses on benefits to corporations. To people, there are no benefits, only harm. It also harms competition, which is inherently anti-capitalist in the sense that it doesn’t let classical ‘free market’ capitalism do its thing. Here is the SCOTUS Blog page and a good rebuttal to it all:

But, of course, it was just the first step in a long process. Myriad took the case to the appeals court for the federal circuit (CAFC), the notoriously patent friendly appeals court. The only surprise here was that the US Justice Department actually said it agreed that genes shouldn’t be patentable (showing a potential disagreement within the administration, as the US Patent Office was not happy). End result? CAFC decided genes are patentable because they’re “separate” from your DNA.

We wrote about it before. CAFC is also partly responsible for software patents in the US. The system has gone rogue because the most important stakeholders, the public, get ignored.

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. Links 26/4/2015: Debian 8, OpenMandriva Lx 3 Alpha, Mageia 5 RC

    Links for the day



  2. Links 25/4/2015: Debian LTS Plans, Turing Phone Runs Linux

    Links for the day



  3. Who Kills Yahoo? It's Microsoft, Not Yahoo!

    The media should blame Microsoft, not Marissa Mayer, for what's going on (and has been going on for 7 years) at Yahoo!



  4. EPO Management is Trying Hard to Appease Its Critics While Pushing Forth Unitary Patent Agenda

    The European Patent Office and European Commission promote the agenda of large multinational corporations (at the expense or European citizens) and critics are being kept at bay



  5. Real Patent Reform Will Not Come From Biggest Backers of GNU/Linux, Not Even Google

    A look at the 'new' Google, the company which is hoarding patents (2,566 last year alone) instead of fighting for reform



  6. Microsoft's Troll Intellectual Ventures Loses Software Patents

    Intellectual Ventures is bluffing with software patents, but this time around it doesn't get its way



  7. Links 24/4/2015: Ubuntu and Variants in the News, Red Hat Developer Toolset 3.1

    Links for the day



  8. Links 23/4/2015: Ubuntu 15.04 is Out, Debian 8.0 Out Very Soon

    Links for the day



  9. Links 22/4/2015: Fedora 22 Beta, Atlassian Acquires BlueJimp

    Links for the day



  10. The Dying Debate Over Patent Scope (Including Software Patents) Replaced by 'Trolls' (But Not the Biggest Ones)

    The corporate media and Web sites or people who are funded by large corporations have essentially suppressed any debate about issues in the patent granting process, thereby guarding software patents and preventing criticism of large corporations' power grab



  11. The Patents Gold Rush Continues

    The morbid obsession with monopolising mere ideas still dominates the media, even increasingly in China



  12. 9 Millionth US Patent Tells a Story of Failure and USPTO Misconduct

    The USPTO, much like FISA (notorious court for surveillance/espionage authorisation), has become a rubber-stamping operation rather than a patents examination centre, as new evidence and old evidence serve to show



  13. HBO Helps Shift Debate Over Patents to 'Trolls' (Scale), Not Scope

    More of that awkward shifting of the patent debate towards small actors who are misusing patents, not large conglomerates like Apple and Microsoft which use patents to destroy competitors, crush startups, drive up prices, and so on



  14. Software Patents Are Still Menacing to Free Software: OIN Expands Scope, HEVC Adds to MPEG-LA Burden/Tax, Google and Facebook Give in on Patents

    A look at recent news about software patents and especially Free/libre software, which is inherently incompatible with them



  15. The Latest Developments Around Microsoft's Clever Attack on Android/Linux

    Microsoft's campaign of destruction, extortion, etc. against the most widely used Linux-powered operating system is revisited in light of new reports



  16. The Microsoft 'Community' is Maligning the Free Software Community

    Dishonest generalisations and baseless deductions portray the Free/Open Source software communities as a nasty place that leads to poverty and despair



  17. Googlebombing 'Microsoft Open Source' Even When Microsoft Shuts Down Its 'Open Source' Proxy

    A massive failure by the press to cover the most basic news, which is Microsoft putting an end to a supposedly 'Open Source' effort



  18. Links 22/4/2015: Calculate Linux 14.16, SparkyLinux 4.0 RC KDE

    Links for the day



  19. Links 21/4/2015: Project Photon, Ubuntu Touch Buzz

    Links for the day



  20. Embrace, Extend, Extinguish: How Microsoft Plans to Get Rid of Linux/Android

    Microsoft's sheer abuse against Android is laying bare for everyone to see now that Microsoft has paralysed Google's legal department with potential antitrust action in Europe



  21. Yahoo's Current CEO (Mayer, Formerly of Google) is Trying to End Yahoo! Status as Microsoft Proxy

    There are signs of relinquishing Microsoft's control over Yahoo! after Marissa Mayer worked to end the company's suicidal/abusive relationship with Steve Ballmer's Microsoft



  22. Repeating Microsoft's Lies Without Any Journalistic Assessment

    Poor fact-checking by relatively large media/news sites results in Microsoft's patently false claims being repeated uncritically



  23. Links 19/4/2015: New KaOS (2015.04), Manjaro Linux 0.8.13 Pre1

    Links for the day



  24. Links 18/4/2015: ExTiX 15.2, RaspArch

    Links for the day



  25. Microsoft Tired of Pretending to be Nice to Free/Open Source Software (FOSS), Microsoft 'Open' Technologies Dumped

    Microsoft dumps its proxy (misleadingly named 'Open Tech') and other attacks on Free software persist from the inside, often through so-called 'experts' whose agenda is to sell proprietary software



  26. More Translations of French Article About the EPO

    German and Dutch translations of the Le Monde article are now available



  27. Links 17/4/2015: Wipro and the Netherlands Want FOSS

    Links for the day



  28. Microsoft's Multi-Dimensional Assault on Android/Linux: Extortion, Lobbying of Regulators, and Bribes

    Microsoft's vicious war on Linux (and Android in its current incarnation) takes more sophisticated -- albeit illegal (as per the RICO Act) -- forms



  29. Microsoft's Plot to Associate Windows with 'Open Source' is Proving Effective, Despite Being Just a Big Lie

    A look at the latest headlines which can lead to a false perception that Microsoft is now in bed with 'Open Source'



  30. Microsoft Windows Remotely Crashed, Remotely Hijacked, But Still No Logo and No Branding for the Bugs

    Windows maintains its reputation as a back doors haven, but the media is still not highlighting the severity of this issue, instead focusing on accidental bugs in Free software, even very old (and already fixed) bugs


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