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 26/8/2016: Maru OS Resurfaces, Android More Reliable Than 'i' Things, PC-BSD Becomes TrueOS

    Links for the day



  2. Good Job, David Kappos, Says the 'Boss' (IBM)

    Responses to the latest call against Alice (eliminator of many software patents), courtesy of the man from IBM (still paid by IBM) who was responsible for the policy that blindly approved a lot of software patents in the US



  3. Being for Patent Quality or Against Patenting Excess Does Not Make You Anti-Patents

    Like IAM, which tries to portray sceptics and critics of software patents as "anti-patents", IP Watchdog (or Watchtroll as we call it) is 'trolling' the Electronic Frontier Foundation, simply because it expressed an opinion that patent maximalists cannot tolerate



  4. Erosion of Patent Quality Enables Patent Extortion With Large Portfolios of Low Validity Rate

    Revisiting the EPO's vision of poor patent examination and the effect of discriminatory granting practices, favouring patent bullies such as Microsoft (which actively attacks Linux using low-quality and usually pure software patents)



  5. The EPO's Francesco Zaccà Presenting in Turin Alongside Patent Trolls (Like the Patent Mafia Sisvel) and Lobbyists/Front Groups for Software Patents, UPC

    Benjamin Henrion (FFII) on seeing the EPO alongside patent trolls and other nefarious actors, doing what they do best, which is undermining public interests and harming patent quality



  6. The EPO, USPTO, and Patent Microcosm Peddle Myths About Patents in Public Universities and Research

    Tackling some of the commonly-spread myths about patents as "saving lives" and "promoting research" (in practice leading to the death of poor people and promoting trolls)



  7. Large Corporations' Lobbyist David Kappos Disgraces Former Employer USPTO by Meddling in Their Affairs on Software Patents, Downplaying the Supreme Court

    The latest lobbying from David Kappos, who blatantly exploits his connections in patent circles to promote software patents and work towards their resurgence after Alice v CLS Bank



  8. Journal of Intellectual Property Law and Practice Calls the European Patent Office “Rotten”, Other Sources Scrutinise Recent Moves

    The patent office which was once known for being the best bar none is rotting under the Frenchman Benoît Battistelli, who made himself and his friends the main clients of the Office



  9. PTAB Emerges as Hero of USPTO Because Quality of Patents Improves, Software Patents Are Effectively Dead (or Dying Once Reassessed)

    With help from the Patent Trial and Appeal Board (PTAB) -- not just patent courts -- software patents drop like flies by the thousands



  10. Creative Technology, Now Operating in 'Patent Troll' Mode, Shot Down by the ITC; Jawbone Too Shot Down

    Some good news from the U.S. International Trade Commission (ITC), which may have put an end to Creative's new war on Android (using old patents)



  11. Corporate Media in India Misrepresents Startups to Push for Software Patents

    A parade of misinformation as seen in Indian (but English-speaking) press this week as questions about patentability of software resurface



  12. Links 25/8/2016: Linux Turns 25, NetworkManager Turns 1.4

    Links for the day



  13. Links 24/8/2016: More From LinuxCon, Uganda Wants FOSS

    Links for the day



  14. Links 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  15. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  16. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  17. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  18. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  19. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  20. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  21. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  22. Links 20/8/2016: Android Domination, FSFE summit 2016

    Links for the day



  23. Patents Roundup: Trolls Dominate Litigation, PTAB Crushes Patents, Patent Box Regime Persists, and OIN Explains Itself

    Another roundup of patent news from around the Web with special focus on software patenting



  24. The Cost/Toll of the 'New' EPO and Where All That Money Goes or Comes From

    The European Patent Office has become a servant of the rich and powerful (including large foreign corporations) and even its own employees now pay the price associated with misguided new policies (or 'reforms' as Battistelli habitually refers to these)



  25. Links 19/8/2016: Linux Mint With KDE, Linux Foundation's PNDA

    Links for the day



  26. The End of an Era at the USPTO as Battistelli-Like (EPO) Granting Policies Are Over

    The United States is seeing the potency of patents -- especially software patents (which make up much of the country's troll cases) -- challenged by courts and by the Patent Trial and Appeal Board (PTAB)



  27. Battistelli's European Patent Office Goes to the United States to Speak About the UPC and Software Patents

    The European Patent Office is showing its utter contempt -- not just disregard -- for the very fundamental rules that put it in its place and brought it into existence



  28. Turkey Subjected to the European Patent Convention (EPC) But Benoît Battistelli is Not?

    The ‘constitutional crisis’ at the European Patent Office in the context of Turkey, which has signed "the EPC and as such recognises the competence and the decisions of the institutions which have been introduced in the convention."



  29. Links 18/8/2016: EFF Slams Vista 10, Linux Foundation Makes PNDA

    Links for the day



  30. Links 17/8/2016: GNOME and Debian Anniversaries

    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