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

01.01.13

Groups of Lawyers Will Not Solve the Patent Problem

Posted in Patents at 2:05 pm by Dr. Roy Schestowitz

Quentin Massys painting
16th century painting of a civil law notary

Summary: Scientists, engineers, programmers, technologists etc. — not government bodies — will help the rest of the public abolish government-granted monopolies

The European Commission doesn't get FRAND, or maybe it pretends not to, or perhaps it was bribed or deceived by Apple and Microsoft lobbyists. Either way, this recent event proved some malice in today’s Commission, which also ushered in the unitary patent. Glyn Moody writes on the subject:

There was – of course – disagreement on the place of FRAND, since those in the open source world know that it has none if the object is to produce a level playing-field for all to compete on equally. And for that very reason those in the world of proprietary software want FRAND baked into standards since it excludes nearly all of the key open source licences and the projects using them. It’s the perfect solution for those who are afraid to compete fairly: skew the rules so that open source is excluded, and then claim victory when it doesn’t offer solutions.

Also worth noting in the above statement from the report is the claim that “the distinction between software and hardware is increasingly artificial”. I think if we decode this, what it means is that in the old world of hardware – for example, in telecommunications or codecs – FRAND standards were common, and that’s perfectly true. But in the world of software, the key modern forums for standards such as W3C or OASIS require RF, not FRAND. So this is a crude attempt to force old-fashioned hardware approaches on modern software, because once again the convenient result is that open source is excluded.

Indeed, given the manifestly greater success of the modern approach – as demonstrated by the unprecedented rate of growth of the Internet ecosystem compared to earlier technologies – the move to implementing hardware features in software is a strong argument for making older hardware standards RF instead of FRAND; that would allow them to enjoy the same kind of accelerated deployment the software world has experienced in the last two decades.

Thus there is no “dilemma” that needs resolving, and no need for stakeholder dialogue – another code term for “opportunity for wealthy US software companies to spend huge sums lobbying for what they want in the corridors of Brussels,” since “stakeholders” never seems to include groups representing the public interest, who were similarly excluded from the ACTA negotiations until they took to the streets across Europe.

Even Kroes lost her way when it comes to patents as she gave implicit consent to FRAND [1, 2, 3]. These career politicians are typically lawyers by trade, so the poor comprehension of scientists’ desire is not surprising. See what IBM’s Kappos says to provide ammo to a lawyers’ firm after he had joined the USPTO and later announced that he would leave amid public scolding [1, 2, 3]:

USPTO Director Discusses Software “Patent Wars” By: Sheldon Mak & Anderson http://www.eyeonip.net/David Kappos, the Director of the U.S. Patent and Trademark Office, recently addressed the socalled “patent wars” impacting the software industry. Although he acknowledged several concerns about patent quality, he also highlighted the importance of IP rights to the software industry. “Patent protection is every bit as well-deserved for software-implemented innovation as for the innovations that enabled man to fly, and before that for the innovations that enabled man to light the dark with electricity, and before that for the innovations that enabled the industrial revolution,” Kappos stated. However, he also acknowledged that patent protection must be “properly tailored in scope, so that programmers can write code and engineers can design devices without fear of unfounded accusations of infringement.” Kappos also debunked reports that the “patent wars” between companies like Samsung and Apple signal that the system is broken. He cited a USPTO study that found that in over 80 percent of the smartphone lawsuits, the courts have construed the software patents at issue as valid. He further noted that rejections in software patent applications taken to the USPTO appeals board are upheld at a slightly higher rate than for the office as a whole, and those few decisions appealed to the Federal Circuit are affirmed 95 percent of the time. Kappos also noted that the changes implemented under the America Invents Act should improve the quality of software patents. He specifically listed new procedures, such as post-grant opposition, inter partes review, and covered business method patents review. He also noted that additional changes are forthcoming as the USPTO completes the rollout of the AIA. “So to the commentators declaring the system is “broken” I say: give it a rest already, and give the AIA a chance to work. Give it a chance to even get started. But we’re not done. Not nearly,” Kappos stated.

We already shared some rebuttals to this. The conclusion we can reach is that too many government bodies are occupied by lawyers who represent corporations (not people) and it shows. Groups that are led by lawyers do not want to solve the problem from which they profit.

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. “Corrupt Benoît Battistelli and Željko Topić Today in Zagreb at 25th Anniversary of SIPO Croatia”

    Shortly after Željko Topić lost his court case for the third time (over allegations of corruption at SIPO), his EPO boss Benoît Battistelli joins SIPO celebrations



  2. The US Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB) Maintains High Pace of Patent Invalidation, in Spite of Appeals to CAFC

    The Court of Appeals for the Federal Circuit (CAFC), i.e. the court system, has become the last resort of serial litigators, as the PTAB gets in their way more and more often following AIA and Alice



  3. Good Luck to the US Supreme Court in Eliminating a Supremely Unjust Misuse of Patent Law

    In an important upcoming patent case, gross abuse of patent laws for the support of dubious business models can finally be tackled



  4. EPO Protest This Coming Wednesday Strives to Restore the Rule of Law and Freedom of Speech at the Office

    The level of autocracy at the European Patent Organisation, an institution which has effectively positioned itself above the law with Battistelli and his minions in charge of the Office, faces growing backlash from staff



  5. The EPO is Collapsing. Attacks on Journalists, Interns as Staff, Patents on Plants, and Bureaucratic Red Tape...

    A look at some of the latest issues surrounding the European Patent Office, whose insistence on denying the problems and instead attacking those who bring up legitimate concerns, will spell its doom



  6. Ignore the Bristows UPC Echo Chamber, the UPC is Not Happening

    Response to some of the latest UPC promotion, courtesy of some of the usual suspects, who stand to benefit financially if the UPC ever becomes a reality



  7. British Media Slams Battistelli for Attempting to Cover Up 2 Years of Juridical Abuses With Help From the Administrative Council of the EPO

    A growing voice of concern about the integrity of the European Patent Organisation, whose management appears to be in cahoots (overseers/regulators included) so as to cover up its own serious abuses



  8. Boards of Appeal Still Under Attack From Team Battistelli While the EPO Proceeds to Granting Patents on Carlsberg BEER!

    The lunacy of the EPO with its patent maximalism will likely go unchecked (and uncorrected) if Battistelli gets his way and turns the EPO into another SIPO (Croatian in the human rights sense and Chinese in the quality sense)



  9. Memo “Deliberately Leaked to Cover up the UPC” With Its Many Associated Issues Amid Brexit

    Some eye-opening updates about the awkward move from Lucy Neville-Rolfe, who made promises (expression of intent) she can neither fulfill nor justify to the British public



  10. Links 8/12/2016: Korora GNU/Linux 25, SparkyLinux 4.5.1

    Links for the day



  11. Links 7/12/2016: ROSA Desktop Fresh R8 Plasma 5, Ubuntu Touch OTA-14

    Links for the day



  12. The UPC Scam Part VII: A Fine Mess in the Making, as Nothing Can be Made of It Amid/After Brexit

    The final part in this multi-part series about UPC, which cannot be implemented in the UK as long as Brexit is on the agenda



  13. The UPC Scam Part VI: The Real Story Which People Missed Due to Puff Pieces Seeded by Battistelli-Bribed Media is That UPC Technically Cannot Come to the UK

    Another long installment in a multi-part series about UPC at times of post-truth Battistelli-led EPO, which pays the media to repeat the lies and pretend that the UPC is inevitable so as to compel politicians to welcome it regardless of desirability and practicability



  14. EPO Spiraling Down the Drain as Experienced Examiners and Judges Are Seemingly Being Replaced by Interns

    Implementing yet more of his terrible ideas and so-called 'reforms', Battistelli seems to be racing to the bottom of everything (patent quality, staff experience, labour rights, working conditions, access to justice etc.)



  15. A Lot of News From the Supreme Court (SCOTUS) Today, With Some Important Decisions on Patents Coming Soon

    A roundup of today's outcomes from the US Supreme Court, which intends to review and decide on important patent cases



  16. In Historic Blow to Design Patents, Apple Loses to Samsung at the Supreme Court

    A $399 million judgment against Android devices from Samsung, with potential implications for other Android OEMs, is rejected by SCOTUS



  17. Good Riddance. Ray Niro is Dead.

    The infamous father of patent trolling is dead, so we need to remember his real legacy rather than rewrite his history to appease his rich relatives (enriched by destroying real companies)



  18. EPO Suicides Greater in Number Than is Widely Reported, Unjust System a Contributor to These

    The horrible regime of Benoît Battistelli has an enormous human toll (fatalities), far greater than the Office is willing to publicly acknowledge



  19. Lobbying Disguised as 'Reporting' by the Patent Microcosm, Which Wants More Patents and More Lawsuits (Lawyers Needed)

    A rebuttal to some new articles about patents, especially those that strive to increase patent-related activities (usually for personal gain)



  20. USPTO Echo Chamber That Lacks Actual Software Professionals Deciding on Patentability of Software

    A look at yesterday's "Roundtable on Patent Subject Matter Eligibility," which lacked involvement from those actually affected by patents rather than those who sell, trade, and exploit these



  21. More Examples of Microsoft and Its Patent Trolls Taxing Linux, Even After Microsoft 'Joined' (Paid) the Linux Foundation

    A quick look at the past week's news and clues about Microsoft's (and its broad army of patent trolls) strategy for taxing Linux, or imposing bundling at zero cost (to Microsoft)



  22. Heiko Maas, the SPD “Cash for Access” Affair, and Suspicions of Unwarranted Censorship at IP Kat (Again)

    Unsayable views or just a glitch? Readers of IP Kat express concern about a culture of censorship at IP Kat



  23. Endgame for Battistelli at the European Patent Office (EPO)

    Battistelli turns bad into worse by spitting on the very notion of accepting justice (from the highest court in The Hague or even the UN in this case)



  24. Les Échos Chamber: Having Corrupted the Media (With EPO Money), Battistelli Now Uses It for More UPC Propaganda

    The lies about the Unitary Patent are now being broadcast (Battistelli given the platform) by the publication that Battistelli pays



  25. Rumour: EPO in Berlin the Next Casualty of Battistelli's 'Reform' (Organisational Suicide Plan)

    Months after we learned that a former staff representative in Berlin had been dismissed we come across an anonymous claim that Berlin's 'branch' of the EPO will be folded onto Munich's



  26. Caricature: the Maas App

    The failure of Maas to even bother with regulation of Battistelli (among others) earns him this cartoon



  27. Links 5/12/2016: Linux 4.9 RC 8, DeepMind as FOSS

    Links for the day



  28. Leaked: Battistelli Acknowledges Bunk 'Justice' in About 100 Cases at the Internal Appeals Committee of the EPO

    A look at Battistelli's response to the latest from the International Labour Organisation (ILO), exceptionally delivering two decisions at the very end of last month



  29. The UPC Scam Part V: Unitary Patent Regime a Fantasy of Patent Trolls

    "Good for trolls" is a good way to sum up the Unitary Patent, which would give litigators plenty of business (defendants and plaintiffs, plus commissions on high claims of damages) if it ever became a reality



  30. EPO at a Tipping Point: Battistelli Quarrelling With French Politicians, Administrative Council Urged to Act, Staff Unrest Peaking

    The latest messages about Battistelli's regime at the EPO, which faces growing opposition from more directions than ever before


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