01.01.13

Gemini version available ♊︎

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 in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Thursday, January 27, 2022

    IRC logs for Thursday, January 27, 2022



  2. Links 28/1/2022: GNU Poke 2.0 and OPNsense 22.1 Released

    Links for the day



  3. Links 27/1/2022: Archinstall 2.3.1 and Nix 2.6.0

    Links for the day



  4. On the Internet, Trust Should Not Become Centralised

    “Trust” is a word that lost its meaning in the era of “TPM” and fancier names for 'Palladium'; we need to reject this idea that computers need to check with Microsoft if the operating system is trusted (not just Windows!), check with Gulag/Chrome if a Web site is trusted, and whether it's OK to run some application/s on one's own computer (as if Jim Zemlin et al get to decide what is trusted)



  5. Microsoft-Connected Publishers Suffer and Perish With Microsoft (While Peddling 'Fake News' for Their Beloved Sponsor)

    IDG and other fake news outlets/networks/sites (selling to companies flattering articles about themselves or renting out 'news space' to them, not just ad space) want us to think Microsoft is doing very well, but it's just that same old Ponzi scheme



  6. Links 27/1/2022: Mabox Linux 21.11 Herbolth and PipeWire 0.3.44

    Links for the day



  7. IRC Proceedings: Wednesday, January 26, 2022

    IRC logs for Wednesday, January 26, 2022



  8. [Meme] EPO: Pursuing an Eastern and Western District of Europe (for Patent Trolls and Software Patents)

    With the EPO so flagrantly lying and paying for misinformation maybe we should expect Benoît Battistelli and António Campinos to have delusions of grandeur… such as presiding over the Eastern and Western District of Europe, just like Mr. Gilstrap and Mr. Albright (political appointment by Donald Trump, ushering in “the swamp”)



  9. Gemini at 2,000: 86% of Capsules Use Self-Signed Certificate, Just Like the Techrights Web Site (WWW)

    As shown in the charts above (updated an hour ago), the relative share of ‘Linux’ Foundation (LE/LF; same thing, same office) in the capsules’ certificates has decreased over time; more and more (in terms of proportion) capsules choose to sign their own certificate/s; the concept of ‘fake security’ (centralisation and consolidation) should be rejected universally because it leaves nobody safe except plutocrats



  10. [Meme] UPC: Many Lies as Headlines, Almost Exclusively in Publishers Sponsored by EPO and Team UPC to Produce Fake News (Lobbying Through Misinformation)

    Lest we forget that EPO dictators, like Pinky and the Brainless Benoît Battistelli and António Campinos, have long littered the EPO's official Web site as well as publishers not directly connected to the EPO (but funded by it) with disinformation about the UPC



  11. EPO as the 'Ministry of Truth' of Team UPC and Special Interests

    The 'Ministry of Truth' of the patent world is turning the EPO's Web site into a propaganda mill, a misinformation farm, and a laughing stock with stock photography



  12. Microsoft 'Delighted' by Windows 11 (Vista 11) Usage, Which is Only 1% Three Months After Official Launch and Six Months After Release Online

    Microsoft boosters such as Bogdan Popa and Mark Hachman work overtime on distraction from the failure Vista 11 has been (the share of Windows continues to fall relative to other platforms)



  13. Links 27/1/2022: Preinstalled GNU/Linux (Ubuntu) and Arch Linux-Powered Steam Deck 30 Days Away

    Links for the day



  14. Don't Fall for Microsoft's Spin That Says Everything is Not Secure and Cannot be Secured

    Microsoft keeps promoting the utterly false concept that everything is not secure and there's nothing that can be done about it (hence, might as well stay with Windows, whose insecurity is even intentional)



  15. At Long Last: 2,000 Known Gemini Capsules!

    The corporate media, looking to appease its major sponsors (such as Web/advertising giants), won't tell you that Gemini Protocol is rising very rapidly; its userbase and the tools available for users are rapidly improving while more and more groups, institutions and individuals set up their own capsule (equivalent of a Web site)



  16. Links 26/1/2022: Gamebuntu 1.0, PiGear Nano, and Much More

    Links for the day



  17. IRC Proceedings: Tuesday, January 25, 2022

    IRC logs for Tuesday, January 25, 2022



  18. Links 26/1/2022: No ARM for Nvidia, End of EasyArch, and WordPress 5.9 is Out

    Links for the day



  19. Why the Unified Patent Court (UPC) is Still Just a Fantasy and the UPC's Fake News Mill Merely Discredits the Whole Patent 'Profession'

    Patents and science used to be connected; but now that the patent litigation 'sector' is hijacking patent offices (and even courts in places like Texas) it's trying to shove a Unified Patent Court (UPC) down the EU's throat under the disingenuous cover of "community" or "unity"



  20. Links 25/1/2022: Vulkan 1.3 Released, Kiwi TCMS 11.0, and antiX 19.5

    Links for the day



  21. Gemini Milestones and Growth (Almost 2,000 Known Gemini Servers Now, 39,000 Pages in Ours)

    The diaspora to Gemini Protocol or the transition to alternative 'webs' is underway; a linearly growing curve suggests that inertia/momentum is still there and we reap the benefits of early adoption of Gemini



  22. [Meme] Get Ready for Unified Patent Court (UPC) to be Taken to Court

    The Unified Patent Court (UPC) and Unitary Patent system that’s crafted to empower EPO thugs isn’t legal and isn’t constitutional either; even a thousand fake news 'articles' (deliberate misinformation or disinformation) cannot change the simple facts because CJEU isn’t “trial by media”



  23. The EPO Needs High-Calibre Examiners, Not Politicians Who Pretend to Understand Patents and Science

    Examiners are meant to obstruct fake patents or reject meritless patent applications; why is it that working conditions deteriorate for those who are intellectually equipped to do the job?



  24. Free Software is Greener

    Software Freedom is the only way to properly tackle environmental perils through reuse and recycling; the mainstream media never talks about it because it wants people to "consume" more and more products



  25. Links 25/1/2022: Git 2.35 and New openSUSE Hardware

    Links for the day



  26. IRC Proceedings: Monday, January 24, 2022

    IRC logs for Monday, January 24, 2022



  27. Links 25/1/2022: GPL Settlement With Patrick McHardy, Godot 4.0 Alpha 1, and DXVK 1.9.4 Released

    Links for the day



  28. Proprietary Software is Pollution

    "My daughter asked me about why are we throwing away some bits of technology," Dr. Andy Farnell says. "This is my attempt to put into words for "ordinary" people what I tried to explain to a 6 year old."



  29. Microsoft GitHub Exposé — Part XV — Cover-Up and Defamation

    Defamation of one’s victims might be another offence to add to the long list of offences committed by Microsoft’s Chief Architect of GitHub Copilot, Balabhadra (Alex) Graveley; attempting to discredit the police report is a new low and can get Mr. Graveley even deeper in trouble (Microsoft protecting him only makes matters worse)



  30. [Meme] Alexander Ramsay and Team UPC Inciting Politicians to Break the Law and Violate Constitutions, Based on Misinformation, Fake News, and Deliberate Lies Wrapped up as 'Studies'

    The EPO‘s law-breaking leadership (Benoît Battistelli, António Campinos and their corrupt cronies), helped by liars who don't enjoy diplomatic immunity, are cooperating to undermine courts across the EU, in effect replacing them with EPO puppets who are patent maximalists (Europe’s equivalents of James Rodney Gilstrap and Alan D Albright, a Donald Trump appointee, in the Eastern and Western Districts of Texas, respectively)


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

Recent Posts