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. Links 30/10/2014: GNOME 3.15.1, Red Hat Software Collections 1.2

    Links for the day



  2. Links 29/10/2014: Ubuntu Touch Tablet, Puppy Linux 6.0

    Links for the day



  3. Links 28/10/2014: SUSE Linux Enterprise 12, Canonical OpenStack Distro

    Links for the day



  4. Links 28/10/2014: PiFxOS, The Document Foundation in OSBA

    Links for the day



  5. Microsoft is Bricking Devices With Linux (Yet Again!), So a Microsoft Booster Spins/Paints Linux Devices as 'Fakes'

    Microsoft delivers rogue drivers through Windows Update and they brick Arduino microcontrollers



  6. How Bill Gates Continues to Pass Wealth From the Public to His Own Bank Account

    Having put a universal tax on many things (not just computers) and evaded tax using the classic 'charity' trick, Gates is now buying the media, the schools, politicians etc. and earns as much as 10 billion dollars per year while the public is taught that Gates is a giver, not a hoarder of the worst kind



  7. Links 27/10/2014: Lenovo Unbundling, Linux 3.18 RC2

    Links for the day



  8. IRC Proceedings: September 14th, 2014 – October 25th, 2014

    Many IRC logs



  9. Links 25/10/2014: KDE Mockups, Update on GNOME Outreach Program for Women

    Links for the day



  10. After Infecting Unity -- Successfully -- Microsoft's Partner Xamarin Wants to Infect Unreal Engine With .NET

    Xamarin continues to spread dependence on Microsoft to more gaming frameworks, not just platforms such as GNU/Linux, Android, and even permanent-state devices



  11. Taking Microsoft Windows Off the Grid for Damage to Businesses, the Internet, and Banking Systems

    Microsoft's insecure-by-design software is causing massive damages ([cref 27802 possibly trillions] of [cref 13992 dollars in damages to date]) and yet the corporate press does not ask the right questions, let alone suggest a ban on Microsoft software



  12. City of Berlin Does Not Abandon Free Software, It's Only Tax Authorities

    A Softpedia report that says the City of Berlin is moving to Microsoft Office is flawed and may be based on a poor translation



  13. Nadella a Liar in Chief at Microsoft, Pretending That His Anti-Competitive Practices Are Unfortunately Imposed on Microsoft

    The nastiness of Microsoft knows no bounds as even its assault on GNU/Linux and dirty tricks against Free software adoption are characterised as the fault of 'pirates'



  14. Reuters Writes About the Demise of Software Patents, But Focuses on 'Trolls' and Quotes Lawyers

    How the corporate media chooses to cover the invalidity of many software patents and the effect of that



  15. Links 24/10/2014: Microsoft Tax Axed in Italy, Google's Linux (ChromeOS/Android) Leader Promoted

    Links for the day



  16. Links 24/10/2014: GNU/Linux History, Fedora Delay

    Links for the day



  17. Links 23/10/2014: New *buntu, Benchmarks

    Links for the day



  18. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  19. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  20. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  21. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  22. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  23. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  24. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  25. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  26. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents



  27. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests



  28. The EPO's Public Relations Disaster Amid Distrust From Within (and EPO Communications Chief Leaves): Part VII

    Amid unrest and suspicion of misconduct in the EPO's management (ongoing for months if not years), Transparency International steps in, but the EPO's management completely ignores Transparency International, refusing to collaborate; the PR chief of the EPO is apparently being pushed out in the mean time



  29. Links 18/10/2014: Debian Plans for Init Systems, Tails 1.2

    Links for the day



  30. Links 18/10/2014: New ELive, Android Expansion

    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