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

02.14.13

Software Patents Debate Manipulated by Spin

Posted in Deception, Patents at 4:29 pm by Dr. Roy Schestowitz

Summary: Recent examples from the news show disparity between what patent lawyers are saying and what others have to say

Jon Potter believes that “Software patent trolls can be stopped by U.S. Patent Office and Congress” as he writes about mobile app developers (small businesses or even indie) who fall prey to software patents and trolls (which are seemingly a rising phenomenon). He says that “[w]hile app developers are angry with the trolls, they are also frustrated, rightly, with their government. The patent system was created to promote innovation and protect entrepreneurs. But in the trenches of the app development industry, people are intimidated and angered. App developers and entrepreneurs, the very people whom the patent system should protect, now consider software patents as inhibiting — rather than promoting — innovation.”

Another writer from the same area writes about expansion of USPTO regime to another place:

As the US Patent and Trademark Office prepares to open a Silicon Valley office, intellectual property stakeholders gathered at Stanford to tackle a big reason for USPTO’s enhanced regional presence: Software patents.

For shame. Google has been working against software patents recently. Over at Wired, yet another lawyer, Christal Sheppard, keeps the rigged ‘debate’ going. Those rigged debates almost always exclude the most important component: developers.

Patents are often misunderstood and badly explained by propagandists. In an article by Mike Masnick he says: “Despite plenty of research showing that patents do not, in fact, lead to increased innovation (but rather increased patenting), many still assume that there’s a direct linkage. Of course, it is true that many successful industries see high rates of patents, but there is evidence that patents tend to lag the actual innovation, rather than predate it. That is, once an area or industry is innovative and successful then everyone rushes in to get patents and try to extract their piece of the pie, often slowing down the pace of innovation.

“So it’s fairly disappointing that the Brookings Institution, which normally does pretty good work on these kinds of things has put out a study about patents and innovation, and appears to be confusing correlation and causation in saying that patents lead to innovation and even (more ridiculously) that areas that aren’t doing enough patenting need to beef up their patents to increase innovation:”

Dennis Crouch gives his 50 cents, but he too is a law person, who in his post “Of Smart Phone Wars and Software Patents” helps justify the spread of software patents:

Stuart Graham (USPTO’s Chief Economist) and Saurabh Vishnubhakat recently published an interesting short paper entitled Of Smart Phone Wars and Software Patents. The paper largely defends the USPTO’s examination of software patenting by showing that its approach in the software arts is essentially the same as in other fields.

The two charts below come from the article. The first shows the percentage of first office actions that are first-action allowances. This is calculated for each fiscal year as the (# of first action allowances) / (# of first actions). The second chart looks at the first “final” action in a case. For their study, a final action is either (1) a final rejection or (2) an allowance. And, the first final is whichever one of those came first.

So basically, for lawyers and by extension the legal sphere it is okay to have mobile patent wars. Apple is meanwhile retrying a ban of leading Android devices:

Apple has now filed a normal appeal, after being turned down for en banc review by the entire Federal Circuit, regarding Judge Lucy Koh’s refusal to order an injunction against Samsung in the first Apple v. Samsung case, no. 11-CV-1846. That’s the one where Apple got a jury to order a billion plus in damages. Although I doubt that figure will stand. Anyway, Apple wants an injunction too, and here’s the brief [PDF] asking for it. The order [PDF] it’s appealing is found here as text. And I’ll work on a text version for you of this appeal brief next.

A lawyers-run blog speaks of a mobile patents thicket and CAFC, another lawyers-run institute, may soon get to legitmise software patents again. Reuters articles about it [1, 2] say:

Lawyers squared off on Friday over U.S. rules for granting patents for software, or if software should be patented at all, in arguments in a case closely watched by Google Inc, Facebook Inc and other technology companies.

The lawyers’ sites, unlike some news site, have a bias which is expected. Even the press in New Zealand covered it as follows:

Lawyers have squared off over US rules for granting patents for software, or if software should be patented at all, in arguments in a case closely watched by Google, Facebook and other technology companies.

The full US Court of Appeals for the Federal Circuit heard arguments in the case, which involves whether patents for a computerised system for exchanging financial obligations are valid. The case has drawn wide interest because it could help determine parameters for software patent protection.

Disagreement was apparent among the 10 judges on the panel, and experts said they expected a divided decision, which could land the case before the US Supreme Court.

The lawyers, as expected, try to interject themselves into analysis of this news, vying to marginalise more proper news sites. Developers, sadly, are quiet, which leaves them vulnerable.

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. Microsoft's Secret Lobbying, Bullying, and the Long History of Blackmailing Politicians Around the World

    British media covers Microsoft's abuse in the UK, but there are many similar incidents, and not just in the UK



  2. Frankfurter Allgemeine Zeitung on Benoît Battistelli and Four EPO Suicides

    German press article from April 2015 (with translations)



  3. Links 24/5/2015: CrossOver 14.1.3, NTFS-3G Vulnerability

    Links for the day



  4. Links 23/5/2015: Fedora 22 to May 26th, Netflix in SteamOS

    Links for the day



  5. The Patents Production 'Industry' (Patent Lawyers) Still Fights Hard to Salvage Software Patents

    A review of recent writings about software patents and patents on business methods in the United States, demonstrating that patent lawyers have gotten very vocal and sneaky (trying to evade the rules)



  6. Patents as a Marketing Strategy: USPTO Now Part of the Advertising Industry

    The existence of publicity patents, or patents whose sole purpose is to advertise some products, serves to discredit the US patent office, which was originally set up to promote science and technology



  7. Microsoft Blackmails and Extorts British Politicians Over Open Standards and Free Software-Leaning Policies

    Microsoft's digital imperialism in the UK getting defended using blackmail, reminding a lot of Brits that Microsoft is just as evil as ever before



  8. Microsoft Gives Another Bug a Name, This Time Logjam™

    The Microsoft crowd is good only at marketing, even when it comes to small bugs in software



  9. Links 22/5/2015: Fedora 22 Final Release is Near, Canonical IPO Considered

    Links for the day



  10. More Utter Shame Unveiled at Battistelli's EPO: Intimidation Tactics With Help From 'Control Risks'

    The unaccountable thugs who run the EPO have hired London-based spooks to help silence their opposition and their critics



  11. GNU/Linux Still Under Attack From Apple and Microsoft, Patents Remain the Weapon of Choice

    A timely reminder of the importance of patent matters, for they are being used to eliminate the zero-cost advantage of Free/libre software and make it more proprietary, privacy-infringing, and user-hostile (as a result of blackmail)



  12. Gartner Group and NASSCOM: Will Lie for FUD, on Behalf of Microsoft and Proprietary Software

    Some of the latest arguments against Free/libre software turn out to be arriving from couriers of Microsoft and its agenda



  13. Windows is a Franchise in Demise, Don't Believe the Hype

    Ongoing propaganda about Vista 10, 'cloud', and other buzzwords or brands are put in perspective



  14. Links 21/5/2015: Fedora 22 RC2, CERN Chooses OpenStack

    Links for the day



  15. Microsoft is Again Showing Its Hatred of Free/Open Source Software by Lobbying the Indian Government to Drop a Rational National Policy

    Microsoft decides to attack Free/Open Source software (FOSS) in India, where the corporate media is very much complicit in misleading the public



  16. Links 20/5/2015: Containers, OpenStack, and EXT4 Corruption

    Links for the day



  17. The PATENT Act, Distraction of Trolls, and Lobbying for Software Patents by Protectionists

    Only large corporations and their lawyers are able to formally change the US patent system through public officials and politicians, despite recent rulings from very high courts



  18. Corporate Media and Friends of Microsoft Are Still Lying About the Cost of Vista 10

    In a desperate effort to beat operating systems that are Free (libre) and free (gratis), such as GNU/Linux or Android, Microsoft shores up the illusion of 'free' (gratis) Windows



  19. Links 19/5/2015: Linux 4.1 RC4, Thunderbird 31.7.0, OpenStack Event

    Links for the day



  20. Links 18/5/2015: Russia Chooses Jolla, Many New Distro Releases, Meizu Devices

    Links for the day



  21. Even Converting an Image to Greyscale is Now a Patent

    Simple mathematics becoming patented as Fujifilm claims 'ownership' of photographic conversion to greyscale



  22. Grooming of the World's Biggest Patent Troll, Nathan Myhrvold of Microsoft and Intellectual Ventures

    UCLA and Microsoft-linked media are framing big thugs as heroes, doing a great disservice to both academia and journalism



  23. The EPO's Fight to Bring Software Patents Into Europe is One Step Closer to a 'Victory' (for Multinationals)

    Opposition to the Unified Patent Court (UPC) is being crushed and Italy is one of the latest actors to have fallen in the battle



  24. Microsoft's 'Former' Staff Continues With His Anti-Google Rhetoric at CBS

    A Microsoft intern, who has moved on to journalism, is still showing his affinity for Microsoft with apologetics and spin



  25. More of Microsoft's False Claims About Cost of Vista 10 and More Layoffs

    Vista 10 is still being marketed using lies and Microsoft may be going down the same route as Nokia



  26. Microsoft Remotely Bricks -- Intentionally -- Xbox One

    Microsoft is showing off its kill switches, kills consoles of people whom it doesn't like



  27. IRC Proceedings: May 3rd - May 16th, 2015

    Many IRC logs



  28. Links 17/5/2015: NuTyX Saravane 15.05, Panasonic and Firefox OS

    Links for the day



  29. Links 16/5/2015: MAME Free Software. Rust 1.0, New Wine

    Links for the day



  30. Links 15/5/2015: GNOME 3.16.2, GNU Guix 0.8.2

    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