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

03.06.13

USPTO Drives Linux Phones Out of the United States, US Citizens Speak Out Against Software Patents, Politicians Concerned

Posted in America, GNU/Linux, Patents at 9:47 am by Dr. Roy Schestowitz

Innovation and jobs move away from software patents haven

Obama

Summary: Official confirmation that the US market is avoided due to patent mess it has become notorious for; lawmakers take action against patent trolls, but not against the root cause, software parents, which US citizens certainly oppose; patent law changes/amendments are said to be under way

MEEGO, a versatile Linux-based operating system, survives through Jolla, which plans to take on Android. But “Due to crazy US #patent system innovative startups will not enter the US market. Proof: #jolla case. Keep enjoying your iphone 5…”

Yes, here is an article about it:

At TechCrunch, Jolla’s CEO Marc Dillon explains why his company will focus on China, Finland, and the rest of Europe first, ignoring the US.

US citizens should work hard to abolish software patents. They’re losing a lot from these ridiculous monopolies and software patents are mostly void in the rest of the world, so US residents would be in good company by ending software patents. Ars Technica provides yet another new story about patent trolls being addressed by some politicians:

This morning, Representatives Peter DeFazio (D-OR) and Jason Chaffetz (R-UT) introduced the SHIELD Act, which would create a “loser pays” system for some types of patent litigants. The bill is meant to stymie companies that do nothing more than file patent lawsuits.

Ars spoke with DeFazio at CES 2013 in January, when this bill was still in the formative stages, to get some background about how the bill developed, and the problems the Oregon representative hopes it will solve.

DeFazio has been in Congress since 1987, and represents Oregon’s 4th District, which covers a wide swath of Western Oregon. It includes Eugene, the state’s second largest city and home to the University of Oregon.

President Obama recently got involved in this debate; changes are afoot:

Companies interested in protecting their inventions should be aware of major changes that are coming to U.S. patent law. The Leahy-Smith America Invents Act, signed into law by President Obama in September 2011, represents the biggest changes to U.S. patent law in more than 50 years. Although it was enacted in 2011, its most sweeping changes come into force beginning in March 2013.

Change you can hardly see even with a microscope. Change like that we are accustomed to seeing whenever a so-called ‘reform’ in the USPTO is announced. Let’s hope this time it will be different. They speak about trolls, but not quite about the broader problem, which is patents on algorithms and vague concepts.

Ars Technica, which employs a trolls expert, has another good report about trolls:

When a couple (we’ll call them the Smiths) received a letter from their ISP—one saying they were being threatened with a copyright lawsuit—they were scared. The middle-aged immigrant couple moved to the United States from Eastern Europe more than a decade ago. Both have advanced degrees, but they knew very little about the US legal system. They denied (and still do deny) the plaintiff’s accusation that they downloaded a pornographic film on BitTorrent, but the Smiths were still worried about the consequences of being sued.

“We never were involved in the legal process,” Mr. Smith told us in a phone interview. “I didn’t know the difference between criminal cases and civil cases. I was totally ignorant.”

The Smiths’ predicament has become increasingly common. So-called “copyright trolls”—often law firms representing third-tier pornography producers—have threatened tens of thousands of users with lawsuits for allegedly sharing copyrighted pornography on peer-to-peer networks. A key part of the troll business model is that the cost and embarrassment of a public lawsuit involving pornography can be enough to intimidate even some innocent users into paying the trolls’ ransom.

And now, patent progress is also suggested by the post titled “patent trolls stifle innovation”. It says:

Over the last several months, we have been vocal in our calls for software patent reform to put an end to the threat of lawsuits on behalf of patent assertion entities (PAEs), more commonly known as patent trolls. Why? Because at Rackspace it has become our most pressing legal issue. Since 2010, our spending to combat patent trolls has increased by 500 percent.

Patent trolling has become big business. It hurts the economy – a Boston University study conducted last year found that patent trolls cost the U.S. economy about $29 billion in 2011, up from $7 billion in 2005.

No one is immune – this is an issue that affects businesses of all sizes, but small business owners and software developers are hit the hardest. At Rackspace, we are especially concerned with the impact patent trolls suits can have on open source software projects, which are important innovation centers. To us, open source gives our country the ability to increase our share of global technology innovation.

Another noteworthy new article says that software patents are evil:

Software Patents Are Evil

I was planning to write about software patent trolls and was entering “software patents” in my search engine when it offered the suggestion “are evil” to complete the phrase. I’ll buy that. So to encourage more traffic here, that is the title of this post. Yes. I have been blogging for quite some time.

How about this new piece about software patents?

On Tuesday Feb 12th, the US Patent Office is holding a roundtable in Silicon Valley to discuss issues surrounding the patenting of software, and I have an opportunity to get a seat at the table.
I’ll attend if I get some opinions from other entrepreneurs on the topic.
Do you have an stance on patenting software that you want to be heard? If so, leave it in the comments below and I’ll represent the opinions I get below in person.

“Patents are for people who don’t want to do the real work and use the legal system to tax those that do,” Michael Robertson wrote in Twitter.

A pro-FRAND blog talks about Apple and the recent case which involves Sony, showing perhaps like other sites that are run by lawyers that the USPTO has nothing to do with innovation but with everything against it. Its site harbours opinions/papers from patent lawyers (www.uspto.gov/patents/init_events/software_ak_cc_sw.pdf), but rarely from those who practice a real field. The issue is, the former class, the group of lawyers, is still one that controls the government. It’s hard to defeat these special interests, but we certainly must try. It’s a global issue with universal effects.

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

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. Stick a Fork in the Open Source Initiative (OSI). OSI is Dead. Microsoft Bought OSI.

    OSI leadership proudly showing early signs of 'prognosis negative'; the OSI can never and will never recover from this; Microsoft killed it



  2. Links 20/10/2020: OpenZFS 2.0 RC4 and Trisquel GNU/Linux 9.0

    Links for the day



  3. People With God Complex Must Never be Allowed in Positions of Power

    The attack on Linus Torvalds — an attack which at his own expense/peril he fails to recognise/acknowledge — seeks to put both projects that he founded right in Microsoft’s palm



  4. IRC Proceedings: Monday, October 19, 2020

    IRC logs for Monday, October 19, 2020



  5. Corporate Media: GNU/Linux Can Only Succeed If/When Microsoft Dominates Everything Inside It

    The corporate takeover (or handover) of GNU/Linux would not have been possible without complicity of corruptible (bribed) media



  6. Bill Gates Explains How Microsoft and Apple Leverage Software Patents in Their Cross-Licensing Deals (to Perpetuate Duopoly/Shared Monopoly)

    A look back at Apple's and Microsoft's use or misuse of bogus software patents in bargaining (in effect excluding those who have not amassed tens of thousands of patents)



  7. Standards and Choices

    GNU/Linux is a very standards-based platform; having lots of choices (e.g. distros to choose from) isn’t the principal problem — or nowhere near the extent sabotage and illegal tactics by Microsoft have been



  8. IBM's “Emb(RACE)” Campaign is an Insult to History and Historians

    IBM wishes to be seen as some heroic saviour and warrior for black girls; this requires serious if not torturous revisionism to be believed



  9. There Are Too Many Types of Cars...

    "Choice is malicious," say the antagonists



  10. Reversal of Narratives by Internet Trolls (Spinning Reaction to Their Trolling as 'Abuse')

    Organisations that engage in demonisation of people (typically those who expose the abuses of such organisations) somehow evade the standards of Codes of Conduct, as if Codes of Conduct are covertly designed not to protect individuals but to empower those who already have all the powers (or front for powerful people/corporations)



  11. Ongoing (Albeit Secret) Campaign of Patent Extortion Against GNU/Linux Distributions Using Software Patents, Even Expired Ones in Europe

    GNU/Linux distros attacked by software patents, even in Europe where no such patents are supposed to exist (or have any legal bearing)



  12. Links 19/10/2020: Linux 5.9-ck1/MuQSS, Linux Kodachi 7.3

    Links for the day



  13. Java's James Gosling is Wrong. Free Software Advocates Never Suggested or Insinuated That Money-Making Was Ethically Wrong.

    The honorable James Gosling mischaracterises the stance of Free software advocacy, portraying it like it is an issue of money rather than respect for users



  14. Maybe This is What Codes of Conduct Were Made for? Or to Prevent? (Updated)

    When people bemoan the abuse they receive from a so-called 'anti-harassment' team (covering up corporate corruption in a project by ousting people) this is the kind of thing they receive from colleagues or former colleagues



  15. Media Contradicts Itself, Redefines Proprietary Software as 'Open'... for Microsoft

    Proprietary GitHub is being spun as Microsoft going "open" (nothing could be further from the truth) in another EEE-type move with diffusion and confusion



  16. A Critic's Free Software Dictionary by figosdev

    Sarcastic take on often-spoken words in the domain of technology



  17. IRC Proceedings: Sunday, October 18, 2020

    IRC logs for Sunday, October 18, 2020



  18. Links 19/10/2020: OpenBSD 6.8, RapidDisk 7.0.0, Tails 4.11 Reviewed

    Links for the day



  19. The Different Types of Spammy 'Articles' and 'Reviews' Which Have Killed 'Professional Journalism' (Nowadays Mostly SPAM)

    The media has become so rogue that a lot of it is merely an extension of the marketing/PR industry; unless this is corrected, online publishers will fail to earn or maintain any degree of trust



  20. When the Software -- and by Extension Hardware and Network -- Controls the User...

    A distraction-free workflow is more likely to be attained using Free software than without it; in a world with information overload and 'surveillance capitalism' people need to carefully rethink what they do (or have done to them) digitally



  21. What the Linux Foundation Teaches People About GNU/Linux in LinuxFoundationX (edX) LFS101x “Introduction to Linux” [sic]

    Some annotated screenshots of preliminary sections of LFS101x, a 'course' designed to indoctrinate people for the Linux Foundation and the project is borrows its name from (but whose trademark it does not control)



  22. Shut Up and Learn to Maintain an Application Suite

    "Try and maintain a complex piece of software like a browser or an office suite, and then you'll understand."



  23. LinuxFoundationX (edX) LFS101x “Introduction to Linux” is More Linux Foundation Marketing and 'Linux' Revisionism Than Actual Training/Teaching

    The Linux Foundation makes a course about "Linux" partly about itself (the Linux Foundation, with top members like Microsoft and Oracle) and distorts the record with terms like "Open Source" and the pretense everything is "Linux" (even work that predates Linux itself)



  24. Microsoft Sheds Off Lots of Staff in This Autumn of COVID

    Microsoft is laying off more staff than we've estimated (even Azure staff) and the modus operandi disguises layoffs as mere departures (to make it seem wilful)



  25. [Meme] Microsoft's Calculator is Spyware

    The last thing GNU/Linux users need or want is yet another simple calculation tool, this one with Microsoft in control



  26. History's Lesson: Microsoft Now Does to GNU/Linux What It Did to Java (Creating 'Schism' to 'Wrest Control')

    We take a closer look at what Bill Gates admitted (under pressure, with 'smoking guns' to compel him into admission) regarding his rogue tactics



  27. When You Have to Use Windows for Something (Like Work) But You Really Don't Want Anything Proprietary or Microsoft-Controlled

    The situations/scenarios where GNU/Linux and BSD geeks need to 'touch' Windows for something (usually remotely) rapidly dwindle; those who are still using Windows on a laptop/desktop in 2020 are considered tech-illiterate or regarded as 'dinosaurs' (hence the dishonour meme above)



  28. Links 18/10/2020: Kodachi 7.3 and OpenBLAS 0.3.11

    Links for the day



  29. Surveillance in (and/or by) Free Software is a Growing Problem

    If Free software ceases to respect personal privacy (full control over one’s computing), does it still protect users’ freedom? That’s a question or an aspect not dealt with by the Four Freedoms — and one that’s worth entertaining as so-called ‘surveillance capitalism’ grows (data as currency, people as ‘products’ to be sold)



  30. Bill Gates Refers to His Business as “Jihad” and Accuses Java of Being a “Religion” With “Rabid” Supporters

    Peace disallowed by Bill Gates, as usual; to him, this is all just a religious war that strives to cull out and eliminate or convert the 'infidels' (those who reject his religion); the Bill Gates deposition tapes show his deep concerns and fear of Java APIs


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