03.06.13

Gemini version available ♊︎

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

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. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  2. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  3. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  4. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  5. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  6. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  7. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  8. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  9. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  10. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  11. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  12. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  13. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos



  14. Gemini Rings (Like Webrings) and Shared Spaces in Geminspace

    Much like the Web of 20+ years ago, Gemini lets online communities — real communities (not abused tenants, groomed to be ‘monetised’ like in Facebook or Flickr) — form networks, guilds, and rings



  15. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  16. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  17. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  18. Links 16/1/2022: Tsunami and Patents

    Links for the day



  19. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  20. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  21. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious



  22. Links 15/1/2022: Flameshot 11.0 and Libvirt 8.0

    Links for the day



  23. Blogging and Microblogging in Geminispace With Gemini Protocol

    Writing one’s thoughts and other things in Geminispace — even without setting up a Gemini server — is totally possible; gateways and services do exist for this purpose



  24. Links 15/1/2022: Raspberry Pi in Business

    Links for the day



  25. IRC Proceedings: Friday, January 14, 2022

    IRC logs for Friday, January 14, 2022



  26. Gemini Clients: Comparing Moonlander, Telescope, Amfora, Kristall, and Lagrange (Newer and Older)

    There are many independent implementations of clients (similar to Web browsers) that deal with Gemini protocol and today we compare them visually, using Techrights as a test case/capsule



  27. 2022 Starts With Censorship of Christmas and Other Greetings at the EPO

    The nihilists who run the EPO want a monopoly on holiday greetings; to make matters worse, they’re censoring staff representatives in their intranet whilst inconsistently applying said policies



  28. Links 14/1/2022: FFmpeg 5.0 and Wine 7.0 RC6

    Links for the day



  29. White House Asking Proprietary Software Companies That Add NSA Back Doors About Their Views on 'Open Source' Security

    The US government wants us to think that in order to tackle security issues we need to reach out to the collective 'wisdom' of the very culprits who created the security mess in the first place (even by intention, for imperialistic objectives)



  30. Links 14/1/2022: EasyOS 3.2.1 and Qt 6.3 Alpha

    Links for the day


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