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

03.14.13

Software Patents Proponent Martin Goetz Groomed by a Microsoft Booster, Unrest Over Software Patents Evident in Europe

Posted in America, Europe, Patents at 12:48 pm by Dr. Roy Schestowitz

Martin Goetz

Summary: More arguments over the issue which is software patenting and who’s behind it

A longtime booster of Microsoft gives a platform to software patents proponents, in this case the first person to acquire a software patents, or at least the most vocal such person (what constitutes a software patent is subjective):

Guest post written by Martin Goetz

The author, Martin Goetz, opposes lawyer Eric Goldman, whose position we wrote about before. “Unfortunately,” Goetz says in an ad hominem fashion, “Goldman is not only wrong on most of his statements which he presents as “facts,” he is viewing this controversy from his vantage point only as an IP lawyer and teacher. Had he worked in the software industry, he might have had a much different viewpoint. I say this after having spent over 35 years directly in the software industry and another 20 years as a software consultant and investor in software start-ups.”

Gérald Sédrati-Dinet, an opponent of the unitary patent in the EU, weighs in by saying:

@SCUHTLI I also disagree, @ericgoldman miss the point for #swpats, this is what is important: http://www.groklaw.net/article.php?story=20130310164408906 …

He links to the very good Groklaw article.

The placement from the Microsoft booster has been providing ammunition for patent boosters such as IAM Magazine (patent lawyers), to whom responses went like this (from the same person):

@ksnhlaw @IAM_magazine actually @ericgoldman ‘s critics were already bad and not shared by opponent to #swpats

Yes, Goldman is a lawyer and we do not agree with his proposed solution.

Meanwhile, points out another person, Europe gets flooded by US patents, including software patents (more on that in the next post). To quote this one tweet:

And the Unitary Patent will favor EU SMEs… really? RT @AchimMuellers: US No. 1 Country in Patent Filings with EPO http://www.marketwatch.com/story/european-patent-office-epo-2012-annual-results-us-are-no-1-country-in-patent-filings-with-european-patent-office-2013-03-06#.UTdQ1zB0jnY.twitter …

We need more people to get involved and stop software patenting in Europe. The unitary patents was merely the first step and it helps import patents from the US.

Daniel Ravicher, interestingly enough, is still doing fantastic work by suing for fraud over Herbalife:

My first thought upon reading a new shareholder derivative complaint accusing directors and officers of JPMorgan Chase, Wells Fargo and Bank of America of facilitating a pyramid scheme by extending a total of $1.2 billion in credit to the controversial nutrition company Herbalife was that it was an interesting new development in the weird hedge-fund showdown between Herbalife short-seller William Ackman of Pershing Square and Herbalife investor Carl Icahn. My second thought, when I noticed that the pro se plaintiff was a lawyer named Daniel Ravicher, was, “Wait. That can’t be Dan Ravicher of the Public Patent Foundation.”

But it is. The well-known IP public interest lawyer, who’s co-counsel with the American Civil Liberties Union in the Myriad gene patent case now before the U.S. Supreme Court, is moonlighting as a private lawyer in the Herbalife derivative suit and in a companion fraud complaint against Icahn, also filed Wednesday in federal court in Manhattan. In a phone interview Ravicher told me that he’s stepping out of the realm of intellectual property because he’s convinced Herbalife is taking advantage of unwary, unsophisticated consumers. His girlfriend, he said, knows someone who became an Herbalife distributor and nearly became one herself. “This struck a chord with me personally,” he said. “Herbalife is hurting people.”

It is sad to lose one like him to a different (but important) cause. This leaves fewer people to fight for patent reform in the US (the USPTO is a disease) and prevention of software patents in Europe. There is a lobbying war going on and if developers don’t participate in this debate, the lawyers and the monopolists which pay them will win.

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. Patents Roundup: Apple Versus Android/Linux, Leigh Rothschild Versus Everyone, Patent Lawyers Versus Patent Reform and Progressivism

    News collated which pertains to software patents, especially those which affect Free/libre software



  2. Links 4/9/2015: Acer Predator 8, GNOME 3.17.91 Released

    Links for the day



  3. Microsoft's Vista 10 Still a Failure, So Focus Shifts to Attacks on GNU/Linux, Android

    Vista 10 adoption is already plateauing (at very low levels considering the zero-cost 'upgrade') and Microsoft is trying to assert or exploit (patent) monopolies where adoption and market growth are extremely high (Free software)



  4. Links 3/9/2015: Xiaomi's Linux Push, Calligra/Krita 2.9.7

    Links for the day



  5. TechBytes Episode 89: Chromebooks, Privacy, and Vista 10

    An episode which focuses on the rise of Chromebooks, serious issues pertaining to privacy, media bias, and the demise of Windows



  6. Links 2/9/2015: Chromebooks and Red Hat Enterprise Linux 7.2 Beta

    Links for the day



  7. Software Patent From Troll Called 'Rothschild Connected Devices Innovations' a Symptom of a Rotten Patent System

    Another example of patent trolls and software patents as gatekeepers and parasites, denying access to very trivial ideas or implementations



  8. When Even Patent Lawyers' Blogs Acknowledge the Rapid Demise of Software Patents

    Voices for patents are accepting the new order wherein software patents are hardly potent at all (and increasingly difficult to acquire)



  9. Calling Proprietary Software, Software Patents, Lock-in (Like OOXML) and DRM 'Open'

    What Microsoft et al. call 'Next-Generation Open Media Formats' are basically neither open nor acceptable (it's DRM) and what Microsoft apologists dub 'Open Source Tools' are just another example of a Microsoft Office openwashing Trojan horse



  10. Recycled Old News About Vista 10, Stressing That Not Only '10' is Spyware But All of Windows is

    How Microsoft propagandists are spinning Microsoft's gross and potentially illegal privacy violations as a reason to 'upgrade' to Vista 10



  11. Links 1/9/2015: Manjaro Linux 0.8.13, Netrunner 14.2 LTS

    Links for the day



  12. Patents Roundup: IAM's Claims About India, Lawyers' Patent Bias, ITC for Microsoft, and PTAB Against Kyle Bass

    Another weekly summary, focusing on issues that pertain to or affect Free software in particular



  13. Microsoft Crowd Rocks the Media With Misleading Claims and Deliberate Lies About GNU/Linux, Vista 10, and Free/Open Source Software

    A roundup of rigged press coverage, intended purely to serve Microsoft's agenda



  14. Links 31/8/2015: Linux 4.2, LXLE 14.04.3

    Links for the day



  15. IRC Proceedings: August 9th, 2015 – August 29th, 2015

    Many IRC logs



  16. “Conservative” Site Responds (Yet Again) to Misguided “Conservative” Efforts to Derail Patent Reform in the US

    Patent trolls throw stones in glass houses, contributing to their own unpopularity, but some influential “Conservatives” continue to defend (conserve) them



  17. Increase in Lobbying for Software Patents in Europe and Its Trojan Horse, the Unitary Patent (UPC)

    The relentless campaigns to bring software patents into Europe have not stopped and so-called 'unification' -- much like so-called 'trade' deals -- serves to support them



  18. Microsoft Technology Crashes Financial Markets, Again

    SunGard, which is a Microsoft shop, is clearly failing to provide what it calls mission-ciriticaal [sic] solutions



  19. Alice v. CLS Bank (Alice/§101) Comes to Squash Software Patents Even in Eastern District of Texas

    The crackdown on software patents is coming along nicely and the Alice case is now being utilised even in the capital of patent trolls



  20. Apple's Patent Cases Against Android Are Falling Apart, as Acknowledged Even by the Anti-Android Lobby





  21. Links 29/8/2015: NetworkManager 1.0.6, Systemd Merges “su” Command Replacement

    Links for the day



  22. Microsoft Loves Linux to Death and Still Tries to Kill GNU/Linux

    Microsoft's relentless attacks on GNU/Linux and Free software in general (even if it runs on Windows) are so evident that claims of 'love' remain laughable at best (if not infuriating)



  23. Censorship, Self-Censorship and Intimidation Now the Modus Operandi at EPO

    The European Patent Office has ceased even trying to pretend that it respects human rights, including the right to free speech



  24. Patent Practitioners: "The Unitary Patent Might be Able to Open the Floodgates for Software Patents in Europe"

    The EPO-backed Unitary Patent scheme threatens to bring software patents to Europe and along with them a lot of patent trolls from all around the world (especially the United States)



  25. Microsoft Lies About Vista 10 and Increases Microsoft Surveillance (Even Beyond Vista 10 and Into Android, Vista 7/8)

    Windows surveillance expands retroactively, making its way into platforms other than Windows and also expanding to predecessors of Vista 10



  26. Another Suicide at the EPO, Fifth by Our Count

    Yet another EPO member of staff has just committed suicide, leading to the inevitable question: how many people need to die before Battistelli and his minions are out of the Office for good?



  27. Links 27/8/2015: ownCloud Desktop Client 2.0, Red Hat Downgraded

    Links for the day



  28. Microsoft-connected Mesosphere Threatens to Eliminate Free Software in the Datacentre

    Hiding behind a misleading 'open' label while actually backed by Microsoft (and based on new rumours may join Microsoft), Mesosphere wishes to eradicate Free and back doors-free software in large datacentres hosting a lot of physical and virtual servers



  29. Microsoft Aggression Against GNU/Linux Amid Vista 10's Failure

    A look at the recent assault on GNU/Linux in Munich and the likely cause for this assault (in such a timely fashion, too)



  30. Message to LinuxCon Regarding Microsoft: “It is Necessary to Get Behind Someone in Order to Stab Them in the Back.” -Sir Humphrey Appleby

    Jim Zemlin, executive director of the Linux Foundation, helps Microsoft gain influence in the Foundation after payments are received


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