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

04.06.13

Missing the Real Problem With Patents in the United States

Posted in Patents, Red Hat at 6:37 am by Dr. Roy Schestowitz

Protectionism facilitated by lawyers

Lock

Summary: Response to some articles about the US patent system and those who strive to fix it, or conversely, keep it broken

The tiresome debate over the subject of patents is really massive these days. Many articles are written about it everywhere. A lawyers’ site continues to advance the view that software should be patentable by giving the platform to a notable lobbyist/booster for this ’cause’; Martin Goetz is said to be at the genesis of software patents in the US [1, 2, 3, 4, 5, 6] and he continues to be used by law-practicing software patents proponents such as Dennis Crouch. This is a problem because unless software developers make their views heard, the lawyers will simply get their way.

Other sites pay a lot of attention to patent trolls rather than software patents. Groomed by a Microsoft-friendly, Bill Gates-funded press like “GOOD” [1, 2], patent troll Spangenberg, for instance, is targeted by Rackspace, which calls him the most notorious patent troll in America after winning an important case against another troll, thanks to help from Red Hat. The British press says that “Rackspace sues ‘the most notorious patent troll in America’”:

Texan hosting firm Rackspace is going on the offensive with a legal challenge to non-producing entity (or patent troll, as they are more commonly known) Parallel Iron – a firm Rackspace describes as “the most notorious patent troll in America.”

Rackspace is still feeling cocky after its victory last week in the Eastern District of Texas, when a judge ruled that fellow NPE Uniloc couldn’t try to enforce a patent on a mathematical formula – a rare case of logic from the notoriously patent plaintiff-friendly court. Flushed with success, Rackspace is now taking the fight to a new target.

Intellectual Ventures is actually much bigger and more dangerous. One of our readers said he “thought Intellectual Ventures was the most notorious patent troll in America.” He was right. The USPTO continues to facilitate these trolls and Red Hat’s unofficial blog calls for an open, collaborative effort to improve US patents rather than call for change in the system itself:

Late last year, I wrote about the EFF’s project to leverage the Patent Office’s new Preissuance Submissions procedure to promote open 3D printing technology. Here we are, several months later, and the fight for open 3D printing continues. Now, the EFF has partnered with Ask Patents to facilitate crowdsourcing of prior art searches for various 3D printing-related patent applications.

At first, I didn’t see anything remarkable about this partnership. However, as I delved a little deeper, things got a little more interesting. First off, Ask Patents is part of a group of open-content websites called Stack Exchange which includes over 100 “question and answer sites on diverse topics from software programming to cooking to photography and gaming.” But, the more interesting tidbit—at least to me—came from the Stack Exchange blog, where they claim that former Patent Office Director, David Kappos, came to their office to encourage them to open a Stack Exchange site dedicated to generating prior art to help patent examiners do their jobs.

David Kappos is in favour of software patents. He and others like him want more people gardening the existing system rather than abolishing or reforming it.

Red Hat sends out mixed messages, with the notion of “bad” patents rather than software patents being advanced and also a focus on trolls rather than their tools of litigation. Red Hat itself has some software patents, some of which offend fellow FOSS-centric companies [1, 2]. The patent lawyers’ spin sites say that “Red Hat opposes software patents, but still recognises the value of IP” (as in trademarks? Copyrights?). Here is the opening of this spin piece:

Last week a court in the Eastern District of Texas dismissed patent litigation brought by NPE Uniloc against internet hosting provider Rackspace. Uniloc sued the Texan company in June 2012, alleging that its use of Red Hat Enterprise Linux infringed one of the NPE’s software patents relating to “the processing of floating-point numbers”.

In response, Rackspace and Red Hat (which was providing assistance to its customer in accordance with its Open Source Assurance programme) jointly filed for an early motion to dismiss the case. The motion was granted, with the court finding the claim asserted by Uniloc invalid as it covered a mathematical algorithm.

According to a press release from Red Hat, this decision represents the first time that a court in ‘NPE’s paradise’ the Eastern District of Texas has granted an early motion to dismiss after finding that an asserted patent claimed unpatentable subject matter.

This is true so far. But watch the spin at the end:

Even for organisations that have a fundamental opposition to software patents, IP can be a major part of their business model. Red Hat and other companies have shown that patenting and open source development can coexist and can complement each other; while other intangibles such as brands – and the trademarks and other rights that protect them – can be vital to competitiveness in the highly commoditised software market. For those in the open source community that are sceptical about the IP system, that is surely something worth considering.

With phrases like “patenting and open source development can coexist” (similar to IBM's line) they are trying to paint Red Hat as pro-patenting, simply by calling patents “IP” and then saying that Red Hat care for trademarks and such stuff. This helps prove that Richard Stallman has been right for his persistent opposition to the term “IP”.

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 24/3/2017: Microsoft Aggression, Eudyptula Challenge Status Report

    Links for the day



  2. Bernhard Rapkay, Former MEP and Rapporteur on Unitary Patent, Shoots Down UPC Hopes While UPC Hopefuls Recognise That Spain Isn't Interested Either

    Germany, the UK and Spain remain massive barriers to the UPC -- all this in spite of misleading reports and fake news which attempted to make politicians believe otherwise (for political leverage, by means of dirty lobbying contingent upon misinformation)



  3. Links 23/3/2017: Qt 5.9 Beta, Gluster Storage 3.2

    Links for the day



  4. The Administrative Council of the European Patent Organisation Has Just Buried an Innocent Judge That Battistelli Does Not Like

    An innocent judge (never proven guilty of anything, only publicly defamed with help from Team Battistelli and dubious 'intelligence' gathering) is one of the forgotten casualties of the latest meeting of the Administrative Council (AC), which has become growingly complicit rather than a mere bystander at a 'crime' scene



  5. Nepotism at the European Patent Office and Suspicious Absence of Tenders for Big Projects

    Carte blanche is a French term which now perfectly describes the symptoms encountered in the European Patent Office, more so once led by a lot of French people (Battistelli and his friends)



  6. “Terror” Patent Office Bemoans Terror, Spreads Lies

    Response to some of the latest utterances from the European Patent Office, where patently untruthful claims have rapidly become the norm



  7. China Seems to be Using Patents to Push Foreign Companies Out of China, in the Same Way It Infamously Uses Censorship

    Chinese patent policies are harming competition from abroad, e.g. Japan and the US, and US patent policy is being shaped by its higher courts, albeit not yet effectively combating the element that's destroying productive companies (besieged by patent trolls)



  8. 22,000 Blog Posts

    A special number is reached again, marking another milestone for the site



  9. The EPO is Lying to Its Own Staff About ILO and Endless (Over 2 Years) EPO Mistrials

    The creative writing skills of some spinners who work for Battistelli would have staff believe that all is fine and dandy at the EPO and ILO is dealing effectively with staff complaints about the EPO (even if several years too late)



  10. EPO’s Georg Weber Continues Horrifying Trend of EPO Promoting Software Patents in Defiance of Directive, EPC, and Common Sense

    The EPO's promotion of software patents, even out in the open, is an insult to the notion that the EPO is adhering to or is bound by the rules upon which it maintains its conditional monopoly



  11. Protectionism v Sharing: How the US Supreme Court Decides Patent Cases

    As the US Supreme Court (SCOTUS) starts delivering some decisions we take stock of what's to come regarding patents



  12. Links 22/3/2017: GNOME 3.24, Wine-Staging 2.4 Released

    Links for the day



  13. The Battistelli Regime, With Its Endless Scandals, Threatens to Crash the Unitary Patent (UPC), Stakeholders Concerned

    The disdain and the growing impatience have become a huge liability not just to Battistelli but to the European Patent Office (EPO) as a whole



  14. The Photos the EPO Absolutely Doesn't Want the Public to See: Battistelli is Building a Palace Using Stakeholders' Money

    The Office is scrambling to hide evidence of its out-of-control spendings, which will leave the EPO out of money when the backlog is eliminated by many erroneous grants (or rejections)



  15. In the US Patent System, Evolved Tricks for Bypassing Invalidations of Software Patents and Getting Them Granted by the USPTO

    A roundup of news about patents in the US and how the patent microcosm attempts to patent software in spite of Alice (high-impact SCOTUS decision from 2014)



  16. “Then They Came For Me—And There Was No One Left To Speak For Me.”

    The decreasing number of people who cover EPO scandals (partly due to fear, or Battistelli's notorious "reign of terror") and a cause for hope, as well as a call for help



  17. As Expected, the Patent Microcosm is Already Interfering, Lobbying and Influencing Supreme Court Justices

    The US Supreme Court (SCOTUS) is preparing to deliver some important decisions on cases with broad ramifications, e.g. for patent scope, and those who make money from patent feuds are attempting to alter the outcome (which would likely restrict patent scope even further, based on these Justices' track record)



  18. Intellectual Ventures -- Like Microsoft (Which It Came From) -- Spreads Patents to Manifest a Lot of Lawsuits

    That worrisome strategy which is passage of patents to active (legally-aggressive) trolls seems to be a commonality, seen across both Microsoft and its biggest ally among trolls, which Microsoft and Bill Gates helped create and still fund



  19. What the Patent Microcosm is Saying About the EPO and the UPC

    Response to 3 law firms and today's output from them, which serves to inform or misinform the European public at times of Big Lies and fog of (patent) war, revealing the true nature of 21st century asymmetric patent warfare and lobbying



  20. Tough Day for the EPO's Media/Press/PR Team, Trying 'Damage Control' After Important Techrights Publications

    In an effort to save face and regain a sense of legitimacy the EPO publishes various things belatedly, and only after Techrights made these things publicly known and widely discussed



  21. Links 21/3/2017: PyPy Releases, Radeon RX Vega, Eileen Evans at Linux Foundation

    Links for the day



  22. In IAM, Asian Courts That Deliver Justice Are “Unfriendly” and Asian Patent Trolls Are Desirable

    Rebuttal or response to the latest pieces from IAM, which keeps promoting a culture of litigation rather than sharing, collaboration, negotiation, and open innovation



  23. At EPO “I Have the Feeling That Lowering Quality is Part of a Concerted Plan.”

    Growing concern about patent quality at the EPO -- a subject which causes managers to get rather nervous -- is now an issue at the forefront



  24. EPO Reduces the World to Just Seven Nations to Bolster an Illusion of Growing 'Demand' for European Patents

    The unscientific -- if not antiscientific -- attitude of the European Patent Office (EPO) continues to show with the arrival of yet more misleading 'infographics' (disinfographics would be a more suitable term)



  25. Letter to Angela Merkel Expresses Concerns About Impact of EPO Scandals on Germany and Its Image

    Dr. Angela Merkel, arguably the most powerful woman in the world, is being warned about the consequences of Germany ignoring (and hence facilitating) the abuses of Benoît Battistelli



  26. EPO Caricature: Low Patent Quality Not an Achievement

    A new cartoon about the legacy of Battistelli, which ruins both inventors and staff (examination) while handing money to abusers



  27. Are Lithuania and Latvia the Latest Additions to the List of Benoît Battistelli's Vassal States?

    Benoît Battistelli's 'back room' deals came at an interesting, strategic time and the Office uncharacteristically kept quiet about these



  28. Links 20/3/2017: Linux 4.11 RC3, OpenSSH 7.5 Released

    Links for the day



  29. Supposedly 'Pampered' Prisoners Are Still Prisoners of the EPO

    Response to those gross and familiar attempts to portray patent examiners, not politicians who trample all over them, as the cause of all the problems at the EPO



  30. Insulting Reversal of Narratives at the EPO: Team Battistelli as the Victim

    At times of great oppression against staff, in clear defiance of the law in fact, journalists are being asked (or expected) to view the oppressor as the victim, even when this oppressor drives people to suicide


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