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

04.19.13

Electronic Frontier Foundation, Google, Red Hat et al. Should Work to Eliminate Software Patents, Not Just Patent Trolls

Posted in EFF, Google, Patents, Red Hat at 5:50 am by Dr. Roy Schestowitz

Daniel Nazer

Summary: A look at the strategy of prominent GNU/Linux backers (plus the EFF) and criticism for the shortcomings

Oscure blogger Dietrich Schmitz, who is only starting to learn what Linux advocacy is, realises that patents are a major issue for Linux and GNU. Red Hat et al. recently filed a complaint over it and Pamela Jones has some coverage of this. She writes:

Joe Mullin at ars technica has the welcome news that the FTC is thinking about using subpoena powers to investigate patent trolls, such as Intellectual Venture. He mentions that Google, Red Hat, Blackberry and Earthlink just sent some comments [PDF] to the FTC and the Department of Justice asking for an investigation into what they politely call patent assertion entities, or PAEs. So have the Computer and Communications Industry Association [Comments, PDF] and the National Restaurant Association [Comments, PDF] also asked for such scrutiny.

But the most important part of the Google et al. request, to me, hasn’t yet been highlighted in the media reports I’ve seen. What they are asking for is not just an investigation into trolls, but into active companies outsourcing their patent enforcement *to* PAEs. And what they are asking for is whether such activities in some instances can rise to the level of antitrust violations.

That is something I’ve wondered about for a while — why didn’t regulatory bodies see what is happening to Android, for example, with all the old guard working apparently together to try to crush it? One thing that Microsoft and Nokia have done, for example, is outsource patent enforcement to MOSAID and other patent enforcement-style non-practicing entities. (If you recall, Google filed a compliant specifically about that with the EU Commission last summer.) The new comments call the new outsourcing to trolls patent privateering, which they say is designed for assymetric patent warfare — meaning the defendant’s business is at stake, but the outsourcing company’s business isn’t, and the troll has nothing to lose, because it has no business.

Daniel Nazer, writing about “patents for open innovation” (he is a Staff Attorney on the Electronic Frontier Foundation’s intellectual property team, focusing on patent reform) adds his support to Google, which in turn does not go far enough. To quote a new article:

Finally, Google has some other suggestions for improving patent quality. It thinks that prior art needs to be more easily searchable, which it thinks could make things easier for examiners and reduce the number of invalid patent claims from being issued. It also recommends better standardization of terminology, which it thinks will both make it easier to search for prior art and help reduce the amount of litigation by clarifying an invention’s scope. But while it stopped short of supporting the EFF’s position that software patents ought to include working code, it thinks it’s worth discussing a requirement to include pseudo-code, although it warns that the idea could be unwieldy without a standardized format.

Last month, Google made a pledge to refrain from suing developers, distributors, and users of open source software that infringe on its software patents unless it’s attacked first, decrying the roughly $25 billion that patent trolls are gleaning annually with software patent litigation. It’s clear that the Patent and Trademark Office really does want to be seen as a promoter of innovation — now that the deadline has passed for public comment submission, we’ll have to see which, if any, of the many suggestions it will implement.

Google should work to abolish software patents, not large trolls. We said this years ago. What Google is doing about patents could be vastly improved. We said the same about Red Hat, many times in fact. They all do what’s right for their shareholders, but not for society; they don’t deem it their responsibility.

Over the years I have urged Google (also via E-mail to its manager) to start fighting against software patents rather than reform them. Posts on the subject include the following dozen:

Gérald Sédrati-Dinet, the leading opponent of the Unitary Patent (threat of software patents in Europe), said this morning: “I’m very critical with EFF strategy wrt #swpats [software patents]: they should require their abolition, not bad half-solutions” [anything but abolition].

He is right. The EFF — like Google — has been pursuing the wrong solutions. We gave some examples and constructive criticism of their approach.

Never count on corporations to fix broken law for public interests. Remember CISPA? The law that has just been passed to allow the government to easily acquire private citizens’ data? Well, guess which side Google was on…

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 10/12/2016: KDE neon User LTS Edition, AsteroidOS in Headlines Again

    Links for the day



  2. “Corrupt Benoît Battistelli and Željko Topić Today in Zagreb at 25th Anniversary of SIPO Croatia”

    Shortly after Željko Topić lost his court case for the third time (over allegations of corruption at SIPO), his EPO boss Benoît Battistelli joins SIPO celebrations



  3. The US Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB) Maintains High Pace of Patent Invalidation, in Spite of Appeals to CAFC

    The Court of Appeals for the Federal Circuit (CAFC), i.e. the court system, has become the last resort of serial litigators, as the PTAB gets in their way more and more often following AIA and Alice



  4. Good Luck to the US Supreme Court in Eliminating a Supremely Unjust Misuse of Patent Law

    In an important upcoming patent case, gross abuse of patent laws for the support of dubious business models can finally be tackled



  5. EPO Protest This Coming Wednesday Strives to Restore the Rule of Law and Freedom of Speech at the Office

    The level of autocracy at the European Patent Organisation, an institution which has effectively positioned itself above the law with Battistelli and his minions in charge of the Office, faces growing backlash from staff



  6. The EPO is Collapsing. Attacks on Journalists, Interns as Staff, Patents on Plants, and Bureaucratic Red Tape...

    A look at some of the latest issues surrounding the European Patent Office, whose insistence on denying the problems and instead attacking those who bring up legitimate concerns, will spell its doom



  7. Ignore the Bristows UPC Echo Chamber, the UPC is Not Happening

    Response to some of the latest UPC promotion, courtesy of some of the usual suspects, who stand to benefit financially if the UPC ever becomes a reality



  8. British Media Slams Battistelli for Attempting to Cover Up 2 Years of Juridical Abuses With Help From the Administrative Council of the EPO

    A growing voice of concern about the integrity of the European Patent Organisation, whose management appears to be in cahoots (overseers/regulators included) so as to cover up its own serious abuses



  9. Boards of Appeal Still Under Attack From Team Battistelli While the EPO Proceeds to Granting Patents on Carlsberg BEER!

    The lunacy of the EPO with its patent maximalism will likely go unchecked (and uncorrected) if Battistelli gets his way and turns the EPO into another SIPO (Croatian in the human rights sense and Chinese in the quality sense)



  10. Memo “Deliberately Leaked to Cover up the UPC” With Its Many Associated Issues Amid Brexit

    Some eye-opening updates about the awkward move from Lucy Neville-Rolfe, who made promises (expression of intent) she can neither fulfill nor justify to the British public



  11. Links 8/12/2016: Korora GNU/Linux 25, SparkyLinux 4.5.1

    Links for the day



  12. Links 7/12/2016: ROSA Desktop Fresh R8 Plasma 5, Ubuntu Touch OTA-14

    Links for the day



  13. The UPC Scam Part VII: A Fine Mess in the Making, as Nothing Can be Made of It Amid/After Brexit

    The final part in this multi-part series about UPC, which cannot be implemented in the UK as long as Brexit is on the agenda



  14. The UPC Scam Part VI: The Real Story Which People Missed Due to Puff Pieces Seeded by Battistelli-Bribed Media is That UPC Technically Cannot Come to the UK

    Another long installment in a multi-part series about UPC at times of post-truth Battistelli-led EPO, which pays the media to repeat the lies and pretend that the UPC is inevitable so as to compel politicians to welcome it regardless of desirability and practicability



  15. EPO Spiraling Down the Drain as Experienced Examiners and Judges Are Seemingly Being Replaced by Interns

    Implementing yet more of his terrible ideas and so-called 'reforms', Battistelli seems to be racing to the bottom of everything (patent quality, staff experience, labour rights, working conditions, access to justice etc.)



  16. A Lot of News From the Supreme Court (SCOTUS) Today, With Some Important Decisions on Patents Coming Soon

    A roundup of today's outcomes from the US Supreme Court, which intends to review and decide on important patent cases



  17. In Historic Blow to Design Patents, Apple Loses to Samsung at the Supreme Court

    A $399 million judgment against Android devices from Samsung, with potential implications for other Android OEMs, is rejected by SCOTUS



  18. Good Riddance. Ray Niro is Dead.

    The infamous father of patent trolling is dead, so we need to remember his real legacy rather than rewrite his history to appease his rich relatives (enriched by destroying real companies)



  19. EPO Suicides Greater in Number Than is Widely Reported, Unjust System a Contributor to These

    The horrible regime of Benoît Battistelli has an enormous human toll (fatalities), far greater than the Office is willing to publicly acknowledge



  20. Lobbying Disguised as 'Reporting' by the Patent Microcosm, Which Wants More Patents and More Lawsuits (Lawyers Needed)

    A rebuttal to some new articles about patents, especially those that strive to increase patent-related activities (usually for personal gain)



  21. USPTO Echo Chamber That Lacks Actual Software Professionals Deciding on Patentability of Software

    A look at yesterday's "Roundtable on Patent Subject Matter Eligibility," which lacked involvement from those actually affected by patents rather than those who sell, trade, and exploit these



  22. More Examples of Microsoft and Its Patent Trolls Taxing Linux, Even After Microsoft 'Joined' (Paid) the Linux Foundation

    A quick look at the past week's news and clues about Microsoft's (and its broad army of patent trolls) strategy for taxing Linux, or imposing bundling at zero cost (to Microsoft)



  23. Heiko Maas, the SPD “Cash for Access” Affair, and Suspicions of Unwarranted Censorship at IP Kat (Again)

    Unsayable views or just a glitch? Readers of IP Kat express concern about a culture of censorship at IP Kat



  24. Endgame for Battistelli at the European Patent Office (EPO)

    Battistelli turns bad into worse by spitting on the very notion of accepting justice (from the highest court in The Hague or even the UN in this case)



  25. Les Échos Chamber: Having Corrupted the Media (With EPO Money), Battistelli Now Uses It for More UPC Propaganda

    The lies about the Unitary Patent are now being broadcast (Battistelli given the platform) by the publication that Battistelli pays



  26. Rumour: EPO in Berlin the Next Casualty of Battistelli's 'Reform' (Organisational Suicide Plan)

    Months after we learned that a former staff representative in Berlin had been dismissed we come across an anonymous claim that Berlin's 'branch' of the EPO will be folded onto Munich's



  27. Caricature: the Maas App

    The failure of Maas to even bother with regulation of Battistelli (among others) earns him this cartoon



  28. Links 5/12/2016: Linux 4.9 RC 8, DeepMind as FOSS

    Links for the day



  29. Leaked: Battistelli Acknowledges Bunk 'Justice' in About 100 Cases at the Internal Appeals Committee of the EPO

    A look at Battistelli's response to the latest from the International Labour Organisation (ILO), exceptionally delivering two decisions at the very end of last month



  30. The UPC Scam Part V: Unitary Patent Regime a Fantasy of Patent Trolls

    "Good for trolls" is a good way to sum up the Unitary Patent, which would give litigators plenty of business (defendants and plaintiffs, plus commissions on high claims of damages) if it ever became a reality


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