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

05.11.13

While New Zealand (NZ) Stomps on Software Patents High US Court Helps Legitimise Them, Again

Posted in America, Patents at 2:37 am by Dr. Roy Schestowitz

Corporations-run nation cannot listen to the wisdom of citizens-run nation

Statue of wisdom

Summary: In disappointing news from CAFC, which helped make software patents the monster they have become in the United States (and only in the United States, deviating from much of the world), there is further legitimisation of this root problem, whereas NZ does the very opposite

WHETHER software patents in New Zealand have officially been destroyed may definitely be a subject of active debate (we wrote about it twice already), but de-legitimisation of software patents is certainly achieved and the NZ press still plays along [1, 2, 3], making software patents look very bad. Patent lawyers are hardly quoted in NZ articles and multinational corporations like IBM and Microsoft seem to have fled from the scene, having lobbied heavily to legitimise software patents in NZ (unbelievable overreach not just by corporations but by foreign corporations). As Alan Lord put it the other day, “Sanity in #NewZealand. Gov says NO to #swpats [software patents] … When is the USA going to wake up and smell the coffee?”

“Patent lawyers are hardly quoted in NZ articles and multinational corporations like IBM and Microsoft seem to have fled from the scene, having lobbied heavily to legitimise software patents in NZ (unbelievable overreach not just by corporations but by foreign corporations).”The rude patent boosting site (patent lawyers) say “New Zealand has not abolished software patents”, but this is more spin than truth. Being IAM ‘magazine’, they always try to discredit software patents-hostile sources and instead push the pro-software patents line.

Meanwhile, teaches us Reuters in some breaking news (overnight), the United States has done nothing like NZ, in spite of having another opportunity. The headline says that the “U.S. appeals court issues divided ruling in software patent case” and the opening paragraph names the Australian company Alice Corp: “A federal appeals court on Friday ruled that Australia’s Alice Corp does not hold valid patents on a computerized trading platform, but it remained unclear how the decision would affect other software patents.

“The software industry had been watching the case for a clue to legal protection of intellectual property rights that generate much of the sector’s profits. But the U.S. Federal Circuit Court of Appeals failed to reach a consensus on how to determine what software is patentable.”

As TechDirt put it, “10 Judges, 135 Pages Of Ruling About Software Patents… And Zero Clarification”. It says that CAFC “has quite the reputation for mucking up rulings concerning patents over the years. In fact, there’s a strong argument to be made that CAFC is a key reason that our patent system is so screwed up today. So, leave it to CAFC to issue one of the most bizarre and useless rulings ever concerning software patents. The specific case is CLS Bank v. Alice Corp, and we had noted this was a chance for CAFC to actually fix the software patents problem, though the oral hearings suggested a very conflicted court, and that’s certainly what came out in the ruling. Or, rather, I should say: rulings.”

“There are seven (count ‘em) different opinions issued in the document,” the site says, “none of them meaning anything, because none of them — other than that one paragraph above, have more than the majority in agreement.”

Masnick notes that “basically, all of this means nothing. It doesn’t help to wipe out or clarify software patents at all. It doesn’t really help anyone. It probably doesn’t make anyone on any side of this issue happy. It just leads to more confusion.

“However, as Julie Samuels at the EFF notes, hopefully this will help make it clear to the Supreme Court that it finally needs to issue a clear ruling on software patents, after completely punting the last time it had a chance.”

“We wrote about CAFC before and we also wrote about SCOTUS, noting its role in perpetuating software patents in the US. Both rule favourably towards software patents, perhaps due to influence from large corporations.”Julie Samuels says “It’s Time [for SCOTUS] to Take Up Software Patents (Again)”

We wrote about CAFC before and we also wrote about SCOTUS, noting its role in perpetuating software patents in the US. Both rule favourably towards software patents, perhaps due to influence from large corporations. Just look who the administration appoints to run the patent system and the courts.

Surprisingly (or not), it was a law professor who actually said the ruling was favourable to weakening of software patents. This contradicts somewhat other reports we can locate at this stage (this is fresh news).

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 20/8/2014: Linux Event, GNOME Milestone

    Links for the day



  2. Corruption Watch: Microsoft Lobbying Designed to Kill Chile's Free Software Policy and Promote Microsoft With Subsidies, More Dirty Tricks Emerge in Munich

    icrosoft is systematically attacking migrations to GNU, Linux and Free software, using dirty tricks, as always



  3. Vista 8 Such a Disaster That Even Microsoft Cannot Cope With It, Vapourware Tactics Start Early

    Microsoft's Windows-powered services are failing and Windows gets bricked by Microsoft patches, whereupon we are seeing yet more of Microsoft's vapourware tactics (focusing in imaginary, non-existent versions of Windows)



  4. On BlackBerry and Other Patent Trolls

    A roundup regarding patent trolls, starting with the bigger and latest joiner, BlackBerry's new patents apparatus



  5. Links 19/8/2014: Humble Jumbo Bundle 2 Betrayal, Mercedes-Benz Runs GNU/Linux

    Links for the day



  6. BlackBerry -- Like Microsoft Nokia -- Could be the Next Patent Proxy Troll

    BlackBerry is restructuring for patent assertion (i.e. trolling) in the wake of some alliances with Microsoft



  7. After Microsoft's Soft Bribe Some Non-Technical Deputy Does Not Like Free Software, Microsoft-Linked Media Responds to This Non-News by Making Bogus Claims of Munich Leaving GNU/Linux (Updated)

    The subversive forces that have secretly been attacking Munich over its migration to GNU/Linux (Microsoft press, Gartner, and even HP) are back to doing it while China and Russia follow Munich's lead



  8. Gates Foundation CFO Quits and Debate About Revolving Doors Recalled Amid Systematic and Shrewd Bribery of Public Officials

    More officials step out of the Gates Foundation and their destination is not known yet; Gates continues to corrupt the public sector with his money so as to increase personal gain at taxpayers' expense



  9. Links 19/8/2014: GNU/Linux Raves and Alternative to Proprietary Voice Chat

    Links for the day



  10. Links 18/8/2014: Linux 3.17 RC1, Escalation in Ferguson

    Links for the day



  11. Gartner Group Advocates Using Defective Software With Back Doors

    Despite strong evidence that Microsoft has been complicit in illegal surveillance, Gartner continues to recommend the use of Windows and other espionage-ready Microsoft software



  12. The Microsoft Patent Trolls: Android Extortion, Vringo Versus Google, and Intellectual Ventures

    Roundup of news about patent aggression by Microsoft and some of its proxies



  13. Links 16/8/2014: Microsoft Linux, US Government Turns to Free Software

    Links for the day



  14. Links 15/8/2014: Reiser4 in Headlines Again, GNOME and KDE Events Finish

    Links for the day



  15. Links 14/8/2014: Kernel Summit Coming, KMix on KDE Frameworks 5

    Links for the day



  16. Shameless Microsoft Spin is Blaming China for Microsoft's Misconduct and Back Doors While Justifying Massive Losses in Hardware (Made in China)

    A new look at how Microsoft-friendly media takes negative Microsoft news and turns that news into some kind of scandals where Microsoft is the victim



  17. Microsoft Spin in the Media Evokes 'New Microsoft' and New Back Doors

    Some new examples of Microsoft boosters rewriting history, characterising Microsoft as a FOSS champion, and generally weak/shallow reporting on Microsoft's audio/video surveillance software



  18. Links 13/8/2014: GNU/Linux as Winner, New Snowden Interview

    Links for the day



  19. Reader's Article: Skype Spying Reaches New Levels of Blatant

    Forced 'upgrades' of Skype give useds [sic.] of Skype more than they asked for



  20. The Problem is Software Patents (and Scope), Not Patent Trolls Who Abuse Them Just Like Large Corporations

    Reminder of the dangers of losing sight of the real patent problem, which is the patents themselves, not necessarily those who use them



  21. Fraud in the USPTO and CAFC Helped Apple Launch Frivolous Patent Lawsuits Against Linux/Android, Based on New Withdrawals

    Inherent corruption in the US system has aided Apple's assault on east Asian electronics giants that use Linux at the core of their products



  22. Investigation Reveals That USPTO is Corrupt, Time to Abolish It or Annul Nearly a Million Patents

    Corruption is found at the heart of the USPTO and the USPTO works hard to hide it, despite attempt by whistleblowers to bring this corruption to light



  23. Links 13/8/2014: Red Hat Enterprise Linux 6.6 Beta, Tizen in Watches

    Links for the day



  24. Links 12/8/2014: Chromebooks Surge, OpenGL in the Headlines

    Links for the day



  25. Bill Gates is Profiting By Diverting Public Money to His Own Pocket and Reducing Wages

    Gates' lobbying for companies he is an investor of and for lower salaries inside companies he is investing in (and managing) comes as no surprise



  26. Microsoft is Still Attacking Open Standards, So Khronos Does Not Need the Microsoft Moles

    Having attacked the industry's document standard OpenDocument Format (ODF) while pretending to have 'embraced' ODF Microsoft is now pretending that it is eager to support OpenGL



  27. Another Depressing Look at the Patent Systems in the US and in Europe

    A roundup of news about patent monopolies and in particular the immense power wielded by giant multi-national corporations that steer the debate and acquire trans-Atlantic monopolies on ideas, always against citizens' interests



  28. Links 11/8/2014: DEFT 8.2, Linux Mint on Debian Stable

    Links for the day



  29. Links 9/8/2014: Knoppix 7.4.0, GNU Linux Libre 3.16

    Links for the day



  30. Links 8/8/2014: Qt a Separate Company Again, KDE Frameworks 5.1 Released

    Links for the day


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