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

05.14.13

Software Patents Reality Distortion Field

Posted in America, Europe, Patents at 2:45 pm by Dr. Roy Schestowitz

Media coverup allegedly helps shelter the train wreck which is software patents

Train

Summary: How press coverage of software patents in the EU and New Zealand (NZ) varies depending on the source; allegations that the US press tries to dismiss end of software patents by twisting an outcome of a major trial

THE EU, NZ, and the US: are software patents actually really banned there? It’s all about perspective, or so we may be led to think by the corporate press.

Europe

First of all, software patents in Europe are not an impossibility due to the “as such” loophole. As software patents continue to creep into the continent the German government steps in to stop the potentially illegal practice. “Siemens tried to enforce a software patent against a German webshop owner in 2007 http://ur1.ca/du5ku #swpat threat in Europe is real,” writes the FSFE’s founder, Georg C. F. Greve. The FSFE has just published a “response to German Parliament on #swpat ur1.ca/dtypk (German) Today @kirschner in Parliament hearing #endswpat” (here it is from the current head of the FSFE).

New Zealand

In Europe, the loophole which facilitates software patenting is virtually the same as in New Zealand, where software patents are still possible albeit officially denounced (we wrote about it twice before).

The patent lawyers’ sites which are more inflammatory (yes, IAM again) deny that software patents are banned in NZ and the NZ press focuses on domestic reactions like this one (ignore US press to dodge talking points of US-based corporations). One NZ-based site (not US site with NZ localised version like IDG’s) says: “The Government has announced a change to planned new patent rules today which has put an end to fears that computer software might be covered by new patent protection.”

There are “no patents on computer program “as such”,” says one person who is familiar with these matters. It’s not perfect, “but better than nothing,” says Glyn Moody ‏ in Twitter. Here is some other coverage of interest. NZ is in the same position that Europe is in. Software patents are not “officially” legal, but in practice one can get them anyway, defying the law using loopholes (characterising software as an inseparable part of a general-purpose, programmable computing device).

United States

Over in the US, the corporate-dominated USPTO, SCOTUS and even CAFC (to a lesser degree) call the shots. These people don’t know how to use computers or program them. They know just the very basics. As one person puts it: “Out of touch Fed Circuit judges? Two are over age 75. None under 60. I’m guessing none ever wrote a line of code, or use Instagram.”

Another says: “Computers Compute i.e. do Maths. Maths isn’t patentable therefore Software shouldn’t be patentable – Simple”

And moreover from the same person: “Surely it can’t be difficult for the Patent Office to recognize that a Computer Computes Maths; says what it does in the name :(”

Lastly: “The problem with most lawyers IMO is that they don’t have a clue about Programming & think it’s all Innovative when it’s not”

So the US press has been trying to decipher or spin the CAFC’s latest decision on this subject. Will Hill writes: “No matter what happens, the Microsoft press will say the results are unclear or favor software patents. Bilski seemed to be a rejection of software patents.”

Here is Crouch’s response, which we cited before. He insinuates that many but not all software patents may be dead given this decision and some allege that all software patents are dead in the US now. Another legal site calls it a “nightmare”. The business press dismisses this as a game changer. We wrote about it twice before, initially calling this a missed opportunity to reform the system. The British press is more optimistic than that, insinuating that software patents died in the US. Compare that to US news sites with headlines like “Mixed Ruling In Software Patent Case Raises More Questions Than Answers” (prevalent headline) and Australian perspective which focuses on the Australian company. A fairly independent US-based site summarised it all as follows: “Ten judges, seven opinions, 135 pages, zero legal precedent.”

Not everyone agrees. Rupert Murdoch’s influential corporate press continues to entertain this discussion in comments and polls at WSJ. Its coverage of the trial came under the headline “Long-Awaited Patent Ruling Yields Few Answers” (prevalent talking point in US sites).

Meanwhile, report some Russian journalists: “The United States Supreme Court ruled Monday in favor of biotech giant Monsanto, closing the door on a patent case that has pitted a smalltime farmer from Indiana against a titan of the agriculture industry.”

The US report was quick to dismiss claims that this may be applicable to software (here is AOL). The SCOTUS almost always rules in favour of large corporations. Justices are appointed by politicians that those corporations are bribing.

In the post “Diagnosis From USA Federal Circuit – Software Patents Are Sick” Canadian blogger Robert Pogson alleges software parents were crushed. He adds: “Isn’t that a hoot? Can you hear the patent-FUD rushing out of M$’s collapsing balloon? Can you hear the “partners” who have signed up to pay M$ per Android/Linux smart thingy calling their lawyers and accountants? Can you see the small cheap computers becoming even less expensive? I can.”

Who can be trusted? Legal sites that say software patents are affected (completely dead or partially dead) or corporate press which almost uniformly argues that there is no change whatsoever? The confusion or the mixes signals sure serve the status quo.

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. With UPC Dead for Battistelli's Entire Remaining Term, No Reason for the EPO or the Administrative Council to Keep Battistelli Around

    Thoughts about what happens to the EPO's leadership after 'Brexit' (British exit from the EU), which severely undermines Battistelli's biggest project that he habitually used to justify his incredible abuses



  2. Links 24/6/2016: Xen Project 4.7, Cinnamon 3.0.6

    Links for the day



  3. Benoît Battistelli Should Resign in Light of New Leak of Decision in His Vendetta Against Truth-Telling Judge (Updated)

    Benoît Battistelli continues to break the EPO's own rules, not just national laws, as a new decision helps reveal



  4. Fake Patents on Software From Fake Australian 'Inventor' of Bitcoin and the Globally-Contagious Nature of EPO Patent Scope

    News from Australia regarding software patents that should not be granted and how patent lawyers from Australia rely on European patent law (EPO and UK-IPO) for guidance on patent scope



  5. Patent Lawyers Love (and Amplify) Halo and Enfish, Omit or Dismiss Cuozzo and Alice

    By misinterpreting the current situation with respect to software patents and misusing terms like "innovation" patent lawyers and others in the patent microcosm hope to convince the public (or potential clients) that nothing in effect has changed and software patents are all fine and dandy



  6. Looks Increasingly Plausible That Battistelli is Covering up Bogus and/or Illegally-Obtained 'Evidence' From the EPO's Investigative Unit

    Why we believe that Benoît Battistelli is growingly desperate to hide evidence of rogue evidence-collecting operations which eventually landed himself -- not the accused -- in a catastrophic situation that can force his resignation



  7. As Decision on the UK's EU Status Looms, EPO Deep in a Crisis of Patent Quality

    Chaotic situation at the EPO and potential changes in the UK cause a great deal of debate about the UPC, which threatens to put the whole or Europe at the mercy of patent trolls from abroad



  8. Another Demonstration by European Patent Office (EPO) Staff on Same Day as Administrative Council's Meeting

    SUEPO (staff union of the EPO) continues to organise staff actions against extraordinary injustice by Benoît Battistelli and his flunkies whom he gave top positions at the EPO



  9. Links 23/6/2016: Red Hat Results, Randa Stories

    Links for the day



  10. Interview With FOSSForce/All Things Free Tech

    New interview with Robin "Roblimo" Miller on behalf of FOSSForce



  11. Links 22/6/2016: PulseAudio 9.0, GNOME 3.21.3 Released

    Links for the day



  12. IP Europe's UPC Lobbying and the EPO Connection

    The loose but seemingly ever-growing connections between AstroTurfing groups like IP Europe (pretending to represent SMEs) and EPO staff which is lobbying-centric



  13. EPO “Recruitment of Brits is Down by 80%”

    Letter says that “recruitment of Brits is down by 80%” and "the EPO lost 7% of UK staff in one year"



  14. The Conspiracy of Patent Lawyers for UPC and Battistelli's Role in Preparing by Firing People

    The parasitic firms that lobby for the UPC and actually create it -- firms like those that pass money to Battistelli's EPO -- are doing exactly the opposite of what Europe needs



  15. Patent Lawyers, Having Lost Much of the Battle for Software Patents in the US, Resort to Harmful Measures and Spin

    A quick glance at how patent lawyers and their lobbyists/advocates have reacted to the latest decision from the US Supreme Court (Justice Breyer)



  16. Links 21/6/2016: Fedora 24 and Point Linux MATE 3.2 Officially Released

    Links for the day



  17. Supreme Court on Cuozzo v Lee Another Major Loss for Software Patents in the United States

    Much-anticipated decision on the Cuozzo v Lee case (at the highest possible level) serves to defend the appeal boards which are eliminating software patents by the thousands



  18. As Alice Turns Two, Bilski Blog Says 36,000 (Software) Patent Applications Have Been Rejected Thanks to It

    A look back at the legacy of Alice v CLS Bank and how it contributed to the demise of software patents in the United States, the birthplace of software patents



  19. EPO Self-Censorship by IP Kat or Just Censorship of Opinions That IP Kat Does Not Share/Accept (Updated)

    ree speech when it's needed the most (EPO scandals) needs to be respected; or why IP Kat shoots itself in the foot and helps the EPO's management by 'sanitising' comments



  20. Caricature: Bygmalion Patent Office

    The latest cartoon regarding Battistelli's European Patent Office



  21. Links 21/6/2016: GNU/Linux in China's HPC, Linux 4.7 RC4

    Links for the day



  22. Under Battistelli's Regime the EPO is a Lawless, Dark Place

    How the EPO's Investigative Unit (IU) and Control Risks Group (CRG), which is connected to the Stasi through Desa, made the EPO virtually indistinguishable from East Germany (coat of arms/emblem above)



  23. New Paper Demonstrates That Unitary Patent (UPC) is Little More Than a Conspiracy of Patent 'Professionals' and Their Self Interest

    Dr. Ingve Björn Stjerna's latest paper explains that the UPC “expert teams” are in fact not experts but people who are using the UPC as a Trojan horse by which to promote their business interests and corporate objectives



  24. Money Flying to Private Companies Without Tenders at Battistelli's EPO (by the Tens of Millions!)

    Extravagant and cushy contracts to the tune of tens of millions of Euros are being issued without public scrutiny and without opportunities to competition (few corporations easily score cushy EPO contracts while illusion of tendering persists -- for small jobs only)



  25. Patent Examiners and Insiders Acknowledge Profound Demise in Patent Quality Under Battistelli

    By lowering the quality of patents granted by the European Patent Office Battistelli hopes to create an illusion of success, where success is not measured properly and is assessed by biased firms which he finances



  26. Jericho Systems Threatens Alice, Court of Appeals for the Federal Circuit Threatens the Patent Trial and Appeal (PTAB)

    A look at the two latest threats to those who helped put an end to a lot of (if not most) software patents in the US



  27. How the Halo Electronics Case Helps Patent Trolls and How Publications Funded by Patent Trolls (IAM for Instance) Covered This

    A Supreme Court ruling on patents, its implications for software patent trolls, and how media that is promoting software patents and patent trolls covered it



  28. Patent Lawyers' Fantasy Land Where Software Patents Are Suddenly Resurrected Even When They're Not

    A quick glance at where the debate over software patents in the United States stands and how profiteers (such as patent lawyers) not only mislead the public but also bully the messengers



  29. Links 19/6/2016: Randa Over, Fedora 24 Release Soon

    Links for the day



  30. [ES] La Oficina Europea de Patentes de Battistelli Amplia su Contrato con el Nefasto FTI Consulting Para Neutralizar a los Medios, Desperdicia Millones de Euros

    Sacando a luz a lo que pasa con el presupuésto de la EPO y como es puesto “a trabajar” bajo la tiranía sin precedente de Battistelli (Eponia) justo en el corazón de Europa


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