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

06.14.13

As the Battle to Legitimise Software Patents in New Zealand and Europe Carries on, New Systemic Corruption Found

Posted in Europe, Patents at 4:59 am by Dr. Roy Schestowitz

French politics
Image by Alain Fontaine

Summary: A roundup of stories from battlegrounds for software patents “as such”

Over the years we wrote quite a lot (relative to the size of the nation) about software patents in New Zealand, where patent lawyers have been fighting/waging their PR war against software developers; local lawyers fought alongside companies like IBM and Microsoft with their lobbyists (other lawyers). Some firm called “Shelston IP” continues this PR war (warping public perception) in Lexology by advancing the pro-software patents stance. To quote:

In? Out? Either way, talk of software patents has dominated discussion of the New Zealand Patents Bill for several years, causing unfortunate delay for a much needed update to New Zealand patent law. However, resolution may be on the horizon. Following fierce lobbying by many in the New Zealand IT sector, the Government has announced a new proposed amendment to the Bill, hailed by some as an effective end to software patents in New Zealand. The reality? Unsurprisingly perhaps, much less clear cut.

[...]

n the latest development, the Government has proposed a new replacement provision, which keeps a prohibition on patents for computer programs “as such”, but includes two further clarifying principles. Firstly, a claim in a patent (or application) relates to a computer program as such, if the actual contribution made by the alleged invention lies solely in it being a computer program. Secondly, a series of factors are set out, which must be taken into account in identifying the actual contribution made by the alleged invention. Therefore it is the nature of the “actual contribution” which the invention makes to the existing art which will be the touchstone for determining patentability. If such contribution arises solely from a computer program, it will not be patentable. If the contribution is judged to arise from another aspect of the invention, it will be patentable.

[...]

At a commercial level, the decision to take a significantly narrower path in New Zealand than in Australia, may have real implications for New Zealand software developers who find that software which does not infringe any New Zealand patents, may infringe Australian patents when marketed there. We may also find that over time, the much debated question of whether software patents stifle or encourage innovation, is answered by a geographical shift in the Australasian industry, one way or the other.

Factually (barring omissions) there is something to it, but it is biased for being too selective. The reality is, software patents were explicitly demoted in this island this year [1, 2, 3].

Microsoft-friendly companies like Centrify can carry on boasting their Microsoft-taxed products (Active Directory patents) and try to sell them in places where software patents are not legitimate, hoping the public will not recognise the injustice. This a FRAND-type loophole. See the TomTom case involving FAT patents in Europe, where the “as such” loophole still exists (albeit under fire). European patents may use FAT patent legitimisation in Germany (where some silly politicians still do their thing this week) although it is now a dubious patent.

Over in Germany right now, Jimmy Schulz is doing fine work to extinguish software patents and the FSFE has this update in English:

Tens of thousands of software patents in Germany and Europe present enormous cost and liability risks, especially for SMEs. Several German SME associations welcomed the Parliament’s decision. However they warn against giving all the responsibility to Brussels, as the EU has been consistently incapable of providing software developers with legal certainty. “Germany now has to implement this decision in law, to send a strong signal towards Brussels,” says Johannes Sommer of BIKT, one of the associations.

At an expert meeting in the Parliament on 13th May, in which FSFE also participated, industry associations BIKT and BITMi proposed changes to German copyright and patent law. These proposals would also affect software patents which have already been granted. The first proposal is to add a “protective shield” clause to German copyright law , introducing a blanket ban on the enforcement of patent claims with regard to software. The second proposal to be implemented in German patent law makes sure that the effect of patent claims shall not extend to works protected independently by copyright. Both proposals would prevent that patents on software can be enforced against software developers. The FSFE supports both proposals.

“Matthias Kirschner, of the free software federation said the move is an important step to fix the software patent insanity,”says one news site. Thom Holwerda covered that as well.

Recently, one route to legitimising software patents has been the unitary patent. Spain was blackmailed for the unitary patent and there was a lot of apparent corruption in the attempt to ruin policy against software patents in Europe

According to this curious update, the swindle goes round:

Action brought by Spain against the Regulation on the unitary patent calls the judiciary character of the Boards of Appeal of the EPO into question.

My letter to them hardly made a difference.

Based on this link from Gérald Sédrati-Dinet (April, source), the “#CJEU interpreting UPC shows that #EU has exclusive competence over #UPC (unitary patent court) which is then illegal”

There are other conflicts [FR, EN] revealing entryism of sorts. To quote, “don’t forget: presented by a senator @SenateurRYung who was a former director at EPO” (the EPO is corruptible).

Richard Yung is one of the politicians who come from the patent system, then doing the lobbying (we covered other examples. As put here, “to be sure, Senator Young is a former director of EPO”

“I predict that the Bundestag request against software patents will be ignored, and that they will vote for Unipat [unitary patent] instead”
      –Benjamin Henrion
Dan Gillmor incorrectly says here in The Guardian that software patents are in a state that they’re not in. He is corrected with the statement: “Europe is unfortunately far away from excluding Software Patents” (just not endorsing them). The FFII’s president, Benjamin Henrion, says: “I predict that the Bundestag request against software patents will be ignored, and that they will vote for Unipat [unitary patent] instead #backdoor”

When even companies that pretend to like FOSS are collecting software patents we remain stuck between large American corporations that spy on us and gain monopolies on algorithms. It is a sad state of affairs, but that’s just where we are.

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. The EPO Is More Corrupt Under Battistelli Than Under Alison Brimelow: Part IIX

    After Brimelow, with all her flaws and her scandals, an even worse President is installed who then abolishes oversight and seemingly brings his old friends to the EPO, creating a sort of subculture that is impenetrable to outsiders



  2. Claiming That Microsoft 'Loves' Linux While Windows Update Bricks Devices With Linux

    The sheer absurdity of claims that Microsoft -- which not only attacks those who distribute Linux and GNU but also blackmails them, takes them to court, or bricks their products without any liability -- 'loves' Linux



  3. Protectionist Reign: Corporations in Complete Control of Everything With Domination Over Patent Law

    How multinational corporations, joined by the corporate press that they are funding, promote a corporations- but not people-friendly patent policy in north America



  4. Links 30/10/2014: GNOME 3.15.1, Red Hat Software Collections 1.2

    Links for the day



  5. Links 29/10/2014: Ubuntu Touch Tablet, Puppy Linux 6.0

    Links for the day



  6. Links 28/10/2014: SUSE Linux Enterprise 12, Canonical OpenStack Distro

    Links for the day



  7. Links 28/10/2014: PiFxOS, The Document Foundation in OSBA

    Links for the day



  8. Microsoft is Bricking Devices With Linux (Yet Again!), So a Microsoft Booster Spins/Paints Linux Devices as 'Fakes'

    Microsoft delivers rogue drivers through Windows Update and they brick Arduino microcontrollers



  9. How Bill Gates Continues to Pass Wealth From the Public to His Own Bank Account

    Having put a universal tax on many things (not just computers) and evaded tax using the classic 'charity' trick, Gates is now buying the media, the schools, politicians etc. and earns as much as 10 billion dollars per year while the public is taught that Gates is a giver, not a hoarder of the worst kind



  10. Links 27/10/2014: Lenovo Unbundling, Linux 3.18 RC2

    Links for the day



  11. IRC Proceedings: September 14th, 2014 – October 25th, 2014

    Many IRC logs



  12. Links 25/10/2014: KDE Mockups, Update on GNOME Outreach Program for Women

    Links for the day



  13. After Infecting Unity -- Successfully -- Microsoft's Partner Xamarin Wants to Infect Unreal Engine With .NET

    Xamarin continues to spread dependence on Microsoft to more gaming frameworks, not just platforms such as GNU/Linux, Android, and even permanent-state devices



  14. Taking Microsoft Windows Off the Grid for Damage to Businesses, the Internet, and Banking Systems

    Microsoft's insecure-by-design software is causing massive damages ([cref 27802 possibly trillions] of [cref 13992 dollars in damages to date]) and yet the corporate press does not ask the right questions, let alone suggest a ban on Microsoft software



  15. City of Berlin Does Not Abandon Free Software, It's Only Tax Authorities

    A Softpedia report that says the City of Berlin is moving to Microsoft Office is flawed and may be based on a poor translation



  16. Nadella a Liar in Chief at Microsoft, Pretending That His Anti-Competitive Practices Are Unfortunately Imposed on Microsoft

    The nastiness of Microsoft knows no bounds as even its assault on GNU/Linux and dirty tricks against Free software adoption are characterised as the fault of 'pirates'



  17. Reuters Writes About the Demise of Software Patents, But Focuses on 'Trolls' and Quotes Lawyers

    How the corporate media chooses to cover the invalidity of many software patents and the effect of that



  18. Links 24/10/2014: Microsoft Tax Axed in Italy, Google's Linux (ChromeOS/Android) Leader Promoted

    Links for the day



  19. Links 24/10/2014: GNU/Linux History, Fedora Delay

    Links for the day



  20. Links 23/10/2014: New *buntu, Benchmarks

    Links for the day



  21. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  22. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  23. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  24. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  25. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  26. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  27. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  28. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  29. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents



  30. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests


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