Bonum Certa Men Certa

The GAO Report Calling for the End of Software Patents Already Being Misrepresented by Proponents of Software Patents

Michael Bloomberg
Net worth of $27 billion



Summary: 'Intellectual property' boosters like Bloomberg and proponents of the notion of "bad software patents" (implying some are "good") may still be rewriting the record while patents continue to limit competition, the real driver of innovation

The recent GAO study showed that Obama's patent reform is rather misguided. Bloomberg's press apparatus continues to misrepresent it. GAO speaks of "Software Patents", not "Questionable Software Patents" (which can mean a subset of them) and this is something that we see a lot of when it comes to sites that favour software patents. Here is how it's put in this case:



Questionable Software Patents Lead to More Lawsuits: GAO



Software patents are the biggest reason behind a rise in litigation over inventions, especially against companies that use the technology, the U.S. Government Accountability Office found.


So why the headline? It's clearly software patents that were blamed, so why rephrase it? Why not preserve the original message? Other lawyers too tried to paint the culprit as "bad patents", as we showed the other day. It is unlikely to be a coincidence, as some are funded by investors of trolls like Vringo.

Here is another new article from lawyers-friendy press. Citing an old ruling from CAFC, it once again tries to dismiss interpretations that said many software patents had died. The headline said that the Federal court is ‘foggy’ on patent software issues, even though -- as we showed at the time -- this is not quite the case. Patent lawyers' sites tried to control -- and successfully did so -- the corporate press. They made it seem like consensus said nothing had changed, even though a precedent was made that can invalidate hundreds of thousands of software patents, including some of the latest spooky ideas from Google (tracking users for 'security').

It is being noted right now that it is becoming hard to enter the market because of abundance of patents. As Against Monopoly put it:

The other day, the New York Times published instructions for aspiring inventors on how to take their inventions through the patent granting process and on to the retailers' shelves link here. The examples are a couple of aspiring inventors and describes the pitfalls, the costs, and a rough estimate of the likelihood of success.


Patent laws in the US -- like its Draconian copyright laws (see new example below) -- are certainly not helping the US economy. But it helps the ecosystem of lawyers, that's for sure. The problem is that they control the press on these matters and distort public opinion.

It is not unusual for patent law to be misrepresented by opportunists, exploiting ambiguity such as the phrase "as such" (in New Zealand and Europe) to make software patents possible while officially denying that's the case. Right now in India we see that happening, as a room for misinterpretation is left to legitimise software patents in India. Murdoch's press makes it look like software patents are now possible in India. To quote a new WSJ report (another billionaire's press):

Could the simple Latin phrase, per se, which translates as “in itself”, lead to confusion in verifying whether a computer-related invention deserves a patent or not? Some members of the $108 billion Indian information technology industry, intellectual property (IP) law firms and anti-patent lobby groups say it can.

The inclusion of some terms that are not defined by local laws in the government’s draft guidelines on patents for computer-related inventions (CRIs) leaves room for ambiguity and misinterpretation when examiners grant or reject such a patent, they say. The guidelines were released in early August.

The terms include ‘per se’, algorithm, hardware, firmware —and CRI itself.

CRI “has not been defined in any of the Indian statutes and is construed to mean, for the purpose of these guidelines, any invention which involves the use of computers, computer networks or other programmable apparatus and includes such inventions, one or more features of which are realized wholly or partially by means of a computer programme/programmes”, the Indian Patent Office (IPO) acknowledged in the draft guidelines, and called for feedback from industry stakeholders by 8 August.


Actually, India has been very clear on this subject. Software patents are not allowed.

Related/contextual items from the news:



  1. Larry Lessig Threatened With Copyright Infringement Over Clear Fair Use; Decides To Fight Back
    If you read Techdirt, you're almost certainly familiar with Larry Lessig, the law professor at Harvard who (among many other things) has been an avid advocate for copyright reform and campaign finance reform, an author of many books about copyright and creativity, a well-known public speaker whose presentations are stunningly compelling, entertaining and informative, and the founder of some important organizations including Creative Commons. Of course, as an expert on copyright and creativity, and someone who's actually been involved in some of the key copyright legal fights over the past decade (tragically, on the losing side), you might think that a record label would think twice before issuing a clearly bogus threat to sue him over copyright infringement. Well, apparently Liberation Music was either unaware of Lessig's reputation and knowledge, or just didn't care.




Recent Techrights' Posts

Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
 
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024
Russia develops an alternative to Android and iOS | News.az
Russia already has several of its own operating systems
Links 14/08/2024: Ecology and War Inside Russia
Links for the day
Daniel Pocock - Use of Technology in European Parliament Election Campaign (Public Talk)
It starts in 4 hours
Android About to Fly Past Windows in Portugal
Perhaps by month's end or next month Portugal will be orange (Android majority)
How OpenAI Will Decrease the Losses
You have no losses when you have no users left
Giving Control to Microsoft is Always a Dire, Huge Mistake
Microsoft is known for buying things and sabotaging things, not for creating things
Founders That Sell Their Company to Microsoft Speak Out
"Microsoft's closure of Arkane Austin in May was one of the more shocking events of the past couple of years"
In Chile, Microsoft's Web Browser (a Chrome Copycat) Fell to 3.6%, About the Same as Firefox and Opera and Less Than Safari, Yandex Browser, Google Chrome
It does not look like Chileans fancy Microsoft's browser. They go out of their way to use something else, even on Windows.
Software Freedom in Perspective - Part 4 - Daniel on Linux-based Mobile Platforms in LATAM (Latin America)
GNU, Linux, and mobile
Almost Nothing of Invidious Left Online (YouTube is Attacking Gateways)
what it looks like at this very moment
Gemini Links 14/08/2024: Funeral for an E-reader and a Mother Wants a Laptop
Links for the day
Links 14/08/2024: 8 Years of GDPR and Ridicule of "Hey Hi" (AI) Hype
Links for the day
This is How You Give Microsoft More Control Over LibreOffice Both as Software and as a Project
Didn't the Document Foundation learn from prior Microsoft Store scandals connected to LibreOffice?
"Heroes of Fedora" Are Just Salaried Employees of IBM (But "Community" is Just Sounding a Lot Nicer)
A real community would not allow IBM a majority
YouTube Has Thrown Free Software Users Into a Crisis
For many Free software users, who rely on Invidious, YouTube is nearly dead already
[Meme] "New Chapter in the FSF."
We expect to have some coverage from this week's event
There is No I in "GAFAM" and Soon There Won't be I At All (Like Novell Vanished, Not Overnight, as It Took Over a Decade)
Intel is going through the biggest crisis in its entire history
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 13, 2024
IRC logs for Tuesday, August 13, 2024
It's a "sm0l" World and It Won't Outsource to the Pentagon Anymore
As many people aren't interested in a new PC - or simply cannot afford one - we can expect leaner operating systems to gain further
Software Freedom in Perspective - Part 3 - GNU/Linux in Argentinian Desktops/Laptops
Daniel explains why many years ago many PCs shipped with GNU/Linux and that there was an economic reason for it. At least in Argentina.
Tivoisation and Decommodification in Clown Computing
Some firms or organisations lost sight of what "servers" or "hosting" even mean
The News Vacuum
The problem is worse than just an absence of reporting
x86 Lowered the Standards of Hardware Products
A lot of it is just hacks and cheats that help fake performance