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

10.18.13

New Strategy for Fighting Software Patents

Posted in Courtroom, Law, Patents at 10:48 am by Dr. Roy Schestowitz

Taking into account systemic corruption in law and politics (Chris Dodd shown below)

Christopher Dodd

Summary: When law is controlled and composed (by proxy) by corporations and their lobbyists, a new strategy for reform is needed

WHEN the highest court (SCOTUS) relies on a broken Internet (where material just vanishes [1]) and judges are political and/or tied to corporations, it is no surprise and there is no reason to wonder why there’s reluctance to end bribery/corruption (euphemisms include “campaign-finance”). The ‘legal’ system is so broken that even innocent people who were unjustly punished oughtn’t bother suing [3] and guilty cults that defraud thousands and run their own prison system walk away free, despite being recognised as organised fraud in other, more civilised nations [4]. It seems like in the eyes of this ‘legal’ system, dissent against crime or the pursuit of justice are now the real enemy. This is the sign of a a legal system entering a state of calamitous collapse. To blindly assume its moral higher ground would be unwise.

It has been about 2 months since we last covered patents on a regular basis. This is not a coincidence. Having campaigned against software patents since my days as a student, I hardly see any progress. In Europe, debate focuses on unification with US patent law (the typical cross-Atlantic treaty loophole), in New Zealand the fight against software patents never ends (even when the arguments are all settled), and in the US the debate is totally dead; all they talk about right now are “patent trolls”.

Fighting against a system which is inherently broken and does not permit progress — just fake Change® — is a tiresome exercise. It feels like a waste of energy. Larry Lessig tried to reform copyright law for years. He hardly succeeded. Corrupt politicians like Chris Dodd — those who literally bribe Congress — always get their way. Lessig understood this after years of campaigning regarding copyright law. Instead, after years of wasted effort, he turned his attention to fighting corruption in US Congress. it’s no simple task, either. Perhaps we too, at least in the coming years, will need to dedicate some time to fighting the patent issue from a political angle, not just a technical and logical angle. From the technical point of view, the argument was resolved a long time ago. Developers reached a consensus. But the patent lawyers and their lawyer/politician friends stand in the way and they will never give way to change unless they are named and shamed. SCOTUS and CAFC are part of the problem because their decisions continue to legitimise software patents.

Related/contextual items from the news:

  1. Link Rot and the US Supreme Court

    “Hyperlinks are not forever. Link rot occurs when a source you’ve linked to no longer exists — or worse, exists in a different state than when the link was originally made. Even permalinks aren’t necessarily permanent if a domain goes silent or switches ownership. According to new research from Harvard Law, some 49% of hyperlinks in Supreme Court documents no longer point to the correct original content. A second study on link rot from Yale stresses that for the Court footnotes, citations, parenthetical asides, and historical context mean as much as the text of an opinion itself, which makes link rot a threat to future scholarship.”

  2. Obama’s Lawyer Should Have Used Originalism to Sway Originalist Justices

    If he had met a conservative Court on its own ground, the solicitor general could have notched a victory for liberalism—and helped safeguard campaign-finance protections.

  3. Unlawfully Detained by the U.S. Government? Don’t Bother Suing.

    Last Monday, on the same day as the opening of the new Supreme Court term, the federal appeals court in San Francisco threw out a damages suit by a former Guantánamo detainee who alleged that his detention and his treatment while detained had been unlawful. The decision by a unanimous three-judge panel in Hamad v. Gates did not hold that the plaintiff’s rights hadn’t been violated; rather, it held that it lacked the power to even address that question because of a 2006 statute that appears to take away the jurisdiction of the federal courts in such cases. Although there are reasons to quibble with the Ninth Circuit’s analysis, the result underscores a far broader point about which there can be no dispute: In case after case, on issues ranging from Guantánamo to surveillance to “extraordinary rendition” and torture, the federal courts have been categorically hostile to damages claims arising out of post-September 11 counterterrorism policies. And as in Hamad, this hostility has been reflected in the courts’ reliance upon a host of procedural doctrines to reject the plaintiffs’ claims without actually adjudicating—one way or the other—the underlying legality of the government’s conduct.

  4. Scientology’s fraud conviction upheld in France

    France’s top appeals court has upheld a fraud conviction and fines totalling hundreds of thousands of euros against the Church of Scientology, for taking advantage of vulnerable followers.

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. Who Kills Yahoo? It's Microsoft, Not Yahoo!

    The media should blame Microsoft, not Marissa Mayer, for what's going on (and has been going on for 7 years) at Yahoo!



  2. EPO Management is Trying Hard to Appease Its Critics While Pushing Forth Unitary Patent Agenda

    The European Patent Office and European Commission promote the agenda of large multinational corporations (at the expense or European citizens) and critics are being kept at bay



  3. Real Patent Reform Will Not Come From Biggest Backers of GNU/Linux, Not Even Google

    A look at the 'new' Google, the company which is hoarding patents (2,566 last year alone) instead of fighting for reform



  4. Microsoft's Troll Intellectual Ventures Loses Software Patents

    Intellectual Ventures is bluffing with software patents, but this time around it doesn't get its way



  5. Links 24/4/2015: Ubuntu and Variants in the News, Red Hat Developer Toolset 3.1

    Links for the day



  6. Links 23/4/2015: Ubuntu 15.04 is Out, Debian 8.0 Out Very Soon

    Links for the day



  7. Links 22/4/2015: Fedora 22 Beta, Atlassian Acquires BlueJimp

    Links for the day



  8. The Dying Debate Over Patent Scope (Including Software Patents) Replaced by 'Trolls' (But Not the Biggest Ones)

    The corporate media and Web sites or people who are funded by large corporations have essentially suppressed any debate about issues in the patent granting process, thereby guarding software patents and preventing criticism of large corporations' power grab



  9. The Patents Gold Rush Continues

    The morbid obsession with monopolising mere ideas still dominates the media, even increasingly in China



  10. 9 Millionth US Patent Tells a Story of Failure and USPTO Misconduct

    The USPTO, much like FISA (notorious court for surveillance/espionage authorisation), has become a rubber-stamping operation rather than a patents examination centre, as new evidence and old evidence serve to show



  11. HBO Helps Shift Debate Over Patents to 'Trolls' (Scale), Not Scope

    More of that awkward shifting of the patent debate towards small actors who are misusing patents, not large conglomerates like Apple and Microsoft which use patents to destroy competitors, crush startups, drive up prices, and so on



  12. Software Patents Are Still Menacing to Free Software: OIN Expands Scope, HEVC Adds to MPEG-LA Burden/Tax, Google and Facebook Give in on Patents

    A look at recent news about software patents and especially Free/libre software, which is inherently incompatible with them



  13. The Latest Developments Around Microsoft's Clever Attack on Android/Linux

    Microsoft's campaign of destruction, extortion, etc. against the most widely used Linux-powered operating system is revisited in light of new reports



  14. The Microsoft 'Community' is Maligning the Free Software Community

    Dishonest generalisations and baseless deductions portray the Free/Open Source software communities as a nasty place that leads to poverty and despair



  15. Googlebombing 'Microsoft Open Source' Even When Microsoft Shuts Down Its 'Open Source' Proxy

    A massive failure by the press to cover the most basic news, which is Microsoft putting an end to a supposedly 'Open Source' effort



  16. Links 22/4/2015: Calculate Linux 14.16, SparkyLinux 4.0 RC KDE

    Links for the day



  17. Links 21/4/2015: Project Photon, Ubuntu Touch Buzz

    Links for the day



  18. Embrace, Extend, Extinguish: How Microsoft Plans to Get Rid of Linux/Android

    Microsoft's sheer abuse against Android is laying bare for everyone to see now that Microsoft has paralysed Google's legal department with potential antitrust action in Europe



  19. Yahoo's Current CEO (Mayer, Formerly of Google) is Trying to End Yahoo! Status as Microsoft Proxy

    There are signs of relinquishing Microsoft's control over Yahoo! after Marissa Mayer worked to end the company's suicidal/abusive relationship with Steve Ballmer's Microsoft



  20. Repeating Microsoft's Lies Without Any Journalistic Assessment

    Poor fact-checking by relatively large media/news sites results in Microsoft's patently false claims being repeated uncritically



  21. Links 19/4/2015: New KaOS (2015.04), Manjaro Linux 0.8.13 Pre1

    Links for the day



  22. Links 18/4/2015: ExTiX 15.2, RaspArch

    Links for the day



  23. Microsoft Tired of Pretending to be Nice to Free/Open Source Software (FOSS), Microsoft 'Open' Technologies Dumped

    Microsoft dumps its proxy (misleadingly named 'Open Tech') and other attacks on Free software persist from the inside, often through so-called 'experts' whose agenda is to sell proprietary software



  24. More Translations of French Article About the EPO

    German and Dutch translations of the Le Monde article are now available



  25. Links 17/4/2015: Wipro and the Netherlands Want FOSS

    Links for the day



  26. Microsoft's Multi-Dimensional Assault on Android/Linux: Extortion, Lobbying of Regulators, and Bribes

    Microsoft's vicious war on Linux (and Android in its current incarnation) takes more sophisticated -- albeit illegal (as per the RICO Act) -- forms



  27. Microsoft's Plot to Associate Windows with 'Open Source' is Proving Effective, Despite Being Just a Big Lie

    A look at the latest headlines which can lead to a false perception that Microsoft is now in bed with 'Open Source'



  28. Microsoft Windows Remotely Crashed, Remotely Hijacked, But Still No Logo and No Branding for the Bugs

    Windows maintains its reputation as a back doors haven, but the media is still not highlighting the severity of this issue, instead focusing on accidental bugs in Free software, even very old (and already fixed) bugs



  29. Black Duck's Latest Self-Promotional Propaganda (for Proprietary Software) Still Fools Journalists

    Under the traditionally misleading title "Future of Open Source" Black Duck expresses its desire for proprietary software sales, salivating over fearful managers who may get bamboozled into buying the patents-'protected' Black Duck 'product'



  30. Links 16/4/2015: Opera for 32-bit GNU/Linux, New Chromebook Site

    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