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. Microsoft Keeps Pretending to be 'Open Source', Despite Relentless Assaults on Open Source

    Microsoft's charm offensives against Free/libre software are proving to be rather effective, despite them involving a gross distortion of facts and exploitation of corruptible elements in the corporate media



  2. Željko Topić and Ivan Šimonović, Two Residues of Ivo Sanader's Corrupt Regime, Seen as Indirectly Connected

    Further exploration of the remnants of Sanader's highly notorious record and those whom he had brought to power before he landed in jail



  3. Links 27/3/2015: Ubuntu 15.04 Second Beta, Dart 1.9

    Links for the day



  4. The EPO's Dutch Scandal Leaves Battistelli and His Cronies on the Run

    EPO management is making concessions and issues statements which admit defeat, allowing the staff union to continue its activities



  5. Microsoft Won't Let People Wipe (Off) Windows But Happily Wipes Android, Wipes Android Apps Through Cyanogen and Blackmailed 'Partners'

    Microsoft's obscene double-standards leave Android and Linux between a rock and a hard place



  6. Links 26/3/2015: GNOME 3.16 Officially Released

    Links for the day



  7. Links 25/3/2015: India Moving to Free Software

    Links for the day



  8. Another Reason to Boycott UEFI: Back Doors or Crackers

    UEFI makes computers more prone to infections, according to some security experts



  9. The EPO's Administrative Council is Under Increased Pressure to Rein in and to Finally Stop Benoît Battistelli

    The EPO's Administrative Council (AC) is about to have a meeting, so the Member States' delegations are urged to call for action



  10. IRC Proceedings: February 22nd - March 21st, 2015

    Many IRC logs



  11. The Latest Microsoft Attacks on GNU/Linux and Free/Libre Software

    Microsoft is still hiding behind the façade of 'love' whilst actively attacking GNU/Linux and Free software from many directions



  12. Attempts to Disrupt Android by Pushing Microsoft Software Into It (Using Patent Blackmail and Cyanogen)

    Microsoft's Android coup d'état is succeeding owing to public apathy and poor comprehension of what Microsoft really is up to, partly due to media misdirection



  13. Links 24/3/2015: WebKitGTK+ 2.8.0, Black Lab Linux 6.5

    Links for the day



  14. Concerns Over Željko Topić's Alleged Powerful Links in Croatian Diplomacy

    Rikard Frgačić explains the powerful connections acquired though Ivan Šimonović, who is himself connected to EPO Vice-President Željko Topić



  15. Benoît Battistelli's EPO Comes Under Fire From Prominent Figures Who Are Key EPO Stakeholders, Expect Battistelli to Resign 'in the Longer Term'

    The ‘reign of terror’ which is primarily attributed to Battistelli and his cronies may be about to end; the Luxembourg parliament approves the Unified Patent Court



  16. Benoît Battistelli's EPO is Under Attack From French Politicians Yet Again

    More EPO interventions -- this time from France -- target Benoît Battistelli over his abuses and take it up to Eurocrats for political actions



  17. Bribes and Extortion Help Turn Android (Linux-powered) Into 'Microsoft Android'

    A strategy involving harassment and bribes drives large Android players into Microsoft's arms (PRISM and lock-in), much to Google's (and users') detriment and beyond regulators' range of visibility



  18. Microsoft-connected Black Duck Software Created by Microsoft Marketing Man as an Anti-GPL Operation, Admits the Management

    Black Duck "was founded [on] the idea ... to keep GPL-licensed code out of corporate codebases entirely," according to a new report



  19. Links 23/3/2015: Linux 4.0 RC5, Kubuntu Celebrates Ten Years

    Links for the day



  20. Microsoft Admits Lying (or Deceiving) About the Cost of Vista 10

    After much hype in the press about Windows being 'free' it turns out that Microsoft just lied yet again, leaving that lingering perception that Windows is as inexpensive as GNU/Linux



  21. Politics of Blackmail at the EPO

    Comments serve to highlight the role of bribes (or contrariwise blackmail), as allegedly exercised by the current management of the European Patent Office



  22. Benoît Battistelli's EPO Comes Under Attack From the British

    A British MEP criticises Battistelli and the management of the European Patent Office (EPO) while Baroness Lucy Neville-Rolfe, UK Minister for Intellectual Property, gets closer to Battistelli in a tactless effort to improve relations



  23. The Royal Norwegian Department of Labour on the Right of European Patent Office (EPO) Workers to Strike

    The role of bureaucrats from Norway in defending (or not) the rights of EPO workers -- rights that the EPO's management is actively trying to deny and punish for



  24. Michael Silver Back to Acting as Gartner's Microsoft Agent, Promoting Vista 10 Based on False Promises

    Vista 10 in the headlines as its marketing propaganda zones in on false perceptions around cost, aided in part by longtime foes of GNU/Linux such as Gartner, especially its Microsoft-embedded elements (Michael Silver and co-workers)



  25. Despite Media Propaganda About Security, Microsoft Windows Remains the Least Secure Operating System, by Design

    Amid highly misleading security-centric reports that rely on Microsoft's bogus number of vulnerabilities (Microsoft already admitted hiding many of them) Techrights presents recent news about Windows 'security'



  26. Canonical Goes to Bed With Company That Sues Linux Using Software Patents and Copyrights (Through SCO)

    Despite Microsoft's continued assault on GNU/Linux, Canonical is foolish enough to give Microsoft control over many Ubuntu instances



  27. Links 22/3/2015: GNOME 3.16 Shaping Up, LibrePlanet 2015

    Links for the day



  28. Microsoft Hates Linux - Part VI - Propaganda Wars Against Free Software Facilitated While Media Control is Secured and Abused

    How Microsoft systematically lies to the public, including decision-makers and officials who can be tricked into choosing proprietary software, thinking it is in fact "open"



  29. Microsoft Hates Linux - Part V - Dumping and Surveillance to Counter GNU/Linux Insurgence

    Microsoft makes false claims about future versions of Windows (with more surveillance) becoming 'free' in order to stop migrations to GNU/Linux



  30. Microsoft Hates Linux - Part IV - Deleting, Attacking Android/Linux From Within

    Microsoft 'loves' Linux so much that it is trying to get on top of Linux and then delete Linux


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