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

05.03.14

The Debate About Software Patents is Still Dead Because Large Corporations Killed It

Posted in IBM, Law, Patents, Red Hat at 7:58 am by Dr. Roy Schestowitz

Pheasants

Summary: Corporate overloads have successfully shot down any chance of attaining freedom for software developers

HAVING spent about a decade of my life fighting against software patents, it is just too hard to let the cause go. I sometimes revisit relevant news sites and blogs, hoping to find some relevant coverage, parliamentary action, activism, etc. Over the past year or so this has been a depressing exercise because on people’s lips there’s no longer (or rarely) the goal of eliminating software patents. Companies like Google joined the ranks of IBM and are now hiring patent lawyers, acquiring software patents, and so on. I had warned managers at Google about it and their responses to me were largely defeatist. The SCOTUS, which historically is just a plutocrats’ tool for authorising the plutocrat’s will, continues to support the USPTO’s patent maximalism (the USPTO is headed by corporations such as IBM).

There is no substantial bill seeking to truly reform the patent system and those which exist, including corresponding press coverage, are focusing on trolls, costs, and other side issues. The EFF, which once upon a time promised to fight against software patents, recently hired some more lawyers whose articles on the matter tend to be a waste of time (and whose focus is truly bizarre, misguided at best). Here is one new example, the latest of many that we covered last year:

The Supreme Court heard oral argument today in another patent case, Limelight Networks, Inc. v. Akamai Technologies, Inc. In this case, the Court considers what to do when one party performs some steps of a patented method and another party performs the remaining steps. Specifically, Akamai wants to hold Limelight liable for patent infringement even though its customers perform one of the steps of the patent (i.e. four steps are performed by Limelight, one by the customers). The Federal Circuit had ruled for Akamai and effectively held Limelight responsible for the actions of its customers.

But that’s not the point. The point is, patents like these should be out of scope, it doesn’t matter who performs which action, who pays for litigation, who the plaintiff is, and so forth. Even Red Hat, which takes pride in “Open Source” (not so much in freedom) focuses on “trolls” in this latest post on the topic:

Patent trolling—the aggressive assertion of weak or meritless patent claims by non-practicing entities—is a frequent target of disdain from open source enthusiasts. Thus it may be of some comfort to readers that the highest court in the US has recently decided the issue is worth looking into. Three cases have already been heard, but decisions are, as usual, still a ways off.

When even entities like the EFF and Red Hat waste their efforts (if not hijack the voice of patents opposition) trying to tackle the wrong question it seems clear that activists against software patents (that’s software developers, both free/libre and proprietary) are pretty much alone. We oughtn’t expect corporations, corporate press or even politicians to help our cause. They don’t understand, they don’t care, and if they care, then it’s not because they want to see software patents abolished. IBM is probably one of the worst pretenders; unlike Microsoft, it also tries to convince us that it’s on our side and many people fall for it.

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. Links 1/10/2016: Linux 4.7.6 and 4.4.23, Blender 2.78

    Links for the day



  2. Dutch Court Rules Against SUEPO (in a Reversal), But EPO Management Would Have Ignored the Ruling Even If SUEPO Won (Updated)

    SUEPO loses a case against EPO management, but the EPO's overzealous management was going to ignore the ruling anyway



  3. New Paper Provides Evidence of Sinking Patent Quality at the EPO, Refuting the Liar in Chief Battistelli

    In spite of Battistelli's claims (lies) about patent quality under his watch, reality suggests that so-called 'production' is simply rushed issuance of invalid patents (one step away from rubberstamping, in order to meet unreasonable, imposed-from-the-top targets)



  4. Battistelli Locks EPO Staff Union Out of Social Conference So That He Can Lie About the Union and the Social Climate

    The attacks on staff of the EPO carry on, with brainwash sessions meticulously scheduled to ensure that Administrative Council delegates are just their master's voice, or the voice of the person whom they are in principle supposed to oversee



  5. Unprecedented Levels of UPC Lobbying by Big Business Europe (Multinationals) and Their Patent Law Firms

    A quick look at some of the latest deception which is intended to bamboozle European politicians and have them play along with the unitary [sic] patent for private interests of the super-rich



  6. Links 29/9/2016: Russia Moving to FOSS, New Nmap and PostgreSQL Releases

    Links for the day



  7. Team UPC is Interjecting Itself Into the Media Ahead of Tomorrow's Lobbying Push Against the European Council and Against European Interests

    A quick look at the growing bulk of UPC lobbying (by the legal firms which stand to benefit from it) ahead of tomorrow's European Council meeting which is expected to discuss a unitary patent system



  8. IP Kat is Lobbying Heavily for the UPC, Courtesy of Team UPC

    When does an IP (or patent) blog become little more than an aggregation of interest groups and self-serving patent law firms, whose agenda overlaps that of Team Battistelli?



  9. Leaked: Conclusions of the Secretive EPO Board 28 Meeting (8th of September 2016)

    The agenda and outcome of the secretive meeting of the Board of the Administrative Council of the EPO



  10. Letter From the Dutch Institute of Patent Attorneys (Nederlandse Orde van Octrooigemachtigden) to the Administrative Council of the EPO

    The Netherlands Institute of Patent Attorneys, a group representing a large number of Dutch patent practitioners, is against Benoît Battistelli and his horrible behaviour at the European Patent Office (EPO)



  11. EPO's Board 28 Notes Battistelli's “Three Current Investigations/Disciplinary Proceedings Involving SUEPO Members in The Hague."

    The attack on SUEPO (EPO staff representatives) at The Hague appears to have been silently expanded to a third person, showing an obvious increase in Battistelli's attacks on truth-tellers



  12. Links 28/9/2016: Alpine Linux 3.4.4, Endless OS 3.0

    Links for the day



  13. Cementing Autocracy: The European Patent Office Against Democracy, Against Media, and Against the Rule of Law

    The European Patent Office (EPO) actively undermines democracy in Europe, it undermines the freedom of the press (by paying it for puff pieces), and it undermines the rule of law by giving one single tyrant total power in Eponia and immunity from outside Eponia (even when he breaks his own rules)



  14. Links 28/9/2016: New Red Hat Offices, Fedora 25 'Frozen'

    Links for the day



  15. Team Battistelli Intensifies the Attack on the Boards of Appeal Again

    The lawless state of the EPO, where the rule of law is basically reducible to Battistelli's ego and insecurities, is again demonstrated with an escalation and perhaps another fake 'trial' in the making (after guilt repeatedly fails to be established)



  16. After the EPO Paid the Financial Times to Produce Propaganda the Newspaper Continues to Produce UPC Puff Pieces, Just Ahead of EU Council Meeting

    How the media, including the Financial Times, has been used (and even paid!) by the EPO in exchange for self-serving (to the EPO) messages and articles



  17. Beware the Patent Law Firms Insinuating That Software Patents Are Back Because of McRO

    By repeatedly claiming (and then generalising) that CAFC accepted a software patent the patent microcosm (meta-industry) hopes to convince us that we should continue to pursue software patents in the US, i.e. pay them a lot more money for something of little/no value



  18. The US Supreme Court Might Soon Tighten Patent Scope in the United States Even Further, the USPTO Produces Patent Maximalism Propaganda

    A struggle brewing between the patent 'industry' (profiting from irrational saturation) and the highest US court, as well as the Government Accountability Office (GAO)



  19. Patent Trolling a Growing Problem in East Asia (Software Patents Also), Whereas in the US the Problem Goes Away Along With Software Patents

    A look at two contrasting stories, one in Asia where patent litigation and hype are on the rise (same in Europe due to the EPO) and another in the US where a lot of patents face growing uncertainty and a high invalidation rate



  20. The EPO's Continued Push for Software Patents, Marginalisation of Appeals (Reassessment), and Deviation From the EPC

    A roundup of new developments at the EPO, where things further exacerbate and patent quality continues its downward spiral



  21. The Battistelli Effect: “We Will be Gradually Forced to File Our Patent Applications Outside the EPO in the Interests of Our Clients”

    While the EPO dusts off old files and grants in haste without quality control (won't be sustainable for more than a couple more years) the applicants are moving away as trust in the EPO erodes rapidly and profoundly



  22. Links 27/9/2016: Lenovo Layoffs, OPNFV Third Software Release

    Links for the day



  23. The Moral Depravity of the European Patent Office Under Battistelli

    The European Patent Office (EPO) comes under heavy criticism from its very own employees, who also seem to recognise that lobbying for the UPC is a very bad idea which discredits the European Patent Organisation



  24. Links 26/9/2016: Linux 4.8 RC8, SuperTux 0.5

    Links for the day



  25. What Insiders Are Saying About the Sad State of the European Patent Office (EPO)

    Anonymous claims made by people who are intimately familiar with the European Patent Office (from the inside) shed light on how bad things have become



  26. The EPO Does Not Want Skilled (and 'Expensive') Staff, Layoffs a Growing Concern

    A somewhat pessimistic look (albeit increasingly realistic look) at the European Patent Office, where unions are under fire for raising legitimate concerns about the direction taken by the management since a largely French team was put in charge



  27. Patents Roundup: Accenture Software Patents, Patent Troll Against Apple, Willful Infringements, and Apple Against a Software Patent

    A quick look at various new articles of interest (about software patents) and what can be deduced from them, especially now that software patents are the primary barrier to Free/Libre Open Source software adoption



  28. Software Patents Propped Up by Patent Law Firms That Are Lying, Further Assisted by Rogue Elements Like David Kappos and Randall Rader (Revolving Doors)

    The sheer dishonesty of the patent microcosm (seeking to bring back software patents by misleading the public) and those who are helping this microcosm change the system from the inside, owing to intimate connections from their dubious days inside government



  29. Links 25/9/2016: Linux 4.7.5, 4.4.22; LXQt 0.11

    Links for the day



  30. Patent Quality and Patent Scope the Unspeakable Taboo at the EPO, as Both Are Guillotined by Benoît Battistelli for the Sake of Money

    The gradual destruction of the European Patent Office (EPO), which was once unanimously regarded as the world's best, by a neo-liberal autocrat from France, Benoît Battistelli


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