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

09.08.15

Free Software Establishments in India Fight Back as Efforts to Spread Software Patents Are Reported

Posted in Asia, Free/Libre Software, Patents at 6:31 am by Dr. Roy Schestowitz

OOXML protests in India
From the Campaign for Document Freedom

Summary: India’s move towards software patents already encounters opposition from the Free Software Movement of India (FSMI) and China’s new obsession with software patents is addressed

SOFTWARE patents are truly a menace. Virtually no software developers would ever defend these, except maybe their ‘pioneer’. These are hurting even proprietary software companies, not just Free software developers. As the Microsoft booster Tim Anderson put it yesterday, “[l]egal woes (and cracked licence keys) cause dev favourites to throw in the towel”. He wrote about “Iron Speed, a firm which provided a rapid application development tool for creating .NET apps [which] is shuttering itself thanks to “litigation with a patent troll”, according to a letter sent to customers by co-founder and chairman Alan Fisher.”

The fight against software patents ought to be a common cause among proprietary and Free/Open Source software developers. Conglomerates such as Microsoft and IBM, which are not run by developers, want software patents in order to merely cement their monopolies, which they acquired only because of lack of software patents (back when they were small). Companies that focus on software can only succeed and thrive in the absence of monopolies on algorithms.

“The fight against software patents ought to be a common cause among proprietary and Free/Open Source software developers.”India’s policy on algorithm monopolies has been sound for a number of years, especially given the large number of software developers in India (both proprietary and Free/Open Source software developers). We were therefore rather stunned to learn that India is making a terrible, suicidal move. The Indian Patent Office sells out, causing huge issues for everyone, based on patent-centric sites. There is a panic among everyone except patent lawyers. Some rightly ask: “Will It Stifle Innovation in the IT Industry?”

Of course, it has been repeatedly shown in practice and in theory. India is making even more impact in the media (even international networks like Reuters [1, 2] by giving Pfizer the finger again. As PTI put it, “India rejects Pfizer’s patent application for arthritis drug”. Pfizer just wants another monopoly and India, realising the ethical impact, denies/declines. Why can’t the Indian Patent Office realise that patents on software too are unethical, irrational, and damaging to India? Who is this patent office working for? As one site put it: “The Indian Patent Office (IPO) has addressed limitations on patents for computer-related inventions to clarify the Patents (Amendment) Act 2002.”

It didn’t just address limitations; the word “limitations” has a negative connotation, as if patent maximalism is a good thing.

“Free Software activists against changes to patent norms” is the headline of this new article in English, which shows that the Free software types are already responding to this crisis. To quote the opening paragraph: “The Free Software Movement of India (FSMI) has alleged that the new Guidelines for Examination of Computer Related Inventions are illogical. It argues that they violate the spirit and law contained in the amended Patents Act of 1970 and could pose a grave threat to innovation in our country.”

There are meanwhile reports also from China, the other Asian technology giant. “Last year,” said this article, “for the fourth year running, China topped the patent league with 928,000 patent applications compared to 578,800 patents filed in the USA.”

This is not because of increased innovation but due to patent maximalism. As this new article indicates, software patents are becoming widespread in China (we wrote about this trend before). To quote the lawyers’ site:

Patenting computer software inventions makes sense for the Chinese e-commerce industry for three reasons. First, the Chinese government wants more businesses to patent their technological innovations. This policy is supported at the national level and the central government pays for inventors to apply for patents. Second, e-commerce is very important in China. One quarter of all consumer purchases in China are done on-line. And that number is unlikely to get smaller. Third, today’s Chinese consumers have many options and they have grown to expect quality products, quick service and reasonable prices.

For most active businesses, the third reason is the key. Finding an edge in meeting those consumer expectations has made for a fiercely competitive marketplace. Protecting process innovations that involve software improvements is, as it is everywhere, problematic. How are computer software inventions protected in China as a matter of law?

China would not gain any advantage by allowing patents on software. It would just be wasting time and other resources composing documents in Mandarin. A lot of these so-called ‘innovations’ are not innovative at all; they can be found in existing patents (maybe in other languages) and refer to ideas that got implemented a very long time ago. These patents are good for nothing, except maybe serve as trophies (although the higher the number of such ‘trophies’, the less impressive each becomes).

Business hawks in the US are not resting [1, 2]. They still lobby against patent reform in the US, pretending it would “hurt innovation”, “weaken patent laws”, and the usual nonsense about hurting businesses, which is exactly what patent law does at the moment (hence the need for reform). To quote the latter example, here is why the hawks have just resumed this lobbying (it’s about timing): “Toward the end of each summer lawmakers travel back to their home states and districts for the August recess. This time away from our nation’s capital allows elected officials to reconnect with constituents and hear which issues matter most to folks back home.”

US officials will hopefully work towards a real reform, not the diluted one which had been tabled before they went on holiday.

It is rather worrisome to see software patents spreading to large parts of the global economy (India, China, and even Europe if the corrupt EPO management gets its way) while the US itself, the original source of these patents, is coming to grips with the harms of these patents and cutting down accordingly.

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 19/2/2019: Mesa 18.3.4, Cutelyst 2.7.0, Plasma Pass 1.0.0

    Links for the day



  2. What Happened in the United States Now Happens in Europe: Lots of Patents Turn Out to Be Bunk, Fake, Bogus, Invalid and Thus Worthless

    Worthless patents — not opposition to such patents — are the greatest threat to the legitimacy of the patent system, yet bureaucrats fail to heed the warning in the name of short-term profits



  3. Stephen Rowan's and Nellie Simon's Letter to EPO Staff: eDossier Has “Not Reached the Required Quality Levels.”

    We've just commented on it; here is the raw letter in full, explaining that eDossier and related frameworks will be abandoned entirely and indefinitely within less than a fortnight



  4. Search Matters Not at the European Patent Office

    The EPO has found out that "System Battistelli" has been catastrophic for the quality of patents; it stops short of openly admitting it as such and in fact it keeps the message strictly confidential (explained to insiders, who will inevitably notice a system being abandoned)



  5. António Campinos Still Needs to Undo Battistelli's Union-Busting Activities at the EPO

    Solidarity and support for Laurent Prunier are needed because the new French president lacks empathy even for fellow Frenchmen whose sole 'crime' is that they represented EPO staff



  6. Links 18/2/2019: Linux 5.0 RC7, RISC-V Spreading Fast

    Links for the day



  7. António Campinos Still Needs to Hold Team Battistelli Accountable for Illegally Bringing Weapons to the EPO

    It is imperative that, in order to repair the reputation of the European Patent Office (EPO), António Campinos should pursue accountability for the managers who brought Benalla and firearms to the Office (very serious breach of German law, jail sentence included)



  8. Links 17/2/2019: Compiz 0.9.14.0, Geary 0.13.0, GNU FreeDink 109.6, Debian 9.8, Texinfo 6.6

    Links for the day



  9. Amazon's Patent Policy Should be Enough of a Reason to Boycott Amazon and AWS

    There are many things to criticise Amazon and its founder for; but rarely does the mainstream media bring up the company's appalling patent policy



  10. Don't Use Cloudflare Because You Impose This on People Who Least Want It

    Reasons to stop making the World Wide Web so heavily dependent on some dubious companies like Cloudflare, which already has a worrisome track record



  11. How Many/Most EPO Examiners View 'President' António Campinos

    Based on what readers/insiders have told us, there’s a prevalent perception that António Campinos is afraid of (thus controlled/directed by) Bergot, who is still doing Battistelli’s biddings at the European Patent Office (EPO)



  12. Techrights' Priorities Over the Years

    An old priority of ours, eliminating software patents in the United States, is no longer quite so relevant because such patents are perishing in US courts, with or without outside intervention such as activism



  13. Courts in Disagreement: Warning on Wrongly-Granted European Patents and the Looming Collapse of All Software Patents in Europe

    By devaluing patents and reducing their perceived worth (as is happening in China and Europe) patent offices risk decreasing participation in the very system they fundamentally depend on



  14. Computing Will Not Necessarily Make the World a Better Place

    The vision of "happy world" (because each person has a so-called 'smart' 'phone') is a yuppie delusion that overlooks business models and corporate interests



  15. EPO Grants Fake European Patents -- Including Software Patents -- and European Courts Keep Rejecting These

    The demise of the legitimacy or perceived validity of European Patents is measurable and the system isn't the same anymore; the EPO makes no effort to change this for the better, either



  16. Nobody But Patent Trolls and Litigators Will Benefit From the Corruption of the European Patent Office

    IAM, EPO leadership, Iancu and the rest of these raiders are enabling corruption and facilitating or supporting a racket; that money they collect comes at the expense of future victims of their "clients" or "customers" (that's what they call applicants, to whom they grant dubious monopolies as a matter of urgency)



  17. WSL is a Misleading Acronym/Name Because There's No Linux in It, It's Just Windows

    When Microsoft says "Linux" (as in "Microsoft loves Linux") what it actually means is Windows and/or Azure



  18. Links 16/2/2019: Ubuntu 18.04.2 LTS, PyCharm 2019.1 EAP 4

    Links for the day



  19. Outline/Index of the Alexandre Benalla/Battistelli Scandal

    Our writings about the scandals implicating Benalla and the European Patent Office (EPO)



  20. Reading Techrights on a Mobile Device Running Android

    A new Android app for reading this site is being tested



  21. Links 14/2/2019: “I Love Free Software Day” and Mesa 19.0 RC4 Released

    Links for the day



  22. “EPO Lawlessness Again”

    Blackberry uses bogus European Patents (on software) for lawsuits; "all of them pure software patents. Patents on programs for computers as such," as Müller puts it



  23. Unitary Patent (UPC) is All About Imposing Patent Maximalists' Ideology of Greed and Self Interest on Courts in the Name of 'Unification' or 'Consistency' or 'Community'

    Pushers of the Unified Patent Court (UPC) are upset that they don’t always get their way when independent judges get to decide; as it turns out, many European Patents are just fake patents, more so under António Campinos



  24. Battistelli's Bodyguard, Part V: Mediapart Explains the 'Raid' Attempt, Reporters Without Borders Involved

    Mediapart, an investigative site that unearths a lot of incriminating things about Battistelli's former bodyguard Alexandre Benalla, was the target of a raid attempt some weeks ago



  25. Links 13/2/2019: Tails 3.12.1, MongoDB Being Dumped

    Links for the day



  26. Battistelli's Bodyguard, Part IV: Suspected Offenses of Forgery and Possible Falsification

    In a very underworld fashion, Benalla continues to break the law and create yet more scandals



  27. Battistelli's Bodyguard, Part III: Mars, France Close Protection (Benalla's Family), and Russian Oligarchy

    An article which examines the business background of Benalla, the outrageous salaries, the severance indemnity pay, and contract with a Russian oligarch close to Vladimir Putin



  28. Links 13/2/2019: Plasma 5.15.0 and a Look at Linux Mint Debian Edition Cindy

    Links for the day



  29. Battistelli's Bodyguard, Part II: Fishing Expedition for Sources in the Alexandre Benalla 'Underworld' Scandal

    An utter lack of respect for the privacy of the media and of its sources, in the name of protecting the privacy of those convicted of crimes, as seen in France just like the European Patent Office



  30. Innovating the Idea That Software Patents (Monopolies on Algorithms) Are Covering 'Artificial' 'Intelligence' (AI and ML as Loopholes)

    Patent law firms around the world love this new trick, which is framing software that makes decisions as "AI" (magically rendering it patent-eligible only in offices but not in courts, which the EPO hopes to replace/override anyway)


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