Bonum Certa Men Certa

Software Patents: Dying, Spreading, or Hardly Surviving?

TTIP, TPP (back door for software patents in Europe), UPC (ditto) and what it all means to software patents in the age of mass invalidations in the US

ESPECIALLY WHEN ONE'S BUSINESS IS PATENT TROLLING



Summary: The arguments over software patents in both sides of the Atlantic ocean, where there is a well-known (if not notorious) one- or two-way flow of laws, usually best suited for billionaires and their companies

SOFTWARE patents are an important topic. There are literally billions of dollars at stake, as the case of Apple against Android/Linux serves to show (usually it's only the lawyers who win irrespective of the outcome). Depending on the law regarding software patents, billions of dollars can be diverted away from developers and fall into the hands of large corporations and their patent lawyers, shareholders, etc. There is therefore a "class war" element to it. As more and more of society goes digital and more aspects or life get digitised, this matter becomes increasingly urgent. Can a non-exact expression of ideas in code (not the same in copyrights) be "owned"? Should it? Is it feasible and enforceable at all?



Europe Has a Battle Between Practicing and Non-Practicing (Lawyers)



"Depending on the law regarding software patents, billions of dollars can be diverted away from developers and fall into the hands of large corporations and their patent lawyers, shareholders, etc."A new article titled "First Black Woman Ever to Hold a Software Patent" was mentioned by both opponents and proponents of software patents [1, 2] (as expected, the former is a programmer, the latter is a patent lawyer). We very much doubt the claim in this headline is true as there are many black women who work as programmers in the US (at least hundreds if not several thousands) and many companies in the US apply for software patents nowadays. Putting that dubious/questionable claim aside (we doubt they have a complete USPTO database with ethnicity and gender of applicants/grantees in it), one can easily see who's involved in this battle. The patent lawyer in this case I'm lucky to have a reasonably amicable channel of communications/relations with. He habitually visits the EPO, where even visitors have been subjected to highly intrusive surveillance which almost certainly violates German law. His name is Bastian Best (photo at the top) and he is based in Germany, where the UPC affairs reek a great deal. Mr. Best recently told me about this blog post of his, in which he talks about software patents in Germany (not necessarily in Europe as a whole). To quote Best: "Patent protection in Germany can be obtained either nationally by filing a national German patent application with the German Patent and Trademark Office or by designating Germany in a European patent application and subsequently validating the granted European patent in Germany. This post is restricted to German patent applications that have been filed nationally. The provisions of the EPC and the case law of the EPO concerning software are discussed in other places of this blog."

Well, it is widely agreed by many that under the provisions of the EPC software patents are simply not allowed, but let's brush that aside for a moment. Best doesn't always know best. He is a little biased, like all patent lawyers. It's hard to betray one's source of salaries.

US Software Patents Receding Owing to Alice



As longtime readers probably know, a point we repeatedly make here is that the US keeps moving away (or further away) from software patents, so there's no reason for the EU or Germany (or any other country/commonwealth for that matter) to phase them in. After all, the US is where software patents came from in the first place, having been introduced several decades ago because of of the Court of Appeals for the Federal Circuit (CAFC).

"As more and more of society goes digital and more aspects or life get digitised, this matter becomes increasingly urgent."Looking at what happens in the US, it's not looking too good for software patents this week. "Federal Circuit Court of Appeals [CAFC] to Decide The Status of MacroPoint Patent Dispute with Fourkites" says this headline and a patent lawyer says: "This outfit (MacroPoint) thinks its freight tracking software #patents can survive #Alice v. CLS Bank challenge" (we have mentioned MacroPoint's patent attacks at least twice in the past [1, 2]).

Meanwhile, acknowledges a patent lawyer, "US Pat 7,096,003, S.Ct. Denied Cert; 101/Alice Kill Stands" (so Alice does it again). This is part of a longstanding trend in the US. A patent lawyer, writing at a pro-software patents advocacy site, is trying to dodge the Alice case (and the new rules it led to) in order to patent software anyway. It's somewhat pathetic to watch. They still refuse to grasp or accept a decision from their highest court.

Recent Techrights' Posts

Proprietary Software is Bad for Your Health, Not Just Your Finances, Privacy and So On
It would be interesting to see some charts, based on some long-term study, comparing the general health (blood pressure, BMI etc.) of people who use proprietary stuff and people who do not
Microsoft Admits Business Perils as Windows Continues to Fall
‘Microsoft missed the biggest business model…’
Technical Specifications at Times of Tyrannies
Specifications (specs) must evolve with the times
In Case Rust Censors It (Rust Has Long Been All About Censorship), Here's a Critical Look at Rust's Goals
In the case of Rust, instead of "the liberation of the digital society" we have empowerment of Microsoft GitHub and of GAFAM in general. Guess who funds this...
Gemini Links 23/02/2025: Respectful Platforms Manifesto and Internet Archive
Links for the day
The Significance of the Timing of the Ridiculous Letters From Brett Wilson LLP, Acting on Behalf of People From Microsoft
A preliminary look at the timeline and what it tells us
Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
The So-called 'IT' Industry Became Somewhat of a Fraud Where People Equate Usage and Power Wasted With "Value" or "Success"
When did 'IT' become a weapon rather than technology/science?
Things to Like About London
Many important or "powerful" people leave near there
 
Links 24/02/2025: Germany Looks to Distance Itself From US, Environment at Risk, Mass Layoffs at Zendesk
Links for the day
[Meme] It's Over, Microsoft
an obligatory meme
Even Worse Than LLM Slop and Linkspam From UNIXMen
UNIXMen is basically a defunct spamfarm at this point (the author is "sarwarSEO")
Gemini Links 24/02/2025: Osiris 0.1.0 Release (File Sharing in Gemini Protocol), NetBSD 10.1 on the Pi
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 23, 2025
IRC logs for Sunday, February 23, 2025
Links 23/02/2025: Democracy Backsliding and German Election
Links for the day
Joining APRIL(.org), AGM weekend, Paris, 15-16 March 2025
Reprinted with permission from Daniel Pocock
Links 23/02/2025: Zuckerberg Despised, US Government Does Not Obey Judges, France Grapples With Terrorism
Links for the day
Links 23/02/2025: Apple Back Doors, Ukraine Updates, and Gemini Leftovers
Links for the day
Recent Improvements in Techrights
minimalism works fine when the main goal is to relay information
Slopwatch: Brian Fagioli, Brittany Day (linuxsecurity.com), and Microsoft Misinformation, False Marketing
Serial Sloppers
Censored: Debian Zizian transgender vigilante comparisons in open source Linux communities
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 22, 2025
IRC logs for Saturday, February 22, 2025
Links 22/02/2025: OpenAI Plans to Possibly Abandon Microsoft, Facebook Doubles Execs' Bonuses While Sacking Thousands
Links for the day
Gemini Links 22/02/2025: Weekend Chill and Programming Thoughts
Links for the day
Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.