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12.23.15

The Demise of Software Patents in Australia and the Unites States Worries Patent Lawyers

Posted in America, Australia, Patents at 8:15 am by Dr. Roy Schestowitz

Patent Pools, Patent Thickets, Patent Stockpiling, Patent Trolling, Patent Royalties, Patent Agreements, Patent Lawsuits etc. are the lifeline of patent lawyers

Midland Hotel pool

Summary: Patent lawyers are pooling together their collective influence in an effort to rescue or salvage software patents, which software professionals neither want nor need

“Software shouldn’t be patentable,” Christine Hall of FOSS Force wrote last night. “It’s already covered under copyright law, where it belongs.” That’s just how a lot of software professionals feel, not just FOSS proponents. So who benefits from (and lobbies for) software patents? Monopolists like Microsoft, their lobbyists, and their patent lawyers for the most part.

“Yes, even some large companies have gotten fed up (but not Microsoft).”According to this latest news (covered here a couple of days ago), “APPLE AND ERICSSON have agreed to a global patent deal that will end legal hostilities between the two companies.”

Yes, even some large companies have gotten fed up (but not Microsoft). “The specifics of the deal remain confidential,” says this report, “but it looks like Ericsson has come out on top of the negotiations after confirming that Apple will make an initial payment to Ericsson and then ongoing royalties.”

The Microsoft-controlled Nokia is said to have gotten something similar out of Apple. A lot of these mobile patents pertain to wireless communication, design, and user interfaces/software. These threaten what we have come to know and appreciate as mobile Linux, or FOSS platforms (such as Android) as zero-cost operating systems that commoditise phones and other gadgets, like portable small devices.

We are rather disturbed to see the degree to which patent lawyers dominate the debate in the media. Where are representatives of the software industry (meaning independent developers, not software behemoths with monopolies in their respective field/s)? Spokespeople for the interests of software developers are typically absent, whereas the giants have dedicated front groups like the Business Software Alliance (BSA).

“Where are representatives of the software industry (meaning independent developers, not software behemoths with monopolies in their respective field/s)?”In two recent posts of ours [1, 2], Australia’s patent lawyers were shown with their biased opinions. They currently freak out a bit because software patents are losing their teeth in Australia, at a fairly high level. Truthfully, it can go to an even higher (the highest) level. As George McCubbin from Minter Ellison put it in his conclusion/concluding remarks: “RPL Central can of course still seek special leave to appeal the decision to the High Court, which, if leave was granted and the appeal proceeded, would likely resolve this issue in the short term at least.”

Minter Ellison is just the latest legal firm to write about this. Here is some background or context: “In its long awaited decision Commissioner of Patents v RPL Central, the Full Federal Court has rejected another computer-implemented invention for failing to constitute patentable subject matter. In doing so, Justices Kenny, Bennett and Nicholas overturned the decision of the trial judge, Justice Middleton, delivered in August 2013.

“Patent law needs to take into consideration whether patents in one domain or another actually offer a benefit to society and encourage development.”“The decision has implications for any software developers.”

Yes, well, since they provably hate these patents. There were online petitions in Australia about it (covered repeatedly in Techrights at the time), indicating that it’s good news for developers, maybe bad news for patent lawyers.

Patent lawyers from Manatt Phelps & Phillips LLP (US) are doing ‘damage control’ right now, a year and a half after Alice. This other new article says: “There may be a glimmer of hope for owners of software patents as it is possible that the Federal Circuit is rethinking, or at least grappling with, the larger implications of Alice” (the software patents slayer).

They note that “may be a glimmer of hope for owners of software patents” as if it’s a disaster that software are dying (a disaster for patent lawyers for sure, but take note of the biased tone).

Another US-based legal firm has just published something related to this. “As background,” it says, “the patent relates to computer memory modules that comprise a printed circuit with upwards of a dozen “random access memory” (RAM) chips (sometime on both sides of the circuit board) for short-term storage.”

This, unlike what was covered above, actually involves some hardware. It is not something which a sole programmer can produce in a basement.

Patent law needs to take into consideration whether patents in one domain or another actually offer a benefit to society and encourage development. When it comes to software patents, evidence strongly suggests that they mustn’t exist and the US Supreme Court seems to agree.

12.22.15

The Collapse of Patent Maximalism: Latest Major Setbacks for Software Patents and Patent Trolls

Posted in America, Asia, Australia, Law, Patents at 11:14 am by Dr. Roy Schestowitz

Those seeking to perpetually maximise the scope of patents are now on the retreat

Maximum
Limits exist for a reason

Summary: Patent news from India, Australia, and the United States (the Eastern Texas district in particular), where parasites insist that when it comes to patents more is necessarily better

LEAVING the EPO aside for a moment, we now have time to cover the latest news about software patents in India, in Australia, and in the US. There is a worrisome growing movement, led to a large degree by large US multinationals (monopolistic corporations). It’s a distinguishable lobbying movement which is trying not just to preserve software patents in the US but also expand these to every country on this planet. It’s very clear to see what they are hoping to achieve and this has nothing to do with innovation, just protectionism and power.

“This is great for Indian software companies.”As mentioned here in recent days [1, 2], opponents of software patents now celebrate somewhat of a temporary/conditional win because, to quote the corporate media in India (Economic Times), “India’s patent office has put on hold guidelines that would have allowed patenting of software, a move being hailed as a big win for domestic startups.

“Indian law on granting patents for software is a gray area. In August, the Indian Patent Office interpreted the law to mean that if a software had industrial applications it could be granted a patent.”

“The lobbyists of the likes of IBM and Microsoft won’t be happy about it; neither will their patent lawyers.”The war is not over, but opponents of software patents bought some time and it seems apparent that their arguments are gaining traction among Indian politicians. This is great for Indian software companies. The lobbyists of the likes of IBM and Microsoft won’t be happy about it; neither will their patent lawyers.

Speaking of patent lawyers (parasites in the area of patents and often the couriers of large corporations with monopolies to protect), watch what patent lawyers based in Australia write about patent scope today [1, 2]. They are clearly upset that it’s not easy to patent software and “computer-implemented business methods” — whatever this may actually be (a combination of two controversial patent domains a la Bilski case). They’re whining about this down under in Australia. Curiously enough, no software developers who are Australian seem to worry; that’s because they don’t want such patents.

“Curiously enough, no software developers who are Australian seem to worry; that’s because they don’t want such patents.”In other patent news, two patent aggressors, Apple and Ericsson [1, 2], decided to stop fighting. As WIPR put it (based on this original statement):

Technology companies Ericsson and Apple have agreed to settle all outstanding patent litigation.

In an announcement today, December 21, both parties said they have inked a global cross-licensing agreement that covers standard-essential patents (SEP) owned by Ericsson and Apple and “certain other patent rights”.

Further details of the agreement were not disclosed, but both parties confirmed the deal will last for seven years.

Ericsson has been using patent trolls as satellites or proxies — a fact that we have supported/backed with extensive evidence in many of our previous articles (even years ago). Speaking of patent trolls, they too have a lot worry about right now. Over in Texas, the breeding ground of patent trolls, not only was the troll known as eDekka [1, 2, 3] stopped but it was also forced to pay. As Boing Boing put it: “The plaintiff-friendly East Texas district has long been patent trolls’ favorite place to file lawsuits, but one was so egregious that even their favorite judge has not only shut it down, but awarded costs against them.”

“It shouldn’t be overlooked that the large majority of patent trolls are using software patents.”WIPR wrote that the “US District Court for the Eastern District of Texas has dealt a new blow to licensing company eDekka, ruling that a claim for a patent covering a computer storage system, which it asserted against more than 200 companies, was “objectively unreasonable”.”

The EFF has meanwhile asked the court to extend such judgments, saying in its announcement: “Getting a patent demand letter from a troll can be a scary experience. The letters often include a lot of legal jargon, not to mention a patent that is often impenetrable (at least, not without hiring an expensive lawyer to translate it for you).

“But suppose you are concerned that the patent may impact your business. After trying to reach an agreement with the patent owner and failing, you may be told by your lawyer that the next step is to go to court.”

It shouldn’t be overlooked that the large majority of patent trolls are using software patents. By eliminating software patents we can actually help stop a lot of the trolls. Obsessing over trolls alone sometimes misses the point. We’ve repeatedly stressed this key point for at least half a decade now.

12.19.15

Patent Maximalism and the Patent Trolls Epidemic Which It Leads to Not a Problem for Patent Lawyers

Posted in America, Australia, Europe, Patents at 2:36 pm by Dr. Roy Schestowitz

Sometimes money is to be made by killing people, not helping people

Salk
[Via]

Summary: A roundup of recent articles and even paid-for press releases from proponents of software patents (and patents on just about everything) because they have nothing to worry about and patent wars (or patent stockpiling) is how they make money, regardless of the destructive outcome

THE patent maximalists, or those wishing to patent everything under the Sun (because they profit from it), are still occupying the media because everyone else is busy or apathetic.

An article in AOL, based on this press release, can be seen accompanying another press release titled “Stepes Files Patents for Its Chat-Based Translation Software”. These are software patents. They’re quite an epidemic in the United States and they should serve as a lesson for Benoît Battistelli’s EPO. This is why the US has so many patent trolls.

“This is why the US has so many patent trolls.”Remember AJ Park? It’s a firm that lobbied New Zealand for software patents at behest of rich multinational clients [1, 2, 3, 4, 5]. Here they go again promoting patents on business methods (closely related to software patents as per Bilski). AJ Park is based in New Zealand and Australia, where patent lawyers still bemoan the difficulty of getting software patents (Jack Redfern and Matthew Ward from Shelston IP Pty Ltd in this case) because the Australian government isn’t as easy for monopolists to corrupt. It’s not just an Australian thing; patent lawyers keep working hard to make shallow software patents possible to have granted in the US after Alice. They even issue new paid-for press releases and lobby for continued existence of software patents in the US (this one is from Mark Williams of Snell & Wilmer).

“It’s not just an Australian thing; patent lawyers keep working hard to make shallow software patents possible to have granted in the US after Alice.”As we noted here earlier this month, software patents have a lot to do with patent trolls. Texas, which we have been writing a lot about lately [1, 2, 3, 4], is proof of it. According to this new article: “U.S. courts are seeing a rash of lawsuits involving old and sometimes expired patents as companies try to squeeze the last bit of profits from their 20-year-old inventions.

“The patents sometimes end up in the hands of speculators who may go to court with infringement claims against other companies in the hopes of a big pay off — either by forcing settlements or going to trial.

“Xerox Corp., the office-copier pioneer now a target of activist investor Carl Icahn, has been transferring old patents for electronic documents and communications to outside firms this year. Those entities have since filed about 290 lawsuits against retailers, airlines, insurance firms and gaming companies — even though the patents had expired or will in a few years.”

Notice the role played by Carl Icahn, who helped Microsoft essentially kill Yahoo (he is still doing so). Also remember that Acacia used Xerox patents against Linux.

“Much like debt collectors,” said this EPO person, the above people are “buying old (often expired) debt claims to extort money to the unaware. Vultures. Parasites. Leeches.”

“It’s gratifying to see more complaints about patent trolls, but one way to tackle them would be to ban software patents, as a large majority of parasites and patent trolls rely on these.”Some of these types of leeches already come to Europe.

This patent maximalists’ site refers to trolls as NPEs and writes: “US tech companies have for years battled lawsuits against non-practising entities (NPEs), but now they are fighting back.

“A group of 24 amici curiae, including Adobe, eBay and Google, want to end patent law suit forum shopping – a tactic favoured by so called ‘patent trolls’.

“The group submitted a brief to the Court of Appeals for the Federal Circuit urging that a domestic corporation’s “residence” for patent-suit venue purposes, is limited to its state of incorporation.”

It’s gratifying to see more complaints about patent trolls, but one way to tackle them would be to ban software patents, as a large majority of parasites and patent trolls rely on these.

10.05.15

With Software Patents in Europe (and Pushes for the Same Thing in Australia and India) Patent Trolls Now Come to Europe, Attack Android/Linux

Posted in Australia, Europe, GNU/Linux, Google, IBM, Microsoft, Patents at 3:49 pm by Dr. Roy Schestowitz

The United Kingdom — and by extension Europe — now a platform of choice for some major patent trolls

Bridgewater Hall

Summary: Worst-case scenarios are becoming a reality as Android backers officially attacked by patent trolls using standard-essential patents in London, England

SOFTWARE DEVELOPERS across Europe hate software patents. Ask them. Seriously, just ask them. Programmers in general (with rare exceptions) don’t want software patents; they already have copyright law (or copyleft for Free software). It helps protect them and assert that their own work cannot be exploited/ripped off. That’s just the nature of software, which is a lot like poetry or musical compositions.

The Danish creator of Ruby on Rails (RoR), David Heinemeier Hansson, wrote the other day: “Software patents are a racket used by trolls/BigCos to shake down/stifle competition. If you file for patents, you’re arming the racketeers.”

“Programmers in general (with rare exceptions) don’t want software patents; they already have copyright law (or copyleft for Free software).”As we have shown here before, no software patents are “good”, hence there is no such thing as “bad patents” or “bad software patents” (a term often used by apologists of them, such as IBM). Patents in the hands of “good” companies are not secure either; they can be sold and fall into hostile hands. See Sun and Oracle for example (Sun patents are now being used against Linux/Android). See Novell’s patents, which fell into Microsoft’s hands through CPTN. There are many more examples like that.

“Software patents are a racket used by trolls/BigCos to shake down/stifle competition. If you file for patents, you’re arming the racketeers.”
      –David Heinemeier Hansson
RoR’s creator, a hugely popular developer (not just in Europe), said a couple of days ago: “Shame on Ericsson for arming a patent troll with a large stockpile of outdated yet weaponized patents for a cut” (he spoke about Unwired Planet).

For those who are not familiar with Ericsson and Unwired Planet, here is an article from 3 days ago. It makes everything quite easy to follow: “Unwired Planet Inc. has 16 employees and no products. What it does have is a portfolio of more than 2,000 patents, mostly acquired from Ericsson AB, which it says on its website are “considered foundational to mobile communications.” The Nevada-based firm wants more than just recognition.”

So a European company, Ericsson, is now the motor of patent trolls, much like Nokia after Microsoft took over. How did this happen? Well, we covered this over the past few years and we warned that this was going to happen, despite software not (officially) being patentable in Europe.

London is now serving as the venue for patent trolls, attracting the litigation ‘business’ just like Eastern Texas. Huge damages are at stake and the target is Free software, not some proprietary software, hence free distribution itself is being threatened. Believe it or not, this may have the same impact on Free software on phones in Europe as the FCC on Free software on routers/hubs in the US. The Ericsson-backed troll is now attacking Android (Free software and Linux-powered). Making it impossible to dodge the lawsuit, we are dealing with standard-essential patents (SEP) here, meaning that in order to conform with standards one must infringe. The patents boosters say that Huawei, Google and Samsung are the target of the lawsuit. To quote: “Tomorrow Unwired Planet is scheduled to begin a series of face-offs against Huawei, Samsung and Google at the Patents Court in London. At issue are alleged infringements of five standard essential patents (SEPs) owned by the NPE that were transferred to it as the result of a deal done with Ericsson back in 2013.

“London is now serving as the venue for patent trolls, attracting the litigation ‘business’ just like Eastern Texas.”“Over on the ARS Technica website, Joe Mullin talks about coming to a UK court being “a high-cost, high-risk scenario that’s unappealing to trolls”. He’s right. And that’s why trolls – whose business model is based on asserting poor-quality patents to leverage the high cost of US patent litigation to extract relatively low-cost, pre-trial, licensing-based settlements from alleged infringers – would never take a case as far as a courtroom in the UK (or anywhere else for that matter).

“Unwired Planet, though, is not a troll. It is a patent licensing business looking to secure a global agreement from entities it believes are infringing high-quality SEPs. It may not like trials (who does?), but it is not afraid of them because it feels it has a good chance of winning and is willing to pay to find out if it is right, especially as the ultimate prize is potentially a collection of eight or even nine figure global licensing deals. Seen in such a light, its choice of the Patents Court in London makes a fair bit of sense.”

The proponents of software patents, people such as IAM's biased (for their own financial gain) writers, helped patent trolls come to Europe. IAM said that “Unwired Planet patent suit in London against Huawei, Google & Samsung again shows Europe is now NPE venue of choice”. Patent Buddy, a more moderate voice, noted the importance of this: “Unwired Planet Will Fight SEP Suit Against Huawei, Google and Samsung in London, Not a US Court” (where this typically takes place).

It’s easy to see what patent lawyers find desirable here. They can make money from the legal aftermath and the proceedings themselves, irrespective of the outcome (who wins). Now that there are some software patents in Europe, authorised by the corrupt EPO, large companies are using loopholes and cheats to get more of them and then sue. As Patently German clarified the other day, “the German court essentially follows the EPO, the language even being a bit more generous” (but it’s the EPO that led to it, even back in Brimelow’s days).

“It’s easy to see what patent lawyers find desirable here. They can make money from the legal aftermath and the proceedings themselves, irrespective of the outcome (who wins).”Germany’s exceptional lenience on software patents granting was mentioned here this morning and it is likely to be a topic we will revisit in the near future. Jonas Bosson (FFII Sweden) wrote that “#TPPA is “all fields of technology” a trick force patents on abstract matters, such as math and data processing? http://en.swpat.org/wiki/Trans-Pacific_Partnership_Agreement …”

These terrible ‘treaties’ play a growing role in corporate takeover of Europe and based on this latest update, “The UK has joined the Unified Patent Court (UPC) protocol agreement, representing a ‘milestone’ for the country.”

Yes, a ‘milestone’ for corporations taking over the country and most of the continent it’s technically a part of.

The FFII’s President expressed his concerns earlier today by stating: “FSF, despite its 30 years, still spending too few of its resources on fighting software patents and the unitary patent court #FSF30″

Australia Dubs It “Innovation Patent System”

This whole software patents and ‘treaties’ chaos (laws rewritten in bulk) is becoming a growing problem not just in Europe but also in Australia, where activists like Sturmfels (mentioned before in [1, 2, 3]) oppose a push for software patents. The patent maximalists ridicule the likes of him with insulting weasel phrases and belittling words. To quote a new blog post titled “‘Free Software’ Advocates Aside, Submissions to IP Australia Overwhelmingly Support Innovation Patent System”:

Needless to say, such comments lack anything resembling either evidence or detailed reasoning. They also fail to address the fact that abolition of innovation patents would affect all industries, and not just the ‘software industry’ (whatever that may be), including those represented by other submissions in support of innovation patents. In any event, these near-identical submissions are so clearly the result of an orchestrated campaign that they can hardly be regarded as constituting independent contributions to the consultation process. Furthermore, they are at odds with the submission made by BSA | The Software Alliance as noted above.

Other parties making submissions in favour of abolition of the innovation system include Melbourne-based free-software advocate Ben Sturmfels, on behalf of a group of nine like-minded individuals, and Open Source Industry Australia Ltd, which argues that ‘abolition of the innovation patent system will be an important first step towards delivering a more efficient, effective and equitable patent regime for Australia’.

Even Microsoft front groups like the Business Software Alliance (BSA) play a role in the lobbying. To quote:

“BSA | The Software Alliance, which represents the global commercial software industry (counting among its members Adobe, Altium, ANSYS, Apple, ARM, Autodesk, AVEVA, Bentley Systems, CA Technologies, Cisco, CNC/Mastercam, DataStax, Dell, Intel, Intuit, Minitab, Oracle, PTC, salesforce.com, Siemens PLM Software, Symantec, Tekla, The MathWorks, and Trend Micro), and which argues that the innovation patent system should be retained, and improved in line with a number of the recommendations in ACIP’s original report”

The above are all proprietary software giants, hardly small businesses. It’s clear whose interests are served by monopolies on algorithms.

IAM Not Speaking for India

IAM is meanwhile returning to the situation in India, claiming that India’s small businesses want software patents (citing this article which doesn’t really focus on patents) and saying in Twitter: “Limited scope of patent protection, rather than cost, is what is driving high-tech Indian SMEs out of the country” (total nonsense).

“Microsoft reportedly lobbies regarding the UPC in Europe, despite being a foreign company with no personal affection for Europe.”The patent lawyers (like the people who operate IAM) want patent trolls and large corporations that hire them to just carry on with patent chaos because patent lawyers profit from it. This is true not only in Europe but also in the US. Watch how IBM is lobbying for software patents in just about every country, India included. The same goes for Microsoft and other patent aggressors. Microsoft reportedly lobbies regarding the UPC in Europe, despite being a foreign company with no personal affection for Europe. Microsoft is not a person. It is also treated like a V.I.P. by the increasingly corruptible (up for sale to corporations) EPO.

08.20.15

Blackmail and Lies From the Press and the Government of New Zealand Attempt to Sell to the Public a Deal That Broadens Patent Scope

Posted in Australia, Deception, Law, Patents at 8:22 am by Dr. Roy Schestowitz

More protectionism for more large companies, even those coming from outside of New Zealand

John Key

Summary: Corporate conquest or takeover of New Zealand culminates in empty promises from government officials and blackmail against citizens of New Zealand, especially the country’s dairy industry

THE DEBATE about software patents in New Zealand is very important because it set the tone for similar debates in Europe and Anglo-Saxon-dominated countries such as Australia and Canada. It usually revolves around lobbying from US giants against local companies in New Zealand. The lobbying is done through law firms and front groups, but sometimes it’s done more directly (risking backlash and brand erosion for the likes of Microsoft and IBM).

The fight is back in a big way and there are many articles in the local media, as well as the international media. The Institute of IT Professionals has just had the corporate media in New Zealand lobbying for TPP, as expected, despite it being an evil secretive deal, enabling more systemic looting by the world’s super-rich. Some myths and classic nonsense get propagated, but there is also criticism of the secrecy, for instance: “Despite some of the potentially positive matters outlined below, we still hold concerns about the detail – or rather, lack of it. As the negotiations are being held in private, the actual wording being negotiated is restricted to negotiators and other government officials only. This means we and others can’t undertake independent analysis of the impact of what is being agreed until negotiations are complete.”

Rob O’Neill, who has used his role at the CBS-owned ZDNet to fight back against software patents in his country, now explains “​How New Zealand’s software patent ban can survive the TPP”.

“Officials give assurances there will be no changes to software patents, ISP liability and parallel importation,” he wrote the other day. Does he really trust these officials given their terrible track record on other secrets? Remember how John Key repeatedly lied about surveillance. It was only when leaks came out (undoing the secrecy) that he had to respond like an angry brat, shooting the messengers rather than admit that he had lied.

It may sometimes seem like the corporate press helps raise scrutiny rather than help the corporations that own the media. Despite that, on the very same day IDG hosted (at ComputerWorld) a notable lobbyist these days for software patents (Martin Goetz). He is now treated as a guest author in this nonsensical piece denying the existence of patents on software, even if he’s just reposting there (plus some “NZ” added) what he very recently wrote for lobbyists of software patents in IP Watchdog (patent lawyers with an exceptionally big mouth). How dumb does he think the readers are?

The people who want software patents in New Zealand are basically blackmailing for changed laws, using sanctions in reverse. As Clare Curran (MP) put it the other day, “Will Groser trade NZ innovation 4 dairy? Software sector raises concern over patents 2 secure access 4 dairy products”

See this Australian article which supports what she wrote and take note of this article from New Zealand:

While not unanimous, there is strong consensus from the industry against software patents. “In a 2013 poll of over 1,000 New Zealand IT Professionals across the sector, around 94% of those with a view wanted to see software patents gone,” Taylor says.

“Following significant work by IITP and others, the Government agreed and modified the Patents Act to protect New Zealand technology firms from software patents in their home market.”

“The patent system doesn’t work for software. Research shows it’s near impossible for software to be developed without breaching some of the hundreds of thousands of software patents awarded around the world, often for ‘obvious’ work.

The government is of course lying and misrepresenting the opposition. It just wants this deal sealed and done for the plutocrats, some of whom are not even based in New Zealand at all. As one author put it the other day, alluding to Groser: “The government is also running the line that those same hard core anti-TPP protesters have opposed every single trade deal that New Zealand has entered. This is willfully deceptive in that it assumes the TPP is a free trade deal – when in reality, several of its most noxious provisions are anti-trade in that they entrench existing corporate advantage.

“Also, regular protest is necessary because successive “trade” pacts have included the same objectionable elements for well over 20 years. Almost identical investor-state dispute settlement mechanisms (which enable corporations to sue sovereign governments when they pass laws that infringe on profit expectations) have cropped up in mooted trade deals ever since the MAI (Multilateral Agreement on Trade) proposals in the 1990s. Eventually, the MAI was defeated by a mass mobilization around the world very similar to the anti-TPP protests today. It can be done.”

New Zealand is under attack. It’s not just affecting software professionals but also countries outside of New Zealand, which is why we hope that citizens of New Zealand will get involved and help crush TPP. The assurances given by government officials are just lies and a shallow form of deception whose purpose it to sell the deal. Once it’s signed there’s no going back.

08.13.15

Geographical Scope of Broadening Scope of Patents is Expanding With 1%-Centric ‘Globalisation’ and ‘Trade’ Deals

Posted in America, Australia, Europe, Patents at 5:31 pm by Dr. Roy Schestowitz

Summary: The plot to monopolise more of what is public (e.g. public domain, common knowledge) gradually unravels as people secretly (dodging public participation) congregate to centralise power structures, opportunistic predation, costly litigation, and enforcement of demands from corporations (like I.S.D.S.)

IT IS saddening to see that despite some patent progress which is being made in the US, owing for the most to SCOTUS*, other countries/islands/continents regress and essentially derail their own economy. It’s a class war waged between multinational corporations, i.e. plutocrats without borders, and everyone else, irrespective of nationality. It’s a large-scale heist cleverly disguised as harmonisation of national and international laws.

Not too long ago we explained how the software patents debate in New Zealand was being bypassed or worked around in secret. Some vigilant people caught this secretive ploy and alerted the media, calling for action while fighting back against software patents. Now there is a press release and resultant/accompanying media coverage from the local/national media, even ZDNet outside the country [1, 2, 3, 4]. Will this be enough? Well, it’s only the beginning of what could become a very long struggle. New Zealand has already devised the same loophole that Europe is sneakily using in order to allow software patenting, provided it’s tied to some unspecified device.

Speaking of Europe, the Unified Patent Court (UPC) ‘harmonisation’ ploy is well under way as here in Britain, without public consent (no referendum, no polling, not even a Parliamentary debate), the London division of the UPC [is surprisingly] announced”. Yes, the patent parasites (practitioners) just jump the gun and according to this report, “UK Intellectual Property Office has announced the new location of the London section of the Unified Patent Court.”

So UK-IPO basically ignores the standard authorities and procedures, just like the EPO‘s management. One might say that they virtually operate outside the law, much like the Mafia. They know what’s good for them and they don’t bother consulting the public. According to IP Kat, a blog of patent maximalists from London, the Enlarged Board (tackling EPO disputes) finally has something to reveal.

Just like these secret (and now notorious) ‘trade’ deals which we rarely write about (even though more is known about them now), these patent conspiracies (or collusions) serve to just enrich a meta-industry of people who profit from taxation of real practitioners — people whose practice is producing stuff like software and machines.
_____
* According to Patent Buddy, the SCOTUS ruling in Alice keeps squashing software patents. “New PTO eMod system,” allegedly (no link to the source), “seamlessly generates automated § 101 rejection on every appl’n, saving the PTO millions of $$ a year in exam costs.”

07.30.15

People of New Zealand Must Rise Up to Defend Sovereignty and Stop Software Patents

Posted in Australia, Law, Patents at 6:42 am by Dr. Roy Schestowitz

Corporations rely on people remaining ignorant, apathetic and docile like sheep

Sheep

Summary: The TPPA serves to override (launder) the law of New Zealand, allegedly legalising patents on software in the process

MUCH of the software patents debate in New Zealand happened 2 years ago and about 5 years ago. We also wrote about it the other day, having noticed revisionism in the media.

Well, software patents are now being pushed from the back door (bypassing public debate), as today’s ZDNet article serves to remind us:

Negotiations for the Trans Pacific Partnership Agreement appear likely to undo New Zealand’s ban on software patents.

[...]

The president of the New Zealand Open Source Society is “livid” that New Zealand’s Trans Pacific Partnership Agreement negotiating team appears to have already conceded the country’s newly-minted ban on software patents.

[...]

Lane said leaks of the negotiating position show that at one point only Mexico was holding the line on software patents and New Zealand appeared to have already conceded.

The implication is New Zealand’s new software patent law, passed just two years ago, will need to be reversed if the TPPA is inked.

“I think it would be fair to say that I haven’t seen any indication that there is anything positive for New Zealand in this at all,” Lane said. “The only motivation that I’ve been able to discern for taking part in the process is the somewhat dogmatic idea that if we are not part of this then we are going to miss out on something.”

It is clear that corporations and plutocrats always get what they want unless people fight back. We encourage people in New Zealand, not just software developers, to rise up and resist this injustice. It’s a nonviolent coup attempt.

07.28.15

New Zealand’s Media Gets History Wrong on Software Patents

Posted in Australia, Patents at 11:04 am by Dr. Roy Schestowitz

Summary: Setting the record straight on the fight against software patents in New Zealand

HALF a decade ago we wrote a great deal about the patents debate in New Zealand because there was serious risk of software patents invading another country. Being a Five Eyes country, if it happens in New Zealand, then it can be further expanded to Australia, the United Kingdom, and Canada, just like many oppressive laws, especially in recent years (because “terrorism!” or “ISIS!” or something like that). Colonial/imperialist legacy has plenty to teach us about manufacturing and exploitation of public panic to sway public opinion and thereafter change laws.

A new article from the press in New Zealand points out the relationship between lobbying for software patents and so-called ‘trade’ deals (protectionism for multinationals). Paul Brislen is quoted sparingly and it says the following: “The negotiations had been conducted in secret and the New Zealand IT industry was concerned.”

Yes, same thing happened when it came to software patents. Large corporations such as Microsoft and IBM lobbied in secret.

Another quote: “One of the biggest issues for New Zealand was the country’s patent law and the issues for copyright.”

Copyright is an interesting one. As we now know, based on the Kim Dotcom case in New Zealand, the US Department of Justice and the FBI now apparently reign over New Zealand.

Another quote: “Parliament passed a new law about two years ago because the previous patent legislation did not cover software and IP, Mr Brislen said.”

Plutocrats and their corporations never rest until they get what they want. It can be a constant battle for power.

Another quote: “The legislation was held up for a long time while the Government debated how to respond to lobbying to introduce a law which would devalue patents.”

Patents needn’t be “devalued”, many need to be abolished, especially software patents.

Last quote: “The industry lobbied the Government to say software should not be subject to a patent.”

Well, that’s what companies from New Zealand said, but not foreign companies like Microsoft and IBM, which also used their lawyers in New Zealand to pressure the government,

Don’t let the media (especially in New Zealand) rewrite history. Software developers from New Zealand did a fine job mostly (not entirely because a loophole was left in tact, just like in Europe) defending themselves from patent aggressors and software monopolists from abroad. The article has flaws in it, but at least it recalls a big and important battle over software patents — one that Europe and the US hardly even have anymore. All that the press talks about right now is “trolls”.

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