Bonum Certa Men Certa

Patents, Financial Collapse and Microsoft (News Roundup)

Software patents protest against EPO



Rocky Affairs



I HAVE JUST returned after 4 days away, so here is a summary of some events worth noting now that 'The System' is facing an unprecedented shakedown.



First and foremost, people's prediction or observation that the patent system is a ticking bomb for its exaggerated valuation of imaginary property -- much like mortgages -- is already a reality. Several months ago, one reader warned that the likes of Nathan Myhrvold (Microsoft's adjunct patent troll) cared not for their deadly impact on the economy but only for themselves. A year ago it was also predicted that this type of bubble would burst sooner or later.

Will the patent system trigger financial collapse in 2008?



This was the title of an article written one year ago. Here is the end, which is happening nowadays: "What does this mean for the patent system? David Martin points out that three separate bubbles are about to pop at the same time: consumer debt, mortgage debt, and patent debt. Each of these bubbles will cause enormous damage to those institutions who were over-committed, and most certainly to those who helped create the bubble. The patent offices will not go unrewarded for helping to create another Great Depression, by printing trillions of Euro worth of funny money."


As the photo at the top reminds critics of the system, patents have already 'blown up' in Europe where staff of the patent office have taken it to the streets. Here is another article about it, going back to the end of last week.

Around 250 staff took part in the strike and a march through Brussels demanding better governance of the EPO, according to the EPO staff union, SUEPO. A delegation met with officials from European Internal Markets Commissioner Charlie McCreevy's office the next day to outline their concerns.


Found in Digital Majority, here is the EFF's statement suggesting that the Department of Justice opposes the IP Enforcement Bill.

the Department of Justice has limited resources to dedicate to particular issues, and civil enforcement actions would occur at the expense of criminal actions, which only the Department of Justice may bring. In an era of fiscal responsibility, the resources of the Department of Justice should be used for the public benefit, not on behalf of particular industries that can avail themselves of the existing civil enforcement provisions.


That's the same Department of Justice which bailed out Microsoft several times before. It's part of a dysfunctional regulatory system that comes under fire right now for failing to react early enough to what had become a crisis, never mind preventing it. It includes the SEC, which is at the firing line at the moment having failed to spot misconduct at Novell and many other such companies (including SCO). The head of the SEC, who can be seen in this video, might be ousted by McCain shall the Republican candidate be elected, according to yesterday's issue of the Wall Street Journal, which had a very critical article about the SEC. Novell, for its part, sank below $5 again.

Microsoft Part of the Problem



Microsoft's patents strategy shows no signs of abatement or slowing down. Last week the company earned 52 patents in the United States, giving itself the illusion of progress (on paper only).

52 US patent applications published on 25 September 2008 and assigned to Microsoft


Microsoft also managed to sneak out of the deadly patent trial with Alcatel-Lucent. It's the same trial where Microsoft actually argued against software patents.

Microsoft is celebrating victory at the Court of Appeals for the Federal Circuit in its dispute with Alcatel-Lucent over two MP3 patents. According to US media sources, the company will not have to pay its rival the $1.53 billion in compensation demanded. The appeal court upheld the August 2007 District Court decision, which overturned the decision of the jury in the original trial in February 2007. Alcatel-Lucent had filed an objection to this verdict.


Summary of coverages can be found here. It's a victory not just to Microsoft but also to those who loathe software patents (not Microsoft).

Here is another very recent discussion on what can and cannot be patented.

Computer programs, mathematical methods, discoveries, schemes, rules or methods for performing mental acts and methods for presentation of information are excluded from patentability to the extent that they do not have an impact in the real world. In effect for software, the computer program cannot be claimed on its own - there must be a ‘technical effect’. The program must facilitate some other process, rather than embody the process itself.


India to Stay on the Safe Side



Indians are still fighting to maintain (or restore) some sanity in their system [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15]. They have many reasons not to mimic the system from the far west, especially now that it's breaking apart. An event is being organised and some readers might be able to attend or to help.

Several organisations in Bangalore are organising a meeting to discuss the dubious plans of the Indian Patent Office to adopt the same infamous 'technical effect' doctrine of the EPO. The Indian patent law is a copy/paste from the European Patent Convention, containing the 'as such' provision. The Patent Office said it would organise a public meeting, but it seems that organisations prefer to organise their own meeting.


Appended below is the announcement sent to us by the organisers of the event.

____ On behalf of the organizers, Free Software Users Group- Bangalore cordially invites you to

The National Public Meeting on Software Patents ====================================

==Venue==

2nd Floor, Ecumenical Resource Centre, United Theological College, Millers Road, Benson Town. (Behind Cantonment Railway Station) Bangalore–560046

==Time==

10:00–17:00 Saturday, October 4, 2008

Software patents in India occupy a contentious and indeterminate legal space. While recent amendments to the Patent Act have sought to bring our law in conformity with WTO-mandated standards, these amendments have shied from pronouncing conclusively on the patentability of software. The result is an equivocation in the law which is being wrestled aggressively and effectively by corporate interests, patent attorneys and the Patent Office in favour of granting software patents. Unheard, and so unrepresented in this powerful triad are the interests of millions of citizen-consumers who are either presumed too ignorant to be credited with a view on the issue, or are presumed to be irrelevant to the determination of issues which are seen as purely "business" matters (as opposed to "citizen" matters).

Software is everywhere you look (and many places you never think of looking). With the explosion of low-cost computing devices (think mobile phones and iPods), software has leaked out of its traditional home—the PC—and begun infiltrating various aspects of our lives. From traffic signals to toilet commodes in some countries, refrigerators to railway tickets, vacuum cleaners and electronic voting machines, TVs, refrigerators and electronic pacemakers, inanimate objects of all sizes are humming to themselves, chattering amongst themselves in an intricate, highly complex tongue called 'software' that few of us can ever hope to understand. On the impulses of software, we stop or move on streets, fill up on petrol, and elect governments. Someone's heart beats. Someone else receives land records on a village kiosk. Someone is standing by helplessly for fourteen years (the un-evergreened term of a patent) because software failed to factor in her disability.

There are big stakes involved in the control of software in an era when software is becoming increasingly central to the way we humans organize our lives and inhabit a democracy. At one level this is about preserving the right of agency and self-direction that citizens have in their own lives. At another, it is about the right not to be silenced when our long-fought democratic republic is at risk of being diminished by a few lines of software in a machine. Whether or not we are all in fact capable of deciphering software is inessential. Those of us who are ought not to be denied the freedom to interrogate, tinker and improve.

Patents have the effect of adding an additional layer of 'protection' to already existing copyright protection of software, while simultaneously overriding the various affordances and safeguards built into copyright law. For instance, the right of "fair dealing" under copyright law permits users to examine and modify any software in order to make it interoperable with other software. This is an extremely potent right that reasserts our right to intervene in the shaping of our surroundings. It is also one of the rights that is most imperiled by software patents.

The present "public hearing" on software patents is an invitation for dialogue on the various issue surrounding software patents. Although the Patent Office had scheduled a public consultation on its Draft Patent Manual to be held in Bangalore in August this year, that meeting was abruptly cancelled (or postponed indefinitely, or to an unannounced date—we can't be sure) without any reasons having been assigned by the Patent Office. This signals either of two unpleasant scenarios: first, the Patent Office is proceeding with its consultations in an extremely mechanical fashion, not intending inputs received in the course of these consultations to qualitatively impact their functioning in any way; or secondly, perhaps the Patent Office underestimates the amount that citizens living in the IT capital of India might have to say on the subject of software patents.

It is our attempt in this public hearing to organize the kind of consultation that the Indian Patent Office ought to have conducted. We hope also hereby, to serve as a gentle but firm reminder to the Patent Office that its task is as yet undone.

==Agenda==

1000–1100 Presentation on the principles of patent law and software patents

Sudhir Krishnaswamy (National Law School)

Prabir Purkayastha (Delhi Science Forum)

Nagarjuna G. (Free Software Foundation of India)

1100–1130 Discussion on software patents in the Indian context: Indian Patent Act, and the draft patent manual

Prashant Iyengar (Alternative Law Forum)

Venkatesh Hariharan (Red Hat)

1130–1150 Tea break

1150–1240 Discussion on patents and the development sector (freedom of speech, open standards, healthcare, biotech, agro-sector, etc.)

Sunil Abraham (Centre for Internet and Society)

Anivar Aravind (Movingrepublic, FSUG-Bangalore)

Others

1240–1300 Presentation on the software patents that have been granted so far in India

Pranesh Prakash (Centre for Internet and Society)

1300–1400 Lunch break

1400–1700 Open House

T. Ramakrishna (National Law School)

Abhas Abhinav (DeepRoot Linux)

Joseph Mathew (Special It advisor, Govt of Kerala)

Sreekanth S. Rameshaiah (Mahiti Infotech)

Vinay Sreenivasa (IT for Change)

Any others who wish to speak

==Organizers==

Centre for Internet and Society; Free Software Users Group-Bangalore; Free Software Foundation of India; SPACE; IT for Change; Alternative Law Forum; Delhi Science Forum; Movingrepublic; Sarai/CSDS; OpenSpace, ; Swathanthra Malayalam Computing; Servelots - Janastu; Mahiti; DeepRoot Linux; Wiki Ocean; Turtle Linux Lab; Zyxware Technologies; INSAF; Aneka

Software patents protest in India

Recent Techrights' Posts

Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
 
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025
Links 14/05/2025: Fentanylware (TikTok) Harms Kids, Russia Refuses to Defuse
Links for the day
Gemini Links 15/05/2025: Poseur Nerds and Mennonites
Links for the day
VS Code Is Not FOSS, And Neither Is the Site "It's FOSS"
VS Code is proprietary spyware of Microsoft, yet this site keeps promoting it like it's FOSS
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025
Gemini Links 13/05/2025: Apocalyptic Future and More
Links for the day
Unless a Third of All Microsoft Layoffs Worldwide Are in Redmond (Washington) Alone, Microsoft Has Just Lied to Everyone Via Jordan Novet in CNBC (i.e. the Usual Any Time There's Mass Layoffs and Novet Weighs in With False Numbers)
Maybe when Microsoft said 3% it meant ~6,000 or more in the US alone
McKinsey (McK) is Killing IBM, It's All About Killing This Goose, "National Sales Team 80% on PIP Now" (Preceding Layoffs Without Severance)
PIPs are not based on performance
Links 13/05/2025: Microsoft Breaks Windows Very Badly Again, Mass Layoffs Reported (But False Figures, It's a Lot Higher)
Links for the day
As Expected, Microsoft Uses Media Operative (Jordan Novet) to Downplay the Scale of Mass Layoffs
here we go
2025 Will be a Big Year For GNU/Linux on Desktops/Laptops
with an economy like this, people who don't live in rich countries won't turn to Apple
Signs of Trouble: Microsoft Job Openings for Jobs That Do Not Exist!
Keeping up appearances?
"Special Place in Hell" for Women Who Help Violent Microsofters From Another Continent Attack Local Women Who Did Nothing Wrong, They Just Got Bullied and Deserve Sympathy or Compensation
Nothing says "Brat" like men who attack women, right?
The Numbers Game: 50,000-60,000 Microsoft Workers Laid Off in 2.5 Years? And Debt Still Tripled Under Nadella.
under Nadella Microsoft's debt trebled
The Slow Death of Windows Will Mean the Inevitable Demise of Microsoft
Once people stop using Windows, it'll be hard for Microsoft to sell anything to them
Last Week's Public Talk by Richard Stallman Well Attended and Covered in Technical News Sites
and we're looking at about 60,000 Microsoft layoffs in 3 years
Gemini Links 13/05/2025: Shopping is an Exasperating Nightmare and Making Phones Minimal
Links for the day
23,000 More Microsoft Layoffs by the End of June If the Estimates Are Correct (In Addition to About 6,000 Layoffs So Far This Year)
There's no questions about many layoffs happening this month. It got leaked already. The only question is when (and also how many).
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 12, 2025
IRC logs for Monday, May 12, 2025