Bonum Certa Men Certa

Novell Still Validates Software Patents by Applying for More

Summary: A discussion commences with Novell's attitude towards software patents and proceeds to the situation in Europe and elsewhere

IT IS hardly news that Novell is part of the software patents problem [1, 2]. It keeps applying for more and more of them and here is the very latest from the news:

System and method for staggering the start time of scheduled actions for a group of networked computers, patent No. 7,533,188, invented by Thomas Greger of Lehi, assigned to Novell, Inc. of Provo.


That's in the US, which as far as software patents are concerned is almost a lost cause (bar Bilski). Looking over at Europe, which is in a bad shape right now, Novell did not submit anything in opposition to software patents (even I did so as an individual). Novell simply does not care or does not oppose software patents (consent by silence for PR considerations), which it uses to its advantage. It's a bit of a farce, even for a self-proclaimed mixed-source company. Here in the news we find others who are misusing the word "open" to characterise closed pools of monopolies with plenty of patents. There is nothing "open" about it.

There is actually a lot more to be concerned about at the moment. Also in Europe, we're finding two good reports from IPJur.com, which warns about a new type of monster:

i. PCT II - A Step Towards A 'World Patent'?

Recently WIPO has published Document PCT/WG/2/12 for the second session of the PCT Working Group to be held in Geneva from May 04 to 08, 2009.

The above-cited document contains a proposal by the United States Patent and Trademark Office (USPTO) for a comprehensive revision of the international patent system which would result in the establishment of a new Patent Cooperation Treaty, PCT II....According to the Document it is envisioned that applications receiving a positive report at the end of the international/national processing would essentially result in automatic patent grants in all member States.


ii. Further News Concerning the EU Project 'Enhancing The Patent System In Europe'

With Document 9549/09, on May 08, 2009, the Czech EU Presidency has addressed the EU Permanent Representatives Committee COREPER (Part 1) concerning the preparation of the EU Competitiveness Council of May 28 - 29, 2009 with regard to the project titled Enhancing the patent system in Europe concerning:

* Proposal for a Regulation of the Council on the Community patent, and * Draft Agreement creating a Unified Patent Litigation System.

At its meeting on December 01, 2008, the EU Competitiveness Council had taken note of a progress report prepared by the French Presidency (Document 16006/08) and instructed the Working Party to continue work on the patent litigation system and the Community patent with a view to finding solutions and reaching agreement in both areas as soon as possible. In line with this Council mandate, the Czech Presidency has convened six Working Party meetings so far, with about equal time having been devoted to the unified patent litigation system and the Community patent.


The "Community patent" is an ongoing problem which is a threat to the real community (Free software community). A euphemisms-filled language is very deceiving, and it's intended to be so. As this one person put it some days ago:

I think European government should be aware of this wolf in sheep’s clothing that patents may be for medium and little companies and they should avoid software patents to be approved.


To recommend some other new write-ups on this subject, here is an academic paper about patent trolls.

While each patent dispute is unique, most fit the profile of one of a limited number of patent litigation stories. A dispute between an independent inventor and a large company, for instance, is often cast in “David v. Goliath” terms. When two large companies fight over patents, in contrast, they are said to be playing the “sport of kings.” Some corporations engage in “defensive patenting” in order to deter others from suing them. Patent licensing and enforcement entities who sue have been labeled “trolls.” Finally, observers of the patent system call the use of patent litigation to impose or exploit financial distress “patent predation.”


Further to Intel's Grove spilling of the beans on the patent bubble, here is one reaction from a Microsoft MVP -- one who may have taken pride in his beloved company's misguided direction.

Last Saturday night there was a star laced event which included all of the big wigs of Silicon Valley. The guest speaker was a the former CEO of Intel, Andrew Grove, who painted a picture that Silicon Valley could be heading the way of Wall Street.


That comparison to Wall Street would probably be suitable. We wish to recommend the following famous documentary called "Money As Debt". It is a must-see for everyone because it explores an important subject which remains a taboo.





Recent Techrights' Posts

Google, FSFE & Child labor
Reprinted with permission from the Free Software Fellowship
[Video] Trainline Finally Issues a Refund, But It Took 9 Days and Showed How 'Modern' Systems Fail Travelers
They treat people like a bunch of animals or cattle, not like valuable customers
 
Links 13/04/2024: Whistleblowers, OpenAI and Microsoft Leakers
Links for the day
'Our' Technology Inside the Home is Becoming Less Reliable and It Implements the Vision of Orwell's '1984' (Microphones and Cameras Inside Almost Every Room)
Technology controlled by who exactly?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 12, 2024
IRC logs for Friday, April 12, 2024
Links 13/04/2024: Huawei and Loongson PCs, IBM Layoffs
Links for the day
Gemini Links 13/04/2024: Specification Changes and Metaverse Newbie
Links for the day
Links 12/04/2024: Big Brother in the Workplace and Profectus Browser Alpha 0.3
Links for the day
WIPO UDRP D2024-0770 Debian vendetta response
Reprinted with permission from Daniel Pocock
Links 12/04/2024: Reporters Without Borders Rep Kicked Out of Hong Kong
Links for the day
Gemini Links 12/04/2024: Funny Thing, Manual Scripts, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 11, 2024
IRC logs for Thursday, April 11, 2024
DebConf22 Kosovo segregation of women exposed
Reprinted with permission from disguised.work
Links 11/04/2024: Web Diversity and More Crackdowns in Russia
Links for the day
Gemini Links 11/04/2024: Activity and Motivation in Geminispace, gwit Implementations
Links for the day
First They Came for Iranian Developers...
Red Hat/IBM and 'cancel culture'
[Video] A Debian Project Leader Needs to Also be a Technical Project Leader
We do not vouch for one (or none) horse in this race
Aggressive Efforts (and Threats) for Those Who Speak About What Happened in the Balkans
Acting in this way in an effort to censor people typically results in a second scandal on top of the original scandal
How Kosovo won DebConf21
Reprinted with permission from Daniel Pocock
[Video] How the Media Blamed SSH and Linux (for Nearly a Whole Fortnight!) Instead of Microsoft's GitHub and Systemd
Microsoft-connected sites have said a whole bunch of lies
Anzacathon: a hackathon for Anzac day at home
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 10, 2024
IRC logs for Wednesday, April 10, 2024
On Julian Assange, Now 5 Years in Belmarsh Prison: The Good News, the Bad News, and Ugly Noise
Some time this spring (or summer) we'll revisit the Appelbaum case