Bonum Certa Men Certa

New USPTO Director to Be Appointed, Bad News for Freedom

USPTOSummary: IBM person may be put in charge of an office that grants monopolies on algorithms

It's almost official now. David Kappos, whom we previously mentioned in [1, 2, 3, 4, 5, 6], may become the director of a Free software-hostile establishment, the USPTO. Kappos comes from IBM and here is a reference page from the USPTO's newly-redesigned Web site:

President Barack Obama on Thursday announced his intent to nominate David Kappos, an experienced patent professional with more than 20 years of experience, as the new Under Secretary of Commerce for Intellectual Property and Director of the U.S Patent and Trademark Office (USPTO).


IBM may be no foe of Free software, but it is no foe of software patents either, so there is a big conflict here and it proves problematic. TechDirt has the following new information:

theodp writes "The next time IBM CEO Samuel J. Palmisano is late for a big meeting and can't be reached via his BlackBerry, the other attendees will thankfully have a patent-pending way of finding him. In its just-disclosed patent application for a Method for Exploitation of Location Proximity to Derive a Location of an Employee in a Corporation, Big Blue describes an 'invention' of two of its PhDs that could be used to track Palmisano down - call or IM those who sit near Sam's office and ask if they've seen him. By the way, IBM VP David Kappos, who recently lamented the diminished quality of patents in the US, is a frontrunner to be the next Director of the USPTO - perhaps he could comment on the patent-worthiness of this invention."


FFII's president says that the "USPTO President [is] recruiting unpaid examiners." Putting it differently, he claims that "The Peer to Patent project aims to recruit unpaid examiners to legitim[ise] software patents and business method patents." According to the FFII's Web site, “Peer-to-Patent” is essentially a pursuit for free labour. In a way, "Linux Defenders" is similar, but Groklaw seems fond of the concept. Maybe it's better than nothing.

The core of the quality problem was already addressed by Tim O’Reilly and Jeff Bezos with their BountyQuest venture. The reason it failed is the basis for the FFII’s examination reform proposal.

In BountyQuest the examination fee was not paid by the polluter but by volunteering victims. It requires that one victim stands up and pays up on behalf of the public. All the other victims benefit as free-riders.

The FFII proposal shows how the incentives would need to be set straight if “peer2patent” examination is to work:



Privatize Examination, Make Bad Patenters Pay

The system of obligatory patent examination should be replaced by a system where patents are registered free of charge on the Internet, and examination is performed by private parties who, when they find an invalid patent claim, are entitled to charge an examination fee from the patentee

The European Patent Office has taken interest in the Gauss project and is preparing to build a similar wiki-based system.



Here is another new post: "The next USPTO Director & the Peer-to-Patent experiment"

Obama has chosen Patent Attorney David Kappos to be the next Undersecretary Of Commerce For Intellectual Property And Director Of The U.S. Patent And Trademark Office (USPTO). Here is an article related to a US-National Public Radio interview with Kappos (http://cairns.typepad.com/peertopatent/2007/08/david-kappos-on.html) that gives a good introduction as to why we should be excited.


People seem overly excited about this whole Peer-to-Patent scheme, but "The Peer to Patent project is sponsored by patent trolls such as Intellectual Ventures and Microsoft," warns FFII's president.

"Patent Troll Intellectual Ventures [will be] lobbying WIPO next 13 July in Geneva," according to this [PDF]. It did not escape the attention of the FFII. Microsoft's very own patent troll joins this debate having cooked a 'study' that defends the practice of patent hoarding and trolling.

Recent Techrights' Posts

[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
 
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work