Bonum Certa Men Certa

Patents Roundup: USPTO Grants Patents on Hotdogs and Harbours Pyramid Schemes, EPO in Transition, and Apple Turns Nasty

Hotdog



Summary: Signs of weakness or dis-servitude at the US patent office, Alison Brimelow is leaving, and Apple wants to be paid for a Linux platform it does not develop

THIS post assembles some key news about the patent systems and how they affects Free software.

USPTO



The USPTO shoots itself in the foot by going beyond the making of hamburgers and sandwiches as patents. Now there is a patent on hotdogs:

So when he heard about this new pediatric warning, he went looking to see if any of the hotdog makers were offering pre-hollowed dogs -- and instead discovered that in 2006 someone had applied for a patent on hollow hot dogs. Seriously.


According to this, things are bound to get worse, not better, because the US wants ACTA to cover patents as well.

Furthermore, the response confirms what became clear in the most recent leak, that the US sees ACTA as covering not just copyrights and trademarks -- but patents as well (though, some of the other participants are against including patents).


Then there are those who hacked the system, such as Ray Niro (inventor of patent trolling, who also bullies critics [1, 2, 3, 4, 5, 6, 7, 8]) and Microsoft's Nathan Myhrvold, the world's biggest patent troll.

"I've always treated Myhrvold's company with the greatest scepticism (I call them "Intellectual Vultures") and this report is extremely believable," says Simon Phipps, who caught up with the latest news (exposé) about Intellectual Ventures. "It fits in with the use of patents," he adds, "especially software patents - by companies like IBM, who hide their patent shake-downs behind confidentiality, out-of-court settlement and fine language about their community credentials."

EPO



André Rebentisch has this new post about "trade elitism".

Still you may wonder if EU trade policy always adheres to Free Trade objectives. In the field of IPR, in particular geographical indications, common policies are incompatible with a classic Free Trade agenda.


The head of the EPO is leaving after her mistakes. "Defining the limits of patentable subject-matter in "new" areas (life, software, business methods) is a source of unease," writes or quotes the president of the FFII, Benjamin Henrion. Based on IPJur, there is already a succession plan.

Earlier in May 2009 I had reported that Ms Brimelow is not going to apply for a second term in Office as President of the European Patent Office beyond her term ending in June 2010. After considerable woes, the Administrative Council (AC) of the European Patent Organisation (EPOrg) eventually managed to elect her successor by a 3/4 majority of votes on March 01, 2010.


This long paper [PDF] had Henrion write: "European and European Union Patents Court, a somewhat uninspired label abbreviated as the troglodyte-sounding acronym EEUPC"

A "Union" patents court is an indication of an attempt to mix or rather to negatively contaminate existing patent laws that protected Free software developers. It's policy laundering, just like ACTA.

Apple



Apple has decided to be a spoiled brat and attack Linux with software patents [1, 2, 3, 4]. According to this, Apple is aiming specifically at the Linux-based platform.

Commentators suggest that this action by Apple is actually targeted at Google's open source Android operating system, rather than relating just to HTC's smartphones. HTC is one of the most prominent handset manufacturers globally to have developed products based on the Android operating system, using it in its Hero and Nexus One phones.


Microsoft did something similar against TomTom. It's usually an indication that the plaintiff/aggressor is losing. "Popularity is killing Android," says the headline at The Inquirer.

AS ANDROID SWEEPS across the smartphone market like a wave of locusts over a land that is strewn with Windows Mobile devices cast by the wayside, Google's idealistic open source, embrace all attitude is starting to look naive.


TechDirt has written about Apple's sheer hypocrisy and dishonesty.

...Steve Jobs noted how Apple was "shameless about stealing great ideas." But in the announcement about the HTC lawsuit, he has a different perspective: "competitors should create their own original technology, not steal ours."


TechDirt also believes that Apple might face antitrust action for other reasons.

Apple's iTunes store has always dictated the terms of its dealings with record labels. As such, the largest U.S. music retailer has never censured the labels over marketing or promotion strategies.


Apple is not a nice company; it's probably not as bad to GNU/Linux as Microsoft is. Alas, it's important to avoid Apple products in order to sustain Free software and help it thrive.

Recent Techrights' Posts

FSFE: Donate to Us to Co-Fund With Microsoft the Unpaid Underage Labour, YH4F
Latest from FSFE
Links 07/09/2024: China's Financial "Bond" to Africa and Attempts to Postpone Trump Criminal Cases
Links for the day
Why We Are Suing Matthew J. Garrett for Harassment and Why It's Important to Everybody in the Community
There's a limit to how much abuse to me and to my family I can tolerate for the act of merely reporting on corporate corruption
 
No, Mastodon is Not Growing, Social Control Media is Generally Waning
Our sister site pulled the plug on the whole thing over a year ago, seeing it was mostly a source of online abuse
A Loss for Fake Security, a Win for Net Autonomy
Crucifixion of domains has been ramping up this past week; it's a cautionary signal
Links 07/09/2024: UK Police Raid Journalist's Home, Epoch Times Setbacks, and Karma
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 06, 2024
IRC logs for Friday, September 06, 2024
linuxsecurity.com is Still Spamming the Web
This is not harmless to Linux and it definitely merits a shun
Gemini Links 07/09/2024: Freedom in Bareness, Reactions in Addictive Social Control Media
Links for the day
[Meme] Confused Michael
Teaser...
Links 06/09/2024: Censorship of Sites by US, Hype Around LLMs Noted
Links for the day
[Meme] Hijacking the Brands
"Linux? Ah, you mean Microsoft!"
Google: We Help Combat What We Are Guilty of
The search itself is a conflict of interest
Linux Foundation Technical Advisory Board Has Election, But Google is Already Guaranteed Over 33.3% of the Seats ('Reserved' for It)
It has too much power/influence and it looks like a stacked panel
[Video] Theodore Ts'o Says How He Brought Linux to the United States (MIT) and What Makes Linux Leadership Effective
Microsofters keep attacking him
Layoffs Are Healthy and Not Happening
Good news for a change?
[Meme] Trickle-Down Ponzi Scheme
Where does money actually come from?
Considering Microsoft's Totally Fake Finances It Too is at Risk of Being Delisted From the Dow Jones Industrial Average and Other Indexes (NASDAQ, S and P) in the Near Future
Microsoft and Apple both had many layoffs this year
Asking Ourselves What Topics to Strategically Focus on
A lot of the tech media - if not "mainstream" media too - is already covering the growth of GNU/Linux
Media Needs to Stop Asking If "AI" is Just Hype (It Is, It's Not a Question)
The media should stop asking if the "AI" thing is bubble about to pop
Lots of GNU/Linux Detected in Palau and Windows Falls to New All-Time Low (14%)
Windows is falling further
Gemini Links 06/09/2024: Degoogling, LLMs, and ROOPHLOCH
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 05, 2024
IRC logs for Thursday, September 05, 2024
Links 05/09/2024: Starlink to Block Twitter (X) in Brazil, Ukraine Government Shake-Up
Links for the day
Gemini Links 05/09/2024: Going Vegan and Internet Office Hours
Links for the day
GNU/Linux and ChromeOS Still Moving Up in Africa
Chromebooks (with ChromeOS) aren't big there, but "proper" GNU/Linux is a fast-growing force
Links 05/09/2024: Apple Misleads UK Regulators, Microsoft Tries to Ignore Backlash Against Windows Ingrained CCTV
Links for the day
ChromeOS+GNU+Linux in Sweden Now Hovering Around 20%
It seems like Chromebooks are doing well enough in Sweden to bring up GNU/Linux usage to about 20%
Gemini Links 05/09/2024: ROOPHLOC, Source-of-Truth Problem, and Arrival of Autumn
Links for the day
Terms of Service (TOS) Under Scrutiny - Part XIII - RealVNC and What It Does in Practice
Some of these companies have financial objectives and they view users' behaviour/data as an "asset" they can sell for profit; do you wish to becoming their "client"?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 04, 2024
IRC logs for Wednesday, September 04, 2024