Bonum Certa Men Certa

Lawyers Try to Marry Free Software and Software Patents in Maastricht University (Brussels)

Fishing for money



Summary: Lawyers in Europe strive to net some extra money by promoting "interoperability" (with software patents) rather than making use of open standards

EUROPEAN lawyers are trying to repeat the mistakes of the USPTO, which is permitting the patenting of business methods, software patents, and other insane things that must never become one person's government-protected monopoly. Look at the latest numbers from the USPTO. There is clearly a gold rush when everything under the sun becomes patentable and examiners mistake that for "increased innovation" or whatever. From Patently-O:



The USPTO issued more patents during the past two weeks than in any fortnight in history. A primary driver of that upswing appears to be a dramatic rise in the allowance rate.


Lawyers who make a living by granting and managing people's 'ownership' of other people's lives are concerned about the Bilski case, which may axe many patents and limit their scope in the United States.

Betting on Bilski: The Supreme Court and Biotechnology Patents



[...]

Reviewing Bilski and the Biotech Patent Landscape. Recall that Bilski involves a form of method patent (the so-called “business method” patent) that claims a method of hedging commodities prices by setting up a relationship between a regular seller (a coal mine, for example) and regular buyer (a power company). The question is whether such a method constitutes patentable subject matter—that is, is the Bilski method the sort of “new and useful process, machine, manufacture, or composition of matter” that meets the standards of Section 101 of the Patent Act. In its 2008 en banc decision, the Federal Circuit established—or re-established, since it had been lurking in the case law for years—the so-called “machine or transformation” test for method patents. Under this test, the method must be tied to a particular machine (whatever that means) or transform some article into a different state or thing in order to qualify as patentable subject matter. According to the Federal Circuit, Bilski’s patent failed both branches of the test.

By contrast, in its 2009 decision in Prometheus v. Mayo, the Federal Circuit upheld a patent on “a method of optimizing therapeutic efficiency for treatment of an immune-mediated gastrointestinal disorder.” The method comprises “administering” a specified drug to a patient and then “determining” the level of the drug in the patient. The remainder of the claim specifies threshold levels of the drug’s metabolites (the chemical products of metabolism in the body) in the patient’s blood below which the dose should be increased (because of lack of efficacy) and above which it should be decreased (because of potential toxicity). The court found that both administering the drug and determining the metabolite levels (by withdrawing and testing blood) worked a sufficient physical transformation of the body.


Greed, greed, greed.

Those lawyers are always greedy for more and more patents. They don't care about the consequences as long as they enrich themselves through filing and litigation.

Obviously, lawyers in Europe want software patents. They don't actually develop any software, but it's not software they care about. It's all about money and Free software supporters stand in their way in Europe*. So what do they do? They have just set up yet another event whose overall message is something along the lines of, "why can't Free software and software patents just get along?"

Read the following new message (it's always posed as a series of suggestive questions. as in push polling):

From: Cristina Palomares Subject: REMINDER: Intellectual Property, Open Source, and Standards: Friends or Foes? To: [redacted]

Intellectual Property, Open Source, and Standards:

Friends or Foes?

Date: Tuesday, 1st June 2010

Time: 9:30-12:30

Venue: Maastricht University Campus Brussels, Avenue de l’Armée / Legerlaan 10, 1040, Brussels

The Institute for Globalisation and International Regulation at Maastricht University Faculty of Law and the Stockholm Network Intellectual Property & Competition Programme are delighted to invite you to a forum and debate on "Intellectual Property, Open Source and Standards: Friends or Foes?

The importance of standards to our societies is growing as technology moves into increasingly complex territories, and competing companies are inclined to establish common ground. This common ground helps to ensure that the assortment of technological possibilities is kept to a necessary minimum, whilst also establishing a widespread level of compatibility and quality. Standards offer a shared language that technologies use to communicate with one another, allowing for greater interaction between products or components. This can mean improved interoperability, interconnectivity, and commoditisation – all buzzwords for a more beneficial market.

“How should we consider the relationship between patents and standards, and what are the implications of not allowing standards to be protected by IPRs?”In the discussion on standards, a distinction (and at times even a dichotomy) is often made between standards based on proprietary efforts - which are to be protected by intellectual property rights - and standards that are based on collaborative or open efforts - such as via an open source. Indeed, there is a heated Europe-wide debate on the nature and characteristics of future technological standards, not least in the context of government procurement and policies in this area (such as the Expert Panel for the Review of the European Standardization System).

This event aims to address some of the burning issues in the standards debate. Key questions to be discussed include: Should standards be based on open-efforts or on proprietary models? Should countries in Europe opt for a more specific model of standardisation? How should we consider the relationship between patents and standards, and what are the implications of not allowing standards to be protected by IPRs? Is the dichotomy between open and proprietary standards at all justified, or are these types of standards in fact complementary?

Speakers include (in alphabetical order):

Ms Helen Disney, Chief Executive, Stockholm Network; Malcolm Harbour MEP, Chairman of the Internal Market and Consumer Protection Committee, European Parliament; Prof Anselm Kamperman Sanders, Director Masters Intellectual Property Law and Knowledge Management, Maastricht University Faculty of Law; Dr Meir Perez Pugatch, Director of Research, Stockholm Network & Senior Lecturer, University of Haifa; Dr Dalindyebo Shabalala, Assistant Professor, Maastricht University Faculty of Law; Prof Alain Strowel, Universitaires Saint-Louis et Université de Liège; Prof Damien Geradin, Partner at Howrey LLP and Professor of Competition Law and Economics at Tilburg University.

***************

To RSVP please contact Dr Cristina Palomares, Chief Operating Officer, Stockholm Network on T +44 20 7354 8888, F: +44 20 7359 8888 or via e-mail on: cristina@stockholm-network.org



Speakers who are software developers are conspicuously missing. Whose agenda is being served here? See what we wrote about Europe's Digital Agenda in recent days [1, 2, 3]. The agenda above jives the same way.

People should boycott this event. It's apparently just a ploy to push for software patents in Europe, quelling those who oppose. A fair event would not be stacked by its attendees. ____ * Small- and medium-sized businesses generally suffer from software patents, but they can tolerate patent encumbrances if they are proprietary software companies.

Recent Techrights' Posts

'Official' Debian Sites That Sell Proprietary and Surveillance
"Azure API throttling strikes back"
The Latest Microsoft Layoffs Are a Wake-up Call: The Company is Running Low on Money
in most areas it is not even profitable
Software Freedom Month at NITK Surathkal and Yesterday's Talk by Richard Stallman
the message being spread by the person who started it all
Richard Stallman Has Another Talk in India Tomorrow, at Least Fourth India Talk in Recent Days
In the past month he has given at least half a dozen talks
GNU/Linux Reaches All-Time High in the United States, Based on statCounter
Windows is the loser; GNU/Linux grows at its expense
statCounter Reckons Less Than 10% in Mexico Still Use Windows to Access to Web and GNU/Linux Surges to All-Time High (Plus, Microsoft's Latest Debt Crisis)
Looking at Mexico in isolation
 
Free Software Foundation, Inc. (FSF) Still Raising Money, Richard Stallman Contributes
total exceeding $430k
Just Because People on Top of the Microsoft Pyramid Made a Lot of Money Doesn't Mean Microsoft is Wealthy
The bigger they are the harder they fall
A Lot of Stuff About "Linux" in Google News is LLM Slop, Fake 'Articles'
It seems to be getting worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 04, 2025
IRC logs for Tuesday, February 04, 2025
statCounter: Only 1 in ~40 Web Users in Ireland Uses Microsoft Browser, One in Six Uses Windows
When/if Windows market share goes down, so will Edge
Links 04/02/2025: Social Control Media Bans and US Fighting Its Allies, Not Russia
Links for the day
Links 04/02/2025: Birth of a Calf, FOSDEM, and More
Links for the day
Anti-Linux FUD Sites cybersecuritynews.com and gbhackers.com Turn Out to be LLM Slop, Even Plagiarism That Spreads Lies
Beware false headlines and fake text from cybersecuritynews.com and gbhackers.com
BetaNews Began Removing LLM Slop About "Linux", But More of It Keeps Coming From Guardian Digital, Inc (at linuxsecurity.com)
the other Serial Slopper, Guardian Digital, Inc
Mollamby, Suicide Cluster, not trademark, the real reasons for Debian legal expenses, evidence
Reprinted with permission from Daniel Pocock
Links 04/02/2025: Mass Layoffs at Salesforce, Economic Pressures, Trade Wars
Links for the day
[Video] Richard Stallman Auctioning a GNU (Gnu) at Surathkal, India
clip is only a minute-long
statCounter: GNU/Linux and ChromeOS Now Measured at 2.78% in Japan (It Used to be Less Than 0.5%)
really 'took off' half a decade ago
LLM Hype (Chatbots Hyped and Wrongly Characterised as "Artificial Intelligence") Cause Net Inflation
Net as in Internet, not limited to the Web
It Looks Like BetaNews' Managing Editor Wayne Williams is Taking Over From Fagioli After Repeat Pattern of LLM Slop (State-of-the-Art Plagiarism) About "Linux"
The most plausible explanation is, Fagioli got caught or his conduct could no longer be ignored
From India to Italy: Richard Stallman's Next Talk is Next Week in Torino
Announced less than a day ago
Corporate Media is Intentionally Lying for Microsoft, There's Now a Hiring Freeze, No Replacements for Workers Laid Off in Two Mass Layoffs Last Month
Maybe the media - at least some of it - actually deserves doom. If it covers up for the powerful to muzzle and gaslight the oppressed, then what sort of media is that anyway?
Gemini Links 04/02/2025: Tolkien and New Job
Links for the day
Covering EPO Scandals in an Age of Mass Censorship (and Europe Being Afraid to Introspect, for It Might "Help Putin")
It was all along expected that "external enemies" would be invoked to suppress discussion about EPO crimes
Facebook Finally Admits That It Censored Linux and Banned People for Mentioning It; statCounter Shows Rapid Growth for GNU/Linux in Southeast Asia
So GAFAM is losing its power
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 03, 2025
IRC logs for Monday, February 03, 2025
Links 03/02/2025: Recent Security Holes and Environmentalism
Links for the day
Gemini Links 03/02/2025: X-less English Alphabet and antiX
Links for the day
All Efforts to Censor Techrights Have Always Failed
In 2026 We can make it to 20 years of source protection
Microsoft Bing Lies
When they say "China" or "DeepSeek" censors things don't lose sight of Microsoft
Disappointing 'Results' and Mass Layoffs (Without Severance Pay) Sank Microsoft, But It's a Lot Worse Than Shareholders Care to Realise
People are losing their patience
statCounter: In Web Browsers, Microsoft Collapses to Worst Levels in 2 Years!
Microsoft nowadays insists that it is a "market leader" in a market that does not exist
statCounter: Apple's iOS About to Exceed Windows in Terms of "Market Share" (Despite Windows Being 'Sold' for Less)
Vista 11 is only about 5% of the "market share"
statCounter: GNU/Linux Reaches New All-Time Highs in Brazil and Argentina, Android Has Reached 60% in South America
Microsoft cultivating buzzwords and cult-like thinking, not real products
The Media Does Not Properly Report Microsoft Profits and Losses (It's Partly Intentional)
So how many Vista 11 (preloaded) copies were sold with new PCs?
Links 03/02/2025: Microsoft's Termination Controversy and EU Hey Hi (AI) Act Compliance Day
Links for the day
It Seems Like BetaNews is Finally Deleting Fake 'Articles' About "Linux" by LLM Slop (aka Brian Fagioli)
Is BetaNews finally taking these problems more seriously?
Gemini Links 03/02/2025: Art is Process, Smartphones, Internet, and More
Links for the day
Links 03/02/2025: USAID Under Attack, Vista 11 Breaking Itself Again
Links for the day
Copyleft is the Way to Go (Unless You're an Unpaid Volunteer of GAFAM)
The GPL 'family' of licences is very old and those licences were last revised in 2007
statCounter's Numbers Make Sense Given Microsoft's Falling Windows/Client Revenue
There are already articles (some last week) saying that XBox should just be ended
About 1 in 10 Laptops/Desktops in Venezuela and Cuba Uses GNU/Linux
statCounter says GNU/Linux now exceeds 10% in Cuba
At Microsoft, Promoting Back Doors, Proprietary Lock-in and Mass Surveillance Under the Guise of Diversity ("Microsoft Philanthropy Team")
Microsoft staff enters NGOs to lobby for Microsoft and sell for Microsoft
statCounter: Android Share in Operating Systems, Per Country
Towards the bottom there are poorer countries
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 02, 2025
IRC logs for Sunday, February 02, 2025
statCounter: New Record Highs for GNU/Linux in Its Birthplace
So Microsoft is in a tough place
statCounter: In Canada, New Lows for Windows and Bing is Perishing
Windows has fallen to about 60% in desktops/laptops