Bonum Certa Men Certa

Lawyers Love Software Patents, Developers Do Not

The worship of Mammon



Summary: The latest examples of lawyers lobbying for software patents and the latest updates about the Bilski case

IT has been almost a month since we last addressed the situation of software patents in New Zealand. As we showed several times before, lawyers from New Zealand are very consistently promoting software patents over there, as opposed to developers (with the exception of multinationals like Microsoft).



We are still seeing the same trend this week. Guy Burgess, who describes himself as "a lawyer with an IT background practising in New Zealand," has just published this article without disclosing his stake in the matter. The headline is revealing: "Protecting IP in a post-patent environment" (the word "IP" as a substitute for "patents" and "protect" instead of "monopolise" or "block" is what solicitors often do).



Recently the Government announced its intention to adopt a select committee’s recommendation to “exclude software from patentability” – that is, to ban software patents. Where will the ban — if implemented — leave local software developers’ ability to protect their intellectual property?

How will the removal of software from patentability, if confirmed, affect the ability of local IT firms to protect the intellectual property in their software?


Patent WatchTroll, a crass lawyer and loud proponent of software patents, is waiting for the Bilski decision. He wishes to patent software not because he develops any but because he is greedy and like many other lawyers he makes money when people patent their software or sue someone else who develops software.

The question we need to ask ourselves is, who is this system for? Do we want a patent system that defends lawyers' income? Or is it better to assume that the patent system exists to encourage science and technology (as it existed before leeches arrives at the scene)?

The FSF, which represents developers rather than lawyers (the latter have all sorts of guilds), has sponsored a film which was watched over 100,000 times. It continues to receive a lot of attention, but whose attention exactly?

In the month since its release, the Free Software Foundation funded documentary film about software patents and the Bilski case, Patent Absurdity, has been viewed more than 100,000 times. But are the people we most want to influence in the debate seeing it?

The End Software Patents campaign is looking to identify the 200 people who are most influential to the software patent debate in the US, and are working with the well known venture capitalist and anti-software patent blogger Brad Feld to send a copy of the documentary film to them in the postal mail.

End Software Patents director, Ciaran O'Riordan said, "We’re looking for the key people in US patent politics, the software patent critics inside the big companies, the professors who support patents but might see why software doesn’t fit that system, and anyone else that might consider giving our position some support when the post-Bilski debate erupts."


There are some uncounted views in places such as film festivals. Here is another example:

FDL Movie Night: Patent Absurdity – How Software Patents Broke the System



[...]

Patent Absurdity takes a look at software patents, and makes what may seem to some to be radical points: That patenting software hurts innovation and harms inventors and consumers


Mike Melanson writes about Brad Feld's plan to mail this video to influential people (post sponsored by Microsoft, ironically enough).

If you have been working in the startup industry, then you may already be well aware of what venture capitalist Brad Feld calls "a massive tax on and retardant of innovation" - software patent litigation.

In his blog post this morning, Feld points to the circular court battles of companies like Apple, Nokia and HTC and the "ridiculous nature of software patents" as reason enough for all members of the startup community to take an interest in this topic.


Forbes has this to say about In Re Bilski (software is hardly mentioned):

As the Supreme Court issues its last decisions before the end of the spring session, intellectual-property lawyers have been asking: Where's Bilski?

This is the case that may deliver a knockout blow to business method patents, those patents that everybody from free-software zealots to conservative Republicans love to hate. Inventors Bernard Bilski and Rand Warsaw wanted to patent a novel method for hedging against weather-driven changes in energy prices, but the U.S. Patent and Trademark Office wouldn't even give them a hearing. The Supreme Court is expected to uphold that brush-off, and the big question is whether it will do so in a way that eliminates forever dubious patents like the infamous government monopoly Amazon.com obtained on one-click purchases.


Daily Finance says:

Legal Briefing: When Can You Patent Math? Supreme Court Must Decide



[...]

One of the most eagerly watched cases pending before the Supreme Court is Bilski v. Kappos, which will shape the scope of patent law in profound ways. Bernard Bilski and Rand Warsaw created and sought to patent a way of using complex math to hedge against demand-driven commodity price risk -- for example, helping a school system cope with heating oil prices spiking because an extra cold winter creates unusually high demand, or helping a fuel dealer handle the opposite situation. The Bilski/Warsaw idea is a "method of doing business by evening out risk among those in an ongoing economic transaction," as SCOTUSblog put it.


Subscription is needed to access some other articles on this important subject [1, 2] that may define the legality of Free software in the United States and Europe. Lawyers' sites have a special affinity for paywall (or "pay firewalls" that shut out opposition to their echo chamber).

The final decision is imminent. Let's hope that Bilski's patent is nullified along with software patents (although the latter may be open to doubt/debate, depending on one's judgment).

How far should we let patents go? From the news:

Synthetic life patents 'damaging'



A top UK scientist who helped sequence the human genome has said efforts to patent the first synthetic life form would give its creator a monopoly on a range of genetic engineering.

Professor John Sulston said it would inhibit important research.

US-based Dr Craig Venter led the artificial life form research, details of which were published last week.


Some people want patents on clothing (watch out, knitters). It's an endless trap which requires economic analysis. Economists say that the harms of software patents outweigh the perceived benefits, but that's not the story lawyers would tell. They hardly belong in this debate due to vested/conflict of interests where betterment of science gets excluded.

Recent Techrights' Posts

Links 28/09/2023: Preparing Red Hat Enterprise Linux 8.9 and 9.3 Beta
Links for the day
We Need to Liberate the Client Side and Userspace Too
Lots of work remains to be done
Recent IRC Logs (Since Site Upgrade)
better late than never
Techrights Videos Will be Back Soon
We want do publish video without any of the underlying complexity and this means changing some code
Microsoft is Faking Its Financial Performance, Buying Companies Helps Perpetuate the Big Lies (or Pass the Debt Around)
Our guess is that Microsoft will keep pretending to be huge, even as the market share of Windows (and other things) continues to decrease
Techrights Will Tell the Story (Until Next Year!) of How Since 2022 It Has Been Under a Coordinated Attack by a Horde of Vandals and Nutcases
People like these belong in handcuffs and behind bars (sometimes they are) and our readers still deserve to know the full story. It's a cautionary tale for other groups and sites
Why It Became Essential to Split GNU/Linux Stories from the Rest
These sites aren't babies anymore. In terms of age, they're already adults.
Losses and Gains in an Age of Oligarchy - A Techrights Perspective
If you don't even try to fix something, there's not even a chance it'll get fixed
Google (and the Likes Of It) Will Cause Catastrophic Information Loss Rather Than Organise the World's Information
Informational and cultural losses due to technological plunder
Links 28/09/2023: GNOME 45 Release Party, 'Smart' Homes Orphaned
Links for the day
Security Leftovers
Xen, breaches, and more
GNOME Console Won’t Support Color Palettes or Profiles; Will Support Esperanto
Reprinted with permission from Ryan Farmer
Let's Hope GNU Makes it to 100
Can GNU still be in active use in 2083? Maybe.
GNU is 40, Linux is Just 32
Today it's exactly 40 years since Richard Stallman sent a message regarding GNU
GNU/Linux and Free Software News Mostly in Tux Machines Now
We've split the coverage
Links 27/09/2023: GNOME Raves and Firefox 118
Links for the day
Links 27/09/2023: 3G Phase-Out, Monopolies, and Exit of Rupert Murdoch
Links for the day
IBM Took a Man’s Voice, Pitting Him Against His Own Work, While Companies Profit from Low-Effort Garbage Generated by Bots and “Self-Service”
Reprinted with permission from Ryan Farmer
Links 26/09/2023: KDE, Programming, and More
Links for the day
Mozilla Promotes the Closed Web and Proprietary Webapps That Are Security and Privacy Hazards
This is just another reminder that the people who run Mozilla don't know the history of Firefox, don't understand the Web, and are beholden to "GAFAM", not to Firefox users
Debian More Like an Exploitative Sweatshop Than a Family
Wiltshire is riding a high horse in the UK, talking down to Indians who are "low-level" volunteers in his kingdom of authoritarians, guarded by an army of British lawyers who bully bloggers
Small Computers in Large Numbers: A Pipeline of Open Hardware
They guard and prioritise their "premiums", causing severe price hikes due to supply/demand disparities.
Microsoft Deserves a Medal for Being Worst at Security (the Media Deserves a Medal for Cover-up)
There are still corruptible/bribed publishers that quote Microsoft staff like they're security gurus
Real Life Should be Offline, Not Online, and It Requires Free Software
Resistance means having the guts to say "no!", even in the face of great societal burden and peer pressure
10 Reasons to Permanently Export or Liberate Your Site From WordPress, Drupal, and Other Bloatware
There are certainly more more advantages, but 10 should suffice for now
About 200,000 Objects in Techrights Web Site
This hopefully helps demonstrate just how colossal the migration actually is
Good Teachers Would Tell Kids to Quit Social Control Media Rather Than Participate in It (Teaching Means Education, Not Misinformation)
Insist that classrooms offer education to children rather than offer children to corporations
Twitter: From Walled Gardens to Paywalls and/or Amplifiers of Fascism
There's moreover a push to promote politicians who are as scummy as Twitter's owner
The World Wide Web is Being Confiscated From Us (Like Syndication Was Withdrawn About a Decade Ago) and We Need to Fight Back
We're worse off when fewer people promote RSS feeds and instead outsource to social control media (censorship, surveillance, manipulation)
Next Up: Restoring IRC Log Pipelines, Bulletins/Full Text RSS, Wiki (Archived, Static), and Pipelines for Daily Links
There are still many tasks left ahead of us, but we've progressed a lot
An Era of Rotting Technology, Migration Crises, and Cliffhanging
We've covered examples from IBM, resembling the Microsoft world