Bonum Certa Men Certa

Patents Roundup: CSIRO Slammed, TiVo Loses, WIPO Harms China, and Patents Do Yoga

Yoga - patent violator?



Summary: Latest signs that the patent system in China -- not just in the United States -- is sliding off the rails

CSIRO'S aggression with patents [1, 2, 3, 4] is a misrepresentation of CSIRO's funding source, namely the Australian public. Here is yet another criticism of what CSIRO is doing with its patents (mentioned before but republished elsewhere):

Wi-Fi patent has driven CSIRO money mad



[...]

When that grand old hoarder of intellectual property, IBM, promised in 2005 that it would make 500 patents in its 40,000-strong database freely available to anyone working on open source projects, it was applauded.

“This is exciting,” said famed Stanford Law School professor Lawrence Lessig, who is known for his strong opinions on the need to reduce copyright and intellectual property restrictions. “It is IBM making good on its commitment to encourage a different kind of software development and recognizing the burden that patents can impose.”

[...]

We should be applying the same standards to the CSIRO when it comes to patents as we did back in 2005 to IBM. To do any less will demean us and sully us in the eyes of our descendants.

To illustrate my point I encourage you to read an article published in the Sydney Morning Herald yesterday which details the CSIRO’s actions in attempting to enforce what it claims is its patent on the Wi-Fi technology which is used everywhere in modern society – from laptops to mobile phones to the Nintendo Wii.


GNU meditatesIBM's so-called 'promise' is not without its flaws, either. Sure, it's a lot better than what Microsoft is doing, but it's still no way to get rid of software patents, which are the root of this problem. A patent lawyer, Bastian Best, seems to have taken the Twitter account "swpats" (software patents), which was mostly used as a tag to protest against them. Bastian Best is now promoting these patents using the very same word that typically represented opposition to them. Is this opposition-jacking (or hijacking)? Either way, today he is promoting Microsoft's FAT case in Germany. It's the latest among Microsoft's many endeavours to legalise software patents in Europe and then sue or extort GNU/Linux vendors which are based in Europe (Canonical is based in the UK, for example).

Speaking of IBM (a software patents proponent which is also using GNU/Linux), its like-minded friend has just lost a very crucial case. Yes, TiVo lost once again and since software patents are all it has left to compete with, this had huge ramifications. The stock obviously fell (again):



The first report appears to have come from the Wall Street Journal:

Dish Network Corp. (DISH) and Echostar Corp. (SATS) scored a legal victory after the U.S. Patent and Trademark Office ruled that TiVo Inc.'s (TIVO) patent claims over its "time-warp" digital video recorder technology were invalid.


This was later covered in:



The rest of the news is not about software, but hopefully that illustrates just how ill the patent systems have become. For years we've been reading about the brewing patent litigation mess in China and here is the type of maze exported to China by WIPO:

June 3 marked the 30th anniversary of China's membership in the World Intellectual Property Organization (WIPO).

[...]

By the end of 2009, 7.22 million trademark applications had been filed, with 4.27 million registered, as trademark applications soared to 830,000. All three figures rank first in the world.


What a waste of productivity. When it's all over there is just a big pile of paper (or terabytes of data) containing different people's monopolies, which largely intersect one another and disregard prior art. What's the point of this cumbersome bureaucracy?

The patent systems are growing increasingly insane now that people want patents on clothes and even patents on yoga: [via Richard Stallman]

The "videographs" are intended to provide irrefutable evidence for anyone hoping to patent a new style of yoga that the Indians got there first. A previous effort to define yoga, based simply on translations of ancient texts circulated to the relevant authorities, had mixed results, so now they are trying again.

[...]

The campaign to safeguard India's rich heritage of medicinal art, craft and practice has already scored major victories, forcing European companies to reverse patents on the use of extract of melon, ginger, cumin, turmeric and onions for a range of health products. In each case Indian government officials were able to comb the new digital library to submit carefully translated excerpts from texts ranging from 19th century medical text books to 5th century manuals of traditional ayurvedic medicine to support their claims.

[...]

The campaign to preserve yoga as Indian has its roots in a bid several years ago by Bikram Choudhury, the self-proclaimed Hollywood "yoga teacher to the stars", to get his Bikram yoga style patented in the US.


Are dance moves patented yet? How about eating and breathing techniques? Is sleep also a patent? Is that an infringement yet? With genetic patents abound, just being born or even conceived is a potential patent violation. But hey, more patents mean more innovation, right? It's common sense, assuming you're a lawyer.

Comments

Recent Techrights' Posts

Links 19/09/2024: UPC Illegal 'Court' and Microsoft LinkedIn Called Out for Data Misuse
Links for the day
Gemini Links 19/09/2024: Invidious Problems and Install Times
Links for the day
Links 19/09/2024: Scam ‘Funeral Streaming’ and More Microsoft TCO Tales
Links for the day
In Sweden, GNU/Linux Almost 20% of the Laptop/Desktop Market, Firefox Falls to 2%
In the US, once a browser falls below 2%, many critical sites can legally ignore it (or its users' needs) altogether
When Microsoft Pays a Lot of Money to Reddit, 'Linux' Foundation, and Countless Other Entities
As does Google
A CoC Will Destroy Your Free Software Community and Help Imposers of CoC (Like Microsoft)
Abusers like to disguise censorship (of their abuse) as "manners" or good "conduct"
IBM Likely Breaking Several Laws With Latest 'Secret' Mass Layoffs
Never sign an NDA
Gemini Links 19/09/2024: Emacs Wiki and China, IRC Chatting
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 18, 2024
IRC logs for Wednesday, September 18, 2024
Links 18/09/2024: Web Server Survey Shows Microsoft Down Again, Omkhar Arasaratnam Leaves Microsoft-connected OpenSSF
Links for the day
Links 18/09/2024: Gaming Layoffs and New Openwashing by Linux Foundation
Links for the day
Gemini Links 18/09/2024: Home, Ashram, and Markdoc
Links for the day
Morale at Microsoft Sinking, More Layoffs Expected, Stock Buybacks Blasted
controversial because they should really be illegal
[Meme] Think. Positive. Saturate the Media.
IBM: Layoffs? What layoffs?
The Kubecost Acquisition Does Not Show IBM is Rich, It Shows It Wants to Distract From Mass Layoffs Happening This Week (Thousands Laid Off in the Dark)
So-called "news deserts" have become a national and international phenomenon (not local/regional)
IBM Has Been Lobbying for Software Patents, It's Not the Free Software Community's Ally
The ancient company has been lobbying for these patents for decades already
Over Half a Day Later the Media Still Doesn't Cover Thousands of Layoffs at IBM
Not even a single news site bothered to investigate and report this? Not even one?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 17, 2024
IRC logs for Tuesday, September 17, 2024
IBM Befriends and Exploits the Biggest Enemy of Software Freedom (Software Patents)
Software Patents and IBM in Today's News
Many Workers Quietly Leave Microsoft, the Company is Running Out of Money (Too Much Debt and Now Massive Buybacks to Keep the Shares From Collapsing While Hiding Humongous Losses)
I've heard of people who just decided to quit Microsoft. They could not handle the anxiety.
Links 17/09/2024: Volkswagen Layoffs May Exceed 15,000, Sean ‘Diddy’ Combs Arrested
Links for the day
Gemini Links 17/09/2024: Re-framing of Priorities and Journalists
Links for the day
The Linux Foundation is Associating Linux With Scams and With Scam Sites Right Now (Like the Wife of Jim Zemlin Did)
they profit from the sellouts
Mass Layoffs at IBM Today, Just Like Prominent Rumours Said Upfront
past couple of hours
Google's YouTube Already Blocking People Who Block Ads
YouTube feels like it's dying
Links 17/09/2024: More on Microsoft Cuts and XBox Backward Compatibility Issues
Links for the day
IBM is Acting No Better Than Patent Trolls, Preying on Smaller Companies by Suing Them With Software Patents
No Red Hat employee should tolerate this aggression by the employer
Something Has Gone Very Wrong at iTWire
"iTWire has descended into marketing spam"
The Hallmark of a Dying Company Running Low on Money (But Still Trying to Hide That)
Microsoft should look into selling red markers
UEFI 'Secure' Boot Has Put Security at Risk, Suggests New Report
We're vindicated once again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 16, 2024
IRC logs for Monday, September 16, 2024
Links 17/09/2024: China Sanctions and Breadth of Latest Microsoft Layoffs Elaborated Upon
Links for the day
Gemini Links 17/09/2024: Small Improvements in Carbon Capture and Pseudo-Productivity In Java
Links for the day