Bonum Certa Men Certa

How India's Legal Rule Regarding Patents Gets 'Regulated' by the West, Facebook is Hoarding Software Patents

Monument



Summary: Microsoft lobbying group is working to change India's patent law; Facebook reportedly spends $40 million on buying monopolies on social networking

ONE topic that we covered extensively last year and in 2008 is the policy in India regarding software patents.



According to this fascinating new report, there is colonisation through the legal system, which is not entirely surprising given the presence and function of companies like Infosys too.

Powerful industry lobbies, domestic and foreign, are tutoring our judiciary on how to resolve patent disputes

FOR some time now, industry lobbies in India have been on a patent high. Seminars, workshops and road shows galore have been hosted across the country to make India a ‘patent-conscious’ nation, that is, to turn Indians into a people who will respect intellectual property (IP) rights to a fault, but is actually a campaign geared to effecting legislative changes that entail higher levels of patent enforcement. It has been a tremendous enterprise with no let-up in energy or ideas, an initiative that gets plenty of backing from the US embassy which has a zealous official of the US Patent and Trademark Office (USPTO) posted in Delhi as the first secretary for IP.

US academia, too, is heavily invested in this herculean task of educating Indians of various callings, but primarily from those professions that matter: judges and patent attorneys and the media. And no amount of public outrage here or in the US itself has dampened the enthusiasm of industry lobbies for ‘sensitising’ the Indian judiciary on the intricacies of patent law interpretations. Why is it that our judges are considered deficient in this area and not, say, in industrial disasters, forest rights environmental hazards, or the complexities of Special Economic Zones? Even more offensive is the objective of one of America’s self-appointed examiners of India’s patent laws, George Washington University, which says its India Project aims to see if India’s Patent Act is actually “in compliance with Indian constitutional standards”!

[...]

Also making a presentation was the Business Software Alliance, the grouping of software industry giants like Microsoft and IBM, which is under fire for its figures of software piracy that are based on flawed methodology and are therefore highly exaggerated and make misleading claims about its impact on the overall economy.


Yes, that's the BSA, a Microsoft lobbyist for software patents. Why does the USPTO (and lawyers who orbit it for cash) need to intervene in another country's affairs? We wrote about this in relation to New Zealand.

No patent system has encouraged the practice of patent trolls like the USPTO has done and one frequent victim/abuser is Facebook, which is reportedly hoarding patents right now.

Facebook Buys $40 Million Worth of Social Networking Patents



Facebook has acquired a broad set of patents on social networking covering the basic functions of just about any social app, ranging from friend lists to the news feed.


We have already criticised Facebook's patent policy [1, 2]. Facebook's founder has been in touch with Microsoft's patent troll (although in other articles too we fail to find a direct link between this troll and Facebook's acquisitions [1, 2]).

Patents are not about innovation. As Thomas Edison teaches us, patents are about hoarding; it's a businessman's thing.

"Kildall took me aside once, about '83. [He started] talking about Apple. He opened this door, and I saw the bitterness: 'Steve Jobs is nothing. Steve Wozniak did it all, the hardware and the software. All Jobs did was hang around and take the credit.'" Cooper was not blind to the implications of this. Kildall resented that Gates, this dropout, this businessman, was getting credit for things that Kildall had invented. "All of a sudden there was this cauldron of resentment. It must have tortured Gary that Bill Gates [got all the credit]."

--Gaby's Homepage for CP/M and Computer History



Recent Techrights' Posts

Microsoft Windows Falls to 19% in Congo, Only About 1 in 8 Windows Users (or 2-3% of Web Users) Are on Vista 11
The estimated share of Vista 11 fell sharply this past month
Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
 
Another Case Study Regarding Edge's Death
people adopt Chrome and a lot more people use obscure browsers than adopt the latest Edge
[Meme] A Question of Interests
'The Internet? We are not interested in it.' -Bill Gates, 1993
In the Romanian Browser Market, Microsoft is the 2% (Edge Down to 2.3%)
the Wintel era has ended
Gemini Links 17/08/2024: Selfishness and Offline BBSing
Links for the day
Frans Pop & Debian Day 2024: 31 years of deception and modern slavery
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 16, 2024
IRC logs for Friday, August 16, 2024
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024