Bonum Certa Men Certa

2011 Patent 'Reform': Change We Can't Believe in

David Kappos
Symbolic change at best



Summary: Why the so-called 'patent reform' is still somewhat is a sham; Apple continues to exploit the broken patent systems to block Linux sales

So as we mentioned yesterday, there is something called "patent reform" being passed for Obama to sign (all the links we cite by the way also contain a discussion about software patents). Thankfully, nobody in the press seems to be pretending that it really resolves much. Information Week has some details about it and the Washington Post does not say much. From the CNN there is the usual propaganda about "Sweeping patent changes poised to become law". Sweeping? Really?



This whole thing is more like the hijack of the term "reform" to mean not what everyone means by it.

A paywall-guarded site currently speaks of:

Potential upcoming changes to business method and software patents America Invents Act — H.R. 1249 €§18



Congress is currently on the verge of passing patent reform legislation.


As far as we know, no changes has been made to those types of patents. It was a wasted opportunity although no real opportunity was ever given to substantial changes. It's like asking a stubborn teenager to tidy up a messy room, whereupon the teen just sprays the room and calls it "job done".

While Apple is fighting for Android embargo using the most ridiculous claims and fake evidence (lots of prior art exists) there is at least a parody which helps show how insane this whole "IPR" system has become:

A German court has banned all TV sets and cars from being sold in Germany. A judge said, "They all look the same." The Court based this decision on the recent decision made by the Düsseldorf Regional Court. The court said that no other company other than Apple can sell tablets in Germany as it thinks all tablets look like the iPad.

The German court this morning upheld a ban on the Samsung Galaxy Tab stating that it looks too much like the iPad. The media around the globe has been providing evidence that not only Apple's design patent is invalid as there are examples of prior art, but also that it's completely different from the Galaxy Tab.


On a more serious note, "German Court Upholds Ban On Samsung Galaxy Tab" is the news, with Slashdot summarising it as follows: "It seems Samsung has finally lost the battle against Apple in Germany. Today the district court in Düsseldorf ruled that Samsung must not sell its Galaxy Tab 10.1 in Germany. Furthermore, it has banned Samsung Germany from selling the Galaxy Tab 10.1 anywhere in Europe."

As one USENET poster points out: "Will this stupidity never end? When will Apple fight competition on product value in an open market instead of resorting to bullying tactics in the courts?"

It is being reported that Android is about to beat iOS in terms of application downloads. This is the real reason Apple is suing. "Android to overtake Apple in app downloads" says the headline of the new article which has these numbers :

Android could notch 8.1 billion app downloads this year, compared with 6 billion for Apple's iOS devices. That marks an explosion of growth for both platforms; Apple had 2.7 billion downloads and Android recorded 1.4 billion last year. The total number of application downloads is expected to grow by 144 percent this year, Ovum said in a report issued today.


No wonder Mr. Jobs is angry. Apple is exploiting a broken system -- a system that should be fixed before it causes yet more damage. Cablegate has some useful material on the process of legislation the public is not allowed to know about (sensitive and/or classified "confidential"). Joy ahead thanks to Wikileaks.

Comments

Recent Techrights' Posts

The LLM Bubble is About to Implode, Gimmicks and Financial Shell Games Cannot Prevent That, Only Delay It
To inflate the bubble MElon is now doing the classic trick of buying from oneself for a fictional value
 
Links 30/03/2025: Security Breaches, Crackdowns on Dissent/Rival Politicians
Links for the day
Gemini Links 30/03/2025: London Soundtrack Festival, Superbloom, gmiCAPTCHA
Links for the day
Phasing Out Vista 10 in Nations Where ~90% of Windows Users Still Rely on It
Recipe for another Microsoft disaster
The Cost of Pursuing the Much-Needed Reform/Shield Against Strategic Lawsuits Against Public Participation (SLAPPs)
“It is curious that physical courage should be so common in the world and moral courage so rare.”
Links 30/03/2025: Contagious Ideas, Signal Leak, and Squashing Lousy Patents
Links for the day
Links 30/03/2025: "Quantum Randomness" and "F-1 Visa Revoked" in US
Links for the day
Gemini Links 30/03/2025: US as a Threat, Returning to the WWW
Links for the day
Links 30/03/2025: Judge Blocks Dismantling Of VOA, Turkey Arrested Many Journalists
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 29, 2025
IRC logs for Saturday, March 29, 2025
Judges Would Never Rule for Men Who Strangle Women or Against Women Who Merely Wrote Articles About Abuse They Had Received From Men
We don't intend to do "trial by media", so we won't be disclosing claims and defences until it's over
Windows is an Unnatural Disaster, It is Also Avoidable
there's a wide window of opportunity opening
Gemini Links 29/03/2025: Less YouTube and More Station
Links for the day
In Some Countries, Such as Thailand, Firefox is Already Measured at Less Than 2% (One Day Firefox Will Get Blocked, Not Only Lack Support)
Web consolidation around Chrom-isms will doom the Web as we know it
Killing the News With Spam and Slop Benefits Those Whose Desire is an Uninformed Population
adoption of Free software depends indirectly on political activities/activism
Links 29/03/2025: Trademarks Battles, Fires Destroy More Than 3,000 South Korean Homes
Links for the day
Open Source Initiative (OSI) Privacy Fiasco in Detail: An Introduction
Perhaps tomorrow or perhaps next week we'll share more information about what happened and what was reported to the California Privacy Protection Agency
Links 29/03/2025: More Crackdowns on Science, "Hey Hi" Slopping is Flopping
Links for the day
IBM's BS (Bait, Switch) Regarding Ways to Stay Onboard
PIPs, RTOs, and forced relocations are just an illusion of choice (or ability to recover)
Costa Rica Almost Bankrupt Because of Microsoft
the incidents in Costa Rica are Windows incidents
Gemini Links 29/03/2025: Art of Looking, Wireguard, EMacs
Links for the day
Links 29/03/2025: Attacks on Social Security and War Updates
Links for the day
Banned evidence: Ars Technica forums censored email predicting DebConf23 death, Abraham Raji & Debian cover-up
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 28, 2025
IRC logs for Friday, March 28, 2025
Intimidation, Threats, and Bullying Not Tolerated by Techrights
When it comes to our reporting, safety always comes first
A World Without Rules
We're long insisted on better laws and actual enforcement of them (applicable to all, not selectively applied)
statCounter Sees Microsoft Windows Falling to New, Unprecedented Lows in Palau
Taking Android into account, Windows is now down to an all-time low of 14%
Google News Lost the Fight to LLM Slop (While Google Itself Sells Slop, Nowadays Under the Name "Gemini")
Many people say that "Google is getting worse"; that's almost an understatement
Links 28/03/2025: AirAsia Trouble Again, UMich Culls All DEI Programs
Links for the day
Gemini Links 28/03/2025: Alexa is for Gullible People, Rant About Feature Overload
Links for the day
The SLAPPs From the Microsoft Strangler (and Sidekick) No Better Than Patent Trolling
one must never settle with trolls
Something to Celebrate in Gemini Protocol
More capsules and users join in
Links 28/03/2025: Last Reminder "to Delete Your 23andMe Data", "UK's First Permanent Facial Recognition Cameras Installed"
Links for the day
Microsoft Canonical Continues Its FUD (Fear, Uncertainty, Doubt) Campaign, Reveals Google Too Sponsored It
They're paid-for lies from a Chinese company that takes GAFAM money to write puff pieces about them
Android Rises Above 76% in Mozambique, Leaving Windows in the Dust
Windows may soon be measured as smaller than Apple's iOS
IBM, Red Hat and Microsoft Probably Also Manipulate Metrics (It Helps Con the Shareholders)
Wall Street's credibility will depend on enforcement of "checks and balances"
Slopwatch: trendhunter.com and Other Pure Junk From "Google News"
The need to vet sources is hardly new; anyone can spew out anything, anywhere. There's a need for vetting.
Gemini Links 28/03/2025: Rewatching The X-Files, Slop Concerns, and NOSTR Censorship
Links for the day
Links 28/03/2025: Australia at Risk, EPO Grants Illegal Patents With Illegal Effect
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 27, 2025
IRC logs for Thursday, March 27, 2025