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 Word About the Upcoming Talk by Richard Stallman - Scheduled for Friday This Week - Has Spread ("The Cost of Freedom," Lausanne, Switzerland)
So the word is spreading
Microsoft Front Group Starts the Year by Championing Underage (or Child) Labour
the fake 'FSF'
Chatbots Are Not Data-Driven, They're Human-Censored and Rely on Wage Slaves (and Sometimes Unpaid Volunteers)
This is the Microsoft wage slavery
 
Links 13/01/2025: Conflicts, Prisoner Exchange, and Homes on Fire
Links for the day
Angola: Microsoft Windows Falls Below 10%
Microsoft has a really bad 2024 in Africa
[Meme] Twitter ("X") Has Been Grooming Radicals Since 2022
Musk's very own "grooming gang"
[Meme] What Free Speech Ought to Mean
It does not sound like RMS suggests anything other than quitting social control media
Gemini Links 13/01/2025: RestFest, Yule, and Deedum
Links for the day
Modern Web Browsers as Web Censorship Software
We continue to recommend Geminispace
Two Weeks From Now Dr. Richard Stallman Speaks at The Summit of Future 2025 (India)
he will be giving a "Keynote Address" in India
Microsoft is Tight With Money: It's About the Salaries ('Cost' of the Workers)
a question of cost, not skill
Google Got People Sort of Addicted to Android So It Can Cash in (Services, App Store, Advertising) Decades Later
This is not software freedom
The Free Software Foundation Reaches 370k Dollars in Funding, Due Date is January 17th When Richard Stallman is Guest of Honour in Lausanne (Switzerland)
Even fellow board members seem unaware of it
Record Lows for Windows (Microsoft) in Botswana
The market share of Vista 11 is seen as going down
Preserving Deleted Articles About Bill Gates Talking Like a Drug Dealer About Computer Users
Now it's 2025. Different challenge.
Links 13/01/2025: Disinformation, Social Control Media Actively Promoting Nazism, and Catchup With Ukraine
Links for the day
TPM Boosters Inside Debian (TPM Isn't About Security, It is About Control Over Users and Their Machines)
We're not rushing to any conclusions
Aaron Swartz Died 12 Years Ago After a Vicious Government Campaign to Stop Him
The Aaron Swartz story is a reminder of the importance of having verifiable/verified information out there for the general public to see
Links 13/01/2025: GitLab Enshittification and Minimalism and Efficiency with Gemini Protocol
Links for the day
Links 13/01/2025: Hardware, Health, and Conflicts
Links for the day
Microsoft Appears to Have Fallen to Only 15% in Maldives
This is a problem for Microsoft
Rumours of IBM Canada Layoffs
We'll keep a vigilant eye on this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 12, 2025
IRC logs for Sunday, January 12, 2025
Bots Covering Debian Releases
It would be quite safe to guess that chatbots were at least partly leveraged for that text
Gemini Links 12/01/2025: No Country For Old Men, Burned Homes, and "Planet P is Clean"
Links for the day
Slopwatch: Brittany Day and Brian Fagioli Are Still at It, Googlebombing "Linux" With LLM Slop (Taking Away Traffic From the Articles They're Plagiarising)
Some more sites that used to cover GNU/Linux have turned into slopfarms
Links 12/01/2025: Microsoft Admits It's Laying Off Staff Only Where Staff is "Expensive" (Race to the Bottom)
Links for the day
[Meme] Being High on Drugs Isn't Happiness (Likewise, Being a "Star" in Social Control Media is Temporary)
Many entities - or people - will regret telling everybody "follow me on Twitter"
[Meme] They Say That RMS Says the "F" Word (Freedom) Too Much...
About 32.7k US dollars are now left for the FSF to raise (in 6 days)
Links 12/01/2025: More Sanctions Against Russia, SCOTUS Signals Fentanylware (TikTok) Ban Will Stay
Links for the day
[Meme] A Jihad Against Servers the User Controls
We need to strive for and work towards greater control by users over "their" servers
Microsoft Azure-Only Bugs in "Linux" Can "Compromise the System."
From ubuntu.com and linux.org a few days ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 11, 2025
IRC logs for Saturday, January 11, 2025
Gemini Links 12/01/2025: DHL Express Does Not Deliver, Oddmuse Update
Links for the day
Links 11/01/2025: Social Control Media Facing Sanctions, Carter Respected at Funeral
Links for the day
If TikTok (China) Has the Rights of American Persons, Then ByteDance Can be Sentenced to Death
TikTok - like Julian Assange - does not enjoy any protections of the First Amendment and since it's not a person it would lack these protections as an American company, too
After a Year of Layoffs in Microsoft Nigeria (and Microsoft in Africa at Large) Windows Falls to New Lows and Bing Falls to 0.46% "Market Share"
Of course Microsoft gave bribes in Nigeria to suppress GNU/Linux adoption
An Important Lesson About Patents and Patent Maximalism (They Drive People and Companies Away)
This previously happened in Texas, where companies perceived their presence (in any form) to be a liability as patent trolls could drag them to friendly courts and win "damages"
When It Comes to Fentanylware (TikTok), a Digital Weapon of a Hostile Entity, Common Dreams is Jumping the Shark Again (Years After It Ran Out of Steam or Money)
Or maybe it likes the agenda promoted (curated) by Fentanylware (TikTok) and its parent company, Bytedance or Chinese Community Party (CPP)
BetaNews is Now Officially a Spamfarm With Phantom Authors and Fake Text (SPAM and Linkspam Made With LLM Slop)
That's it, the site is virtually dead now (maybe that was the plan all along)
Hazem Abbas of medevel is Ruining His Site With LLM Slop
Some of his articles are original, but now everything is suspect
[Meme] Real and Fake (or "several influential "open source" organizations [which] have come to be dominated by large companies")
The Free Software Foundation has not sold out
Free Software Foundation: Anchoring the FSF in its values
Original by Free Software Foundation
GNU/Linux Surges to All-Time Highs in Greenland, Windows Sinks to All-Time Lows
a lot of GNU/Linux gets detected there lately
Microsoft's "Donald Trump First" Doctrine
national deficits growing
Microsoft in Trouble as Azure Breaks and Only Days After Promising Investment in "Datacentres" Construction of Actual Datacentres Paused (Expect More Azure Layoffs Very Soon)
No wonder many people who got trapped inside Azure quit Azure, which keeps bleeding (losses and layoffs)
Gemini Links 11/01/2025: Wildfire, Militia and the Mole, IRC vs Social Control Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 10, 2025
IRC logs for Friday, January 10, 2025