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

GNU/Linux Reaches All-Time High in Europe (at 6%)
many in Europe chose to explore something else, something freedom-respecting
Techrights' Statement on Code of Censorship (CoC) and Kent Overstreet: This Was the Real Purpose of Censorship Agreements All Along
Bombing people is OK (if you sponsor the key organisations), opposing bombings is not (a CoC in a nutshell)
 
Technology: rights or responsibilities? - Part VIII
By Dr. Andy Farnell
Patents Against Energy Sources That Reduce Pollution
this EV space (not just charging) is a patent mine field and it has long been that way
DARPA’s Information Innovation Office, Howard Shrobe, Values Compartmentalisation But Loses the Opportunity to Promote GNU/Linux and BSDs
All in all, he misses an opportunity
Wayland is an Alternative to X
the alternative to X (as in Twitter) isn't social control media but something like IRC
BetaNews, Desperate for Clicks, is Pushing Donald Trump Spam Created by LLMs (Slop)
Big clap to Brian Fagioli for stuffing a "tech" site with Trump spam (not the first time he uses LLMs to do this)
[Meme] Social Control Media Bliss
"My tree is bigger than yours"
Links 24/11/2024: More IMF Bailouts and Net Client Freedom
Links for the day
Gemini Links 24/11/2024: Being a Student and Digital Downsizing
Links for the day
[Meme] The Most Liberal Company
"Insurrection? What insurrection?"
apple.com Traffic Down Over 7%, Says One Spyware Firm; Apple's Liabilities Increased Over 6% to $308,030,000,000
Apple is also about 120 billion dollars in debt
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 23, 2024
IRC logs for Saturday, November 23, 2024
[Meme] GAFAMfox
Mozilla Firefox in a state of extreme distress
Google Can Kill Mozilla Any Time It Wants
That gives Google far too much power over its rival... There are already many sites that refuse to work with Firefox or explicitly say Firefox isn't supported
Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs
Microsofters have been trying to ban or exclude Free software
In the US, Patent Laws Are Up for Sale
This problem is a lot bigger than just patents
ESET Finds Rootkits, Does Not Explain How They Get Installed, Media Says It Means "Previously Unknown Linux Backdoors" (Useful Distraction From CALEA and CALEA2)
FUD watch
Techdirt Loses Its Objectivity in Pursuit of Money
The more concerning aspects are coverage of GAFAM and Microsoft in particular
Links 23/11/2024: Press Sold to Vultures, New LLM Blunders
Links for the day
Links 23/11/2024: "Relationship with Oneself" and Yretek.com is Back
Links for the day
Links 23/11/2024: "Real World" Cracked and UK Online Safety Act is Law
Links for the day
Links 23/11/2024: Celebrating Proprietary Bluesky (False Choice, Same Issues) and Software Patents Squashed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 22, 2024
IRC logs for Friday, November 22, 2024
Gemini Links 23/11/2024: 150 Day Streak in Duolingo and ICBMs
Links for the day
Links 22/11/2024: Dynamic Pricing Practice and Monopoly Abuses
Links for the day
Topics We Lacked Time to Cover
Due to a Microsoft event (an annual malware fest for lobbying and marketing purposes) there was also a lot of Microsoft propaganda
Microsofters Try to Defund the Free Software Foundation (by Attacking Its Founder This Week) and They Tell People to Instead Give Money to Microsoft Front Groups
Microsoft people try to outspend their critics and harass them
[Meme] EPO for the Kids' Future (or Lack of It)
Patents can last two decades and grow with (or catch up with) the kids
EPO Education: Workers Resort to Legal Actions (Many Cases) Against the Administration
At the moment the casualties of EPO corruption include the EPO's own staff
Gemini Links 22/11/2024: ChromeOS, Search Engines, Regular Expressions
Links for the day
This Month is the 11th Month of This Year With Mass Layoffs at Microsoft (So Far It's Happening Every Month This Year, More Announced Hours Ago)
Now they even admit it
Links 22/11/2024: Software Patents Squashed, Russia Starts Using ICBMs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 21, 2024
IRC logs for Thursday, November 21, 2024