ON WE go with our coverage of software patenting matters, starting with the observation that this one patent -- just like many of its kind which paint software patents as "medical" -- simply puts lives at risk, for reasons that we explained before. As one Twitter user put it:
A US patent on using a computer with SMP in a dialysis machine?
A sale represents a sharp tactical shift. Kodak picked up just $27 million in patent-licensing fees in the first half of 2011 after amassing nearly $2 billion in the previous three years.
d to pull the direct democracy lever at the White House but struck out earlier this week. Now they are reassembling for another push.
Software patents rankle many in the development community who believe they enrich lawyers at the expense of innovation. In September, the critics decided to test-drive the Obama administration’s new “We the People” initiative which provides an official response to petitions that garner enough signatures.
[...]
The petitioners may have their work cut out for them the second around. Due to the popularity of the petition program, the White House in October raised the number of signatures required for a response from 5,000 to 25,000. So far the software opponents have about 700 signatures with 27 days left to obtain the rest.
The petition is just one arena where the ever-contentious patent debate is taking place. Another one to watch is the Supreme Court which in December will again consider the scope of patentable subject matter in a medical case called Prometheus Laboratories. The Court ruled on the same issue in 2010 in a case called Bilski but its decision has been widely panned for failing to clarify what can and can’t be patented.
Lawyer: Software Can Be Patented Even Without Code
There is an interesting post on software patents by Gene Quinn, a patent attorney and editor of the IPWatchdog blog. Quinn's advice is that there's always something that can be patented in software.
Virtual Tour Software Patent Granted for VR2020.com
Some Virtual Tour companies pride themselves on their ability to provide virtual tours created from third party software but, we’ve taken our originality and technology in empowering our clients and have had a patent granted for our own unique software.
Openwave Systems shares are trading sharply higher in late trading Thursday after disclosing that Microsoft has agreed to license the company’s patent portfolio. Openwave says that Microsoft “becomes the first company to license Openwave’s portfolio of approximately 200 patents, including several foundational patents covering smart device and cloud technologies, among others.”
Fact is, Apple and Microsoft (as well as others) don't believe you can build an open source codec or an open source smart phone. The basics of these technologies can't be innovated around, they say, and they are all ring-fenced with patent claims. Open source stay out.
This attitude is winning in courts, and it represents the chief challenge to open source going forward. Because in supporting open source in these growth areas, developers will increasingly find themselves accused of taking the side of China against Europe and America. China builds nearly all our hardware, and thus it's assumed that unless western companies can control software, distribution, and markets that our economies will become supine before our economic enemies.
My view is that this is a naïve attitude, and it's one I've been taking on for almost a decade. I first wrote about it in The Secret of Slater's Mill in 2003 and it's a lesson that bears repeating.
The European Commission has requested information on patents from tech giants Apple Inc. and Samsung Electronics Co. which could lead to the opening of legal proceedings in a highly contentious area of patent law.
"The Commission has sent requests for information to Apple and Samsung concerning the enforcement of standards-essential patents in the mobile telephony sector," the European Union's antitrust body said Friday.
"Such requests for information are standard procedure in antitrust investigations to allow the Commission to establish the relevant facts in a case."
If Google's attempt to shield the Lindholm email had any remaining life in it before the trial court, you could almost hear the last breath going out of it this week. Consequently, Google gave notice (590 [PDF; Text]) that it intends to appeal Judge Alsup's ruling that the email does not constitute a privileged document and asked that, while the appeal is pending, the email remain designated as an ATTORNEYS EYES ONLY document. But Judge Alsup has once again said no on the issue of confidentiality. (596 [PDF; Text]) The point that will undoubtedly remain in contention on appeal derives from this passage in Judge Alsup's order:
Didn't UnXis also get the SCO Group name? In the SCO bankruptcy filings since the sale, the entity formerly known as The SCO Group calls itself TSG. But UnXis *didn't* get the litigation against IBM. It's listed on the Excluded Assets. So who exactly is this asking to reopen the IBM litigation now? The filings say it's "The SCO GROUP, INC., by and through the Chapter 11 Trustee in Bankruptcy, Edward N. Cahn." Maybe the lawyers forgot themselves that they need to change the name. They can do that later, I suppose, but it's odd to anyone like me, who actually keeps track of the details.
Update: As mentioned above, I've pulled the PDF of the memorandum, because "SCO Group" failed to properly redact the filing. I wonder how many times SCO can do this before someone notices it's not the first time? It also quotes from the section of the March 5, 2007 oral argument on the two IBM summary judgment motions, where the public had been asked to leave due to confidential documents being discussed, without redacting that part. Note my curled lip.
Lodsys, the controversial “patent troll” that has sued everyone from the New York Times (NYSE: NYT) to Angry Birds, recently set its sights on a small web-software firm in France. Unable to afford a legal battle, the two-man company has come up with another tactic to push back against Lodsys’ legal threats.
GroupCamp is a Paris-based firm that provides web-based software to small business clients. In September, the company received a notorious “Lodsys letter” informing the owners they were infringing four patents. Such letters have been sent to dozens or hundreds of companies. The letters typically boast about “inventor” Dan Abelow‘s Ivy League education (he took business classes) and ask the recipient to purchase a license for the patents. You can see a sample Lodsys letter embedded below (apologies for the blurry text).
After receiving on the 29th of September 2011 a pre-litigation letter and licensing agreement from Lodsys, a non-praticing entity, we at GroupCamp have launched this dedicated website to foster cooperation between entrepreneurs and developers who have received the same letter from Lodsys. All available experience and knowledge will be made available on the website.
Comments
Michael
2011-11-07 09:11:43
Your hypocrisy knows no bounds.
FUD: You made that up. It is about being against unfair practices. You might disagree with Jobs or Apple on this - fine. But when you ignore this key point in their argument you show you have no counter to their claims.
You also talk about "abuse" by those who you have sided against - but never actually show why they are wrong. Why is that, Roy? If you have a point then make it - just repeating your claim that your "enemies" are wrong is silly.
Mikko
2011-11-08 13:45:23
Michael
2011-11-08 16:30:17
Typical of your cult.