Bonum Certa Men Certa

USPTO Antagonises Change, Apple Continues to Lean on Patents and Trademarks

Lawsuits map



Summary: Apple uses the protectionists' office -- a monopoly henhouse guarded by wolves -- to ban competition at home and away

At the USPTO it's all about quantity (money or monopoly on words and ideas), so no plans of reform are sincere. The USPTO offers fake choice on the subject of software patents and a debate in Slashdot shows FOSS-oriented comments. The debates are rigged by design from the get-go. Now, some columnists downplay the view that software patents should just be dumped while others put out there the news about consultation from developers:



The world of software patents is a strange, confusing, inefficient place. There's a pretty serious question as to whether or not software patents should really even exist. Now, the USPTO is making moves to at least step in a better direction by calling out to software developers anywhere and everywhere for advice on fixing the whole thing up.

The call for advice will take the form of two round table events in February, one in Silicon Valley, the other in New York City. Seats are limited but pretty much any developer can attend if they RSVP by email and include some credentials. The events will also be webcast, and any developers/spectators who can't/don't want to attend can also just send in written comments.


Remember that they are allowed to debate software patent "quality", not abandonment. So the panel omits the view that many if not most developers hold. Here is another article:

The United States Patent and Trademark Office is seeking input from the software industry about the performance of the patent system. A pair of February "roundtable" events—one in Silicon Valley and the other in New York City—will give members of the public an opportunity to comment on how to improve the quality of "software-related patents."

"Each roundtable event will provide a forum for an informal and interactive discussion of topics relating to patents that are particularly relevant to the software community," according to a notice in the Federal Register. "While public attendees will have the opportunity to provide their individual input, group consensus advice will not be sought."


How many people -- if any -- will speak for the view that software patents must all go away? Watch what patents are doing for Apple against Linux:

Apple was supposed to have won big in the suit against Samsung in a massive series of claims of patent infringement. This was the apparent result of a jury verdict last August in which there were charges of attorney misconduct, juror misconduct and trial errors before the ink was dry on the decision.

But a few weeks later, the U.S. Patent and Trademark Office (USPTO) invalidated one of the key patents that Apple used to win its case. This is the patent in which a menu or other screen item will bounce back if it's scrolled past the end.


According to Wired, Tim O’Reilly, seemingly a software patents opposer who likes Apple, says about Apple that "They’re clearly on the wrong path. They file patent suits that claim that nobody else can make a device with multitouch. But they didn’t invent multitouch. They just pushed the ball forward and applied it to the phone. Now they want to say, “OK, we got value from someone else, but it stops now.” That attitude creates lockup in the industry. And I think Apple is going to lose its mojo precisely because they try to own too much."

Apple's patent strategy goes ahead and trademark confrontation too is at the core of this branding company:

A California judge says Apple can't bring up false advertising claims against Amazon in a case between the two companies.


The problem is not trademarks per se but particular trademarks which go too far (broad, not narrow). With Kindle Fire, Amazon has become a major rival to Apple. It's not just the digital stores. Apple continues to rely on monopolies in shoring up its badgeware. Apple's main competition is Android/Linux now.

Comments

Recent Techrights' Posts

[Teaser] The EPO is Still Calling Monopolies "Products"
Coming soon
Why We Cover the Topics That We've Long Focused on (by Choice)
We'll continue to cover suppressed issues because such issues are usually obstructed
[Meme] The Reasonable Man
"The reasonable man adapts himself to the world"
International Troll Alert by Helen Plews
Helen Plews from Cybershow has this new article
The FSF (Free Software Foundation, Inc.) Can Reach Its Funding Goal of $400,000. This Bothers the Imposters and Foes of the FSF.
Software Freedom is something we must perpetually fight for
Linux Foundation Pays for LLM Slop (Puff Pieces Made by Bots) About the Linux Foundation
The so-called Linux Foundation is responsible for the production of spam and slop
General Consultative Committee (GCC) Meeting at the European Patent Office (EPO) Shows Existing Problems
the "real problems" and why "digitalisation" doesn't solve them
 
Maybe - and Hopefully - More News Sites Will Go "Static" (More New Material Published But Established Pages Served Directly From the File System)
Keeping things simple and light is important for the sake of scaling
[Meme] Vendor Capture for 'Civility's Sake'
"I CoCed him already"
Anonymity for Sources
At the moment we can learn about stories in person or in encrypted voice chat
What Topics We Prioritise
On fishing for topics to cover
Oligarch-Owned Media Twists the Narrative and Demands More Surveillance
Corruption is the real issue here
Windows Falls to Single-Digit "Market Share" in Benin
Windows has fallen even further
[Meme] Doing Online Activism in Social Control Media
Dictators have always loved lists
Gemini Links 13/12/2024: Creative Moods, Berkeley DB, and More
Links for the day
Microsoft Windows Falls to New All-Time Low in Guatemala (Less Than a Quarter)
When it comes to operating systems, we don't think we've mentioned it before
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 12, 2024
IRC logs for Thursday, December 12, 2024
[Meme] Leave My /home Alone
A new version of Systemd
There's a New Version of Lagrange (Gemini Reader) and Its Developer is Making an IDE/Editor
I share or reciprocate almost anything I can through Gemini Protocol
Nick's Job at OSI: Promote Microsoft, Promote Proprietary Software
This is what Microsoft pays him to do
[Meme] Award-Winning Back-stabbing Opportunists
part of the rebel alliance
Azerbaijan Rejects Microsoft
Azerbaijan seems to have very little interest in Microsoft
[Meme] You Just Grab Him by the CoC
Sponsors of Python Software Foundation... "You don't like Python's corporate sponsor?"
Explaining What Deb Nicholson Does to the Python Software Foundation
Of course the OSI, which Nicholson also occupied, still helps Microsoft attack copyleft
IBM Said to Be Firing People Days Before Christmas
IBM is entering taboo territories
Microsoft Falls to Just 11% in Ivory Coast
Microsoft tried hard to catch up in mobile
Links 12/12/2024: Shell Settles With Greenpeace, DOJ Whistleblower Pilot Program
Links for the day
Gemini Links 12/12/2024: AuraGem TV and Advent of Code 2024
Links for the day
Fake "Linux" News, Produced by Microsoft Chatbots in 'Brittany Day' or "LinuxSecurity" Clothing
She's back at it
Microsoft OSI Promoting GitHub, Which is Proprietary and a Massive GPL Violator
OSI works for Microsoft, speaks for Microsoft, promotes proprietary software
Links 12/12/2024: Another 'Self-driving' Cars Dead End, Infowars Sale Blocked by Court
Links for the day
Links 12/12/2024: "Hey Hi" Hype Debunked, ActivityPub and Gemini Software on Same Server
Links for the day
Google Has Only Solidified Its Search Monopoly in Africa Since Microsoft's Chatbot/LLM Hype Started
Africa is basically a "Failed Market" to Microsoft
[Teaser] EPO is Running Out of Brains
EPO has been in the business of offering fake patents
South Korea Has Its Own Alternative to IBM's Proprietary RHEL
Owing to the Open Enterprise Linux Association (OpenELA)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 11, 2024
IRC logs for Wednesday, December 11, 2024
Fresh Rumour of Wave of IBM Layoffs Less Than a Fortnight Before Xmas Day
Unverified and anonymous
Links 11/12/2024: Additional Surveillance Ambitions and Cyberattacks on Sudanese Media
Links for the day
Links 11/12/2024: More Google Layoffs Rumoured for January, 'Linux' Foundation Colonises India
Links for the day
Mozilla's Firefox is Floundering, in the United Kingdom Its Share Fell to 2% This Month
HTTPS is becoming little but a transport layer for Chrome-like browsers, i.e. proprietary things with DRM and perhaps attestation (which means you cannot modify them; you'd get blocked for trying)
Protecting People From So-called 'Social Media' is Not Censorship (No More Than Banning or Restricting Access to Cigarettes is 'Censorship')
it's not censorship when the thing you are censoring [sic] is itself a censorship powerhouse operated by a foreign and hostile nation (or oligarchs of Musk's nature)
[Meme] Solving Real Problems With So-called 'Social Media'?
Feeding and medically treating animals helps, unlike "likes"
Links 11/12/2024: Climate Warming, 'People Can Fly' Layoffs
Links for the day
Gemini Links 11/12/2024: LLMs as Plagiarism, Advent of Code 2024 Momentum
Links for the day
In United Arab Emirates (UAE), Microsoft Now on One in 8 Internet-Connected Devices?
Web-connected clients are becoming scarce that run Microsoft operating systems (Windows)
IBM and Microsoft Hats at Linux Foundation
"Fedora Project Leader Matthew Miller: A change of hats!"
IBM's Latest Fedora Divestment Speaks for Itself
Microsoft must be very pleased with what IBM is doing
Why is UK Press Gazette Jingoistic About Plagiarists and LLM Slop Disguised as Journalism?
Press Gazette appears to be participating in the attack on honest journalism
EPO is Corrupt Like Always, What Changed is the Lack of Media Coverage (No Transparency Means No Democracy)
We need to revive online media and encourage dissent
[Meme] How NOT to Do Activism Online
So many self-professed liberals continue participating and driving traffic (ads) in X
In Central Africa, Which is Bigger Than Europe, Windows is About 5% in Terms of "Market Share"
they apparently got so fed up with colonialism
Communicating Outside of Skinnerboxes and Social Control Media
Tackling collective isolation and miscommunication (or communications being controlled by middlemen)
Number of Libera.Chat Users (Simultaneously Online) Falls to Lowest Figure in Over 3 Years
Notice the downward trend/curve in recent months
[Meme] Social Control Media is NOT Free Speech
It's time to discard that stupid argument that banning an abusive censor is "censorship"
Banning Not Only TikTok... if Not for FOMOC (Fear of Missing on Constituents)
It's a sort of addiction by peer pressure
Shedding Light on How the EPO Sheds Off Staff in Order to Grant Loads of Invalid (Fake) Patents in Europe
The people who decide on these policies lack a background in science
Montenegro's Share of GNU/Linux Reaches All-Time High
We don't really know why, but that's just what the data from statCounter suggests
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 10, 2024
IRC logs for Tuesday, December 10, 2024