Bonum Certa Men Certa

Patent Lawyers Fight to Keep and Facilitate Software Patents Worldwide, Using Misinterpretation, Distraction, and Loopholes

Court



Summary: Why reform addressing patent scope is becoming ever more elusive and who is responsible for this

With software patents in New Zealand not entirely dead yet, some lawyers in the London-based pro-software patents blog try to promote the notion of software patenting, as always. "It all comes out in the wash: New Zealand grapples with computer programs 'as such'" says the headline. To quote the lawyers' echo chamber, "[t]his means that a computer program will not be a patentable invention if the sole inventive feature is that it is a computer program, explain Simpson Grierson. It will, though, be possible to obtain a patent for a computer program if the invention's contribution lies outside of the computer, or if the contribution affects the computer itself but is not dependent on the type of data being processed or the particular application being used."



Why is this relevant? They lobbied for something similar ("as such") to enable or facilitate software patents in Europe. It's becoming a trending topic again. Matthias Kirschner of the FSFE says that "[o]ut of 58 innovations of the most important software innovations only 5 may be subject to patents," based on a recent paper. He wrote some articles on the subject of software patents recently (those are in German though). He also noted that "#Google gets some more time in the #swpat fight with #Microsoft [link to Microsoft Florian omitted] When will this patent insanity stop?" Maybe when we start identifying where this mess comes from and start getting more active.

Watch another lawyers' Web site promoting software patents this week, citing David Kappos. They are providing ammunition to overzealous lawyers who keep (even this week) discrediting progress. The microcosm of lawyers continues to discredit those who claim CAFC put software patents in a dark alley, as evidenced here. It is important to recognise that patent lawyers are doing this, knowingly impeding progress.

James Love wrote the other day that "The ideology around patents is so strong that people tolerate extreme inequalities of access to cancer drugs, and access-related deaths."

These debates are usually dominated by clueless bureaucrats and lawyers (often the same group). Pamela Jones, a paralegal, says that "Finally, Computer Scientists Speak" in the biggest case over Android. She writes: "An amazing collection of the leading computer scientists in the world have joined together to stand with Google and against Oracle in the Oracle v. Google appeal about APIs, and they ask the court to affirm Judge William Alsup's decision that the Java APIs are not copyrightable. It's in an amicus brief [PDF] that EFF has just filed."

Josh Mendelsohn says Public Radio International (PRI) is to "revisit software patents this weekend" in this show, but it seems to involve EFF lawyers who focus on trolls and not software patents like they promised they would. We shall see. We have already criticised the EFF for this. "No mention of the problem patent(s)," says iophk about the latest EFF action (about podcasting). "Also, fighting the patents one at a time is just playing expensive whack-a-mole at $4,000,000 a hit. Better to concentrate the effort on eliminating software patents, that's a one-time investment, not a subscription activity" (prior to this, the EFF ran the futile patent busting endevaour -- a one-by-one effort).

iophk is right. The EFF is just feeding lawyers in a trial and it's usually lawyers who write for them on this topic, serving as a bit of a distraction.

The real problem with patents is not trolls. Some trolls, such as MPEG-LA, act as a proxy for giants like Apple and Microsoft, doing this for many years despite complaints to the government.

The problem is software patents, which MPEG-LA is all about. To give another infamous example, consider the caller ID patent and its impact. Like podcasting and multimedia patents, it is a software patent.

Lawyers may deliberately lead us down the road of pseudo reform that would achieve too little and legitimise so much of the status quo. Here is another new post which focuses on trolls rather than patent scope. It says: "Retailers are finally fighting back against so-called patent trolls, firms that buy patents and then threaten retailers to get whatever licensing fees they can. These firms generally don’t want to go to court. They’d rather send letters and make a nice living from the checks of chains that can’t be bothered to fight."

These retails are almost always hit by software patents. The fact that the holders are patent trolls is not so relevant.

Recent Techrights' Posts

The Free Software Foundation is Looking to Raise Nearly Half a Million Dollars by Year's End
And it really needs the money, unlike the EFF which sits on a humongous pile of oligarchs' and GAFAM cash
 
Links 19/11/2024: War on Cables?
Links for the day
Gemini Links 19/11/2024: Private Journals Online and Spirituality
Links for the day
Drew's Development Mailing Lists and Patches to 'Refine' His Attack Pieces Against the FSF's Founder
Way to bury oneself in one's own grave...
What IBMers Say About IBM Causing IBMers to Resign (by Making Life Hard/Impossible) and Why Red Hat Was a Waste of Money to Buy
partnering with GAFAM
In Some Countries, Desktop/Laptop Usage Has Fallen to the Point Where Microsoft and Windows (and Intel) Barely Matter Anymore
Microsoft is the next Intel basically
[Meme] The Web Wasn't Always Proprietary Computer Programs Disguised as 'Web Pages'
The Web is getting worse each year
Re-de-centralisation Should Be Our Goal
Put the users in charge, not governments and corporations in charge of users
Gemini Links 19/11/2024: Rain Music, ClockworkPi DevTerm, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 18, 2024
IRC logs for Monday, November 18, 2024
Links 18/11/2024: Science News and War Escalations in Ukraine
Links for the day
Gemini Links 18/11/2024: Degrowth and OpenBSD Fatigue
Links for the day
Technology: rights or responsibilities? - Part VII
By Dr. Andy Farnell
BetaNews is Still 'Shitposting' About Trump and Porn (Two Analysers Say This 'Shitposting' Comes From LLMs)
Probably some SEO garbage, prompted with words like "porn" and "trump" to stitch together other people's words
Market Share of Vista 11 Said to be Going Down in Europe
one plausible explanation is that gs.statcounter.com is actually misreporting the share of Vista 11, claiming that it's higher than it really is
Fourth Estate or Missing Fourth Pillar
"The term Fourth Estate or fourth power refers to the press and news media in explicit capacity of reporting the News" -Wikipedia on Fourth Estate
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 17, 2024
IRC logs for Sunday, November 17, 2024
LLMs Are Not a Form of Intelligence (They Never Will Be)
Butterflies are smarter than "chatGPT"
Business Software Alliance (BSA), Microsoft, and AstroTurfing Online (Also in the Trump Administration Groomed by BSA and Microsoft)
Has Washington become openWashington? Where the emphasis is openwashing rather than Open(Source)Washington?
Windows at 1%
Quit throwing taxpayers' money at Microsoft, especially when it fails to fulfil basic needs and instead facilitates espionage by foreign and very hostile nations
Links 17/11/2024: Pakistan Broke, Tyson 'Crashes' or Knocks Over Netflix
Links for the day
Gemini Links 17/11/2024: Nachtigall Planned, Exodus at Twitter
Links for the day
Links 17/11/2024: China's Diplomacy and Gazprom Setback
Links for the day
Sudan Has Reached a State of Android Domination (93% Market Share, All-Time High According to statCounter)
countries at war buy fewer laptops?
[Meme] Just Do It?
'FSF' Europe (Microsoft) and FSF
Microsoft Front Groups Against the FSF, Home of GPL, GNU, and Free Software
Much of the money (not all of it) comes from the criminals at Redmond
Centralisation is Dooming the Web, RSS is One Workaround (But Not "Planets")
At least Gemini Protocol rejects centralisation
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 16, 2024
IRC logs for Saturday, November 16, 2024
Links 17/11/2024: Wars, Bailouts, and Censorship
Links for the day
Gemini Links 17/11/2024: Changing Interests and HamsterCMS
Links for the day