Bonum Certa Men Certa

Patents Roundup: IAM's Claims About India, Lawyers' Patent Bias, ITC for Microsoft, and PTAB Against Kyle Bass

Urbis



Summary: Another weekly summary, focusing on issues that pertain to or affect Free software in particular

THIS post looks at the past week's news and groups the news by topic.

Software Patents in India



The patent maximalists from IAM wrote at the very beginning of this week that "India is becoming more receptive to software patents", despite the fact that software patents are not allowed in India. IAM is framing India's policy as a bad thing: "Two subject areas have long dominated critiques of the Indian patent system by foreign (and especially US) companies and government bodies: pharmaceuticals and software. But, the recent release of new guidelines for the examination of computer related inventions (CRIs) by the Indian Patent office (IPO) provides the latest sign that the country may be headed in a more software-friendly direction. That has the potential to affect not just filing activity in the country, but also efforts to sign up licensees there."

We have not seen this anywhere else in the media, only in IAM, which is strongly biased on favour of software patents. India is hopefully not falling into the software patents trap at the same time that the US is cracking down on software patents (court rulings post-Alice and consequently new examination guidelines).

ITC Defends Microsoft



"For years, despite lack of fairness, the ITC has helped Apple (US-based company) ban rival imports."The 'International' Trade Commission is not international at all; it's a US apparatus for US megacorporations, as we have shown before. Now that Microsoft hypocritically complains the ITC defends one patent troll (Microsoft) from another (smaller) patent troll, based on several news reports [1, 2, 3, 4].

This whole episode mostly serves to show how biased the ITC really is. For years, despite lack of fairness, the ITC systematically helped Apple (a US-based company) ban rival imports. This affected only rivals from east Asia. The ITC bureaucracy ought to be challenged. Who does it really serve?

Patent Bias



Watch patent lawyers and propagandists at IP Watchdog pretending everything is great and that even patents on business methods are possible, post-Alice. They're asking questions like, "Are Patents Getting Their Mojo Back?" Well, the very opposite is true.

Prof. Mark Lemley of Stanford Law School recently came up with an eye-catching headline, "Faith-Based Intellectual Property". It's the title of a paper whose abstract bemoans policies that are based on dogma rather than reality. The abstract states: "The traditional justification for intellectual property (IP) rights has been utilitarian. We grant exclusive rights because we think the world will be a better place as a result. But what evidence we have doesn’t fully justify IP rights in their current strong form. Rather than following the evidence and questioning strong IP rights, more and more scholars have begun to retreat from evidence toward what I call faith-based IP, justifying IP as a moral end in itself rather than on the basis of how it affects the world. I argue that these moral claims are ultimately unpersuasive and a step backward in a rational society."

The term "faith-based IP" (ignoring facts, embracing dogma) resembles the terms often used in the copyright debate, where the wishes and the interests of the very few (moguls and middlemen) outweigh public interests. It's class war. Controversial new laws are being used to authorise passage of wealth and power to few plutocrats' hands -- plutocrats who also happen to bribe politicians for these laws to be passed.

Meanwhile, a plutocrats' oppressive tyranny uses a famous casino's hotel (I was there earlier this year just to look around) in order to harbour more ‘IP’ nonsense, as covered by IP Kat (with its new policy for comments) in a four-part series [1, 2, 3, 4], concluded by this final (belated) part. Watch how lawyers collude or conspire in super-expensive places to just monopolise things; public input has zero impact on their decisions or findings.

PTAB Versus Kyle Bass



Kyle Bass was mentioned before, but rarely regarding the patent pressure he was using to crash companies (we covered this once before, but not in great depth). According to this, "Kyle Bass, the hedge fund manager who filed a number of inter partes review petitions against pharmaceutical companies, has struck terror into the shriveled hearts of the pharmaceutical industry. The first petitions he filed were against Acorda Therapeutics, and its stock dropped on the news.

"The pharmaceutical industry immediately started lobbying to change IPR procedures to make themselves invulnerable. Senator Coons even offered an amendment to the PATENT Act to block IPR petitions from anyone who hasn’t been sued for patent infringement. (The amendment failed.)"

PTAB's involvement is noteworthy here. There's more about PTAB in IP Kat and bigger sites for lawyers [via]. To quote the most prominent article: "Kamholz was on the front lines as the America Invents Act (AIA) remade the PTAB and created new proceedings that revolutionized patent litigation. About 60 new administrative judges, many with prestigious resumes in private practice and government service, have joined about 25 veterans of the PTAB’s predecessor, the Board of Patent Appeals and Interferences, to take on most of the inter partes reviews (IPRs) and covered business method reviews to date."

Here too we have patents being used by billionaires (or at least millionaires) to rig the market. When will more people out there realise who the patent regime really serves?

Recent Techrights' Posts

EFF Celebrates Microsoft Windows and Microsoft Office as "Digital Inclusion", Mocks GNU/Linux-Based ChromeOS
Yet another example/evidence that EFF has become a rotten pile of junk
 
[Meme] How to Keep Granting Hundreds of Thousands of Fake Patents (Without Upsetting Anybody in Politics and Media)
This is very Kremlin-like
EPO Examiners to Adopt Resolution Condemning EPO Management for Breaking the Law in Order to Grant Many Illegal Software Patents
Europe's second-largest institution (EPO) is a law-breaking institution hiding behind the veil of "law"
[Meme] Sup, Nazi?
"Come back, one year"
Calling "Nazi" and "Right Wing" Everyone Who Does Not Agree With You (Even Leftists Whose Views on Some Issues Slightly Differ From Yours)
Oil money has become exceptionally notorious for takeover of online platforms and institutions/NGOs (using them to incite society inwards, not upwards)
EFF Losing the Plot
Like the Linux Foundation and OSI, the EFF has succumbed to corporate influence and is derailing itself (along with its original mission)
Links 05/10/2024: Patents Being Squashed, EFF Insists on Children's Access to Porn
Links for the day
Gemini Links 05/10/2024: Multitudinous Agreeable Futures and Misfin Mail
Links for the day
Links 05/10/2024: Amazon Culling 14,000 Managers, About 160 People Resign From Automattic
Links for the day
Microsoft Moles in Nerdearla, Openwashing and Whitewashing Microsoft With Its Latest Ponzi Scheme and Storytelling
Also GPL violations en masse
The Danger of Outsourcing Your Platform to Social Control Media and Getting "Information" There
Stella is probably not aware of what she has just done
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 04, 2024
IRC logs for Friday, October 04, 2024
Links 05/10/2024: Shift to ARM, Microsoft XBox Crisis
Links for the day
[Meme] Who to Trust on Privacy... (Not Someone Who Boasts About Breaking Into Devices Without Authorisation)
You're not even a computer scientist...
When It Comes to Encryption, The Web (as in World Wide Web) Isn't Secure and Uses Weak Ciphers About as Often as Every Day, Even in 2024
Gemini Protocol does not
The GPL Does Not Prohibit Use of Code for Death
Windows kills even more people, but in other ways
Journalism in Europe on Life Support
Assange articulated some of the ordeals he went through
[Video] Stella Assange and Thórhildur Sunna Ævarsdóttir on Protecting Journalists Who Expose Injustice
Stella (the wife) says her husband received an invitation from the committee (PACE) while he still undergoes recovery
[Video] Thórhildur Sunna Ævarsdóttir (Iceland, SOC) Explains That Julian Assange Was Punished for Exposing Crimes (Instead of the Criminals Getting Published)
Thórhildur Sunna Ævarsdóttir speaks out...
Links 04/10/2024: Health, Asia, and Censorship
Links for the day
Links 04/10/2024: Ingrid's Back and Creative Mornings
Links for the day
[Video] The Council of Europe's Parliamentary Assembly on Julian Assange
The Council of Europe's Parliamentary Assembly has voted to confirm that Julian Assange was held as a political prisoner
Links 04/10/2024: Telegram Issues Deepen, Texas Sues TikTok
Links for the day
"The Council of Europe's Parliamentary Assembly has voted to confirm that Julian Assange was held as a political prisoner."
This stuff should not have been in Twitter (X)
Intercontinental Ballistic Missiles (ICBMs) Do Not Run Windows
The projects that deal with ICBMs are extremely unlikely to involve Microsoft
"Microsoft is asking for a handout... yet again"
Just over a month after the last bailout fell through the cracks
One Step Closer to the End of Microsoft's XBox
XBox sales are down over 50% in the past year
GNU/Linux Flaring Up in ASEAN
We said we'd not post statCounter for a few months
Gemini Links 04/10/2024: Asteroid City and Retro Gaming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 03, 2024
IRC logs for Thursday, October 03, 2024
Resting Time
we deserve a short break - even if only for tomorrow
Wikileaks Revelations About the History of IBM and Its Role in the Cold War
IBM is still an ICBM company (to this very date)
Revisiting Julian Assange's Excellent Talk, His First Talk Since 2019 (Tactful and Almost Invulnerable to 'Cheap Shots')
Assange need not be politically-correct or self-censor
Windows Kills More Than Most Wars (But the Media Casually Ignores the Death Toll of Microsoft)
The bottom line is, many people are dying, they die due to Microsoft, and the media fails us by not informing us and failing to even name the principal culprit
Mozilla is GAFAM, HTTPS is Monopolies
Firefox used to boast that it would make the Web more accessible. Today's Mozilla is rowing in the opposite direction.
Gemini Links 03/10/2024: RetroChallenge and Change of Online Habits
Links for the day
Links 03/10/2024: Quantum Computer Vapourware (as Usual) and Samsung Layoffs
Links for the day
Links 03/10/2024: "Hey Hi" Scandals and Copyright/Trademark Disputes
Links for the day
Invidious Seems to be Nearing 'End of Life' After Repeated Crackdowns by Google/Alphabet/YouTube
To Free software users, YouTube ought to become a "no-no"
Links 03/10/2024: Climate Issues and Tensions in East Asia
Links for the day
Like a Marketing Department of Microsoft, Canonical Sells Back Doors and Surveillance as "Confidential" and "Hey Hi" (AI)
Notice how Canonical has made no statement critical of Microsoft for years
Gemini Links 03/10/2024: Frozen Tofu and SGI O2
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 02, 2024
IRC logs for Wednesday, October 02, 2024