Bonum Certa Men Certa

IBM is Still Pushing for Software Patents Not Only in India But Also in the United States

Manny Schecter
Manny Schecter, the Chief Patent Counsel from IBM



Summary: The stance of IBM on software patents, which it increasingly weaponises, gives cause for concern not only in the United States but also in nations that relentlessly antagonise the lobbyists and lawyers of the likes of IBM

THE USPTO is moving away from software patents in the sense that it adapts to the Alice rulings. A lot of patent lawyers, however, are freaking out and trying to spread software patents to countries other than the US.



Recently, a lot has been said and written about software patents in India. As this one new article put it, Indian patent law without software patents gives "hope for IT innovation, not litigation". The author concludes with: "We therefore applaud the Indian Patent Office for revising the guidelines and promulgating a clear test for issuing patents. We believe that these guidelines are some of the clearest guidelines anywhere in the world and we believe this will help innovation, not litigation."

"A lot of patent lawyers, however, are freaking out and trying to spread software patents to countries other than the US."Another new article, this one from corporate media, asks: "Should software be patented in a country of over a billion people?"

This should be a rhetorical question. "Industry watchers," notes the author, "say that it is like saying mathematics can be patented. It can be a minefield for start-ups that will end up battling litigation. That is precisely the reason, free software movement has attracted many programmers around the world. It spurred giants such as Google and Facebook, and seems to be the way forward."

SFLC is also noted as follows: "SFLC in its blog has said such a test will ensure that applications for patents in the field of software will be rejected and only genuine applications claiming a novel hardware component along with software will be eligible for patent protection."

"IBM's Schecter is doing interviews and flirting with apologists of patent trolls and proponents of software patents."Anivar Aravind, a longtime supporter of ours, wrote yesterday that software patents are "preventing #India CRI guidelines is certainly a painful news for legal startups who troll on #innovation . But not for #StartUpIndia"

As we noted here a few months ago, IBM is still trying to push India to accept software patents and based on this news, IBM is still lobbying for software patents in the US as well (see what Manny Schecter wrote). Shame on IBM, which is becoming a patent aggressor even with software patents these days. IBM's Schecter is still bemoaning the US crackdown on software patents and people are seeing it; let IBM whine, let its moles in the USPTO do their lobbying. This only serves to demonstrate whose side IBM is really on. IBM's Schecter is doing interviews and flirting with apologists of patent trolls and proponents of software patents. What are people supposed to conclude based on all this?

Recent Techrights' Posts

Technical Specifications at Times of Tyrannies
Specifications (specs) must evolve with the times
In Case Rust Censors It (Rust Has Long Been All About Censorship), Here's a Critical Look at Rust's Goals
In the case of Rust, instead of "the liberation of the digital society" we have empowerment of Microsoft GitHub and of GAFAM in general. Guess who funds this...
Gemini Links 23/02/2025: Respectful Platforms Manifesto and Internet Archive
Links for the day
The Significance of the Timing of the Ridiculous Letters From Brett Wilson LLP, Acting on Behalf of People From Microsoft
A preliminary look at the timeline and what it tells us
Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
The So-called 'IT' Industry Became Somewhat of a Fraud Where People Equate Usage and Power Wasted With "Value" or "Success"
When did 'IT' become a weapon rather than technology/science?
Things to Like About London
Many important or "powerful" people leave near there
 
Gemini Links 24/02/2025: Osiris 0.1.0 Release (File Sharing in Gemini Protocol), NetBSD 10.1 on the Pi
Links for the day
Microsoft Admits Business Perils as Windows Continues to Fall
‘Microsoft missed the biggest business model…’
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 23, 2025
IRC logs for Sunday, February 23, 2025
Links 23/02/2025: Democracy Backsliding and German Election
Links for the day
Joining APRIL(.org), AGM weekend, Paris, 15-16 March 2025
Reprinted with permission from Daniel Pocock
Links 23/02/2025: Zuckerberg Despised, US Government Does Not Obey Judges, France Grapples With Terrorism
Links for the day
Links 23/02/2025: Apple Back Doors, Ukraine Updates, and Gemini Leftovers
Links for the day
Recent Improvements in Techrights
minimalism works fine when the main goal is to relay information
Slopwatch: Brian Fagioli, Brittany Day (linuxsecurity.com), and Microsoft Misinformation, False Marketing
Serial Sloppers
Censored: Debian Zizian transgender vigilante comparisons in open source Linux communities
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 22, 2025
IRC logs for Saturday, February 22, 2025
Links 22/02/2025: OpenAI Plans to Possibly Abandon Microsoft, Facebook Doubles Execs' Bonuses While Sacking Thousands
Links for the day
Gemini Links 22/02/2025: Weekend Chill and Programming Thoughts
Links for the day
Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.