Bonum Certa Men Certa

LexOrbis is Wrong About Software Patents

LexOrbisSummary: The latest attempt (among many) by IAM and its affiliates to push for software patents in India even though India neither needs nor wants such a ludicrous thing

WE habitually write about the ban on software patents in India because law firms and their large clients (IBM, Microsoft etc.) keep challenging this ban, no matter how rational it is for a country with an economy and an industry like India's -- a topic covered here many times before.



"He bemoans India's insistence on doing the right thing for its people and its businesses."The latest to challenge this ban is Joginder Singh of LexOrbis (greedy law firm that IAM keeps publishing for). He bemoans India's insistence on doing the right thing for its people and its businesses. IAM blindly reposts this as "international report," but it's hardly a report, it's just marketing. it's advertising. Example of nonsense from a non-programmer: "copyright law does not protect the basic idea behind the software code."

As a programmer myself (since my early teens), I can immediately call nonsense on that. Even terms like "software code" are somewhat inane and are expected from people who don't understand that software is code, or that code is software. Here are Singh's concluding words with our comments in yellow: "the situation has remained unchanged [oh, poor you! Think about the poor patent law firms!]. The patent office has issued manuals and guidelines to streamline its practices and procedures, and the tribunals and courts have provided some judicial precedents [as they certainly should]. However, more clarification is needed [same propaganda that the patent maximalism lobby uses in the US right now, "clarity"/"clarification"]. For example, the denial of patent protection under the per se exclusion must be limited to those aspects covered by copyright law [that statement makes no sense as all code is copyrighted]. Considering that the same piece of source code can be written in many different ways and different programming languages, and the copyright law protects only the literal copying of software code, copyright law cannot provide adequate protection to software-driven inventions [so you want to patent or copyright binaries now?]. The copyright law does not protect the basic idea behind the software code [formulations of commands are more like recipes, not ideas]. The functional and technical aspects of software-driven inventions [oh, that's a new dodge, "software-driven inventions" instead of "software patents" or CII] ought to be patentable considering that it is the improvements in software that significantly affect the performance of hardware." [no, software does not enhance the "performance of hardware"; hardware just runs software]

That's just one paragraph. Given the amount of such nonsense that IAM spews out on an almost daily basis, we cannot do a rebuttal of everything but instead point out that IAM has been very busy shaming India for software patents (we have lost count of how many times IAM has already done that this year alone), in what can only be characterised as a twisted, self-serving lobbying campaign. That's just what IAM does, with or without direct help from the outside.

Recent Techrights' Posts

[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
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
 
[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
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)
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
Links 02/10/2024: Microsoft Spying on Windows Users Grows, Microsoft's Surveillance Arm LinkedIn Used to Highlight Employment Crisis
Links for the day
Links 02/10/2024: Students Who Can’t Read Books and Dead Butt Syndrome
Links for the day
Gemini Links 02/10/2024: GNU/Linux Distros, Flat-File Databases, and How the Web ate Gopher
Links for the day
Technology: rights or responsibilities? - Part II
By Dr. Andy Farnell
A Cost-Free Bribe From Microsoft
Daniel Stenberg is not dumb, but he seems rather gullible or unprincipled
Plans for the Site's 19th Year
Like TechDirt, we expect to devote more efforts/time to covering free speech online
Network Getting Faster
Loading up the site in 0.077 seconds
The Manchester Experience
Yesterday Tux Machines served 436,897 Web hits
If Red Hat Has Mass Layoffs This Year, Nobody Will Tell You About It
We seem to have entered a strange quasi-cosmic era wherein layoffs aren't disclosed anymore and news sites don't bother to report them, either
IBM, Kyndryl, Subsidiaries (Like Red Hat) and Silent Layoffs
Kyndryl follows in IBM's footsteps with rolling layoffs likely affecting thousands
Anniversaries and New Beginnings
The world needs more transparency and far less secrecy
Links 02/10/2024: Microsoft Kills Off HoloLens, Media Discusses Assange Speech
Links for the day
Gemini Links 02/10/2024: New Car, Broadband, and Gemtexter 3.0.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 01, 2024
IRC logs for Tuesday, October 01, 2024