Bonum Certa Men Certa

Software Patents and Death by Patents

"We're awfully sorry, Mrs. Smith, but your husband's operation
is protected by a patent, so we'll have
to just leave him to die..."



The ethics of patents in general is a broad and sometimes very passionate debate. In certain domains, it can be a matter of life and death (just watch this video about Novartis). We recently gave some examples where sharing of knowledge results in improved drug development.

Glyn Moody has just identified another interesting post about the ethics of surgical patents, applied to more complicated operations. Under the heading "Patents Kill", he talks about monopolies on medical procedures:

Imagine being unable to use a life-saving technique on a patient simply because it was "patented", and the licensing fees were exorbitant. Imagine, indeed, the situation in developing countries that can't even afford medical equipment, much less absurd, intellectual monopolies.

There's a reason we don't have patents on such things: they represent basic human knowledge of the kind whose invention and transmission down the generations lies at the heart of our civilisation and humanity. The day we start charging for this kind of thing is the day we as a race are in deep, deep trouble.


Here is the cited post, which in turn cites another.

Of all the exclusions from patentability, most poignant is the bar on patenting methods of surgery, therapy or diagnosis practised on the human or animal body. While it seeks to release medical practitioners from the shackles of commercial monopoly and legal liability when choosing how best to treat their patients, many argue that its true effect is to stifle the creation, publication and promulgation of new techniques that save lives or improve their quality.


It is very unfortunate to see intellectual monopolies being imposed on the right to save the life of a friend, a spouse, a child, or any human being who is in disparate need. It surely puts in perspective the relative severity of software patents, which are means for killing competing computer programs.

There is this odd new video over at Linux.com (available as Ogg Theora) which speaks about a supposedly 'innovative' way of mixing Free software and patents.

Software patents underlie a novel open source business model (video)



[...]

Their company is called International Characters. It already has one software patent pending -- and professor Popowich assures us that the company has software that's ready to download and use today; that this isn't a pipe dream but a "right now" thing.

If nothing else, even if you disagree with the way International Characters is doing business, you've got to admit that they've come up with an interesting way to combine software patents with open source. Whether it will work -- and whether others follow in their footsteps -- is another matter. We'll just have to keep an eye on them and see how things go, won't we?


Another new article from Ars technica is interesting for the fact that it confirms yet again that this "reform" everyone speaks of is utterly ineffective. Call it a "PR charade" if you prefer.

Last September, the House of Representatives approved the Patent Reform Act of 2007, legislation that would make important changes to America's patent system. With the legislation being fiercely debated behind closed doors in the Senate, Ars takes a closer look at the legislation's provisions, the major players in the debate, and the legislation's prospects for curing what ails the American patent system.

[...]

The legislation does almost nothing to rein in the Federal Circuit's increasingly permissive attitude toward patents on abstract concepts like software, business methods, and mental processes. Only one provision of the Patent Reform Act addresses this issue: the House bill includes a prohibition on patents for tax planning methods.


As you can see, software patents remain unaddressable. As long as lobbyists rule and tame the system, law will be (re)shaped in a way such that monopolies benefit the most (while also whining the most loudly, as a crocodile's tears-type gesture to get people off their back).

Recent Techrights' Posts

Using SLAPPs to Cover Up Sexual Abuse and Strangulation
The exact same legal team of the Serial Strangler from Microsoft and Garrett already has a history fighting against "metoo"
 
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025
Plunder at the Second-Largest Institution in Europe
cuts, neglect, health problems, even early deaths
Links 12/07/2025: Political Developments, Attack on Opposition, Climate Actions
Links for the day
Gemini Links 12/07/2025: Melodic Musings and Small Web July
Links for the day
Links 12/07/2025: Jail in China for Homoerotica, South Korea Discriminates Against Old Workers
Links for the day
If Only Everything Was Rewritten in Rust, We'd Have No More Security Issues?
Nope.
Links 12/07/2025: Birdwatching and Fake/Misleading Wall Street 'Valuation' Figures
Links for the day
Gemini Links 12/07/2025: How to Avoid Writing, Apps for Android
Links for the day
EPO Staff Committee on Harassment in the Workplace
slides
Adding the Voice of Writers to UK SLAPP Reform
The journey to repair antiquated (monarchy era) laws will likely be long
EPO Takes More Money From Staff for Speculation (Pensions), Actuarial Study Explains the Impact
"The key change in this year’s Actuarial Study, due to cascading the new “risk appetite” from the financial study, is a significant increase of the total pension contribution rate of 5.7 percentage points, up to a total of 37.8%. This is driven by an unprecedented decrease in the discount rate of 105 bps down to 2.2%."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 11, 2025
IRC logs for Friday, July 11, 2025
Microsoft - Like IBM - Does the "Relocation" Tricks (Start Over Elsewhere, Then Get Sacked by Microsoft)
It is a "low blow" or a "dick move"
After the Free Software Foundation's Campaign to Raise Money Let's See Campaigns to Finish Off Microsoft (Vista 11, GitHub etc.)
Microsoft is in effect collapsing
Your Publications Have No Major Impact Unless or Until You "Get Some Heat"
we're on the right track
Slopwatch: A Cause for Hope, the Hype is Dying
For about a month we showed that becoming a slopfarm - for several weeks - resulted in utter failure and ruin for BetaNews
Links 11/07/2025: Censorship Worsening, 3D Printing Success Stories, UK and France Unite Around Nukes
Links for the day
Gemini Links 11/07/2025: Zorin OS and Scriptonite Updates
Links for the day
Links 11/07/2025: Hardware, Russia, and China
Links for the day
Links 11/07/2025: Intel Collapsing and Microsoft Resorts to Bribery to Push Slop Via Obligatory Education
Links for the day
The EFF Sided With the Team That Strangles Women and Tells Women to Kill Themselves
They say that apathy and inaction are a form of a "stance"
"Nat [Friedman] and [the Serial Strangler From Microsoft] Were Always Exceptionally Close," Says Former Housemate and Colleague
Now Alex (hiding behind another name when that suits him) not only attacks women but also people who merely report what he did to women
Exemplary List of Things That Are Not Artificial Intelligence or Even Intelligence
The "age of AI" or "era of AI" or "AI revolution" mostly boils down to rebranding, just like "the cloud"
New Letter From the European Patent Office Explains How the Office Plots to Grant Many Illegal Patents, a Self-Fulfilling Prophecy of 'Growth'
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO)
Abuse of Process
5RB is employing people who help violent men
What Microsoft's Nat Friedman and Microsoft Lunduke Have in Common
"Get in da car; No time to explain, loser"
Microsoft and IBM Don't Have Much of a Future (They Mostly Pretend at This Point)
IBM and Microsoft are in some ways alike but in many ways different
It's Not Just Twitter (or X.com) That's Dying, Microsoft's Equivalent is Dying Also
Unable to find a business model
GitHub Copilot Can Cause the Bankruptcy of GitHub to Come Sooner and GitHub to be Shut Down Just Like Skype
Some publicly available information suggests that even for each paid subscriber for plagiarism (LLM 'coding') GitHub Copilot still loses more money than it makes
Wayland is Bad for the Planet
If you use Wayland, it'll take you longer to accomplish tasks and you will consume more energy (or battery life)
Legitimising Those Who Sabotage You
Microsoft is a very malicious company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 10, 2025
IRC logs for Thursday, July 10, 2025
On Microsoft Layoffs
we might be looking at about 60,000 Microsoft layoffs since 2023
EPO Management Already Breaks Its Own Promise (Lie) on "Bringing Teams Together"
This gut-punching move happened just 2 days ago
Gemini Links 11/07/2025: Occupation of 2025 and "Old Man Yells At Soundcloud"
Links for the day
Our Lawsuits Against the 'Cancel Mob' (Ringleaders) Helped Reduce Anti-Free Software Online Abuse
That's not to say that lawsuits are the best way to handle terrible people. But that can help.