07.01.10

Dan Ravicher Suggests Organising for Chance of a US Patent Overhaul

Posted in America, Law, Microsoft, Patents at 10:05 am by Dr. Roy Schestowitz

Summary: The SFLC’s analysis of In Re Bilski does not neglect to make suggestions for those who pursue abolishment of software patents in the United States

BILSKI’S patent did not bring about any major change, but it did get thrown out. The SFLS[how] spoke [Ogg] to Dan Ravicher, the legal director at SFLC. Having looked at the full SCOTUS text and drawn some conclusions, he states that the current administration is of no use when it comes to abolishing software patents because it’s already in the pocket of the pro-patent interests [1, 2].

“[W]hat we really have to start do, if people are outraged by this, they need to start acting that way and refuse to transact business…”
      –Dan Ravicher,
Instead, suggests Ravicher (around minute 42 from the start), “what we really have to start do, if people are outraged by this, they need to start acting that way and refuse to transact business and encourage people to collect their voices together in unison and we actually need to make this a policy issue that we care about.” Here is the audiocast/oggcast as HTML5 embedment:

Rather than talk about the defeat of Bilski, Florian Müller ‘injected’ his opinion (e.g. [1, 2]) that it’s only a loss to opposers of software patents, despite the fact that there are good sides to the ruling. As the Washington Post put it, “Supreme Court ‘Bilski’ ruling doesn’t rule out software, business-method patents,” but this does not mean that these are validated. In fact, based on Ravicher’s interpretation, Scalia still distances himself from the patenting of software (as he did when he addressed Microsoft lawyers some years ago).

Speaking of judges like Scalia, David Boies is going to battle against Microsoft yet again, this time over the issue of software patents:

Get ‘em, Boies: Salesforce countersues Microsoft

Salesforce.com CEO Marc Benioff says Microsoft is a patent troll. Looks like it takes one to know one. On Thursday, the company answered Microsoft’s charges of patent infringement with patent-infringement charges of its own.

For context, also see:

Here is what a Windows news section said about the Bilski ruling (bias expected):

Upholding an appeals court ruling in the closely watched Bilski v. Kappos case, the U.S. Supreme Court denied patent protection to a specific business method for energy trading. But the Supreme Court chose not to clarify the lines that define patentable subject matter.

The disallowed patent claim describes a series of steps for hedging against the risk of price changes in the energy commodities market. It was rejected by a patent examiner because it was an abstract formula not implemented on a specific device.

The “device” loophole/trick is being used by Microsoft in other parts of the world, including Europe. Someone really ought to resolve this ambiguity (the Supreme Court even contains two ambiguities in one statement about software, regarding the future of what qualifies as “invention”).

The US patent system is out of control. Choudhury’s yoga patents are a great new example of this. From this week’s news:

American attempt to patent yoga, puts Indians on their toes. Last week, Open Source Yoga Unity, a San Francisco-based non-profit group of yoga enthusiasts, filed a federal lawsuit attacking Choudhury’s patent on 26 yoga postures.At the center of the suit is the question. ‘‘Whose yoga is it anyway? ” The saying, “What’s in the past, should stay in the past” – doesn’t work here.

Here is Ravicher commenting on gene patents — another class of outrageous monopolies. How far will patents go when lawyers are put in charge to maximise their own profit?


Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2010/07/01/sflc-bilski-analysis/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. IRC Proceedings: Saturday, May 15, 2021

    IRC logs for Saturday, May 15, 2021



  2. [Meme] When All That Matters is 'Production' and 'Timeliness'

    The EPO has gone down the same route as the U.S. Patent and Trademark Office (USPTO) when it comes to patent quality; as if the goal is to grant 11 million patents (most of them in just a few decades) rather than assess the impact of such patents



  3. The EPO's War on Justice and Assault on the Law -- Part 8: The Radical Student “Brotherhood”

    The latest part in this series explores the roots of Judge Josefsson; that can help explain how Benoît Battistelli constructed his stacked EPO ‘court’, which he and António Campinos basically control to rubber-stamp whatever illegal practices they engage in (in pursuit of money and power, at the expense of the law)



  4. Christoph Ernst Lecturing Us on “Transparency” and EPO Corruption (as Well as Assault on the EPC) Becoming a “New Normal”

    The EPO’s administration continues rushing ahead with an unlawful agenda, exploiting a pandemic that’s gradually coming under control regardless to shred apart the EPC



  5. Richard Stallman's Talk About New/er Risks to Free Software (Free as in Freedom-Respecting, Libre)

    Richard M. Stallman (RMS) gave the above talk not too long before the attacks on him intensified greatly, serving to silence him for nearly 2 years



  6. Jacques Michel and Willy (Guillaume) Minnoye: Stakeholders in EPO Lawlessness

    Former EPO Vice-Presidents who wish not to be held accountable for what they did in the Office (or be chased after leaving their duties, finishing/ending terms there) are adding fuel to the illegal agenda of an EPOnian regime



  7. Links 15/5/2021: Godot 3.3.1 RC 2 and Pine64 Hardware in Focus

    Links for the day



  8. The EPO's War on Justice and Assault on the Law -- Part 7: Calle's Strange Metamorphosis

    Sources believe the “legal anarchy” that EPOnia became notorious for, especially when it comes to handling referrals at the EPO‘s BoA, will become a dark legacy — a legacy that would, if he was alive, disappoint even Josefsson’s source of inspiration



  9. Making up Law at the EPO

    Another video about the ongoing EPO series and some news/commentary from around the Web



  10. Over a Thousand Videos (or Audio Files) and More Protocols Supported

    From just a Web site (ordinary HTTP/S protocol) we've expanded to alternative channels of communication; this is a quick roundup, with focus on last night's development work (already pushed into our self-hosted Git repository)



  11. IRC Proceedings: Friday, May 14, 2021

    IRC logs for Friday, May 14, 2021



  12. Nathan Proctor: Right to Repair and the DMCA

    LibrePlanet 2019 video



  13. [Meme] Calle Calling...

    The values of the Habermasian EPO judge depend on who’s paying the salary



  14. The EPO's War on Justice and Assault on the Law -- Part 6: The Habermasian Who Warned About “Legal Anarchy”

    The political orientation of a Benoît Battistelli-appointed EPO judge who has the audacity to talk about legal anarchy and bemoan abuse of the law; the António Campinos administration extended his term until (at least) 2027



  15. Paid-for Plugs and Coordinated Marketing Fluff (PR Campaigns) Are Ruining 'Linux' Sites

    Junk 'articles' (just marketing disguised as 'news') spoil the World Wide Web; companies repeat the same sales pitch over and over again, sometimes leveraging what they perceive to be avenues read by geeks



  16. Links 15/5/2021: GCC 8.5, Fedora Community Revamp

    Links for the day



  17. Links 14/5/2021: FreeBSD on the Pine H6, Red Hat Hiring

    Links for the day



  18. Protecting Freenode is Protecting the Free Software Movement

    Freenode may seem like a negligible corner of the Internet, which media never bothers mentioning at all; but Freenode, which many have come to take for granted, is core infrastructure for many Free software projects and protecting the network is essential for the Free Software Movement



  19. EPO Justice

    Justice in Europe's second-largest institution, where the law itself is a second-class citizen



  20. IRC Proceedings: Thursday, May 13, 2021

    IRC logs for Thursday, May 13, 2021



  21. Understanding How Freenode (IRC) Works -- or Doesn't Work -- in 2021

    There is a conflict going on behind the scenes at Freenode, but there are also sincere and well-meaning attempts to undo the damage and get back to normal



  22. [Meme] Judges the Office Cannot Control Are Just Nazis With Weapons in Their Office...

    The EPO hasn’t been run by grown-ups for over ten years; Benoît Battistelli, António Campinos and their confidants cannot grasp the concept of law, just blind loyalty



  23. The EPO's War on Justice and Assault on the Law -- Part 5: Battistelli's “Swedish Chef”

    The EPO's 'courts' are controlled by the people whom they're supposed to judge on; this has been the case for at least half a decade



  24. Links 14/5/2021: KDE Plasma 5.22 Beta and GNOME 40 in Gentoo

    Links for the day



  25. Audio: “Unjust Computing Clamps Down” by Richard Stallman

    The FSF has finally uploaded the LibrePlanet talk of Richard Stallman



  26. Links 13/5/2021: KDE Gear 21.04.1 and LibreOffice 7.0.6

    Links for the day



  27. The EPO's War on Justice and Assault on the Law -- Part 4: The President of the Boards of Appeal

    A deeper look into the ‘sausage factory’ that is EPO tribunals certainly helps us understand the inherent bias of many decisions, including a recent decision on European software patents like a controversial simulation patent



  28. Judging the Judges

    Today we shall take a closer look at Carl Josefsson, a person who shall become a figure of interest if he sends EPO courts to the United States in clear violation of the EPC (looking to rubber-stamp an unlawful decision already made before this case even started)



  29. When EU Authorities Tell You to Complain to the EPO Itself About EPO Privacy Violations...

    “Kafkaesque” at the EPO; Kafka could do a whole novel about the flirtations with or affairs of ‘justice’ at the EPO



  30. The Need for Reliable Governance at Freenode

    Why the current and high-profile (albeit somewhat covert) owner of the network, who seems to care about Free software (it has made him very wealthy), should put the whole thing in reliable hands and not attempt to 'monetise' it in any way


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts