06.01.13

Gemini version available ♊︎

Patent Lawyers Fight to Keep and Facilitate Software Patents Worldwide, Using Misinterpretation, Distraction, and Loopholes

Posted in Patents at 9:22 am by Dr. Roy Schestowitz

Court

Summary: Why reform addressing patent scope is becoming ever more elusive and who is responsible for this

With software patents in New Zealand not entirely dead yet, some lawyers in the London-based pro-software patents blog try to promote the notion of software patenting, as always. “It all comes out in the wash: New Zealand grapples with computer programs ‘as such’” says the headline. To quote the lawyers’ echo chamber, “[t]his means that a computer program will not be a patentable invention if the sole inventive feature is that it is a computer program, explain Simpson Grierson. It will, though, be possible to obtain a patent for a computer program if the invention’s contribution lies outside of the computer, or if the contribution affects the computer itself but is not dependent on the type of data being processed or the particular application being used.”

Why is this relevant? They lobbied for something similar (“as such”) to enable or facilitate software patents in Europe. It’s becoming a trending topic again. Matthias Kirschner of the FSFE says that “[o]ut of 58 innovations of the most important software innovations only 5 may be subject to patents,” based on a recent paper. He wrote some articles on the subject of software patents recently (those are in German though). He also noted that “#Google gets some more time in the #swpat fight with #Microsoft [link to Microsoft Florian omitted] When will this patent insanity stop?” Maybe when we start identifying where this mess comes from and start getting more active.

Watch another lawyers’ Web site promoting software patents this week, citing David Kappos. They are providing ammunition to overzealous lawyers who keep (even this week) discrediting progress. The microcosm of lawyers continues to discredit those who claim CAFC put software patents in a dark alley, as evidenced here. It is important to recognise that patent lawyers are doing this, knowingly impeding progress.

James Love wrote the other day that “The ideology around patents is so strong that people tolerate extreme inequalities of access to cancer drugs, and access-related deaths.”

These debates are usually dominated by clueless bureaucrats and lawyers (often the same group). Pamela Jones, a paralegal, says that “Finally, Computer Scientists Speak” in the biggest case over Android. She writes: “An amazing collection of the leading computer scientists in the world have joined together to stand with Google and against Oracle in the Oracle v. Google appeal about APIs, and they ask the court to affirm Judge William Alsup’s decision that the Java APIs are not copyrightable. It’s in an amicus brief [PDF] that EFF has just filed.”

Josh Mendelsohn says Public Radio International (PRI) is to “revisit software patents this weekend” in this show, but it seems to involve EFF lawyers who focus on trolls and not software patents like they promised they would. We shall see. We have already criticised the EFF for this. “No mention of the problem patent(s),” says iophk about the latest EFF action (about podcasting). “Also, fighting the patents one at a time is just playing expensive whack-a-mole at $4,000,000 a hit. Better to concentrate the effort on eliminating software patents, that’s a one-time investment, not a subscription activity” (prior to this, the EFF ran the futile patent busting endevaour — a one-by-one effort).

iophk is right. The EFF is just feeding lawyers in a trial and it’s usually lawyers who write for them on this topic, serving as a bit of a distraction.

The real problem with patents is not trolls. Some trolls, such as MPEG-LA, act as a proxy for giants like Apple and Microsoft, doing this for many years despite complaints to the government.

The problem is software patents, which MPEG-LA is all about. To give another infamous example, consider the caller ID patent and its impact. Like podcasting and multimedia patents, it is a software patent.

Lawyers may deliberately lead us down the road of pseudo reform that would achieve too little and legitimise so much of the status quo. Here is another new post which focuses on trolls rather than patent scope. It says: “Retailers are finally fighting back against so-called patent trolls, firms that buy patents and then threaten retailers to get whatever licensing fees they can. These firms generally don’t want to go to court. They’d rather send letters and make a nice living from the checks of chains that can’t be bothered to fight.”

These retails are almost always hit by software patents. The fact that the holders are patent trolls is not so relevant.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Monday, October 25, 2021

    IRC logs for Monday, October 25, 2021



  2. [Meme] “Social Democracy” at the EPO

    Some comments on the current situation at the European Patent Office from Goran Gerasimovski, the new EPO Administrative Council delegate for North Macedonia and Social Democratic candidate for mayor of Centar (a municipality of Skopje)



  3. [Meme] António Campinos Visits the OSIM

    António Campinos visits OSIM Director-General Ionel Muscalu in February 2014



  4. [Meme] [Teaser] Meet the President

    Later today we shall see what Romania did for Battistelli



  5. Links 26/10/2021: Latte Dock 0.10.3 and Linux 5.15 RC7

    Links for the day



  6. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  7. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  8. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations



  9. Links 25/10/2021: New Slackware64-current and a Look at Ubuntu Budgie

    Links for the day



  10. Links 25/10/2021: pg_statement_rollback 1.3 and Lots of Patent Catchup

    Links for the day



  11. Microsoft GitHub Exposé — Part III — A Story of Plagiarism and Likely Securities Fraud

    Today we tread slowly and take another step ahead, revealing the nature of only some among many problems that GitHub and Microsoft are hiding from the general public (to the point of spiking media reports)



  12. [Meme] [Teaser] Oligarchs-Controlled Patent Offices With Media Connections That Cover Up Corruption

    As we shall see later today, the ‘underworld’ in Bulgaria played a role or pulled the strings of politically-appointed administrators who guarded Benoît Battistelli‘s liberticidal regime at the EPO



  13. IRC Proceedings: Sunday, October 24, 2021

    IRC logs for Sunday, October 24, 2021



  14. Links 25/10/2021: EasyOS 3.1 and Bareflank 3.0

    Links for the day



  15. The Demolition of the EPO Was Made Possible With Assistance From Countries That Barely Have European Patents

    The legal basis of today's EPO has been crushed; a lot of this was made possible by countries with barely any stakes in the outcome



  16. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania

    We continue to look at Benoît Battistelli‘s enablers at the EPO



  17. Links 24/10/2021: GPS Daemon (GPSD) Bug and Lots of Openwashing

    Links for the day



  18. Links 24/10/2021: XWayland 21.1.3 and Ubuntu Linux 22.04 LTS Daily Build

    Links for the day



  19. IRC Proceedings: Saturday, October 23, 2021

    IRC logs for Saturday, October 23, 2021



  20. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  21. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  22. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  23. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  24. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  25. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  26. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  27. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  28. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  29. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  30. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli


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