07.03.17

Gemini version available ♊︎

India Has No Software Patents “Per Se” Just Like Europe Has No Software Patents “As Such”

Posted in Asia, Law, Patents at 2:05 pm by Dr. Roy Schestowitz

And it’s similar in New Zealand after a lot of lobbying for such loopholes

India logoSummary: India’s software industry is at risk due to revisions which act as provisions to software patenting loopholes

WE frequently write about — and commend — India and its de facto ban on software patents in the country. It’s one of those things where India found the right balance that better serves the interests of the Indian people (the same goes for generics and a plethora of other policies).

“Sadly, India too is being muscled and manipulated into similar policies. Lobbyists constantly try to interject changes which — to their clients — may mean millions if not billions of dollars (in ‘protection’ money).”Over here in Europe we often hear from patent examiners who are pressured to grant software patents. It got a lot worse under Brimelow, not Battistelli, who took it to a whole new level at the EPO which he rapidly reduces to rubble. Since the “as such” loophole we have reached the point where large law firms openly state that it’s easier to get software patents at the EPO than at the USPTO. That’s just how bad things have become.

Sadly, India too is being muscled and manipulated into similar policies. Lobbyists constantly try to interject changes which — to their clients — may mean millions if not billions of dollars (in ‘protection’ money). Lobbyists like these work for foreign companies and their interests are clearly subversive to the indigenous population.

After our article from yesterday we found that Indian media still talks about the subject (e.g. [1, 2]). Some good folks from India got in touch with us (e.g. [1, 2]) and some told us about this response from technical people. “In the new proposed clause (k),” it says, “the words ”per se” have been inserted…”

How familiar…

“Know thy enemy, India. There are a bunch of so-called ‘publishers’, so-called ‘trade’ groups (lobbyists), patent lawyers and firms like IBM that attempt to subvert and/or hijack your laws so as to enable legalised looting of the Indian industry and Indian people.”It’s that classic loophole we saw in Europe and in New Zealand. The “revised software patent guidelines are a disaster,” Anubha Sinha is quoted to us as saying, and “will harm Indian industry…”

Obviously!

India makes software, not litigation.

Earlier today we were rather disgusted to see the London-based IAM, a front for patent trolls which had shamed and bullied India on this matter many times so far this year (e.g. [1-7] below) along with other front groups, saying that the changes “appear” to be good (to trolls). To quote: “The new standards appear to lower the bar for securing protection in the field. But for many IP owners, the real killer isn’t the still-strict standards on software patent eligibility, but rather the uncertainty created by what seem to be annual shifts towards and away from CRIs.”

Know thy enemy, India. There are a bunch of so-called ‘publishers’, so-called ‘trade’ groups (lobbyists), patent lawyers and firms like IBM that attempt to subvert and/or hijack your laws so as to enable legalised looting of the Indian industry and Indian people. This isn’t even beneficial to the West; it’s beneficial to very few people in the West, notably the patent microcosm that comprises patent law firms, trolls, and bullies. In the interests of software developers (globally-speaking) we need Indians to rebel against all that lobbying and restore sanity. Copyrights already cover the work of software developers and they know it’s sufficient.
_________

  1. China Adopts Software Patents and IAM ‘Magazine’ (Lobbyists) Continues to Shame India Into It
  2. IAM Just Can’t Stop Pushing for Software Patents in India
  3. IAM ‘Magazine’ as Megaphone for Chamber of Corporates (CoC), Which Tries Shaming India Into Software Patenting
  4. IAM Helps Enemies of India’s Interests Lobby for Software Patents in the Country
  5. IAM ‘Magazine’ in a Campaign to Destroy India’s IT Industry and Help Patent Trolls There
  6. IAM is a Think Tank for Patent Trolls, Software Patents, the EPO, Microsoft, and Whoever Else is Willing to Pay
  7. The Patent Microcosm’s Failed Push for Software Patents Resurgence in the US and Similar Attempts in India and China
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. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  2. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  3. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  4. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  5. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  6. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos



  7. Gemini Rings (Like Webrings) and Shared Spaces in Geminspace

    Much like the Web of 20+ years ago, Gemini lets online communities — real communities (not abused tenants, groomed to be ‘monetised’ like in Facebook or Flickr) — form networks, guilds, and rings



  8. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  9. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  10. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  11. Links 16/1/2022: Tsunami and Patents

    Links for the day



  12. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  13. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  14. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious



  15. Links 15/1/2022: Flameshot 11.0 and Libvirt 8.0

    Links for the day



  16. Blogging and Microblogging in Geminispace With Gemini Protocol

    Writing one’s thoughts and other things in Geminispace — even without setting up a Gemini server — is totally possible; gateways and services do exist for this purpose



  17. Links 15/1/2022: Raspberry Pi in Business

    Links for the day



  18. IRC Proceedings: Friday, January 14, 2022

    IRC logs for Friday, January 14, 2022



  19. Gemini Clients: Comparing Moonlander, Telescope, Amfora, Kristall, and Lagrange (Newer and Older)

    There are many independent implementations of clients (similar to Web browsers) that deal with Gemini protocol and today we compare them visually, using Techrights as a test case/capsule



  20. 2022 Starts With Censorship of Christmas and Other Greetings at the EPO

    The nihilists who run the EPO want a monopoly on holiday greetings; to make matters worse, they’re censoring staff representatives in their intranet whilst inconsistently applying said policies



  21. Links 14/1/2022: FFmpeg 5.0 and Wine 7.0 RC6

    Links for the day



  22. White House Asking Proprietary Software Companies That Add NSA Back Doors About Their Views on 'Open Source' Security

    The US government wants us to think that in order to tackle security issues we need to reach out to the collective 'wisdom' of the very culprits who created the security mess in the first place (even by intention, for imperialistic objectives)



  23. Links 14/1/2022: EasyOS 3.2.1 and Qt 6.3 Alpha

    Links for the day



  24. Scientific Excellence and the Debian Social Contract

    The Debian Project turns 30 next year; in spite of it being so ubiquitous (most of the important distros of GNU/Linux are based on Debian) it is suffering growing pains and some of that boils down to corporate cash and toxic, deeply divisive politics



  25. Links 14/1/2022: openSUSE Leap 15.2 EoL, VFX Designers Are Using GNU/Linux

    Links for the day



  26. IRC Proceedings: Thursday, January 13, 2022

    IRC logs for Thursday, January 13, 2022



  27. 2022 Commences With Microsoft-Themed (and Microsoft-Connected) FUD Against GNU/Linux

    A psychopathic Microsoft, aided by operatives inside the mainstream and so-called 'tech' media, keeps spreading old and invalid stigma about "Linux" and Free software; few people still bother responding to these fact-free FUD campaigns, which boil down to ‘perception management’ PR/propaganda



  28. Between January 2021 and January 2022 the Number of Active Gemini Capsules Nearly Quadrupled Based on Publicly-Available Catalogue of Capsules

    Geminispace has grown to about 2,000 known capsules and 1,600 of them are active, permanently online, fully accessible; in January last year these numbers were about 4 times smaller



  29. Links 13/1/2022: NetworkManager 1.34 and Everett 3.0.0

    Links for the day



  30. Links 13/1/2022: Sparky 5.16, Fwupd 1.7.4, and KDE Plasma 5.24 Beta Released

    Links for the day


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