07.03.17

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2017/07/03/software-patents-per-se/

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. Links 27/7/2021: New Godot Engine Beta and a Call for Funding of GIMP

    Links for the day



  2. The EPO's 'News' Page Annotated

    From the above: Greenwashing; Offshoring; ViCo nonsense; Openwashing; Patents=space travel? Faking empathy; Patents as monopoly; ViCo whitewash; Constitutional hogwash; ViCo propaganda; Pinkwashing; Whitewashing GDPR violation; Self-praise; Exploiting pandemic for $; More openwashing; Protectionism; Outsourcing; Occupying the legal system; Grifting and PR; 'Legalising' EPC violations; More surveillance; Patents as sharing?; Patents as mere info? Lobbying by litigation firms; Proprietary/MS



  3. Playing With Fire: The Linux Foundation Associates the Linux Brand With Proprietary Software and GitHub (as Usual)

    Racist IBM is once again using or misusing the “Linux” brand (through the Linux Foundation) to promote racist Watson (which is also proprietary software); the ‘Linux’ Foundation is now revisionism as a service (not just in service of its own mythology, e.g. the operating system starting in 1991 rather than 1983)



  4. Links 27/7/2021: KDE Plasma 5.22.4, Libinput 1.19 to Include Hold Gestures

    Links for the day



  5. Recording Videos With Webcamoid on GNU/Linux

    A lot of people use OBS Studio or similarly high-profile Free software that's mostly designed for live streaming; but this video is a bit different as it takes a look at Webcamoid, which not many people even know about, explaining the current setup that's used to record pretty much every video we make



  6. Getting News and Updates Over Gemini (in General and for Techrights)

    Gemini (gemini://) is very well suited for 'consumption' of news; the hardest part is getting past the simple fact that not every article needs to have pictures in it and syndication (for updates) isn't done through social control media



  7. IRC Proceedings: Monday, July 26, 2021

    IRC logs for Monday, July 26, 2021



  8. [Meme] Microsoft is Lecturing Us on Security!

    Dev Kundaliya and 'Hacker' News play along and go along with this laughable lie that Microsoft is some kind of security expert with moral authority/credibility on this subject



  9. [Meme] EPO 2025 (When Most of the Decent Patent Examiners Have Been Chased Away)

    Based on this week's reports (see batches of Daily Links), many recently-granted European Patents are being thrown out by courts, which means it's hardly surprising that demand for European Patents is in fact decreasing (while quality/validity/legal certainty nose-dives)



  10. Funding Sources Like Corporate Sponsors/Patrons/Masters Put at Risk the Freedom of Free Software

    Sources of funding or “sponsors” such as large corporations typically come with some barely-visible or temporarily-invisible strings attached (an expectation of commercial reciprocity, rendering the recipients subservient like ‘slaves’) and we need to understand how to preserve software freedom in the face of such trends



  11. Links 26/7/2021: Nanotale on GNU/Linux and IBM Promoting Microsoft GitHub

    Links for the day



  12. Free Software Projects Should Quit Selling Keynote Speeches to the Highest Bidders (Corporations) and Choose Based on Merit/Relevance

    OSI, SFC, FSF and Linux Foundation are in effect selling time and space (even to Microsoft, except the FSF was never foolish enough to do this). As of today, LibreOffice does the same thing (which might remain benign; just be sure to reject rivals as "sponsors" because it dooms projects and events).



  13. Microsoft Windows Has Lost Another 2 Million Web Sites This Past Month Alone (IIS Floundering)

    The rapid decline of Microsoft, Windows and IIS in servers is undeniable; it's just a damn shame that corporate and so-called 'tech' media never writes about this subject



  14. Links 26/7/2021: Grml 2021.07 and DXVK 1.9.1

    Links for the day



  15. Increasing Focus on Advocacy for the Free Software Community (Putting Control Over Computing in the Hands of People, Not Large Corporations)

    After 31,000 blog posts it's time to add a new theme to our coverage, which prioritises science, computer developers, and technology users; an urgent matter and pressing issue is the passage of control (e.g. over code and policy) to non-practising entities



  16. Video: How to Follow All Our Channels (Interactively) From the Command Line

    We’ve been enhancing the access possibilities/options for #techrights and other IRC channels, partly because we want to encourage more people to wean themselves off the DRM-ready Web, the monoculture, the bloat, the surveillance, and centralisation in general (the Web favours centralisation, which is exacerbated by the bloat and other topological dynamics)



  17. IRC Proceedings: Sunday, July 25, 2021

    IRC logs for Sunday, July 25, 2021



  18. Links 26/7/2021: Third RC of Linux 5.14 and Beta 3 of Haiku Project

    Links for the day



  19. No, Microsoft Does Not Get to Lecture Us on GNU/Linux Security (or Security in General)

    The corporate media wants us to think (or feel) like Microsoft is some kind of security guru; the reality, however, is the exact opposite because at Microsoft sometimes if not always/by default insecurity is the actual objective (back doors)



  20. Links 25/7/2021: MyGNUHealth 1.0.3 and Lots About Patents

    Links for the day



  21. Links 25/7/2021: LibreELEC (Matrix) 10.0 RC1 and Ubuntu 20.10 (Groovy Gorilla) End of Life

    Links for the day



  22. IRC Proceedings: Saturday, July 24, 2021

    IRC logs for Saturday, July 24, 2021



  23. Following Techrights IRC Channels From the Command Line (or the Web and Gemini)

    The (almost) real-time logs for #techrights have been available in http://techrights.org/irc and in gemini://gemini.techrights.org/chat/index.gmi for over a month; today we extend that to cover all channels (aggregated into one)



  24. Links 24/7/2021: Skrooge 2.26.1 and K-9 Mail Release

    Links for the day



  25. Links 24/7/2021: FreeBSD Report (April-June) and KDE Reporting Its Progress

    Links for the day



  26. Support the Founders of GNU and Linux, Besieged by People and Corporations That Hate Development Communities and Seek Oppressive Monopoly Over Everything

    The founders of GNU and Linux (Stallman and Torvalds, respectively) want to give us free (as in freedom) software by which to control our destiny; the forces looking to demonise and marginalise both of them don’t have the same objectives (to whom they’re antithetical)



  27. IRC Proceedings: Friday, July 23, 2021

    IRC logs for Friday, July 23, 2021



  28. [Meme] Linus Should Reassert Control of Linux

    Linus Torvalds needs to quit being at the mercy of monopolies (or monopolists who sent him to see therapists as if he was mentally ill); at the moment the development of Linux isn’t steered by people and thus not for people (but large corporations that work with states and armies)



  29. Remember That the 'Linux' Foundation is Working Against You (Unless You're a Monopoly)

    The corporate siege by a certain so-called ‘Linux’ Foundation (a siege against people and against their authentic communities) carries on; of course they try to disguise it as the exact opposite of what it really is and it is therefore essential that we all understand how and why they do this (these tactics are borrowed from dirty politics and contagious cults)



  30. Links 24/7/2021: Rackspace Layoffs and Ubuntu Touch's Latest

    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