STRONG OPPOSITION is being formed against software patents and yesterday we mentioned Red Hat's filing. Ars Technica covers this right about now, arguing very clearly that Red Hat is pushing for the end of software patents.
When the Supreme Court heard the Bilski case earlier this year, it ruled that the specific business method patent at issue in the case was invalid and contended that the patentability of intangible methods should be reduced but not eliminated. The court declined to provide clarity on the scope of software patentability, however, which leaves a lot of important questions unanswered.
[...]
Red Hat's submission was authored by Rob Tiller, the company's vice president and assistant general counsel. He argues that a growing number of vague patents on software methods have made it impossible to guess whether a new product will face the risk of litigation. His statement contends that the resulting landscape of uncertainty discourages innovation in the software industry.
“Truth is, if Oracle's acquisition failed, Sun would be sold to pieces. James Gosling implicitly admitted that the other day. Some pieces would go to trolls. So Moglen is right.”
--gnufreexFor those who wonder where repeated messages are allegedly posted (and even double-posted in at least one case), the list includes Ars Technica, IT world (IDG), Computer World (IDG), LWN, Slashdot, and various blogs (he was banned from Groklaw). In Twitter, Microsoft Florian is promoting Mono, Microsoft repositories, and he is chatting with the Microsoft crowd, conspiring to smear all the groups and people who support software freedom. Microsoft MVP de Icaza even helps him smear some of those groups and sites. Perfect couple, eh?
"Florian's points are all pretty weak," explained to us a reader who brought some of these allegations (gnufreex). "But enough to fool the ignorant. So it is dangerous. Best bet is to elegantly refute his points. For example, his Moglen smears goes like this: "Moglen supported Oracle's acquisition, so he is a sellout. Moglen also said that Oracle better home from Sun patents that Microsoft, and Microsoft never made bid for Sun. So Moglen is fear-mongering people against Microsoft/trying to make 'em believe in bogeyman called Microsoft.
"Truth is, if Oracle's acquisition failed, Sun would be sold to pieces. James Gosling implicitly admitted that the other day. Some pieces would go to trolls. So Moglen is right. Oracle is better than the alternative."
Anyway, moving on a little, journalism on the subject of patents appears to be poor. TechDirt has just caught a good new example where a reporter could not tell the difference between copyright and software patents and thus misreported:
Michael Scott pointed us to a story from the Mass High Tech Business News claiming that Adobe had been hit with a copyright infringement lawsuit by EveryScape. That caught my eye because it's pretty rare for there to be copyright infringement claims between software companies, since there needs to be actual copying of the code in question (in most cases), and that's pretty rare. And, reading the article, it didn't sound like anyone was actually alleging copying of code. The more I read, the more I suspected that the reporter just got the story totally wrong, and that this had to be a patent infringement case, rather than a copyright one.
And, indeed, that's what it appears to be. The company EveryScape, appears to have two patents (7,327,374 and 7,593,022) on the technology being discussed here. I get that not everyone recognizes the differences between copyrights, patents and trademarks, but honestly, if you're passing yourself off as a high tech publication, it seems like you should be able to get the basics down.
I am a US citizen and software engineer. I am a named inventor on at least three patents (numbers 7,346,839, 7,409,383, and 7,783,639) and am named as an inventor for numerous pending patent applications. I am employed by Google, Inc.; this letter represents my personal opinion and not necessarily that of my employer.
Software patents are a significant threat to innovation in the software industry and, by extension, all of America’s technology-related businesses. While I understand the theoretical case that software patents can foster innovation – by encouraging investment and advancing the state of the art through disclosure – I have not seen this to be the case in any way in the software industry.
A political push to create a single European Union-wide patent will get under way on Wednesday evening as EU industry ministers gather for an informal meeting in Brussels.
They will be urged to back a plan for a single patent that could apply across the 27-nation bloc and would be granted in one of three official languages – French, German or English.
Several months ago we reported that a group of Australian plaintiffs had initiated litigation challenging the validity of Myriad’s Australian BRCA patents. Much like its U.S. counterpart, the Australian lawsuit represents a frontal attack on the patentability of genes.
Here in the U.S., the gene patent litigation shows no signs of reaching a swift resolution. Over the summer, Myriad appealed March’s widely-discussed district court ruling invalidating several of its key BRCA patents and claims, and the current appeal is unlikely to be the last, regardless of the outcome. In Australia, however, Myriad appears to be taking a different tack: offering to surrender its BRCA patent.
The number of U.S. software patents held by women has increased 45-fold since 1985; three times the national average.
Comments
kozmcrae
2010-10-01 01:27:24
Here's the one I believe the Troll called in a favor on:
"Chapman makes a fool of himself again" Submitted by Anonymous on September 23, 2010 - 9:49 P.M.
"Richard, I'm highly educated. You probably don't even have a high school education. An MBA is smarter than 99.9% of all the people in the world. So shut up, and don't try to argue with someone whose smrater than you."
Whatever my education may be, I know enough to use the built-in spell checker in Firefox. I noticed too that he didn't say he was an MBA.
Dr. Roy Schestowitz
2010-10-01 02:01:31
Agent_Smith
2010-10-01 17:50:48
Dr. Roy Schestowitz
2010-10-01 19:17:03
Just don't take the Internet for granted as that too is under attack:
http://boingboing.net/2010/09/21/mpaa-actas-censoring.html http://yro.slashdot.org/article.pl?sid=10/09/21/2315251
twitter
2010-10-01 17:33:56
dyfet
2010-10-03 17:20:07
kozmcrae
2010-10-01 16:24:23
I would really like to tell my grandchildren how the War of Digital Independence was won, in person.
Dr. Roy Schestowitz
2010-10-01 16:37:12