Bonum Certa Men Certa

Mainstream Press is Turning Against Software Patents

Newspaper



Summary: The consensus is being shifted as the alleged benefits of patent systems come under question in the US, India, and elsewhere

The fight over many issues is typically fought out in the media, where public opinion can be shaped using words like "piracy". Over the years we have seen many conformist views in the media when it comes to patents, but the consensus is now leaning towards the opposite, except in the corporate press (not the same as the mainstream, despite overlap). According to this one site, "Software patents come home to roost" now that India-based companies are trolling companies in the US, using the USPTO against its clients (showing how the USPTO harms the very same nation it is based in while India's patent office holds back on such foolish ideas):



Most people have heard of online trolls, people who take joy in being rude and sometimes even abusive. You might not have heard of patent trolls, but they are wreaking havoc in the software business, and some developers are threatening to quit the US unless patent laws are reformed.

Patent trolls are companies that collect patents and aggressively pursue anyone they think has infringed them. Often, patent trolls have no intention of developing the technology outlined in the patents. Instead, they act opportunistically to maximise the income from their patent portfolio.

Mumbai-based Kootol Software Ltd has given notice to over 32 companies whom it claims has infringed on its US patent for “messaging, publication and real time searching technology”. Amongst the accused are giants Microsoft, Google, Apple, Amazon and IBM, as well as social media sites Twitter, LinkedIn, Facebook and Foursquare.


"Software Patent Trolls In India" is another new headline that we found today. The article/blog post says:

Patent trolls are people or organisation that acquires a patent with the primary objective of non use of the same. Their main objective is to get maximum commercial benefit through licensing mechanism. They also intend to sue others for patent infringement and derive monetary benefits through compensation for the alleged patent infringement.

Software developers in US are frequently targeted by such patent trolls through cease and desist orders by alleging patent infringement. So bad has become the situation that software developers in US have threatened to leave US unless they are duly protected from such trolls.

So what is the position regarding the same in India. Patent Trolls and their Regulations in India is well founded says Praveen Dalal, managing partner of New Delhi based IP and ICT law firm Perry4Law. Indian Patents Act 1970 “Prohibits” Unfair Trade Practices of Hoarding a Patent by not using the same and hindering its availability to general public, informs Dalal


Pranesh Prakash argues: "Non-practising entities shouldn't be entitled to sue for patent infringement."

Moreover, it would make sense to prohibit lawsuit against another company in another country. This would help prevent many of Apple's lawsuits against Linux/Android. They all use coercive means like economic sanctions.

Over in New Zealand we find this new article which says about a very recent broadcast:

Also on The Court Report this week, if you create something original, shouldn't you be able to patent it? The obvious answer is yes ... yet in New Zealand computer software is not eligible for patent. For an industry that seems rife with illegal copying and downloading, that may beggar belief. Certainly large software developers want to see this changed; they're lobbying hard to see their work patented. But there is a less obvious side to this argument ... because equally there's a large group of developers who believe in free and open access to software. How can you grant a patent to something that's little more than a collection of zeroes and ones?


If any of our reader has a link/file to the video, please share. We have heard from people who were involved in this debate, but publishing a copy would be useful (and compliant with fair use doctrine).

Over here in the EU (see wiki for background), this is this claim about the legality of a system that would potentially bring software patents into the whole of Europe in one fell swoop:

Under close scrutiny, it appears that the legal basis of the regulation on the unitary patent is at best questionable. At worst, such doubts could very well mean that the regulation is simply illegal. In a situation where the enhanced cooperation procedure is already undergoing two appeals before the European Court of Justice (ECJ), the future of the unitary patent cannot afford such strong legal uncertainty. Hopefully, some amendments to the proposed regulation could help the unitary patent to partly overcome this hindrance.


The site is actually on the bad side on this debate -- that which helps large corporations outside of Europe without bringing benefits to Europe itself. Will democracy survive or will it be toppled by political abuse?

Recent Techrights' Posts

No Time Left for President Biden to Pardon Julian Assange
At least they tried
Total Lock-down Ambitions - Part IV - The Latest Examples and the Perils (in Summary)
For further reading take a look at Musial's nice outline
FOSDEM is Called "FOSDEM" Because of Richard Stallman (RMS)
The overlap there seems timely; yesterday RMS spoke in French-speaking (in part) Switzerland where questions in French were accepted
Video: University in Peru Honours Richard Stallman
Tomorrow, January 20, Richard Stallman speaks in France
 
What's Running on the Laptops
12 months have passed
They Won't Buy Vista 11 PCs or "Hey Hi" Copilot+++++++ PCs of Microsoft (With TPM)
Windows at 8%
[Meme] 404, Not Found
Kuhn: I'd like to interject for a moment, we made an alliance with the Microsoft-dominated LF to outsource projects to Microsoft GitHub and rich people gave us money to do this
Links 19/01/2025: Gaza Ceasefire and PR Stunt by Fentanylware (TikTok), Faking It by "Going Dark" to Incite American Addicts (Users)
Links for the day
Links 19/01/2025: TikTok (Fentanylware) Now Banned in the US, Convicted Felon Talks to Fentanylware CEO and Pooh-Tin About Undoing the Ban Despite the Supreme Court Unanimously Upholding It
Links for the day
FTC Realises Microsoft Buying Fake 'Clients' to Fake "Revenue" (Microsoft 'Buying' Services and Products From Itself!)
Ponzi scheme
Total Lock-down Ambitions - Part III - The Web Browser as DRM Pusher
A lot of "streaming" stuff is DRM
IBM Termination Story and Information From Microsoft About Mass Layoffs
In 2 weeks of 2025 Microsoft already had 2 waves of layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 18, 2025
IRC logs for Saturday, January 18, 2025
Links 18/01/2025: Restoring the Great Wall of China and Economic Expansion in China
Links for the day
Guardian Digital (linuxsecurity.com) is Spamming the Web With Microsoft's Promotional LLM Slop About UEFI 'Secure' Boot (Which is Against Real Security)
This is an attack on honest journalism
Links 18/01/2025: TikTok's Endgame, "Car Freedom", and Spying in Cars 'Fines' GM (Settlement)
Links for the day
January 20: Richard Stallman Talk in Europe
evening time in Europe, around midday in the United States and Canada
Links 18/01/2025: Apple Getting Out of Hey Hi (AI) Slop (Too Much Misinformation), Chaffbots/Chatbots Try to Settle Copyright Infringement Lawsuits
Links for the day
What Fake News Sites Are Doing to GNU/Linux
The LLM slop about Linux serves two purposes
Links 18/01/2025: Microsofters Upset at Microsoft's Ridiculous Rebrands (Excuse for Massive Price Hikes), Chaffbot Company ('Open'AI) Faces More Lawsuits
Links for the day
Gemini Links 18/01/2025: Surge in Illnesses, ctags, and Gemsync
Links for the day
Slopwatch: Too Lazy to Write Real Articles, Offloading to Chatbots Instead (LLM Slop About "Linux")
The Web was already full of garbage before the LLM frenzy. Now it's even worse.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 17, 2025
IRC logs for Friday, January 17, 2025
RMS 'Inauguration' in Montpellier (Government Administration) on January 20th
Happy hacking
Even Technical Articles and HowTos From UNIXMen Nowadays Seem to be LLM Slop
We've just permanently removed the RSS feed of UNIXMen
The FSF's 2024 End-of-Year Fundraiser Succeeds: Over $400k to Support Software Freedom
That's worth bringing up again because the SFC is trying to 'crash' this achievement of the FSF
[Meme] Fentanylware (TikTok) Banned in the United States, Next Up European Union (EU)
And the United Kingdom (UK)
President Biden is Right, "Free Press is Crumbling" and the United States Exports Its Media-Hostile Culture to Other Continents
perhaps Biden should pay closer attention to how Donald Trump-inspired Americans take their battles to other continents
Links 17/01/2025: TikTok Banned by the United Stated (SCOTUS Rejects Appeal)
Links for the day
Software Freedom Conservancy Inc (SFC) Makes It Obvious It's Just a Copycat Trying to Exploit or Leech Off the FSF's (and GNU's) Work
They swim next to the rich people (who "match")
Links 17/01/2025: Fentanylware (TikTok) Herds Its (Drug) Users Into Even More Harmful "Apps"
Links for the day
Guardian Digital, Inc (linuxsecurity.com) Uses Microsoft-Controlled Front Groups and LLM Slop in Order to Spread Microsoft-Directed Anti-Linux FUD
Microsoft garbage likely produced by Microsoft LLMs, spewing out Microsoft FUD
Likely Fake 'Article' About Linux Mint 22.1
BetaNews fired up its plagiarism machine (LLM)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 16, 2025
IRC logs for Thursday, January 16, 2025