Bonum Certa Men Certa

Obama Can Determine If Software Patents Go Away or Go Global

Coburn and Obama discuss S. 2590



Summary: Why the patent reform (or lack thereof) is a matter of international importance amid Wikileaks revelations

THE PATENT SYSTEM penalises software developers who do not play by its rules and waste money (and time) on paperwork instead of code. The "[p]atent system is patently uneven," even according to Microsoft apologists who inevitably realise that patents are not beneficial to software developers. They already have copyrights and that ought to be more than enough.



"The global patent system has been debated behind closed doors and colonialist nations have been working hard, e.g. using lists of shame and sanctions, to pressure every nation to move into the fold."According to selected Cablegate cables that we have amassed (many more to come at a later date), the fake reform we saw at the USPTO is very much in alignment with the plan to just tweak everything internationally so as to make fusion easier when the time comes for globalisation of the patent offices (led by the trilateral members). The global patent system has been debated behind closed doors and colonialist nations have been working hard, e.g. using lists of shame and sanctions, to pressure every nation to move into the fold. According to IP Watch, an investigative Web site sceptical of intellectual monopolies, the "US Patent Law [Is] Seen Opening Door To Global Harmonisation At WIPO":

Just a week after US patent reform was signed into law, the Symposium of Intellectual Property Authorities opened with an air of celebration on 22 September at the World Intellectual Property Organization (WIPO). During the opening session, several keynote speakers congratulated United States Patent and Trademark Office Director David Kappos for the long-awaited legislation helping to harmonise the American patent process with the rest of the world.


This is just colonialism. It is a mechanism for asserting that whatever the developing world (euphemism for under-developed) achieves is the 'property' of the developed world. And as the President of the FFII puts it:

US patent reform to drive WIPO substantive harmonisation, and software patents at the global level?


This subject may be grossly under-covered, but we are really at the crossroad where software patents can either fall (there is a petition for Obama right now) or go universal. Here is an update regarding the petition:

At this moment, on the White House's official website for petitioning the government, the only thing as popular as legalizing marijuana and separating church from state is a petition to "Direct the Patent Office to Cease Issuing Software Patents."

There are lots of good reasons to end the practice of patenting software, including the fact that software patents are primarily a vehicle for transferring wealth from the innovators who create it to patent trolls whose sole "product" is litigation. (Software patents are also sometimes used by big companies to take their rivals down a peg or two, in what seems like an effort to pile up so many cross-licensing fees that they all cancel each other out.)


We really need "Change" in patent law. The 'reform' everyone talks about isn't it. As Gamasutra put it the other day, "don't expect "patent trolls" who plague the video game industry to go hiding under the bridge just yet, or other burdens on innovation and ingenuity to vanish into thin air."

The reform needs to go much further and the court system too needs to improve its clarity following decisions like this one, leading to allegations that "Appeals Court Arbitrarily Deciding What Is And What's Not Patentable" (according to Masnick).

"There is a very strong push to make a global patent system -- a push that Cablegate/Wikileaks make very visible."Quoting further from the article:"As James Bessen has said repeatedly, a working patent system would lead to clear boundaries. A broken patent system is one with ridiculously vague boundaries, because all that does is increase litigation. The Supreme Court really should have made a clear ruling in Bilski. Instead, in many ways, the confusion and uncertainty is making the system worse, and just encouraging greater litigation."

What is happening right now is troubling because the 'patent' courts -- not just the patent system -- are being further perturbed to the point where Europe is debating a centralised court for patent matters. It is that sort of move which can establish a no-escape policy for developers who are alleged to have infringed something by some company across the Pacific or the Atlantic. The reform in the US (or lack thereof) affects each and every one of us who buys or develops software products. There is a very strong push to make a global patent system -- a push that Cablegate/Wikileaks make very visible.

American (US) citizens: please sign this petition in President Obama's Drupal/Linux-powered site. 5,000 signatures were required to reach the milestone and get his attention, but there are already more than 10,000. This also helps generate press coverage and revive the debate.

Comments

Recent Techrights' Posts

[Meme] Security is Not a Failure to Boot (or Illusion of Security Due to 'Unknown' System)
Red Hat is largely responsible for this mess
What is Secure Boot?
Security means the user feels safe and secure - i.e. confident that the machine would continue to work following a reboot or a system upgrade (or kernel upgrade)
Links 27/05/2024: Chatbots Generate Hateful Output, TPM Performance Scrutinised
Links for the day
David Heinemeier Hansson (DHH) Realises What He Should Have Decades Ago
seeing that DHH is moving away from Apple is kind of a big deal
 
StatCounter (or statCounter) Has Mostly Recovered From a Day's Downtime (Malfunction)
Some of the material we've published based on the statCounter datasets truly annoys Microsofters
Google: We Don't Have Source Diversity, But We Have Chatbot Spew in Place of Sources (and It's Not Even Accurate)
Search engines and news search never looked this bad...
StatCounter (or statCounter) Has Been Broken for Nearly 24 Hours. Who Benefits? Microsoft.
StatCounter is broken right now and has been broken for nearly 24 hours already
Reinvigorating the Voice of GNU/Linux Users (Not Companies Whose Chiefs Don't Even Use GNU/Linux!)
Scott Ruecker has just announced his return
"Tech" in the Context of Even Bigger Issues
"Tech" (or technology) activism is important; but there's a bigger picture
A Decade of In-Depth Coverage of Corruption at the European Patent Office (EPO)
The world needs transparency and sunlight
Delayed Series About Dr. Richard Stallman
A lot of the attacks on him boil down to petty things
Hopefully Not Sunset for StatCounter
We hope that StatCounter will be back soon.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 26, 2024
IRC logs for Sunday, May 26, 2024
Links 27/05/2024: Self-Publishing, Patent Monopolies, and Armed Conflicts
Links for the day
Gemini Links 27/05/2024: Tethering Connection and PFAs
Links for the day
Imagine Canada Enabling Rapists to Harass Their (Rape) Victims
This analogy is applicable because abusers are empowered against the abused
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting My Old "Tweets"
This was basically an act of vandalism no better and no worse than UEFI restricted boot
Links 26/05/2024: Google 'Search' Morphing Into Disinformation Factory, Discussion of Maze of the Prison Industrial Complex
Links for the day
In the Pacific (Mostly Islands Around Oceania) GNU/Linux Grew a Lot
Microsoft cannot compete fairly
A Toast to Tux Machines
Food ready for the party, no photos yet...
IBM/Red Hat Failing to Meet Its WARN Obligations in NC (STATE OF NORTH CAROLINA), or Perhaps It's Constantly Delaying the Layoffs
IBM isn't named even once
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 25, 2024
IRC logs for Saturday, May 25, 2024
GNU/Linux in Greenland
The sharp increases for GNU/Linux started last summer
The Sheer Absurdity of the EPO's Career System Explained by EPO Staff
"Staff representation has previously pointed this out to management, and the career system has been the reason for several industrial actions and litigation cases initiated by SUEPO."
[Meme] Productivity Champ Nellie Simon: It Takes Me 3+ Weeks to Write 6 Paragraphs
Congrats to Nellie Simon!
It Took EPO Management 3+ Weeks to Respond to a Letter About an Urgent Problem (Defunding of EPO Staff)
The funny thing about it is that Nellie Simon expects examiners to work day and night (which is illegal) while she herself takes 3+ weeks to write a 1-page letter
Staff Union of the EPO (SUEPO) in The Hague Taking Action to Rectify Cuts to Families of Workers
they "are active in challenging this measure via the legal system"
Links 25/05/2024: Microsoft Adds More DRM (Screenshot Blocking), Another Microsoft Outage Takes Down Everything
Links for the day
Gemini Links 25/05/2024: "Bill Smugs" and OpenBSD Mirror Over Tor / I2P
Links for the day
Microsoft #1 in Gaming Layoffs, Laid Off Workers Receive Another Insult From Microsoft
Many of them never chose to work for Microsoft
In New Caledonia Windows is Now Below 30% (It Used to be Over 90%)
Microsoft's Windows absolutely collapsing and the measures are relatively stable
Forget About India's and Pakistan's Nuclear Weapons and Armament Race, They Need to Abscond Windows and Microsoft (Security Swiss Cheese)
Both countries would be wise to remove Windows as soon as possible, irrespective of the local party politics
statCounter: GNU/Linux Rose From 0.2% to Over 3% in Pakistan
GNU/Linux "proper" (i.e. not ChromeOS) has the lion's share
Red tape: farmer concerns eerily similar to Debian suicide cluster deaths
Reprinted with permission from Daniel Pocock
Galway street artists support social media concerns
Reprinted with permission from Daniel Pocock
Links 25/05/2024: Section 230 and Right of Publicity Violations by Microsoft (Which Attacks Performance Artists)
Links for the day
[Meme] No Microsoft
For fun!
Microsoft Windows Falls to New Lows in Poland
It may mean people delete Windows from relatively new PC
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: An Introduction
The campaign of coercion (or worse) started in 2021
The "D" in Debian Stands for Dictatorship That Extends to Censorship at DNS Level
Of course the registrar, which charged for domains until 2025, just went along with it
Cybersecurity and Infrastructure Security Agency (CISA) Getting Stacked by Microsoft
it lets Microsoft write policies
The Parasitic Nature of Microsoft Contracts
Stop feeding the beast
Gemini Links 25/05/2024: Emacs Windows 2000 Screenshots and Little Languages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 24, 2024
IRC logs for Friday, May 24, 2024