Bonum Certa Men Certa

Europe to Push for Unitary Patent (Software Patents Loophole) at 7 PM CET Tonight

Lawyers in government against citizens' will

Flag of Europe



Summary: Urgent call to contact politicians regarding the Unitary Patent and its consequences; reminder of the reality of lawyers' influence

NOW that it's almost 3 PM (CET) it's probably a good time to address a very important subject. Central Europe is currently not allowing software patents, but large corporations are trying to change that. This impacts me professionally and it impacts many others.



Richard Stallman, the father of Free (as in freedom) software, warned about allowing Europe to give a go-ahead to software patents, saying it would eliminate the current advantage European developers have over their counterparts across the Atlantic. He also suggested eliminating litigation over software patents in the US, as covered by a site he helped fund (through the FSF):

Another approach to ending the problems of software patents would be a law saying, as Richard Stallman puts it, "that developing, distributing, or running a program on generally used computing hardware does not constitute patent infringement."


Stallman's piece in the Wired series had major impact, which we last showed when talking about forums on software patents getting stacked by lawyers and law professors. They're everywhere in these debates because they're prominent in politics and they hang around where they can make money at other people's expense.

Speaking of events about software patents, here is one. On Friday there was this conference:

Preview of Our "Solutions to the Software Patent Problem" Conference



On Friday, we're having our big academic conference of the semester, "Solutions to the Software Patent Problem." At the conference, experts will propose their ideas of how to fix software patents. Ultimately, we hope there will be enough enthusiasm among the participants to coalesce around one or more proposals and see if we can actually make progress.

In preparation for the conference, we held a "preview" for the students so that they would understand the conference background better. Without previews like this, students often don't get as much out of the conference because so much of the discussion goes over their heads. Colleen Chien was supposed to do the preview but she had a major conflict, so I stepped in. Below, I've included my talk notes. If you're really interested, I've also posted the audio from the talk. I hope to see you on Friday!


This is a conference dealing with software patents, but it is stacked mostly by "law" people (i.e. lawyers). Groklaw wrote:



I'm so happy to tell you that tomorrow's conference on what to do about software patents, Solutions to the Software Patents Problem, at the Santa Clara Law's High Tech Law Institute will be live streamed for those of us who can't make it in person.

I confess I begged for this, because I know a lot of you are seriously interested in this topic but can't make it there. So thank you Santa Clara Law. Here's where you go tomorrow, and it runs all day from 8:50 am to 5:30 pm Pacific time, minus one talk at 9 AM.


To be fair, it was not just a parade of lawyers. This one particular event had notable speakers who are against patents, so unlike some conferences, it was not just law people speaking among themselves. Here is TechDirt:

Patent Office, Perhaps Forgetting What Year It Is, Locks Down Mobile App Development Platforms



I'm spending today at a conference at Santa Clara University's Law school on Solutions to the Software Patent Problem. It seems only fitting that as this is happening, I've been alerted to a completely ridiculous new patent: Appsbar has put out a press release gleefully announcing that it's been granted a patent on offering a "create your own mobile app" development platform. Stunningly, the patent in question, 8,261,231, was just applied for in February of this year. I'm at a loss as to how a competent patent examiner could possibly think that a mobile app development platform is somehow new or non-obvious in this day and age.


There is more news about the expansion of the patent system to Silicon Valley -- something that ought to be criticised. Rather than shrink the system that issues far too many patents, those in charge let it grow further.

One law professor with an actual background in some science is the latest author in the Wired series on patents. John Duffy describes himself as follows:

John Duffy is a professor at Virginia Law School; prior to that, he was a research professor at George Washington University Law School. Duffy was identified as one of the 25 most influential people in the field of intellectual property by The American Lawyer. He earned his undergraduate degree in physics.


The previous contributor, Andrew Chin, is also a law professor and he writes about his case for keeping abstract patents:

Much criticism of software patents is rightly aimed at the use of abstract claim language to cover a wider range of technology than the patentee invented and disclosed. Mark Lemley, for example, highlights “functional” language in claims as particularly problematic, and proposes in this opinion series that a claimed function be limited to the disclosed “program and ones like it.”

[...]

So the utilities of Bilski’s claimed methods are not amenable to one resource-specific causal account, but many. Bilski’s methods perform their hedging functions whether the market participants’ option values are calculated on my office desktop PC or on the London Science Museum’s Difference Engine, and whether their transactions are completed via telephone or website. A patent examiner could simply cite such an observation in rejecting Bilski’s claims as unpatentable subject matter.

A key advantage of my proposed “concrete causation” standard is its consistency with Supreme Court precedents, which allows the Federal Circuit to introduce it without need for legislation. The universal applicability of this approach conforms to our treaty obligations (to make patents available without discrimination as to the field of technology), suggesting it could become an international norm. The approach also upholds what I’ve identified elsewhere as the patent system’s metaphysical commitment to scientific realism.

By design, this proposal explicitly acknowledges that all of the “useful Arts” confront the common problem of having limited resources. This necessity is, after all, the mother of invention. The patent system exists for those working to do more with less, not for those seeking to corner the market on such efforts through abstract claim drafting.


In Europe too we are left to deal with "legal" folks, whose interests lie not in advancing knowledge but in making a lot of money from it, as if the latter somehow takes priority over the former. April asks people to fight back against the bureaucrats by informing them:

The European Parliament just announced an exceptional meeting of the legal affairs (JURI) committee on Monday November 19th, 2012 at 7pm for the only purpose of discussing the unitary patent package. This new unexpected event in the unitary patent saga is a concern. There is an urgent need to get in touch with the MEPs to let them know about the threats of the unitary patent.


We must really ensure that software patents are kept out of Europe, including the loopholes that let Finnish company Tuxera put a patent tax on Linux and Android. Carla Schroder wrote about it the other day:

Microsoft's creaky old FAT filesystems, FAT16 and FAT32, have long been the de facto standard filesystems for Flash storage devices. They enable portability because FAT is supported on all major operating systems, and they don't have access controls so there are no permissions hassles-- just plug in your device and use it. But despite FAT's age and ubiquity, Microsoft successfully enforced its FAT patents against TomTom in 2009. TomTom agreed to drop FAT32 support from their products, several of which were built on Linux. Microsoft has also gone after Android vendors, such as Motorola, who use FAT.

The legal landscape, as always, is bizarre. Linux can support FAT32 without paying royalties because of an inane technicality: long and short filenames. My fellow old codgers recall the 8.3 DOS filename convention: filenames could be no more than 8 characters long with a 3-character extension. This collided with grownup filesystems that supported longer filenames, which FAT truncated. And that is why something like nicelongfilename.txt would be shortened to nicelo~1.txt.

[...]

Linux users have options, sort of. Tuxera sells a good exFAT driver, but only to OEMs, such as Android vendors. There is a free exfat driver, fuse-exfat, and it is included in several distros. This is built on fuse, filesystem in userspace. I've tested it a bit without problems, but the developers do not have access to any specifications and it's still young, so it has some rough edges. I would not rely on it for syncing a Linux PC with devices that use exFAT, like cameras and smartphones.


There is prior art there, as Linus Torvalds revealed some months ago. Those patents are essentially bunk.

Recent Techrights' Posts

Mozilla is GAFAM, HTTPS is Monopolies
Firefox used to boast that it would make the Web more accessible. Today's Mozilla is rowing in the opposite direction.
 
Wikileaks Revelations About the History of IBM and Its Role in the Cold War
IBM is still an ICBM company (to this very date)
Revisiting Julian Assange's Excellent Talk, His First Talk Since 2019 (Tactful and Almost Invulnerable to 'Cheap Shots')
Assange need not be politically-correct or self-censor
Windows Kills More Than Most Wars (But the Media Casually Ignores the Death Toll of Microsoft)
The bottom line is, many people are dying, they die due to Microsoft, and the media fails us by not informing us and failing to even name the principal culprit
Gemini Links 03/10/2024: RetroChallenge and Change of Online Habits
Links for the day
Links 03/10/2024: Quantum Computer Vapourware (as Usual) and Samsung Layoffs
Links for the day
Links 03/10/2024: "Hey Hi" Scandals and Copyright/Trademark Disputes
Links for the day
Invidious Seems to be Nearing 'End of Life' After Repeated Crackdowns by Google/Alphabet/YouTube
To Free software users, YouTube ought to become a "no-no"
Links 03/10/2024: Climate Issues and Tensions in East Asia
Links for the day
Like a Marketing Department of Microsoft, Canonical Sells Back Doors and Surveillance as "Confidential" and "Hey Hi" (AI)
Notice how Canonical has made no statement critical of Microsoft for years
Gemini Links 03/10/2024: Frozen Tofu and SGI O2
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 02, 2024
IRC logs for Wednesday, October 02, 2024
Links 02/10/2024: Microsoft Spying on Windows Users Grows, Microsoft's Surveillance Arm LinkedIn Used to Highlight Employment Crisis
Links for the day
Links 02/10/2024: Students Who Can’t Read Books and Dead Butt Syndrome
Links for the day
Gemini Links 02/10/2024: GNU/Linux Distros, Flat-File Databases, and How the Web ate Gopher
Links for the day
Technology: rights or responsibilities? - Part II
By Dr. Andy Farnell
A Cost-Free Bribe From Microsoft
Daniel Stenberg is not dumb, but he seems rather gullible or unprincipled
Plans for the Site's 19th Year
Like TechDirt, we expect to devote more efforts/time to covering free speech online
Network Getting Faster
Loading up the site in 0.077 seconds
The Manchester Experience
Yesterday Tux Machines served 436,897 Web hits
If Red Hat Has Mass Layoffs This Year, Nobody Will Tell You About It
We seem to have entered a strange quasi-cosmic era wherein layoffs aren't disclosed anymore and news sites don't bother to report them, either
IBM, Kyndryl, Subsidiaries (Like Red Hat) and Silent Layoffs
Kyndryl follows in IBM's footsteps with rolling layoffs likely affecting thousands
Anniversaries and New Beginnings
The world needs more transparency and far less secrecy
Links 02/10/2024: Microsoft Kills Off HoloLens, Media Discusses Assange Speech
Links for the day
Gemini Links 02/10/2024: New Car, Broadband, and Gemtexter 3.0.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 01, 2024
IRC logs for Tuesday, October 01, 2024
[Meme] October 1st: The Day Julian Assange 'Officially Came Back'
Assange: See you in Strasbourg in 5 years
Full Transcript of Julian Assange's Speech in Strasbourg
the full thing
The Full Talk by Julian Assange Including Questions and Answers Discussed Further (October 1st 2024, Council of Europe Committee Legal Affairs)
Wikileaks covered this talk in "tweets"
Julian Assange's First Publicly Delivered Talk Since 2019
Julian Assange's talk in France
Links 01/10/2024: Another Escalation in the Middle East, Software Patents Being Squashed
Links for the day
Microsoft's Collapse is Continuing
Microsoft is discontinuing its HoloLens headsets
Links 01/10/2024: Gavin Newsom's Tech Safety Legislation, YouTube Sued for Health Harms
Links for the day
Gemini Links 01/10/2024: ROOPHLOCH and Photos
Links for the day
Julian Assange Talk: Watch Live
2 hours from now
"IBM executives did not decide to buy Red Hat on their own, nor will they decide to sell Red Hat on their own should that time ever arise"
Since IBM bought Red Hat it merely made its products more proprietary
GNU/Linux and Android Rose to New Highs in September
StatCounter isn't the ground truth, but there's not much else in the public domain.
Links 01/10/2024: Climate Stories, Climate Change, and War in Lebanon
Links for the day
Gemini Links 01/10/2024: Separation, Validation, and Flatfile Databases
Links for the day
Blind Worship of Technology is a Misguided Fool's Errand
Andy Farnell of the Cybershow used the metaphor of "golden calf" last week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 30, 2024
IRC logs for Monday, September 30, 2024