04.22.08
No Remedy Expected for Intellectual Monopolies in the US, Yet
The so-called reform, which was proposed as an Easy Fix™ to be applied to the USPTO, has always been rather impotent. It kept the problems in tact where intellectual monopolies could benefit and perhaps harmed some of the smaller players, including the patent trolls. It is therefore not so unfortunate to find that, along with the Government’s consent, changes seem unlikely,
The broken state of this system is likely to persist and perhaps once a real reform is proposed (not ’snake oil’), then it will pass. Perhaps an economic collapse is the only way to bring change so long as the large corporations run the government and — by association — set the rules for the entire country, benefiting themselves.
A Eulogy For Patent Reform?
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Now that high-level talks in the Senate Judiciary Committee have broken down, the opportunity for the patent system’s first major overhaul in 50 years may have been lost — at least for the current legislative session.
There is an interesting new story (an interview) over at Free Software Magazine which shows you just how an already-established intellectual monopoly pushes away disruption using intellectual property law. It’s a fence set up in very much the same way that Microsoft tries to create barriers to GNU/Linux, such as RAND.
Kurt Denke is the owner of Blue Jeans Cable; Monster Cable attacked Blue Jeans Cable on the basis of “Intellectual Property violations”. You should read Kurd Denke’s response. It’s a very enjoyable read, which makes you realise just how knowledgeable Kurt Denke is, on intellectual property law and on cables (!).
Apple is no angel in that regard, either. It keeps the life supply of software patents going.
The filing is titled “Portable Electronic Device for Instant Messaging “, and covers methods for sending, receiving, and viewing ongoing conversations. The proposed GUI is similar to Apple’s current interface for SMS.
It is important to at least be aware of the role of software patents in preventing new entrants into the scene. It’s a status quo padlock. █
“Hey, Steve, just because you broke into Xerox’s store before I did and took the TV doesn’t mean I can’t go in later and steal the stereo.”
–Bill Gates
Highlight: Novell was the first to acknowledge that Microsoft FUD tactics had substance. Novell then used anti-Linux FUD to market itself. 
Highlight: Xandros let Microsoft make patent claims and brag about (paid-for) OOXML support. 
Highlight: Linspire's CEO not only fell into Microsoft arms, but he also assisted the company's attack on GNU/Linux. 
Highlight: Microsoft craves pseudo (proprietary) standards and gets its way using proxies and influence which it buys. 
Highlight: The invasion into the open source world is intended to leave Linux companies neglected, due to financial incentives from Microsoft. 
Analysis: Xen, an open source hypervisor, possibly fell victim to Microsoft's aggressive (and stealthy) acquisition-by-proxy strategy.