Bonum Certa Men Certa

Patents Roundup: America, Europe and Asia Share a Problem with Software Patents



THIS is another quick summary of news about patents, which are harming the field of software.

What is IP?



Well, this new post about Apple's iPad [1, 2, 3, 4, 5, 6, 7] gives a decent answer to the question, "what is intellectual property (IP)?"

Slaveware companies go even further and use the word IP to confuse users. IP is a stupid bundle of Trademark, Copyright, Patent and much more. You can't put patents and Trademark in the same basket, especially in the case of software or products which are in the software format. In a lot of countries software patents are not valid, but with the usage of the word IP these companies try to bring software under that umbrella of protection.


This is partly inspired by the FSF/GNU explanation. "IP" is considered a term to avoid because it's a perception changer that gets embedded in our language.

United States



Is embargo the new innovation? Sometimes it seems so:

US ITC to investigate Apple and RIM

THE US International Trade Commission (ITC) will launch an investigation into technology from Apple and Research In Motion (RIM) that seems to bear close resemblance to an invention claimed by Kodak.


US agency to investigate Blackberry and iPhone makers

The US International Trade Commission (ITC) has said it will investigate the makers of the iPhone and Blackberry, over technology used in their handsets.


Masnick adds:

Pretty much all smartphones are made outside of the US, so they can all be barred by the ITC, and with the technology in your average smartphone being covered by hundreds of patents, it's almost certain that every smartphone infringes on a slew of patents.


Also from Masnick:

Firefox Guys Admit That Competition Is What Drives Innovation



[...]

Imagine if instead of thinking that way, the concept of a browser had been patented way back when? Does anyone honestly think that we'd have as innovative a web world as we do today?


Patents are a fence. Fences do not drive progress; it would be counter intuitive to grasp, too. So who benefits other than huge corporations and their lawyers? As this new document [PDF] exemplifies it, "ADC is a patent holding company founded by a patent attorney"

So the patent system serves lawyers pretty well, at the expense of scientists of course. It's the "solicitor tax" applied to areas of science and those who exploit loopholes benefit the most.

Europe



Software patents might end up in Europe if lobbyists of companies like Microsoft get their way. The president of the FFII points to this comment which says: "The creation by CreditSuisse and Deutsche Bank of "patent funds" to purchase unused patents also indicates that money is entering the European market to finance litigation."

He also links to this new analysis of the United Patent Litigation System (UPLS), stating that it's about "European Patent Law [getting] outsourced outside of the EU."

The idea of creating a single patent court for Europe in order to improve legal certainty as well as to reduce costs is inextricably intertwined with the idea of creating a unitary trans-national patent which has the same legal effect all over Europe and which goes well beyond the European bundle patent of our days. Without such new substantive patent law, any attempt to bundle the procedural aspects of litigation and nullity matters will surely be futile. When assessing the chances for a unification of patent courts in Europe we will have to look at the history and prospects of both ideas. If there is no unitary substantial patent law in Europe there will also be no European patent court.


And who would that be good for? Lawyers seeking maximal damages? This is similar to the notion of extradition, which means that people receive no protection from unjust or corrupt jurisdictions. How are increased penalties and punishments improving society/science in general? They aren't, they don't.

India



In India too there are attempts to formally legalise software patents and patent lawyers in the country already lick their lips.

He explained that he also expected changes in regulations that would soon permit software patent filing without independent of hardware patents, which would be a large growth area.


Software patents are a travesty. They are wanted by patent trolls/lawyers and software monopolies that want to shield their dominant position (i.e. prevent free market competition). Stallman explained the problem one year ago in Germany.

Comments

Recent Techrights' Posts

Sven Luther, Lucy Wayland & Debian's toxic culture
Reprinted with permission from disguised.work
 
Chris Rutter, ARM Ltd IPO, Winchester College & Debian
Reprinted with permission from disguised.work
[Video] Microsoft Got Its Systems Cracked (Breached) Again, This Time by Russia, and It Uses Its Moles in the Press and So-called 'Linux' Foundation to Change the Subject
If they control the narrative (or buy the narrative), they can do anything
Links 19/04/2024: Israel Fires Back at Iran and Many Layoffs in the US
Links for the day
Russell Coker & Debian: September 11 Islamist sympathy
Reprinted with permission from disguised.work
Sven Luther, Thomas Bushnell & Debian's September 11 discussion
Reprinted with permission from disguised.work
G.A.I./Hey Hi (AI) Bubble Bursting With More Mass Layoffs
it's happening already
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 18, 2024
IRC logs for Thursday, April 18, 2024
Coroner's Report: Lucy Wayland & Debian Abuse Culture
Reprinted with permission from disguised.work
Links 18/04/2024: Misuse of COVID Stimulus Money, Governments Buying Your Data
Links for the day
Gemini Links 18/04/2024: GemText Pain and Web 1.0
Links for the day
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day
North America, Home of Microsoft and of Windows, is Moving to GNU/Linux
Can it top 5% by year's end?
[Meme] The Heart of Staff Rep
Rowan heartily grateful
Management-Friendly Staff Representatives at the EPO Voted Out (or Simply Did Not Run Anymore)
The good news is that they're no longer in a position of authority
Microsofters in 'Linux Foundation' Clothing Continue to Shift Security Scrutiny to 'Linux'
Pay closer attention to the latest Microsoft breach and security catastrophes
Links 17/04/2024: Free-Market Policies Wane, China Marks Economic Recovery
Links for the day
Gemini Links 17/04/2024: "Failure Is An Option", Profectus Alpha 0.5 From a Microsofter Trying to Dethrone Gemini
Links for the day
How does unpaid Debian work impact our families?
Reprinted with permission from Daniel Pocock
Microsoft's Windows Falls to All-Time Low and Layoffs Reported by Managers in the Windows Division
One manager probably broke an NDA or two when he spoke about it in social control media
When you give money to Debian, where does it go?
Reprinted with permission from Daniel Pocock
How do teams work in Debian?
Reprinted with permission from Daniel Pocock
Joint Authors & Debian Family Legitimate Interests
Reprinted with permission from Daniel Pocock
Bad faith: Debian logo and theme use authorized
Reprinted with permission from Daniel Pocock
Links 17/04/2024: TikTok Killing Youth, More Layoff Rounds
Links for the day
Jack Wallen Has Been Assigned by ZDNet to Write Fake (Sponsored) 'Reviews'
Wallen is selling out. Shilling for the corporations, not the community.
Links 17/04/2024: SAP, Kwalee, and Take-Two Layoffs
Links for the day
IRC Proceedings: Tuesday, April 16, 2024
IRC logs for Tuesday, April 16, 2024
Over at Tux Machines...
GNU/Linux news for the past day