Bonum Certa Men Certa

Patents Roundup: OIN Addresses Patent Trolls Issue, Public Patent Foundation Video, and More

Summary: News that matters, about intellectual monopolies

THIS is another quick rundown through the news. Included below are only reports that have some relevance to Free software in a land of monopolies on thought and applied ideas.

Patent Trolls



This year's LinuxTag contains a portion from OIN, which speaks about patent trolls, for a change. [via Digital Majority]

Patent Trolls are an ever-growing threat to global innovation. These IP aggregators purchase low-quality patents and use them as leverage to hijack potential revenue and profits from hardware and software companies, our largest economic driver. This causes entrepreneurs to reconsider launching companies, while CEOs devote more of their time and resources to managing intellectual property. New online and offline tools and services are becoming available to combat Patent Trolls and enable technology companies to focus on their core business.


Also worth a glance are the following new pages, which highlight the impact of patent trolling:

i. Distric Court Warns that 'Patentee's Time For Trolling' Will End Without More Definite Infringement Contention

In June 2008, DSC was given the source code to 8 of the accused software products, along with executable copies and operating manuals for the accused products. Despite having this information, DSC did not elaborate further on the PICs.


ii. Patent Litigation Weekly: PubPat and 'Patent Troll' Make Strange Bedfellows

Ravicher acknowledged that it seems strange for a lawyer affiliated with PubPat—even as a volunteer—to have gone so far as to set up his own patent-holding company and then sued a group of major Internet players.

"Dave, if you were to talk to him, he’d say software patents are good, and they incentivize innovation," says Ravicher. "Some people can’t be friends with people who disagree with them. But I’m friends with lots of people I have strenuous disagreements with."

Asked whether he surprised by his friend's involvement in the business colloquially known as "patent trolling," Ravicher pauses, and then laughs. "Nothing surprises me these days."


Software Patents



Microsoft is to pay damages for software patent infringement and Blackboard has just made another pledge, this time to "follow open standards more closely." Blackboard also made pledges regarding software patents, which it is using to injure its competition.

This week Blackboard’s new head of course-management software, Ray Henderson, sent a letter to customers pledging that the company will do more to follow industry software standards, and to participate more actively in their development.


Backed by Microsoft, Blackboard still threatens Free software using software patents [1, 2, 3, 4, 5, 6, 7, 8], so its behaviour is worth keeping an eye on.

Over in the UK, IPKat is "Wondering if the questions the EU Council of Ministers want to ask the ECJ about the unified patent litigation system have been made public" and in New Zealand it is a matter of urgency.

URGENT: Unlimited Software Patents In New Zealand. Act Now!



[...]

NZ government is about to pass a new Patents Act. In the 8-year review, they seemingly forgot to consider the impacts of patents on computer software! Submissions on the bill are being accepted till 2 July, so we need to move fast.


We wrote about the software patents situation in New Zealand about a week ago.

In the pro-intellectual monopolies Web site known as Law.com there is this rare criticism of software patents, which "hinder innovation," according to Daniel Ravicher.

But meanwhile, as Mullin notes, the former Ropes & Gray partner is also working closely to spearhead a litigation project with an old friend, Daniel Ravicher of the Public Patent Foundation--who has publicly proclaimed that software patents hinder innovation. Garrod is helping Public Patent file suits to block products from carrying false patent markings.


Speaking of the Public Patent Foundation, here is a video about it.



USPTO Madness





Direct link



Patents other than ones pertaining to software are causing unrest. Some lead to unnecessary deaths [1, 2], whereas others obstruct works of art. It turns out that Michael Jackson has a US patent. It's a patent on motion and dance moves. Shame on the USPTO for going this far with intellectual monopolies. Here is a patent site that has just called In Re Bilski (business method patents) "a Mess".

Claim: (Ex Parte Borenstein) A method for providing catalog information for presentation to a user of a store in an electronic commerce system, comprising the steps of . . .

BPAI: while the storage of information in independent claim 1 could arguably be done as a mental process, the recitation of a structured relationship between multiple stores that requires “path information” inherently implies that this information must be stored on a computer or database. This “particular” computer or database is sufficient structure to meet the machine prong of the machine-or-transformation test of In re Bilski. As independent claim 15 recites a computer program product, it is not a method claim that must be analyzed under In re Bilski.


Need anything else be said about ACTA, which takes patents to the extreme [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]?

IPWatch has this new report about the ACTA:

EU, US Consumer Groups Issue Resolution On Enforcement; Demand Role In ACTA



An international coalition of consumer groups has issued a resolution calling into question global enforcement policy and offering core principles for policymakers to consider in setting new enforcement standards.

The Trans Atlantic Consumer Dialogue on 18 June issued the resolution on the enforcement of copyright, trademarks, patents and other intellectual property rights. The TACD is a trade advisory body to the European Union and United States government, and brings together 80 member organisations from those regions, claiming a direct paid-up membership of some 20 million consumers.


Malfunction



As more signs of a system in state of distress (the EPO is already in a limbo [1, 2]), consider the renaissance of patent reexaminations, which are indicative of the granting of patents that should never have been granted in the first place.

Given this, it is certainly no surprise the patent infringement defendants have been using the reexam strategy more and more. The semiconductor field is no different. Two well known patent enforcers in the industry, Tessera and Rambus have seen their patents thrown into reexam by various parties that are the targets of their licensing programs. Furthermore, I have also seen evidence that courts are willing to stay litigation if a quick reexam request is filed in the Patent Office, though obviously this is very judge and district specific.


It speaks about hardware patents, where an ambush harmed the consumer. Nobody wins in this case and the same goes for patent-caused embargoes, such as this latest example:

The U.S. International Trade Commission issued a decision Wednesday that blocks the U.S. import of LCD panels and LCD televisions made by Sharp, ruling that the company violated a patent held by rival Samsung Electronics.


Here is another new example where patents stifle fair competition.

The IEEE is ready to jump into the patent pool game, and it is starting with a call for patents on power over Ethernet.

Via Licensing Corp. will act as administer of the pool. Via announced Monday it will work with the Open Patent Alliance to set up a separate patent pool for WiMax.


Patent pools are a farce and the notion of "call for patents" is ludicrous. What about small companies that have no patents? Can they not participate in the market?

Comments

Recent Techrights' Posts

Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
 
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market