Bonum Certa Men Certa

Samba Lawyer About Software Patents: The Only Solution is Abolition

Carlo Piana



Summary: Carlo Piana seems to have just explained why attempts to work around software patents or use patent pools are probably a waste of time and genuinely good effort

THE SCOTUS decision regarding Bilski is imminent [1, 2]. Red Hat's Richard Fontana writes: "SCOTUS issues several opinions in argued cases today - but still no Bilski"



Over at Slashdot, IBM is still shown to be doing bad things with the patent system. IBM is a key player in the Bilski case for many reasons, but IBM is also a proponent of software patents. Even in Europe, IBM has been in favour of software patents. Some friend, eh? IBM believes that patent pools like OIN and patent promises will somehow defend Free software as a whole. The FFII disagrees and so do many others.

Over at The H, Glyn Moody writes about software patent thickets and adds: "time for free software to ignore [software patents] locally?" (software patents are not formally legitimate in Europe for example)

Most people in the hacking community are well aware that patents represent one of the most serious threats to free software. But the situation is actually even worse than it seems, thanks to the proliferation of what are called patent thickets. To understand why these are so bad, and why they represent a particular problem for software, it is necessary to go back to the beginning of patent law.

The patent thicket As their name implies, patents are about making something “patent”, or public, so that others can use and build on an invention – but only after a certain period, during which time the patent-holder has a monopoly right (what kind of right is discussed below). Indeed, the origin of British patent law – and of many anglophone countries that base their law on this tradition – is the 1623 Statute of Monopolies.


"Afraid that the *only* solution is abolition NOW," argues Carlo Piana, the famous lawyer who represented Samba in Europe.

Piana adds: "We must solve the problem from the root, or we'll be submerged by [software patents]. "Abolition" is the only way out!"

That's what the FFII has been saying all along.

Last week we wrote quite a lot about the situation in Germany with regards to software patents [1, 2, 3]. The impact of the Siemens case as a "landmark ruling" is fortunately being disputed in a patent lawyers' Web site (subscription required).

German Supreme Court software patent decision 'not a landmark ruling', says expert



Yesterday I reported on a blog posting from the well-known European anti-software patent campaigner Florian Mueller about a recent decision of the German Supreme Court which he said would open to the door to many more software patent grants (and litigation) in Germany. At the end of the piece I stated that if I were involved in the software industry I would be looking to get some clarificaiton on developments from a German patent attorney.


Perhaps it's time to accumulate voices which jointly call for abolition of software patents not just in the United States. Software patents would harm computing a great deal, universally.

"The European Patent Office is a Corrupt, Malicious Organisation Which Should Not Exist"

--Richard Stallman

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day