Bonum Certa Men Certa

Newly-elected UK Government Hopes to Imitate the United States With Software Patents

Theresa May and David Cameron
Photo of Prime Minister David Cameron and Home Secretary Theresa May (taken by ukhomeoffice)



Summary: The British Prime Minister threatens not only software developers in the UK but in Europe at large now that some charlatans want to open the whole of Europe to US-style patent law

IN yesterday's audiocast Tim and I spoke about the misguided new plan of the government, which seems to be thinking the advancement will be improved or restored in Britain by having more patents and bureaucracy. One of the issues that few outlets have covered is software patents. The Guardian, a leading UK publication that recently sold out to Bill Gates [1, 2, 3, 4, 5] wrote about Cameron's day with the big G:



Not at all: software patents are defensive, and they're often a problem for startup companies, which may find themselves threatened by bigger ones which, being bigger, have been able to build them. They're a blight, and British startups are much better off without them. A senior insider at another big internet company mused to me afterwards: "It sounds like the minister has been nobbled. We'll have to un-nobble him."


TechRadar, another British Web site, wrote the following:

Now, it seems, we're going to review our laws to make them more Google-friendly – including, it seems, our patent laws. The prospect of US-style software patents is a chilling one, with big firms using them to stifle competition and patent trolls effectively running legal extortion rackets.

This post on the patent mayhem surrounding Android should give you an idea of how crazy the US system has become.

Thirdly, there's the involvement of Facebook and Google. There's something disturbing about seeing the two online giants so close to government, because our government appears particularly bad at getting them to stick to the law.


British lawyers rejoice over at IAM, which is a site/publication that always promotes their interests. "UK government wants to make it easier to obain software patents" says the headline (yes, with a typo), but the article requires a subscription for one to read.

The FSFE's Karsten has just paraphrased Dr. Glyn Moody (a Brit) as saying at FSCONS that software patents "cost US economy 4bn USD 1996-1999, added value of just 100 million USD. Just serve to secure incumbents" (this was stated over the weekend).

The British government must listen to its own people and not multinational corporations. Theresa May still remembers my long conversation with her (my grandfather told me this when he met her in July) and the politicians she is surrounded by are mostly technophobes, so they would believe anything that any company with lobbyists may tell them (this includes Google, which does not accept Moody's sob story). This is a recipe for disaster and further loss of power to those who are already in power. Software patents are fences, therefore they impede new entrants like Google used to be and no longer is. Falk Metzler, a German patent attorney, can already be seen using language tricks to say that "Computer Program Claim not Excluded from Patentability under the EPC":

The referral claimed a divergence between decisions T 1173/97 (Computer program product/IBM), placing the emphasis on the function of the computer program rather than the manner in which it is claimed (e.g. as computer program, computer program product, or computer-implemented method), and T 424/03 (Clipboard formats I/MICROSOFT), which placed emphasis on the manner in which the computer program was claimed. Following the reasoning of the latter decision, only a claim of the form "computer program for method 'X'" could possibly be excluded from patentability as a computer program as such, whereas claims of the form "computer implemented method 'X'" or "computer program product storing executable code for method 'X'" would not be excluded, irrespective of the nature of the method 'X'.


As a quick reminder, software patents may come to Europe through case laws in Britain (Symbian) and in Germany (Microsoft and Siemens), so this is important for the continent at large, especially now that Barnier et al. push for centralisation [1, 2, 3].

Comments

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
 
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day