Bonum Certa Men Certa

India Has No Software Patents “Per Se” Just Like Europe Has No Software Patents “As Such”

And it's similar in New Zealand after a lot of lobbying for such loopholes

India logoSummary: India's software industry is at risk due to revisions which act as provisions to software patenting loopholes

WE frequently write about -- and commend -- India and its de facto ban on software patents in the country. It's one of those things where India found the right balance that better serves the interests of the Indian people (the same goes for generics and a plethora of other policies).



"Sadly, India too is being muscled and manipulated into similar policies. Lobbyists constantly try to interject changes which -- to their clients -- may mean millions if not billions of dollars (in 'protection' money)."Over here in Europe we often hear from patent examiners who are pressured to grant software patents. It got a lot worse under Brimelow, not Battistelli, who took it to a whole new level at the EPO which he rapidly reduces to rubble. Since the “as such” loophole we have reached the point where large law firms openly state that it's easier to get software patents at the EPO than at the USPTO. That's just how bad things have become.

Sadly, India too is being muscled and manipulated into similar policies. Lobbyists constantly try to interject changes which -- to their clients -- may mean millions if not billions of dollars (in 'protection' money). Lobbyists like these work for foreign companies and their interests are clearly subversive to the indigenous population.

After our article from yesterday we found that Indian media still talks about the subject (e.g. [1, 2]). Some good folks from India got in touch with us (e.g. [1, 2]) and some told us about this response from technical people. "In the new proposed clause (k)," it says, "the words ''per se" have been inserted..."

How familiar...

"Know thy enemy, India. There are a bunch of so-called 'publishers', so-called 'trade' groups (lobbyists), patent lawyers and firms like IBM that attempt to subvert and/or hijack your laws so as to enable legalised looting of the Indian industry and Indian people."It's that classic loophole we saw in Europe and in New Zealand. The "revised software patent guidelines are a disaster," Anubha Sinha is quoted to us as saying, and "will harm Indian industry..."

Obviously!

India makes software, not litigation.

Earlier today we were rather disgusted to see the London-based IAM, a front for patent trolls which had shamed and bullied India on this matter many times so far this year (e.g. [1-7] below) along with other front groups, saying that the changes "appear" to be good (to trolls). To quote: "The new standards appear to lower the bar for securing protection in the field. But for many IP owners, the real killer isn’t the still-strict standards on software patent eligibility, but rather the uncertainty created by what seem to be annual shifts towards and away from CRIs."

Know thy enemy, India. There are a bunch of so-called 'publishers', so-called 'trade' groups (lobbyists), patent lawyers and firms like IBM that attempt to subvert and/or hijack your laws so as to enable legalised looting of the Indian industry and Indian people. This isn't even beneficial to the West; it's beneficial to very few people in the West, notably the patent microcosm that comprises patent law firms, trolls, and bullies. In the interests of software developers (globally-speaking) we need Indians to rebel against all that lobbying and restore sanity. Copyrights already cover the work of software developers and they know it's sufficient. _________

  1. China Adopts Software Patents and IAM 'Magazine' (Lobbyists) Continues to Shame India Into It
  2. IAM Just Can't Stop Pushing for Software Patents in India
  3. IAM 'Magazine' as Megaphone for Chamber of Corporates (CoC), Which Tries Shaming India Into Software Patenting
  4. IAM Helps Enemies of India's Interests Lobby for Software Patents in the Country
  5. IAM 'Magazine' in a Campaign to Destroy India's IT Industry and Help Patent Trolls There
  6. IAM is a Think Tank for Patent Trolls, Software Patents, the EPO, Microsoft, and Whoever Else is Willing to Pay
  7. The Patent Microcosm's Failed Push for Software Patents Resurgence in the US and Similar Attempts in India and China

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