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[News] Software Patents Get Slammed, Abused by TiVo and Nokia

  • Subject: [News] Software Patents Get Slammed, Abused by TiVo and Nokia
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Thu, 06 Mar 2008 14:58:43 +0000
  • Newsgroups: comp.os.linux.advocacy
  • Organization: Freelance
  • User-agent: KNode/0.10.4
Jim Bessen on “Patent Failure”

,----[ Quote ]
| Bessen’s presentation is titled “Patent Failure”. Bessen analyzes a broad 
| range of evidence on the economic performance of the patent system. He finds 
| that patents provide strong incentives for firms in a few industries, but for 
| most firms today, patents actually discourage innovation because they fail to 
| perform as well-defined property rights. This analysis provides a guide to 
| policy reform.     
`----

http://blogs.law.harvard.edu/mediaberkman/2008/03/04/jim-bessen-on-patent-failure/

Wanted: Prior Art to Bust Firepond/Polaris Patent

,----[ Quote ]
| To bust this overly broad patent, we need to find prior art that describes a 
| product made before 1997 in this way. Take a look at the description and 
| please forward it to anyone you know who might have special knowledge related 
| to natural language processing. Prior Art can be submitted here.   
`----

http://www.eff.org/deeplinks/2008/03/wanted-prior-art-bust-firepond-polaris-patent

How TiVo won

,----[ Quote ]
| And now, at last, there seems to be a path to profitability. A successful 
| courtroom defense of its software patents laid the groundwork for what many 
| analysts believe to be a coming period of exponential growth. In January, a 
| federal appeals court upheld that digital recorders distributed by The Dish 
| Network (owned by EchoStar (SATS)) infringed on several Tivo patents, 
| including one that allows viewers to simultaneously view one show while 
| watching another.      
`----

http://money.cnn.com/2008/03/03/technology/simons_tivowalkup.fortune/?postversion=2008030505

Qualcomm defeated in patent dispute with Nokia

,----[ Quote ]
| Nokia is celebrating the fact that Qualcomm has, to date, failed to win a 
| single case concerning GSM patents. "This is the second court to conclude 
| that Qualcomm does not have relevant and valid GSM patents," commented 
| Nokia's chief financial officer Rick Simonson. The US International Trade 
| Commission (ITC) has already declared one of three Qualcomm patents to be 
| invalid and rejected an appeal. Both actions concerned similar patents from 
| the same family, as confirmed by Nokia.      
`----

http://www.heise.de/english/newsticker/news/104574/from/rss09


Related:

Software Patents Coalition by Ben Klemens

,----[ Quote ]
| Our primary goal in this campaign is to reverse the U.S. Court of Appeals for 
| the Federal Circuit (CAFC) decision of 'In re Alappat'. Here, I will explain 
| the history of what that ruling meant, and why that same history has shown us 
| that it should be the focus of our campaign.    
`----

http://www.fsf.org/bulletin/2007/fall/software-patents/


Critic of Software Patents Wins Nobel Prize in Economics

.----[ Quote ]
| doom writes "You've probably already heard that the Nobel Prize
| for Economics was given to three gents who were working on advances
| in mechanism design theory. What you may not have heard is what one
| of those recipients was using that theory to study: 'One recent
| subject of Professor Maskin's wide-ranging research has been on the
| value of software patents. He determined that software was a market
| where innovations tended to be sequential, in that they were built
| closely on the work of predecessors, and innovators could take many
| different paths to the same goal. In such markets, he said, patents
| might serve as a wall that inhibited innovation rather than
| stimulating progress.' Here's one of Maskin's papers on the
| subject: Sequential Innovation, Patents, limitation (pdf).
`----

http://rss.slashdot.org/~r/Slashdot/slashdotYourRightsOnline/~3/170631743/article.pl


Mark Webbink On: Software Patents

,----[ Quote ]
| This week Mark Webbink, former Red Hat General Counsel discusses software 
| patents, their absurdity and the business climate and “judicial activism” 
| that helped create them.  
`----

http://truthhappens.redhatmagazine.com/2007/10/19/mark-webbink-on-software-patents/


A Patent Lie

,----[ Quote ]
| Microsoft sang a very different tune in 1991. In a memo to his 
| senior executives, Bill Gates wrote, "If people had understood how 
| patents would be granted when most of today's ideas were invented, 
| and had taken out patents, the industry would be at a complete 
| standstill today." Mr. Gates worried that "some large company will 
| patent some obvious thing" and use the patent to "take as much of 
| our profits as they want."
`----

http://www.nytimes.com/2007/06/09/opinion/09lee.html


,----[ Quote ]
| ...Thanks to Mr. Gates, we now know that an open Internet with protocols 
| anyone can implement is communism...
|  
| ...Mr. Gates' secret is out now--he too was a "communist;" he, too,
| recognized that software patents were harmful-until Microsoft 
| became one of these giants...
`----

http://news.com.com/Bill+Gates+and+other+communists/2010-1071_3-5576230.html?part=rss&tag=5575731&subj=news.1071.20


Big businesses boast of patent benefits, for small businesses

,----[ Quote ]
| A report published by an EU task force on intellectual property claims
| that small businesses benefit from a patent system, despite lacking
| almost any participation by the small business community.
|
| Instead, the report, titled IPR (intellectual property rights) for
| competitiveness and innovation, was written up almost entirely by
| large corporations and the patent industry.
|
| [...]
|
| The report does note objections from the likes of patentfrei.de and
| Sun Microsystems, which were recorded at some length in the report.
| But this does not appear to have impacted the conclusion of the
| report in any way
|
| [...]
|
| Jean-Pierre Laisne, of ObjectWeb, an open source software community,
| said that he found the report useless: participants were told that
| all their contributions would be recorded but at the end only
| those of Business Software Alliance and Microsoft were used.
`---- 

http://www.pcpro.co.uk/news/99155/big-businesses-boast-of-patent-benefits-for-small-businesses.html


Telling the Truth About Software Patents and Innovation

,----[ Quote ]
| Would abolishing software patents, then, lessen innovation among large 
| companies? Again, no. IBM, Microsoft and Oracle were founded before software 
| could be patented. They couldn't afford to quit innovating simply because 
| patent protection became unavailable.    
`----

http://www.consortiuminfo.org/standardsblog/article.php?story=20071101145010612


Playing Microsoft Patent Poker 

,----[ Quote ]
| This time though, while Ballmer slinks away to try to con … convince people 
| that Microsoft Unified Communications somehow offers people more than what 
| Cisco's VOIP (voice over IP) been offering customers for years, a patent 
| attack finally launches at Linux. Specifically, IP Innovation, a subsidiary 
| of Acacia Technologies Group, has filed a patent infringement claim against 
| Linux distributors Novell and Red Hat.     
| 
| So was it just timing, or was it something more? Let's take a look at the 
| players.  
`----

http://www.eweek.com/article2/0,1759,2201579,00.asp?kc=EWRSS03129TX1K0000616


Is Acacia link with Microsoft just smoke?

,----[ Quote ]
| Is all this smoke just coincidence? It may well be. But the smoke gets 
| thicker by the day.  
`----

http://blogs.zdnet.com/open-source/?p=1587


Prior Art - What's a Claim Limitation?

,----[ Quote ]
| It's a 2005 case, so a lot has happened in the meantime. Oh, and if you are 
| looking for prior art, the patent to look at first would be the oldest one of  
| the ones IP Innovation has claimed in the Red Hat litigation. That is the one 
| that I think needs to be knocked out either by prior art or by obviousness.   
`----

http://www.groklaw.net/article.php?story=20071013120300438


Patent Sanity

,----[ Quote ]
| For years, many in the software industry have expressed concern over software 
| and business method patents and the patent system.  
`----

http://www.linux-mag.com/id/4168

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