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[News] Broken Patent Systems and the Effect on Financial Downturn

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Will the patent system trigger financial collapse in 2008?

,----[ Quote ]
| This was the title of an article written one year ago. Here is the end, which 
| is happening nowadays: "What does this mean for the patent system? David 
| Martin points out that three separate bubbles are about to pop at the same 
| time: consumer debt, mortgage debt, and patent debt. Each of these bubbles 
| will cause enormous damage to those institutions who were over-committed, and 
| most certainly to those who helped create the bubble. The patent offices will 
| not go unrewarded for helping to create another Great Depression, by printing 
| trillions of Euro worth of funny money."       
`----

http://stopsoftwarepatents.org/forum/t-93114/will-the-patent-system-trigger-financial-collapse-in-2008

They try to make India 'equally ruined' now with bad ethics and broken laws.
Locals are challenging this.

National Public Meeting on Software Patents in India (4th October, Bangalore)

,----[ Quote ]
| Several organisations in Bangalore are organising a meeting to discuss the 
| dubious plans of the Indian Patent Office to adopt the same 
| infamous 'technical effect' doctrine of the EPO. The Indian patent law is a 
| copy/paste from the European Patent Convention, containing the 'as such' 
| provision. The Patent Office said it would organise a public meeting, but it 
| seems that organisations prefer to organise their own meeting.     
`----

http://stopsoftwarepatents.org/forum/t-92657/national-public-meeting-on-software-patents-in-india-4th-october-bangalore


Recent:

Behind the doors of the Free Software Foundation

,----[ Quote ]
| In addition, the FSF is planning to hire a new manager for its End Software
| Patents campaign. In the near future, the FSF may also hire someone to work
| on its high-priority projects, trying to encourage the community to become
| more focused in filling in the gaps in free software.
`----

http://www.linux.com/feature/145946


Microsoft seeks India patent

,----[ Quote ]
| World's largest software firm Microsoft Corp is seeking an exclusive patent
| in India for an electronic data snapshot generator, which has been
| co-invented by an Indian associated with the company.
|
| [...]
|
| However, the static snapshot is generated by saving only static data
| associated with the file, Microsoft added.
`----

http://timesofindia.indiatimes.com/Business/Microsoft_seeks_India_patent/articleshow/3454929.cms


Patent Manual Stake Holder’s Meet - Chennai

,----[ Quote ]
| With FSF and ILUGC friends, also representing our LoCo Community attended the
| Patent Manual - Stake Holder’s Meet held at Intellectual Property Office,
| Guindy, Chennai.
|
| The Manual has provisions for bringing in Software Patents in cases what it
| claims to be “Software combined with Hardware”. We expressed our concerns on
| it and the ambiguity over the term used.
`----

http://amachu.wordpress.com/2008/08/28/patent-manual-stake-holders-meet-chennai/


FSF India's response to the Draft Patents Manual

,----[ Quote ]
| Even if other countries made such provisions, India as the world's largest
| democracy should not create an society where people at large are excluded
| from participating in creative engagements. As a country with a large human
| resource, we have a bigger challenge of harnessing more creativity among the
| country, and that will happen by bringing each and every citizen under
| creative participation and not by bringing each and every invention under
| allowable patents category. India should lead the rest of the world by
| clearly stating in the manual that computer programs are not patentable in
| India by any other way and are per se protected only under copyright.
`----

http://www.gnu.org.in/fsf-indias-response-to-the-draft-patents-manual


Freedom Walk - To claim, ensure and preserve Freedom

,----[ Quote ]
| Millions of people worked hard and even paid with their lives to earn us the
| freedom we enjoy today. Is our current generation aware of the value of this
| freedom? From the lack of social and political sensitivity and the lack of
| activism in our society it might seem that this is not so. It is as if we are
| devaluing freedom every day. With the commercialisation of almost every
| sphere of life, most people are not able to find any time to put in effort to
| fight this alarming trend. Most, but not everybody. At Zyxware, we have
| decided to focus our efforts to tackle this issue head on.
`----

http://freedomwalk.in/


Let us say NO to software patents

,----[ Quote ]
| There are indications that the government is again trying to bring software
| patents, possibly covertly. The first indication of this has been in the
| draft Manual of Patent Practice and Procedure published by the Patent Office,
| India, in which they talk about "software per se" and software in association
| with hardware. This was repeated in the meeting held in Mumbai which was a
| consultation organised by the government with the public. Whether this move
| has been engineered by the bureaucracy or by the government under pressure
| from big corporates, this is not good for the software industry, especially
| the small scale sector, in India.
`----

http://swatantryam.blogspot.com/2008/08/let-us-say-no-to-software-patents.html


Candle light vigil against Software Patents

http://www.gnu.org.in/candle-light-vigil-against-software-patents


Say No to Software Patents - Candle light vigil in Bangalore

,----[ Quote ]
| Software patents are rejected by Indian Parliament in 2005 (Patent Amendment
| bill 2005). But Indian Government is now trying to push it through back door
| by bringing a Patent manual. Public consultations on this draft manual is
| going on in various metros in India. Bangalore Consultation is scheduled for
| the last week of August.
|
| The Candle light vigil to "Say No To Software Patents" is a occasion to raise
| civil society voice against this back door trojan to Indian patent system.
|
| On 23rd August 2008 in front of Town Hall near Corporation Circle, Bangalore.
| Publicity campaigns will be hosted in various places on 22nd.
`----

http://upcoming.yahoo.com/event/1022228


Say 'No' to software patents

,----[ Quote ]
| Nothing could be further from the truth. As explained above, software patents
| are bad for everyone other than large companies. Each software patent is a
| potential mine in the path to progress for small software companies. Allowing
| software patents in the country will be like strewing the path with mines.
`----

http://infochangeindia.org/200808137267/Technology/Analysis/Say-No-to-software-patents.html


“Say No To Software Patents” Campaign in Bangalore

,----[ Quote ]
| The Free Software User’s Group, Bangalore is co-ordinating a campaign to “Say
| No To Software Patents” in India.
`----

http://pramode.net/2008/08/14/say-no-to-software-patents-campaign-in-bangalore/


Latha Jishnu: The mouse that bit Microsoft
PATENTLY ABSURD

,----[ Quote ]
| Here’s what Gates wrote in an office memorandum in 1991. “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. . . I feel certain that some large company will patent some
| obvious thing related to interface, object orientation, algorithm,
| application extension or other crucial technique.”
|
| This was the year after Microsoft launched Windows 3.0, the first of its new
| operating systems that would become hugely popular across the world. Yet,
| three years down the line, Microsoft had changed from a kitten that was
| content with copyright protection to an aggressive patents tiger. In 1991,
| Microsoft had filed fewer than 50 patent applications whereas last year it
| was awarded 1,637 patents, almost a 12 per cent increase in the number of
| patents it received in 2006. According to IFI Patent Intelligence, the rise
| in Microsoft’s patents portfolio bucked the general trend in 2007 when the
| number of patents issued by the US Patents and Trademark Office dipped by 10
| per cent. Apparently several thousand of the company’s filings are still
| pending.
|
| All this may prompt the reader to conclude that there is indeed a direct
| correlation between IPR and growth — and wealth — as the company claims. Not
| true, says Mark H Webbink, a US Supreme Court lawyer who is a recognised
| voice on IT issues. Charting the company’s revenues, R&D spending and patent
| filings from 1985 onwards, he shows that the spike in patent filings occurred
| long after the Microsoft “had become well established and was being
| investigated for its monopolistic practices”. Webbink contends that patents
| did not spur the launch and rapid growth of the mass market software
| industry. On the other hand, patents have become a threat to software
| innovation, he warns.
`----

http://www.business-standard.com/india/storypage.php?autono=330566


[ILUG-BOM] Software Patents in India

,----[ Quote ]
| and while we were asleep three patents have been granted to Microsoft
| by the indian patent office.
|
| Just reading the initial brief tells me it this a journalled fs
| coupled with some seek n sort.
|
http://210.210.88.164/patentgrantedSearch/displayApplication.asp?application_number=0743/DEL/2000
|
| This one looks like DRM but could be SSH
|
http://210.210.88.164/patentgrantedSearch/displayApplication.asp?application_number=IN/PCT/2002/01056/DEL
|
| And this one hashes of loaded modules in mem to check that there is no
| trojan module. DRM? AV?
|
http://210.210.88.164/patentgrantedSearch/displayApplication.asp?application_number=IN/PCT/2002/01297/DEL
`----

http://mm.ilug-bom.org.in/pipermail/linuxers/Week-of-Mon-20080804/064347.html


An Overview of Software Patenting

,----[ Quote ]
| According to Richard Stallman, the co-developer of the GNU-Linux operating
| system and proponent of Free Software says, “Software patents are patents
| which cover software ideas, ideas which you would use in developing software.
|
| [...]
|
| Indian Position
|
| With respect to computer software, in Patents (Amendment) Act, 2002, the
| scope of non-patentable subject matter in the Act was amended to include the
| following: “a mathematical method or a business method or a computer
| programme per se or algorithms”.
|
| [...]
|
| India for its part seems to have adopted the more conservative approach of
| the European patenting norms for software. But the Ordinance definitely has
| its use and relevance in today’s India, particularly for our growing domestic
| semi- conductor industry. This, along with judicial tempering might
| definitely ensure a judicious use of patent protection while allowing the
| industry to grow through innovations and inventions, thereby, mitigating the
| risks of trivial patents chocking the life out of real innovations and
| inventions. This is the reason a patent should always be treated as a “double
| edged sword”, to be wielded with caution and sensitivity.
|
| Now whether, in reality this will be implemented on a rigid basis or will
| become broad in scope through application (as in the U.S.), and, more
| importantly, whether the Ordinance would, in fact, result in increased
| innovation and inventions in the software industry, remains to be seen.
`----

http://kinghurst.net/an-overview-of-software-patenting/


"Full text of Section 3(k) relating to software patents"

,----[ Quote ]
| Infosys was there and pushing for software patents. They are totally against
| the open source and free software.
|
| Symantec was there and also pushed for software patents.
|
| Microsoft was there.
|
| The Confederation of Indian Industry (CII) was also pushing for software
| patents.
`----

https://www.blogger.com/comment.g?blogID=22704397&postID=2789103135646761098


Briefing Note on the Impact of Software Patents on the Software Industry in
India

,----[ Quote ]
| In other industries, research continues up to a point where further research
| costs too much to be feasible. At this stage, the industry's output
| merelyconsists of replacing parts that have worn out.
|
| However, in the software sector, a computer program that is fully debugged
| will perform its function forever without requiring maintenance or
| modification. “What this means is that unlike socks that wear out, and
| breakfast cereal that is eaten, a particular software product can be sold to
| a particular customer at most once. If it is to be sold to that customer
| again, it must be enhanced with new features and functionality.” This
| inevitably means that even if the industry were to approach maturity, any
| software company that does not produce new and innovative products will
| simply run out of customers! Thus, the industry will remain innovative
| whether or not software patents exist.
`----

http://www.sarai.net/research/knowledge-culture/critical-public-legal-resources/whysoftwarepatentsareharmful.pdf


Intellectual Property Regime Stifles Science and Innovation, Nobel Laureates
Say

,----[ Quote ]
| Patent monopolies are believed to drive innovation but they actually impede
| the pace of science and innovation, Stiglitz said. The current “patent
| thicket,” in which anyone who writes a successful software programme is sued
| for alleged patent infringement, highlights the current IP system’s failure
| to encourage innovation, he said.
|
| Another problem is that the social returns from innovation do not accord with
| the private returns associated with the patent system, Stiglitz said. The
| marginal benefit from innovation is that an idea may become available sooner
| than it might have. But the person who secures the patent on it wins a
| long-term monopoly, creating a gap between private and social returns.
`----

http://www.ip-watch.org/weblog/index.php?p=1129
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