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[News] Symbian/Nokia Causes Trouble for Anti-Software Patents Law, Germany Lawyers Smell Blood

  • Subject: [News] Symbian/Nokia Causes Trouble for Anti-Software Patents Law, Germany Lawyers Smell Blood
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Thu, 16 Apr 2009 21:53:11 +0000
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/0.10.9
Hash: SHA1

Establishment of ICT association BIKT - statement on software-related patents

,----[ Quote ]
| The discussion of the various aspects of copyrights, patent law and other 
| intellectual property rights are of special significance for the BIKT. The 
| association has published on its internet site a statement related to the 
| current appeal proceedings at the European Patent Office (EPO) regarding the 
| issue of patentability of computer programs and takes a clear stand against 
| the granting of software-related patents.     
| The BIKT statement was prepared by the lawyer Rasmus Keller from Viersen and 
| is based on his legal study which was published recently. He presents clear 
| arguments explaining that the granting of software-related patents represents 
| an encroachment on the exploitation rights of software developers which 
| cannot be reconciled with constitutional law. As a consequence, the granting 
| of such patents is categorically impermissible.      


Analysis - UK IP Office reacts to Symbian software patent ruling

,----[ Quote ]
| The Court of Appeal decision also supported the 4-step test for patentable 
| subject matter set out in the Aerotel/Macrossan decision, but cautioned 
| against applying such tests blindly.  
| The practice notice, issued in December 2008, indicates that the UKIPO will 
| continue to apply the Aeroel/Macrossan test in deciding whether 
| computer-related inventions are excluded from patentability. Observers 
| question whether this will really constitute any shift in UK patent law as 
| one would expect following a decision as significant as Symbian. However, the 
| practice notice goes on to suggest that there will be some change in the way 
| in which the UKIPO assesses software implemented inventions in future.      
| In particular, the practice notice states that an important factor is "what 
| the program does as a matter of practical reality" and provides an example in 
| which 'improving the operation of a computer by solving a problem arising 
| from the way the computer was programmed - for example, a tendency to crash 
| due to conflicting library program calls - can also be regarded as solving "a 
| technical problem within the computer" if it leads to a more reliable 
| computer'.      


Nokia's profit fell 90% just yesterday. They hopefully learned their lesson.


Symbian is looking for an executive director

,----[ Quote ]
| Symbian recently decided to open source its leading mobile platform in order
| to stave off potential declines at the hands of embedded Linux. With
| increasing momentum and support for open-source Symbian, it's time for
| Symbian to get a leader on board.



Symbian senior VP defects to mobile Linux

,----[ Quote ]
| The LiMo (Linux Mobile) Foundation, an industry group building a common
| software stack for Linux-based mobile phones, today announced a dozen new
| members. The organization also disclosed that rival Symbian's longtime Senior
| VP of Sales and Professional Services, Morgan Gillis, will soon become its
| Executive Director.

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