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[News] Patentability of Software Questioned in Heise

  • Subject: [News] Patentability of Software Questioned in Heise
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Fri, 30 Oct 2009 08:04:17 +0000
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
Hash: SHA1

In re Bilski - Let us get back to work

,----[ Quote ]
| Software evolved in a climate free of 
| patents, but a relaxing of the rules by the 
| United States Patent and Trademark Office 
| (USPTO) has lowered the bar for patent 
| claims. During the last two decades, 
| thousands of software patents have been 
| issued on business methods, data structures 
| and process descriptions that take no 
| account of how software is developed - and 
| this effect has been enforced around the 
| world through the auspices of the World 
| Intellectual Property Organisation (WIPO) 
| and the World Trade Organisation (WTO).
| Because software deals in language and the 
| expression of mathematical constructs and 
| ideas, advocates of free software have 
| argued that code should be treated in the 
| same way as the written word, which is 
| subject to copyright. Patents on software 
| are, in effect, a tax on ideas. We are 
| obliged to search and exclude the idea that 
| someone else may have claimed ownership to, 
| or pay the price for having the same idea. 
| Eben Moglen of the Software Freedom Law 
| Center (SFLC) takes the view that: "Software 
| patenting has been a scourge in the global 
| technology industries," and that "computer 
| programs should be as ineligible for patent 
| protection as mathematical equations or 
| precise descriptions of physical laws."


Apple to 'vigorously' fight Nokia patent pout

,----[ Quote ]
| Apple will "vigorously" defend itself 
| against Nokia's patent infringement suit, 
| according to Cupertino's SEC 10-K annual-
| report filing (PDF) issued Tuesday.



Apple Wants Patents For Crippling Cellphones

,----[ Quote ]
| "Evil is in the eye of the beholder, but there's certainly not
| much to like in the newly-disclosed Apple patent applications
| for Systems and Methods for Provisioning Computing Devices.
| Provisioning, says Apple, allows carriers to 'specify access
| limitations to certain device resources which may otherwise be
| available to users of the device.' So what problem are we
| trying to solve here? 'Mobile devices often have capabilities
| that the carriers do not want utilized on their networks,'
| explains Apple. 'Various applications on these devices may also
| need to be restricted.'"

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