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[News] "Against Monopoly" on Why Patents Harm More Than Help

  • Subject: [News] "Against Monopoly" on Why Patents Harm More Than Help
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Wed, 03 Feb 2010 11:42:45 +0000
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
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Shughart's Defense of IP

,----[ Quote ]
| While it is true that copyright and patent 
| are constitutional, this does not make these 
| laws just. What the artificial law-writing 
| coup-leaders wrote a document designed to 
| help the state seize more power is simply not 
| relevant to the normative question of whether 
| there should be IP.
| Pro-patent law arguments rest on the 
| assumption that the patent system generates 
| overall wealth--that its benefits are greater 
| than its costs--without ever making this 
| case. Instead, they point to ways that the 
| patent system benefits some people, and never 
| bother to even try to tally up the costs to 
| make sure it's a net positive. In other 
| words, they don't even take their own 
| justifications seriously. 


Patent infringement lawsuits raking in the big bucks

,----[ Quote ]
| It's a good time to be in the patent 
| litigation business, it seems, as "non-
| practicing entities" are regularly receiving 
| higher damages in patent cases than companies 
| that are actually selling products and 
| services. That's according to a new report on 
| patent litigation from 
| PriceWaterhouseCoopers, which examined 1,400 
| patent cases in order to get a feel for the 
| current landscape. Even though patent reform 
| is a big talking point in government right 
| now, it's clear that the upper hand currently 
| belongs to those who aren't making products.



Germany following the EPO approach to patentability of CII?

,----[ Quote ]
| The German Federal Court of Justice
| (Bundesgerichtshof, BGH) analysed in his
| decision X ZB 22/07 (âSteuerung fÃr
| UntersuchungsmodalitÃtenâ, in German) of
| January 20, 2009 under which circumstances
| a software that is embedded in a larger
| technical system may represent statutory
| subject-matter. Some commentators assume
| that this decision may represent a
| turnaround of the BGHâs approach to assess
| technical character of an invention towards
| that of the Boards of Appeal of the
| European Patent Office.
| [...]
| Conclusion: The decision clarifies that a
| software program that is embedded in a
| larger technical system and that involves
| steps of processing, storing and
| transmitting data by a technical apparatus
| represents statutory subject-matter
| according to  1 PatG, which corresponds to
| the EPOâs approach as presented in âauction
| method/Hitachiâ according to which
| executability of a computer program by a
| computer is sufficient to render the claim
| technical.

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