-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
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.
`----
http://www.againstmonopoly.org/index.php?perm=593056000000002461
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.
`----
http://arstechnica.com/tech-policy/news/2010/02/patent-infringement-lawsuits-raking-in-the-big-bucks.ars
Recent:
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.
`----
http://www.visaepatentes.com/2010/01/germany-following-epo-approach-to.html
-----BEGIN PGP SIGNATURE-----
Version: GnuPG v1.4.9 (GNU/Linux)
iEYEARECAAYFAktpYTUACgkQU4xAY3RXLo4/OgCfbzDqNZEdCMeEo7YtXHjy3U7H
yEcAoIOtADz68jrcb8QvYZhbCUJv1Eye
=RyXz
-----END PGP SIGNATURE-----
|
|
