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Looking out for Bilski: software patents v. FOSS
,----[ Quote ]
| This period also saw the rise of FOSS as a
| threat to monopolistic proprietary software
| companies. The rule of required sharing of
| computer program source code in FOSS, and
| creation of a âprotected commonsâ for the free
| exchange of ideas embodied in program source
| code eliminated the need for patents.
| âCopyleftâ sharing, under the GNU General
| Public License (âGPLâ) and similar licenses,
| helped firms to increase their levels of
| investment in cooperative production, and to
| exchange ideas, secure in the knowledge that
| those investments would not be appropriated by
| others claiming exclusive rights.
|
| But companies in the business of acquiring
| patents merely to license or sue parties
| refusing to pay for a license, called âpatent
| trolls,â also sprang up in great numbers. They
| imposed license fees that FOSS projects could
| not afford under terms that unacceptably
| conflicted with FOSS licenses. They exploited
| companies' willingness to pay license fees for
| patent claims of questionable validity, in
| order to avoid the high costs of patent
| litigation.
|
| Usually, these trolls prefer to bite deep-
| pocketed businesses and not small FOSS
| distributors, much less non-profit communities
| of programmers. Proprietary software giants
| charge their customers high prices, in effect
| collecting in advance any patent royalties
| they may be required to pay to trolls. Thus,
| patent rent is included in the cost of
| proprietary products: Microsoft and similar
| companies may sting from reduction of their
| profits, but their users have been stung in
| advance. Moreover, cross-licensing works well
| for them, as they have or can build a
| portfolio of patents with which to buy others'
| claims without using money. But the same
| approach is not available to FOSS communities,
| which in general do not seek patents; their
| users thus risk ending up as casualties in the
| war.
`----
http://opensource.com/law/10/2/looking-out-bilski-software-patents-v-foss
[Expired patents]
,----[ Quote ]
| People are increasingly filing lawsuits over
| expired patents. An engineer's claim against
| Sigma-Aldrich, a chemical company, is the
| twelfth such claim filed this year in courts
| covered by Courthouse News. Lawsuits over
| labels marked with expired patents are not a
| new cause of action, but the sudden surge in
| such claims is new.
|
| Harold Josephs sued Sigma-Aldrich in Detroit
| Federal Court on Tuesday, citing seven
| chemical products he claims the company
| falsely labels as patented, though the patents
| have expired.
`----
http://www.courthousenews.com/2010/02/17/24757.htm
Sony seeks 'universal console controller' patent
,----[ Quote ]
| It's perhaps a step too far to say that just
| because Sony has applied for a US patent that
| covers a "universal game console controller"
| that it's actually developing one with a view
| to bringing such a product to market.
`----
http://www.reghardware.co.uk/2010/02/19/sony_universal_controller_patent/
Related:
Philips could be in the firing line after Sisvel's Berlin patent raids
,----[ Quote ]
| Electronics giant Philips is being threatened with legal action following
| raids at a major German trade fair sparked by Sisvel, the Italian licensing
| company. Sisvel. which administers patents related to MP3 technology on
| behalf of a number of companies including Philips, asked German customs
| authorities to take action against a group of exhibitors at the fair,
| claiming that products they had on show were infringing.
`----
http://www.iam-magazine.com/blog/Detail.aspx?g=5523983a-dfa1-4300-9387-817edba3e325
Berlin Court condemns Sisvel's IFA seizures as "illegal"
,----[ Quote ]
| Today Sisvel, Europe's very own "patent troll", was given a serious blow by a
| Berlin Court. Sisvel convinced German public prosecutors to provide some
| helping hands in pressing companies in the mp3 audio field to take licenses
| under patents, owned by Philips and other companies.
`----
http://ipgeek.blogspot.com/2006/09/berlin-court-judges-sisvels-ifa.html
German Customs cracks down at IFA
,----[ Quote ]
| German Customs officials have raided several stands at this years IFA trade
| show in Berlin, including Emtec's, MSI's, and Xoro's. The officials are
| acting on behalf of Sisvel, which has a stand in Hall 2.2 at this year's IFA.
`----
http://www.heise-online.co.uk/news/German-Customs-cracks-down-at-IFA--/111434Philips could be in the firing line after Sisvel's Berlin patent raids
Berlin Court condemns Sisvel's IFA seizures as "illegal"
,----[ Quote ]
| Today Sisvel, Europe's very own "patent troll", was given a serious blow by a
| Berlin Court. Sisvel convinced German public prosecutors to provide some
| helping hands in pressing companies in the mp3 audio field to take licenses
| under patents, owned by Philips and other companies.
`----
http://ipgeek.blogspot.com/2006/09/berlin-court-judges-sisvels-ifa.html
German Customs cracks down at IFA
,----[ Quote ]
| German Customs officials have raided several stands at this years IFA trade
| show in Berlin, including Emtec's, MSI's, and Xoro's. The officials are
| acting on behalf of Sisvel, which has a stand in Hall 2.2 at this year's IFA.
`----
http://www.heise-online.co.uk/news/German-Customs-cracks-down-at-IFA--/111434
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