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[News] Articles on Software Patents (or Other Monopolies) and Why They Should be Abolished

  • Subject: [News] Articles on Software Patents (or Other Monopolies) and Why They Should be Abolished
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Thu, 01 Apr 2010 11:09:16 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
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In Favor of Software Patents...Why?

,----[ Quote ]
| His take is that by only allowing for seven 
| years, "patent trolls" lying in wait to 
| pounce on a technology to become successful 
| would lose their window in which to sue. 
| This of course ignores the cases where 
| lawsuits are filed almost immediately after 
| a patent is rewarded.


I Hear The Weather's Nice In East Texas, Too, But I Doubt That's Why Patent Litigants Move There...


In Determining Proper Venue, Court Will Not Scrutinize Plaintiff's Reason For Relocation To The Eastern District of Texas


Dutch see Orange Book differently; Philips prevails again

,----[ Quote ]
| The relationship between IP and competition 
| law is one of the hottest topics in IP law. 
| It now seems that two respected European 
| courts have come to different conclusions 
| on the applicability of the "competition 
| law defence" (although in the result, the 
| decisions do not differ).


Adaptec's caching card uses MS code

,----[ Quote ]
| Adaptec has announced benchmark results for 
| its MaxIS solid state drive (SSD) caching 
| card and revealed it's based on licensed 
| Microsoft code.
| [...]
| Adaptec said it licensed ideas from 
| Microsoft about using SSDs as read caching 
| devices. Its release about the benchmark 
| quoted David Kaefer, general manager of 
| Microsoft's Intellectual Property 
| Licensing, saying: "When our datacenter 
| team came up with some innovative ideas 
| around using solid state devices as read 
| caching devices, we determined it made good 
| sense to license these advances to Adaptec 
| because Microsoft itself doesn't sell these 
| types of products."


Adaptec MaxIQ SSD Caching Solution With Microsoft Technology Demonstrates Dramatic I/O Acceleration


7 Patent Lawsuits That Affect Your Tech



Theora More of a Patent Threat than H264? Wait, What?

,----[ Quote ]
| To sum up: first, submarine patents have 
| been impossible for the past 15 years, 
| which severely limits this supposed threat. 
| Second, the patent claims against Theora 
| come from its competitor, and not from a 
| neutral party; the threats are well-
| countered by Xiph. Third, Google supporting 
| Theora so openly effectively means that 
| Google believes that Theora's patent threat 
| is minimal.
| In fact, this last part is delightfully 
| interesting in light of Apple's original 
| complaint against Theora. Back in 2007, 
| Apple's Maciej Stachowiak argued that while 
| Ogg/Theora/Vorbis are free of patents now, 
| they might get into trouble later on. 


Who Needs Flash? CBS Prepares HTML5 Player for iPad

,----[ Quote ]
| What it also means is that it drives HTML5 
| farther towards a proprietary 
| implementation.  H.264 patents are owned by 
| a group of companies who license the format 
| through independent Denver-based MPEG LA, 
| LLC.  In countries that uphold software 
| patents (like the U.S.), both browser 
| makers (like Apple) and commercial content 
| providers (like CBS) may have to pay to use 
| the codec.


More Patent 101, and some Patent Licensing 201 (advanced class ;)

,----[ Quote ]
| The problem here â with software patents in 
| particular- is that they are so numerous, 
| so broadly worded, and so inconsistently 
| worded, that searching for them is like 
| searching for a submarine in the ocean. It 
| is incredibly difficult, incredibly 
| expensive, and very frequently ineffective 
| to look for the ones that could torpedo 
| your software product. And so most of the 
| industry doesnât bother- they just cross 
| their fingers and hope.


Another Linux Lawsuit Storm Brewing?

,----[ Quote ]
| Now that Microsoft's big operating systems, 
| Windows 7 and Windows Server 2008, are on 
| store shelves, is it time again for them to 
| pick up the legal sledgehammer and go after 
| Linux? I think the evidence for it is 
| mounting. Microsoft has signed a deal with 
| Novell, penned an agreement with Red Hat, 
| sued and won against TomTom, signed a 
| secret deal with Amazon, has lost costly 
| suits against Uniloc and VirnetX and lost 
| an appeal in its case against i4i. But this 
| time, they're going to go for the jugular 
| with a broad and sweeping patent 
| infringement suite against major Linux 
| adopters that haven't signed 
| indemnification deals with them. 


Amazon.com: 'Method And System For Placing A Purchase Order Via A Communications Network'


False Marking: Lobbying against the Senate Bill

,----[ Quote ]
| The false patent marking law imposes a fine 
| on companies that label unpatented products 
| as patented âfor the purpose of deceiving 
| the public.â Currently, the law allows any 
| citizen to sue false markers on behalf of 
| the federal government and any fine awarded 
| by the court is split between the citizen 
| who brought the case and the government.


UK keeps three times as many patents secret as the US

,----[ Quote ]
| UK patents are being declared state secrets 
| more than three times as often as those 
| filed in the US, according to information 
| released to New Scientist.
| An average of nine secrecy orders were 
| imposed for every 10,000 patents filed in 
| the UK since 2003, compared with less than 
| three per 10,000 filed in the US, figures 
| released for the first time by the UK 
| Intellectual Property Office (IPO) reveal.


MBTA sued for patent infringement over e-mail alerts on late trains, buses

,----[ Quote ]
| A pair of foreign companies today sued the 
| MBTA, alleging the system it uses to notify 
| passengers of late trains and buses 
| violates two patents they hold for 
| compiling information on the whereabouts of 
| vehicles and then notifying people of their 
| status.


Boston Transit Authority Sued For Patent Infringement... For Letting You Know Your Train Is Running Late


Apple Files Mobile Social Networking Patent Request

,----[ Quote ]
| A recently disclosed patent request 
| suggests Apple may be working on a mobile 
| social networking application that would 
| presumably let iPhone users form ad-hoc 
| groups based on their locations.


Tool Maker Loses Lawsuit For Not Violating Another Company's Patents

,----[ Quote ]
| Patent system supporters regularly point 
| (slightly misleadingly) to the claim that 
| the patent system gives patent holders the 
| right to exclude others from using their 
| inventions. And, thus, most lawsuits we see 
| around patents revolve around cases 
| involving a company manufacturing a product 
| that includes a patented invention. But 
| what about a lawsuit for a company that 
| deliberately chose not to license or use a 
| patented technology, because it was too 
| expensive?
| Welcome to today's world. 


Saint Tim Berners-Lee

,----[ Quote ]
| Here's a fine piece of hagiography, with a 
| really excellent conclusion that touches on 
| those diabolical software patents:
|     The founders of Google and Microsoft 
|     have made their fortunes out of the 
|     world wide web, as have numerous other 
|     dot-com entrepreneurs. Sir Tim, though, 
|     has never cashed in on his brilliant 
|     idea. He doesnât have a yacht or a 
|     mansion or a private jet. But neither 
|     does he have any regrets about his lack 
|     of wealth.


Guest View: The uneasy future of software and business-method patents

,----[ Quote ]
| The software-related and business-method 
| patent markets are depressed, and there is 
| little hope for a bailout. A federal 
| appeals court decision, In re Bilski, 
| rendered a multitude of business-method 
| patents illegitimate, and the Supreme 
| Courtâs decision in the case, which could 
| come as soon as next week, could cause even 
| greater damage. The United States Patent 
| and Trademark Office (USPTO), at least, 
| seems to be anticipating a more restrictive 
| decision.


HTC CEO says Q1 results better-than-expected

,----[ Quote ]
| Earlier this month, Apple sued Taiwan-based 
| HTC and accused it of infringing 20 
| hardware and software patents related to 
| the iPhone.


USPTO Awards Arc Flash Software Patent to EDSA

,----[ Quote ]
| EDSA, the leading developer of power 
| analytics solutions for the design, 
| testing, and management of complex 
| electrical power systems, today announced 
| that is has been awarded a patent from the 
| U.S. Patent and Trademark Office for its 
| Paladin Real-time Arc Flash Advisorâ 
| software. It marks another significant 
| patent award for EDSA, as the Company 
| increases its technological lead in the 
| emerging field of Power Analyticsâ. 


Is this the end of gene patenting?


Myriad Loses Ruling Over Breast Cancer-Gene Patents


Breaking: District Court Rules Myriad Breast Cancer Patents Invalid


Judge: Gene Patents Are Invalid


More On The Gene Patent Ruling: What Happens Next


And... Here Come The iPad Patent Claims

,----[ Quote ]
| Given all of this, it was really only a 
| matter of time until the patent litigation 
| began flying over the iPad. Slashdot points 
| us to the news that Elan Microelectronics 
| is seeking to ban the import of iPads into 
| the US via the ever-popular ITC loophole.


Amazon's new patent could make returns harder

,----[ Quote ]
| A new patent awarded to Web retailer 
| Amazon.com could change what customers see 
| in their shipping confirmation e-mails, as 
| well as making falsely problematic returns 
| more difficult.


New Amazon patent: sending video of orders being boxed


Neelie Kroes Vice President of the European Commission Commissioner for the Digital Agenda Economic growth in Europe Address at TEFAF ICT Business Summit Maastricht, The Netherlands, 12th March 2010

,----[ Quote ]
| To give you one example of the barriers to smart growth: protecting a patent is 13 times more expensive in the EU than in the US. How does that help you as entrepreneurs? It does not!


The Patent System Does Not Scale


Open Invention Network Extends the Linux Ecosystem as Guest-tek(TM) Becomes Licensee

,----[ Quote ]
| Open Invention Network (OIN), the company 
| formed to enable and protect Linux, today 
| extended the Linux ecosystem with the 
| signing of Guest-tekâ as a licensee. By 
| becoming a licensee, Guest-tekâ has joined 
| the growing list of companies that 
| recognize the importance of participating 
| in a substantial community of Linux 
| supporters and leveraging the Open 
| Invention Network to further spur open 
| source innovation. 


Thumbs down for software patents in NZ

,----[ Quote ]
| Open source software champions have been 
| influential in excluding software from the 
| scope of patents in the new Patents Bill.
| Clause 15 of the draft Bill, as reported 
| back from the Commerce Select Committee, 
| lists a number of classes of invention 
| which should not be patentable and includes 
| the sub-clause âa computer program is not a 
| patentable invention.â
| âWe received many submissions concerning 
| the patentability of computer programs,â 
| says the committee in the preamble to the 
| Bill. âUnder the Patents Act 1953, computer 
| programs can be patented n New Zealand, 
| provided they produce a commercially useful 
| effect.


Patents On Breast Cancer Genes Ruled Invalid In ACLU/PubPat Case 

,----[ Quote ]
| Patents on genes associated with hereditary 
| breast and ovarian cancer are invalid, 
| ruled a New York federal court today. The 
| precedent-setting ruling marks the first 
| time a court has found patents on genes 
| unlawful and calls into question the 
| validity of patents now held on 
| approximately 2,000 human genes. The ruling 
| follows a lawsuit brought by a group of 
| patients and scientists represented by the 
| American Civil Liberties Union and the 
| Public Patent Foundation (PUBPAT), a not-
| for-profit organization affiliated with 
| Benjamin N. Cardozo School of Law.


Supreme Court expected to rule on Bilski case soon

,----[ Quote ]
| The Supreme Court could issue a decision 
| any day on a controversial case limiting 
| business method and software patents. Legal 
| experts expect the court will uphold the 
| Bilski decision but may call for the 
| Federal Circuit court broaden a test of 
| what can be patentable it set in that case.
| In 2008, the Federal Circuit Court upheld a 
| decision from the U.S. Patent and Trademark 
| Office rejecting a 1997 patent application 
| filed by Bernard Bilski on a business 
| method for hedging financial trades. In its 
| decision, the Federal court laid down a 
| controversial test for any patent: it has 
| to be tied to a device or transform 
| something physical. 


Elan Seeks to Block Apple Ipad Sales Over Patent

,----[ Quote ]
| Elan Microelectronics Corp., a Taiwanese 
| maker of chips and touch-screens, asked a 
| U.S. trade agency to ban the import and 
| sale of some Apple Inc. products, including 
| the forthcoming iPad, because of alleged 
| patent infringement.
| Elanâs complaint filed yesterday with the 
| U.S. International Trade Commission in 
| Washington claims Apple âknowingly and 
| deliberatelyâ used Elanâs technology, while 
| continuing to introduce infringing 
| products, the company claims in the 
| complaint. The petition also seeks to ban 
| imports of the iPhone and iPod Touch 
| products, Elan said in the complaint.
| âOur goal is to protect our technology and 
| to stop sales of those products in the 
| U.S.,â Dennis Liu, spokesman for Hsinchu, 
| Taiwan-based Elan, said by phone today.


Multi-touch Tech Firm Seeks iPad Sales Injunction


US Gene Patents Thrown Out: Software Patents Next?

,----[ Quote ]
| There's been an important development in 
| the world of US patents:
|   Patents on genes associated with 
|   hereditary breast and ovarian cancer are 
|   invalid, ruled a New York federal court 
|   today. The precedent-setting ruling marks 
|   the first time a court has found patents 
|   on genes unlawful and calls into question 
|   the validity of patents now held on 
|   approximately 2,000 human genes.
| That's notable because it asserts 
| definitively (well, subject to appeals) 
| that genes are not patentable matter â 
| overturning decades of practice. Here's 
| what the judge said on the issue:
|   Judge Sweet, however, ruled that the 
|   patents were âimproperly grantedâ because 
|   they involved a âlaw of nature.â He said 
|   that many critics of gene patents 
|   considered the idea that isolating a gene 
|   made it patentable âa âlawyerâs trickâ 
|   that circumvents the prohibition on the 
|   direct patenting of the DNA in our bodies 
|   but which, in practice, reaches the same 
|   result.â
| Note that it singles out âa âlawyerâs 
| trickâ that circumvents the prohibition on 
| the direct patenting of the DNA in our 
| bodies but which, in practice, reaches the 
| same resultâ. That's interesting, because 
| it is essentially the same technique that 
| is used in the world of software patents. 


More On The Gene Patent Ruling: What Happens Next


No Software Patents in New Zealand?

,----[ Quote ]
| So, there you are. New Zealand MPs of all 
| parties are to be congratulated on 
| recognising, what to many, for many years, 
| has been patently obvious. There are some 
| members of that committee that paid 
| particular attention to the detail of the 
| debate, there were also lots of submissions 
| made be patent lawyers in favour of 
| patents.


Patents: is the sky about to fall?

,----[ Quote ]
| This morning AEST, we have Horacio 
| Gutierrez, corporate vice-president and 
| deputy general counsel, issuing a statement 
| in support of Apple's lawsuit.
| Of course, Gutierrez, like many of his 
| colleagues, loves to instill as much fear 
| as he can among all and sundry in order to 
| hike up the fear factor. This is a tactic 
| that has been used by companies, 
| governments and individuals since time 
| immemorial. (As an aside, the BBC's Adam 
| Curtis released a wonderful documentary 
| about this a few years ago.)
| Microsoft never misses a chance to try and 
| scare smaller companies for all kinds of 
| reasons.


Parade GCU Squad @ Solution Linux 2010


Consulter le centre de compÃtences


Why I Am Against Software Patents

,----[ Quote ]
| Still others expect me to argue that the 
| greater good â a dangerous phrase if ever 
| there was one â demands that software be 
| unpatentable. That Nathan Myhrvoldâs 
| Intellectual Ventures is the epitome of 
| evil in the world, with a revenue model 
| based strictly on extracting value from an 
| antiquated patent system that has been 
| mistakenly applied to an industry that 
| requires no such protections. But while I 
| personally believe that Myhrvoldâs company 
| is based entirely on extracting profit from 
| a broken system rather stimulating 
| invention as he claims â that Intellectual 
| Ventures is just a version of those 
| infomercials seeking ignorant âinventorsâ 
| to exploit writ large â this isnât why Iâm 
| against software patents.


Andrew Tridgell on Patent Defense

,----[ Quote ]
| Well worth reading, especially in light of 
| increasing patent-based FUD attacks against 
| Linux from Microsoft and the  doom-and-
| gloom appeasement arguments and anti-
| community actions from Microsoft lackeys.


Transcript: Andrew Tridgell on Patent Defence


HTC Heads Speak Up Against Apple


Apple v. HTC: Who's on First, Who's at Risk?

,----[ Quote ]
| The fact that Google issued a statement in 
| support of HTC before HTC even commented on 
| the lawsuit also lends credence to the idea 
| that Apple is actually gunning for Google 
| here.


Single Touch To Buy Microsoft Patent Portfolio


Google, Microsoft, Yahoo Granted Similar Patents

,----[ Quote ]
| Three patents granted Tuesday to Google, 
| Microsoft and Yahoo describe how each 
| search engine might take a close look at 
| page addresses, or URLs on dynamic Web 
| sites, which can often include large 
| amounts of information, Bill Slawski tells 
| us. 


Director of the USPTO, David Kappos, to Speak at New York Law School on the Future of the Patent Office


Why Real Programmers Don't Take The USPTO Seriously: Doubly-Linked List Patented

,----[ Quote ]
| It's pretty difficult to find software 
| engineers who take the patent system 
| seriously. There are a few, but it's still 
| pretty difficult. For the most part, they 
| recognize that code is just a tool: you can 
| make it do all sorts of things, given 
| enough time and resources, but that doesn't 
| mean that doing any particular thing in 
| code is an "invention" that no one else 
| should be able to do. And then, sometimes, 
| they discover that something pretty basic 
| and old has suddenly been given a patent. 
| Brad Feld discusses his discovery that 
| doubly linked lists were apparently 
| patented in 2006 (patent number 
| 7,028,023)...


Cognex and Fuji Resolve Vision Software Patent Dispute

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