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[News] 'Defensive' Patents Seen as Last Resort for GNU/Linux and FOSS in Broken USPTO Atmosphere

  • Subject: [News] 'Defensive' Patents Seen as Last Resort for GNU/Linux and FOSS in Broken USPTO Atmosphere
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Sat, 08 May 2010 18:39:54 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.4.2
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The Defensive Patent License makes patents less evil for open source

,----[ Quote ]
| Open source developers notoriously shy away 
| from pursing software patents. The concept is 
| ugly to them.
| 
| âAt Gnome, pretty much our whole community is 
| anti-patent. They think they are evil. They 
| think they will hurt them,â explained Stormy 
| Peters, executive director of the Gnome 
| Foundation, at a conference on Open Source and 
| Patents held by the Silicon Flatirons, in 
| Boulder last week.
| 
| But without patents of their own, FOSS 
| developers have limited their defense against 
| patent bullies, those seeking to stop 
| innovation by filing patent infringement 
| suits. And to some extent, having no patents 
| makes them vulnerable to patent trolls, those 
| who make no product and buy patents to collect 
| royalties. So says the DPLs creators, Jason 
| Schultz and Jennifer Urban, law professors and 
| directors of UC Berkeley's Samuelson Law, 
| Technology & Public Policy Clinic.
`----

http://www.networkworld.com/community/node/60939

This disease called "software patents" should remain confined (like Swine Flu) around
the US and Japan. There is no reason for this abomination to exist elsewhere.

Members of The Cartel, such as Apple, Microsoft, and MPEG-LA are starting
to come out and attack. Software freedom crushes their business.


Recent:

Long and winding road to single EU patent and patent court system

,----[ Quote ]
| The FFII criticizes that an incredibly
| powerful, international patent and patent court
| system would then be able to take controversial
| decisions while there wouldn't be a single
| powerful and democratically elected legislator
| that could correct undesirable developments
| through new and better laws.
|
| The FFII doesn't mean that the judges
| themselves should be under democratic control
| (judges should always be as independent from
| political bodies as possible) but that there
| should be a lawmaking body that can pass new
| legislation related to all aspects of patent
| law. Even the European Parliament wouldn't be
| able to do so. It has to share legislative
| powers in the EU with the national governments
| of the Member States, and the geographic scope
| of the UPLS would go beyond the borders of the
| EU itself.
|
| Critics of the UPLS also have structural
| concerns, such as over what would happen if
| such a relatively autonomous court system
| exclusively specialized on patents and detached
| from the general judicial framework had to rule
| on a case in which a party claims fundamental
| rights under its country's constitution.
|
| [...]
|
| For the event that the European Court of
| Justices "gives some green light" for the
| reform initiative, Benjamin Henrion predicts
| "huge lobbying."
`----

http://fosspatents.blogspot.com/2010/05/long-and-winding-road-to-single-eu.html


Another (weak) Defense of Software Patents (and its rebuttal)

http://ffii.soup.io/post/36444867/Another-weak-Defense-of-Software-Patents-and


Rovi to Appeal English High Court Ruling in EPG Patent Litigation against Virgin Media

,----[ Quote ]
| Rovi on Monday issued a statement--attributed
| to its SVP of worldwide patent licensing,
| Samir Armaly--making clear that it plans to
| appeal the court's decision: "While we are
| pleased that the court found all of the
| patents to be infringed by Virgin, we strongly
| disagree with the court's ruling on the
| validity issues, and intend to appeal the
| decision," the statement read. "We also intend
| to continue to pursue Virgin and other
| unlicensed companies for their infringement of
| our intellectual property, to join the
| numerous companies who have already taken
| licenses to our patents issued throughout the
| world."
`----

http://www.itvt.com/story/6149/rovi-appeal-english-high-court-ruling-epg-patent-litigation-against-virgin-media


German Court Declares EFI Victorious In Important Patent
Litigation Against Durst Involving Inkjet Technology

http://www.tradingmarkets.com/.site/news/Stock%20News/2689130/


Virgin Media wins Gemstar EPG ruling

,----[ Quote ]
| Virgin Media has succeeded in the patent dispute
| brought against it by Gemstar TV Guide. The
| London High Court rulings call into question the
| ability for intellectual property rights holder
| Rovi to enforce its patents both in the UK and
| with operators around the world.
|
| Gemstar, now part of Rovi, had claimed the
| cablenetâs EPG had breached three patents â EP
| 0969662, EP 1377049 and EP 1613066 â which were
| involved in the display and transfer of
| programme information and metadata. BSkyB,
| Foxtel, Portugal Telecom, Sky Italia and UPC
| Broadband have all signed up to Roviâs patent
| programme.
`----

http://www.broadbandtvnews.com/2009/11/27/virgin-wins-gemstar-epg-case/
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