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[News] Bosch Patents Maths, Bilski Not a Done Case

  • Subject: [News] Bosch Patents Maths, Bilski Not a Done Case
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Fri, 09 Jul 2010 14:28:39 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.4.2
Hash: SHA1

Bosch releases new central station receiver software

,----[ Quote ]
| The softwareâs patent-pending digital 
| signal processing technology enhances the 
| performance of receivers when interpreting 
| these signals by more than 75 percent.


Sawyer on Why Bilski Really Means That Software Companies Should Leave the US

,----[ Quote ]
| My friend Sawyer was as disappointed in 
| the outcome of Bilski as he was in the 
| ending to LOST.  In fact, he asked if Iâd 
| change Quotehis pseudonym to Joseph Adama 
| of Caprica but I vetoed this over extreme 
| nerdiness.  Nonetheless Sawyer let loose 
| on Bilski and helps clarify both his 
| perspective on why the Supreme Court took 
| such a milquetoast approach as well as 
| what one of the unintended consequences of 
| their action â or lack thereof â will be.  
| And for those of you who have forgotten 
| Sawyerâs background, heâs a patent 
| attorney that is channeling his opinion 
| through me.  And weâve been discussing 
| setting up a very large data center on an 
| island somewhere in the middle of the 
| Pacific Ocean.


Software Patents Need to Be Abolished

,----[ Quote ]
| The U.S. Supreme Court just blinked. In 
| the landmark Bilski v. Kappos decision 
| announced yesterday, the Court had a 
| chance to right a patent wrong. It didn't. 
| Instead, in a cautious and internally 
| contradictory decision, it further 
| fuzzified the mess that is the U.S. patent 
| system -- and it will have sad 
| consequences for innovation in this 
| country. It was terrible timing for a loss 
| of legal nerve.
| [...]
| Far from encouraging innovation and 
| advancement in the "useful arts," as the 
| Constitution originally envisioned and 
| Congress wanted, software and business 
| method patents have become a quasi-legal 
| poison pill. Sometime it's from patents 
| obtained years after application via 
| circuitous paths and bankrupt companies, 
| and sometimes it's straight-up planned 
| extortion. Either way, these "patent 
| trolls" lurk in the shadows, waiting for 
| someone to unknowingly infringe. Then they 
| sue in patent-plaintiff-friendly 
| jurisdictions (of which there are ranked 
| lists - we kid you not), forcing 
| defendants, often small, unsophisticated 
| companies, to settle rather than face the 
| cost and uncertainty that defines 
| litigating a patent case against a well-
| capitalized troll.
| The costs associated with this are 
| immense, as is the innovation penalty. 
| Software companies now must file defensive 
| patents just to make sure that they are 
| not later submarined by useless patents 
| originating with patent attorneys 
| themselves or at failed software 
| companies. We have officially exited 
| economics and entered Kafka's courts. 


Paul Kedrosky: Software Patents Need to Be Abolished


Patent Office Says No to Supreme Court and Software Patents

,----[ Quote ]
| Under the machine-or-transformation test, 
| a business method (read as software) must 
| be tied to a particular machine, rather 
| than run on a general machine like a 
| computer, or transform something from one 
| state into another. The subject of the 
| transformation can be data, but, as you 
| might expect, transformation can largely 
| be in the eye of the beholder.
| The PTO has faced a major management 
| problem for years: the flow of patents in 
| vastly exceeds its capacity to process 
| them. Additional money and headcount 
| havenât really helped, so over the last 
| few years, the PTO seemed to try raising 
| hurdles to discourage applications. Given 
| the volume of software patent 
| applications, reducing them would clearly 
| help slow the incoming volume, which is 
| something the patent office would love to 
| do.


The Bottom Line on Bilski: Good or Bad for FOSS?


The Expanding Twilight Zone of Abstract Uncertainty

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