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[News] Assorted Responses to the Bilski Decision

  • Subject: [News] Assorted Responses to the Bilski Decision
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Sat, 03 Jul 2010 16:41:37 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.4.2
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Supreme Court Patent Ruling Avoids Tough Issues

,----[ Quote ]
| Upholding an appeals court ruling in the 
| closely watched Bilski v. Kappos case, the 
| U.S. Supreme Court denied patent protection 
| to a specific business method for energy 
| trading. But the Supreme Court chose not to 
| clarify the lines that define patentable 
| subject matter.
| 
| The disallowed patent claim describes a 
| series of steps for hedging against the risk 
| of price changes in the energy commodities 
| market. It was rejected by a patent examiner 
| because it was an abstract formula not 
| implemented on a specific device. 
`----

http://www.informationweek.com/news/windows/showArticle.jhtml?articleID=225701651

Supreme Court ruling dashes hopes that software patents will go away

http://www.networkworld.com/community/node/62993

Supreme Court 'Bilski' ruling doesn't rule out software, business-method patents

http://voices.washingtonpost.com/fasterforward/2010/06/supreme_court_bilski_ruling_ke.html

Supreme Court Delivers Open Source Smackdown

http://www.daniweb.com/news/story293269.html


Todayâs opinion in Bilski

http://www.scotusblog.com/2010/06/today%E2%80%99s-opinion-in-bilski/

Justices Take Broad View of Business Method Patents

http://www.nytimes.com/2010/06/29/business/29patent.html?_r=1&src=busln

Supreme Court relaxes limits on innovations that can be patented

http://www.washingtonpost.com/wp-dyn/content/article/2010/06/28/AR2010062803523.html

Reflections on Bilski

,----[ Quote ]
| The only way this issue can be settled 
| promptly now is by legislation. M$ and its 
| buddies will be lobbying fiercely to have 
| the patent laws explicitly accept 
| software. Unfortunately for them, all 
| software, except perhaps in a controller 
| where the software cannot possibly have 
| multiple uses, is abstract. That is to 
| say, programmes written in a high-level 
| language do not even deal with bits let 
| alone reality. They deal in variables and 
| data-structures, abstractions in 
| themselves. If the legislators allow 
| software patents, they will have to allow 
| patents on abstractions, something they 
| will not do or cannot. That would throw 
| our thoughts and all freedom under the 
| bus. Indeed, one brief they did not 
| reference was about freedom of speech as 
| software. Patents cannot be allowed to 
| restrict freedom of speech.
`----

http://pogson.6k.ca/2010/06/29/reflections-on-bilski/

Bilski v. Kappos: The Supreme Court Declines to Prohibit Business Method Patents

http://www.eff.org/deeplinks/2010/06/bilski-v-kappos-supreme-court-declines-prohibit

Bilski case: the United States starts to clean the software patents minefield 

,----[ Quote ]
| The US Supreme Court has issued on Monday 
| a ruling that many people had been waiting 
| for in the so-called "Bilski" case1, 
| regarding a patent on a business method. 
| This decision, even though it does not 
| exclude every software from patentability, 
| invalidates a majority of them, including 
| those patents on computer implemented 
| intellectual methods. It is now time for 
| European lawmakers to halt software 
| patents' proliferation in Europe.
`----

http://www.april.org/fr/bilski-case-united-states-starts-clean-software-patents-minefield

Software patents after Bilski  

,----[ Quote ]
| Bilski gave us a wonderful opportunity to 
| increase awareness to the harm caused by 
| software patents. More scholars, more 
| developers, more journalists, more 
| politicians, and more patent attorneys 
| than ever before have heard from our 
| community on this issue. What's next? 
`----

http://www.fsf.org/blogs/software-patents-after-bilski

Justice John Paul Stevens on Bilski and Business Methods Patents, as text

,----[ Quote ]
| He's actually read and absorbed James 
| Bessen's book Patent Failure and he 
| comprehends the dangers and the costs that 
| such patents present. Thank you, Jim 
| Bessen (and co-authors Mike Meurer, Eric 
| Maskin and Bob Hunt), for all your careful 
| and helpful work, educating judges and 
| lawyers to the dangers of software 
| patents. Significantly, Stevens is joined 
| by Justices Ginsburg, Breyer and 
| Sotomayor. Even Justice Scalia, in a 
| separate concurring opinion written by 
| Justice Breyer, agreed that business 
| methods should not be granted patents. 
| That's five Supreme Court judges. As Tom 
| Goldstein of SCOTUSblog points out in his 
| analysis of the Bilski opinion, that means 
| that business methods patents survived by 
| a single vote. And even at that, the 
| opinion stated that few such methods 
| should be granted a patent. 
`----

http://www.groklaw.net/article.php?story=20100629014657710

Initial thoughts on Bilski

http://opensource.com/law/10/6/initial-thoughts-bilski

Sifting through the clues to patentability: Four take-home points from Bilskiâs mixed bag

,----[ Quote ]
| 1)   State Street Bankâs âuseful, 
| concrete, and tangible resultâ test is 
| dead.
| 
| [...]
| 
| 2)   Abstract ideas likely include âbasic 
| conceptsâ and methods that can be reduced 
| to a mathematical formula.
| 
| [...]
| 
| 3)   Parker v. Flookâs âfield of useâ and 
| âpostsolution activityâ limitations are 
| alive and well.
| 
| [...]
| 
| 4)   Expect more Section 101 challenges, 
| especially at the early stages of patent 
| litigation.
`----

http://cyberlawcases.com/2010/06/30/sifting-through-the-clues-to-patentability-four-take-home-points-from-bilski%E2%80%99s-mixed-bag/

Search for Bilski scapegoats targets IBM

,----[ Quote ]
| Given the failure of the Bilski case to 
| change the status quo regarding software 
| and business method patents, the search is 
| on for scapegoats, for weak sisters in the 
| anti-patent fight who can be made open to 
| criticism.
| 
| It is similar to what happens after a 
| losing political campaign. Those most 
| committed to the cause argue that itâs 
| weak supporters, those willing to do 
| business under the given circumstances, 
| who are responsible for their political 
| failure.
| 
| So it is that Florian Mueller of 
| Fosspatents has seized upon IBM.
`----

http://www.zdnet.com/blog/open-source/search-for-bilski-scapegoats-targets-ibm/6776

Supreme Court Ruling Keeps Door Open for Software Patents

http://www.itworld.com/open-source/112302/supreme-court-ruling-keeps-door-open-software-patents
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