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[News] European Developer Attacked by Software Patents from Troll (Landmark Digital Services)

  • Subject: [News] European Developer Attacked by Software Patents from Troll (Landmark Digital Services)
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Fri, 09 Jul 2010 14:34:01 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.4.2
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Landmark Digital Services sends C&D

,----[ Quote ]
| I am Darren Briggs, the Chief Technical 
| Officer of Landmark Digital Services, LLC. 
| Landmark Digital Services owns the patents 
| that cover the algorithm used as the basis 
| for your recently posted âCreating Shazam 
| In Javaâ. While it is not Landmarkâs 
| intention to alienate those in the Open 
| Source and Music Information Retrieval 
| community, Landmark must request that you 
| do not ship, deploy or post the code 
| presented in your post. Landmark also 
| requests that in the future you do not 
| ship, deploy or post any portions or 
| versions of this code in its current state 
| or in any modified state.
`----

http://sites.google.com/site/redcodenl/patent-infringement

Amateur programmer meets software patents

,----[ Quote ]
| Roy van Rijn writes "A couple of weeks 
| ago, in a spare weekend, I wrote software 
| that could recognise music through 
| listening to the microphone, much like 
| SoundHound and Shazam. After populair 
| demand I was just about to release the 
| code into the open source community when I 
| got an email from Landmark Digital 
| Services LLC. They claim my hobby project 
| is infringing their patents. This took me 
| on a journey to find out more about 
| software patents and the validity of the 
| requests I got from the company."
`----

http://slashdot.org/submission/1277406/Amateur-programmer-meets-software-patents

Free Software Coder Bullied over *Algorithm*

,----[ Quote ]
| As long-suffering readers of this blog 
| will know, one of the many reasons I am 
| against software patents is that software 
| consists of algorithms, and algorithms are 
| just maths, so a software patent is a 
| patent on knowledge - the purest knowledge 
| there is (a mathematician writes).
| 
| Sometimes defenders of software patents 
| deny that software is just algorithms 
| (don't ask me how, but some do). So I was 
| particularly interested to read about this 
| poor hacker being sued over - you guessed 
| it - algorithms, pure and simple:
| 
|     Landmark Digital Services owns the 
|     patents that cover the algorithm used 
|     as the basis for your recently posted 
|     âCreating Shazam In Javaâ. While it is 
|     not Landmarkâs intention to alienate 
|     those in the Open Source and Music 
|     Information Retrieval community, 
|     Landmark must request that you do not 
|     ship, deploy or post the code 
|     presented in your post. Landmark also 
|     requests that in the future you do not 
|     ship, deploy or post any portions or 
|     versions of this code in its current 
|     state or in any modified state.
| 
| 
| As you can see, there is no way of 
| disguising the fact that this claims to be 
| a patent on an *algorithm* - that is, on 
| maths, which is knowledge and therefore 
| unpatentable.
| 
| [...]
| 
| At every level, then, this is an obvious, 
| algorithmic, mathematical approach. And 
| yet someone in Holland - a country that 
| doesn't recognise software patents at all 
| - finds himself threatened in this manner 
| for some code he wrote independently 
| implementing that general, algorithmic 
| mathematical idea.
| 
| Now explain to me how patents promote 
| innovation, please...
`----

http://opendotdotdot.blogspot.com/2010/07/patent-bullying-over-algorithms.html

Patent holder's demand: stop discussing my patent

,----[ Quote ]
| Roy van Rijn is a Dutch open source/free 
| software developer who wrote a blog-post 
| explaining some audio-fingerprinting 
| algorithms he was experimenting with, 
| along with a few code-fragments, and a 
| promise to release all the source code. 
| Unwisely, he called his post Creating 
| Shazam in Java (Shazam is a commercial 
| audio fingerprinting tool), and this 
| attracted a notice from Darren Briggs, the 
| Chief Technical Officer of Landmark 
| Digital Services, LLC, which holds the 
| patents used in Shazam.
| 
| Briggs said that van Rijn's post violated 
| Landmark's patents (though Briggs had only 
| seen the code fragments) He requested that 
| van Rijn not "ship, deploy or post the 
| code presented in your post. Landmark also 
| requests that in the future you do not 
| ship, deploy or post any portions or 
| versions of this code in its current state 
| or in any modified state."
`----

http://www.boingboing.net/2010/07/08/patent-holders-legal.html


Recent:

Preventing monopolies requires regulations, expert says

,----[ Quote ]
| Speaking last week to the HÃrriyet Daily
| News & Economic Review, Sebastiano
| Toffaletti, secretary-general of the
| European Association of ICT Small and Medium
| Sized Enterprises, or PIN-SME, said there
| was an ongoing debate about standards and
| how they should be used in the
| standardization of the European ICT sector.
|
| [...]
|
| Toffaletti also highlighted intellectual
| property rights and the internal debate
| between software patents and non-software
| patents.
|
| "This is a very controversial topic, but we
| think that software should not be patentable
| even if we agree that there should be better
| control of intellectual property rights,"
| Toffaletti said. "Patents just are not the
| right solution to protect inventions in this
| sector, as they will just make life too
| difficult for software developers and the
| market overall."
`----

http://www.hurriyetdailynews.com/n.php?n=preventing-monopolies-requires-regulations-2010-06-30


EU seeks to break patent translation deadlock

,----[ Quote ]
| Innovative companies could see a dramatic
| reduction in the cost of patenting new
| inventions, if a controversial European
| Commission plan is adopted by EU
| governments. The new rules could pave the
| way for a single European patent to be
| issued in one of just three languages â
| English, French or German.
`----

http://www.euractiv.com/en/innovation/eu-seeks-break-patent-translation-deadlock-news-495842


EU patents will be pulled in line with the US

,----[ Quote ]
| THE EUROPEAN COMMISSION (EC) has issued a
| single patent proposal to keep the EU
| competitive and in line with the US.
|
| The EC said that current patent legislation
| is ten times more expensive in the EU than
| the US. EU members have to validate patents
| at a national level first, which creates
| yards of red tape to process. The EC said
| this stifles research, development and
| competition for EU members, drastically
| increasing costs and time.
`----

http://www.theinquirer.net/inquirer/news/1720228/eu-patents-pulled-line-us


EU Community Patent And UPLS: Will There Be A Political Breakthrough Soon?

,----[ Quote ]
| The Intellectual Property Expert Group
| (ipeg) are feeding hopes in their Blog that
| the Swedish EU Presidency might be lucky
| enough to successfully forge some sort of
| political compromise on the EU Community
| Patent as well as on the Unified Patent
| Litigation System (UPLS) later this year.
`----

http://www.ipjur.com/blog2/index.php?/archives/133-EU-Community-Patent-And-UPLS-Will-There-Be-A-Political-Breakthrough-Soon.html


The Copyright Ratchet Racket Explained

,----[ Quote ]
| I and many others have noted how changes in
| copyright law only ever work in one
| direction: to *increase* copyright's term
| and to give greater powers to copyright
| holders. In effect, it's a ratchet. But
| until now, I've not seen a good explanation
| of what's driving all this (although I had a
| pretty good idea). The motor behind the
| ratchet (assuming such mixed metaphors are
| permitted) is harmonisation:
|
|     Simply put, âharmonizationâ is a concept
|     whereby the intellectual property laws
|     of different countries are made
|     consistent, mostly to facilitate
|     international trade and business. The
|     concept of harmonization is not unusual;
|     almost all the states and territories in
|     this country are signatories to the
|     Uniform Commercial Code (UCC), a model
|     law in the U.S. that makes consistent
|     (or âharmonizesâ) the law of contracts,
|     sales, banking, and secured
|     transactions. This allows firms in one
|     state to reasonably, predictably, and
|     consistently do business with firms in
|     another state.
`----

http://opendotdotdot.blogspot.com/2009/11/copyright-ratchet-racket-explained.html


Reform of Europe's patent system moves a step closer

,----[ Quote ]
| Changes to Europe's costly and fragmented patent system have edged a step
| closer after EU industry ministers agreed formally to ask the European Court
| of Justice for its opinion on a potential overhaul.
|
| Ministers, meeting in Brussels yesterday, said they would consult Europe's
| top court on the legality under EU law of introducing specialist courts to
| handle patent disputes along with a so-called "community patent".
|
| The latter - which would be a single intellectual property right that would
| apply across Europe - has been an elusive goal for decades.
`----

http://www.ft.com/cms/s/0/cc4715a4-4be8-11de-b827-00144feabdc0.html?nclick_check=1


EU states consult top court on patent litigation

,----[ Quote ]
| European Union states agreed on Thursday to ask the bloc's top court whether
| draft plans to cut the cost of defending patents in a new system of courts
| would be compatible with EU law.
`----

http://www.guardian.co.uk/business/feedarticle/8530149
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