Bonum Certa Men Certa

Patents Roundup: Microsoft, re Bilski and Reform

Software Patents Turn Against Microsoft, United States



ONE week ago we showed two things: 1) Microsoft's apparent disregard for prior art; and 2) the lawsuit that hit Windows Vista. It did not bode well for Microsoft, whose policy on patent is -- quite frankly -- becoming somewhat of a joke in the blogosphere and even some media circles. It makes patents as a whole look like a circus.

Microsoft Employee Admits That Patent Disclosure Is A Myth



Defenders of the patent system quite frequently point out that one of the main benefits (some claim the only benefit) of the patent system is "disclosure." That is, because the patent system requires you to disclose your patent, the patent system is quite helpful in spreading ideas. This is a myth that's easily debunked on a few points.


This Microsoft employee has ironically enough been the person to get the myth dismissed. It has always been said that disclosure seems better on paper than in practice and here we have a testimonial.

The patent lawsuit that came from China is now being covered by The Inquirer.

A CHINESE Internet company has sued Microsoft for patent infringement over its use of RSS* in Windows Vista.


What goes around comes around... and bites those who are greedy in the rear. Glyn Moody goes a step further and suggests that this intellectual monopolies regime might have an effect at an international level.

In the 19th century, America was a by-word for piracy of British ideas. In the 20th century, as its industry developed, it embraced intellectual monopolies, and became the most fervent advocate of maximalist legal regimes.

In the 20th century, China was a by-word for piracy of American ideas. In the 21st century, as its industry developed, it embraced intellectual monopolies, and became their stoutest defender. The news story above is but the trickle that presages the torrent.

Soon, America will be deluged with such suits, as China tries to leverage its huge industrial power. The consequence? America will become one of the most fervent advocates for *minimalist* intellectual property regimes. Yes, you read that correctly: just wait.


Microsoft's (or Bill Gates') participatory role and investment in a massive patent-trolling firm seems to be confirmed by one publication which suggests Microsoft is among the funding sources, not just Bill Gates (at a personal capacity). Here is an interesting observation from Matt Asay.

Of more concern was the TechFlash's news that Bill Gates, Craig Mundie, and other top current and past Microsoft officials make a regular pilgrimage to the patent troll, Intellectual Ventures, to feed it ideas which it turns into patents. Regardless of what one thinks about patents, shouldn't Microsoft be feeding itself with patents, not another company? In other words, shouldn't it be the patent troll?


Microsoft is better off feeding shells, which cannot be counter-sued. The system is structured such that it permits trolls to exploit it endlessly (unless or until the system gets mended). An old myth spread by Bill Gates is that patents are alright because all the large companies can cross-license and live happily (never mind small businesses and the waste of time that patent applications are). Well, it doesn't compute anymore, does it? Further, says Asay:

Patents are short-term monopolies (20 years) designed to give inventors sufficient time in which to recoup their R&D costs and turn a profit. Open source turns the 20-year patent term into two years, if that. As a relentless, ever-growing competitior, open source keeps the proprietary world in check and on its toes to a degree that the industry has never before seen.


Reform: The Sooner the, Better



BusinessWeek, a somewhat notorious 'Wintel' publication that forbids linking to it (!!), is now entertaining an article that accuses the Patent Office of stifling innovation rather than promoting it.

Patent Office Stifles Innovation



Information Age innovators need not apply. At least that's the implied message being stretched like police tape across the door of the U.S. Patent & Trademark Office (USPTO). The agency seems fixated on eliminating the last, true, sustainable American advantage: our capacity to innovate.


Sign of unrest, no?

Regarding business methods patents, even Microsoft resisted them, but much like IBM, it wanted to keep software patents in tact. Groklaw tells the story.

The Microsoft brief was filed along with Dell and Symantec, and it's an attempt to get the court to deny the Bilski claims while at the same time trying to keep the court from going all the way and deciding software should not be patentable. There are some logic bumps along the way, as you will see. The court diverged from Microsoft's argument about three-quarters of the way through, and it didn't directly address software patents, except in one footnote, mainly because Bilski wasn't about software. So it left unaddressed Microsoft's chief argument about why software should patentable, namely because of what it does to a computer.


The FSF has just put forth a press release celebrating what it calls "a victory".

As opinions form about the extent to which the Court ruling impacts the patenting of software, one thing is clear. The State Street ruling that in 1998 opened the flood gates to the patenting of business methods and software has been gutted, if not technically overturned.


Could re Bilski help the permanent burial of software patents in India, where multi-national companies continue to rely on loopholes [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12]?

Why, you may well ask, is the denial of patent to Bernie Bilski for a method of managing weather-related risk in commodities making the software open source community jump up in joy? A particularly happy lot is the lobby campaigning against software patents in India.


Analysis continues to arrive and it's very important as it may be used extensively as a reference in future cases. From Digital Majority and Groklaw we have:

1. Patent decision: New Roadblock to Software/Tech Patents

On October 30th a leading U.S. federal court decided the major case of In re Bernard L. Bilski. This 100+ page court case could have a major impact on software and technology companies, especially those trying to obtain or enforce software patents in the U.S.


2. United States: Long-Awaited “Bilski” Decision Restricts Patentability Of Software, Business Methods

The Bilski decision is significant because it may affect a patentee's ability to enforce existing patents, the prospects for pending patent applications and the decision whether to file new patent applications directed to so-called "business methods" and software-related innovations....


It has meanwhile come to our attention that Amazon is appealing the 1-click patent rejection. Is this not close to impossible given the re Bilski ruling?

For some background, see this old page

EPO rules for full revocation after a hearing in the opposition of the Foundation for a Free Information Infrastructure (FFII e.V.) against Amazon.com's infamous patent on the online purchase of gifts. The patent EP927945 is a descendant of the controversial One-Click Patent, which was granted to Amazon in the USA but was partially revoked there due to lack of novelty in October 2007.


The patent seems to be somewhere in between software and business methods. The USPTO should reject the appeal, citing the Bernard Bilski case at the very least. Prior art is another strong argument and so is obviousness.

Parrot
In the Amazon, parroting is inventing

Comments

Recent Techrights' Posts

United States Entering the $100 Trillion Debt Trap, We Compare GAFAM Debt
Google's debt is about 6 times less than Amazon's
Software Freedom Conservancy (SFC), Inc. vs. Vizio, Inc. Is Costing the Free Software Foundation Money
FSF subpoena and deposition
They Try to Replace the Creators of GNU/Linux and Hijack Their Word, Work, and Reputation
gnu.org is down at the moment; now I'm told it's back but very slow. DDoS?
Links 05/05/2024: Political Cyberattacks From Russia and Google Getting a Lot Worse
Links for the day
 
On Character Assassination Tactics
The people who leverage these dirty politics typically champion projection tactics
Links 06/05/2024: Scams and Politics
Links for the day
Gemini Links 06/05/2024: Reading and Computers
Links for the day
GitLab's Losses Grew From $172,311,000 to $424,174,000 Per Annum
Letting this company have control over your (or your company's) development/code forge may cost you a lot in the future
statCounter's Latest: Android Bouncing to New All-Time Highs, Windows Down to Unprecedented Lows
Android rising
Can't Bear the Thought We're Happy and Productive
If someone is now harassing online friends, attacking the wife, attacking my family (not just attacking and defaming people I know online) there are legal ramifications
IRC Proceedings: Sunday, May 05, 2024
IRC logs for Sunday, May 05, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Erinn Clark & Debian: Justice or another Open Source vendetta?
Reprinted with permission from disguised.work
Death of Michael Anthony Bordlee, New Orleans, Louisiana
Reprinted with permission from disguised.work
The Revolution Continues
Today we've published over 20 pages and tomorrow we expect more or less the same
Death of Dr Alex Blewitt, UK
Reprinted with permission from disguised.work
Following the Herd (or HURD)
Society advances owing to people who think differently and promote positive change, not corporate shills
Thiemo Seufer & Debian deaths: examining accidents and suicides
Reprinted with permission from disguised.work
Gemini Links 05/05/2024: Infobesity and Profectus Beta 1.0
Links for the day
Running This Site Mostly a Joyful Activity
The real problem or the thing that we need to cancel is this "Cancel Culture"
Australia Has Finally Joined the "4% Club" (ChromeOS+GNU/Linux)
statCounter stats
Debian as a Hazardous Workplace Where No Accountability Exists (Nor Salaries)
systematic exploitation of skilled developers by free 'riders' (or freeloaders) like Google, IBM, and Microsoft
Clownflare Isn't Free and Its CEO Openly Boasted They'd Start Charging Everyone to Offset the Considerable Losses (It's a Trap, It's Just Bait)
Clownflare has collapsed
Apple Delivered Very Disappointing Results, Said It Would Buy Its Own Shares (Nobody Will Check This), Company's Debt Now Exceeds Its Monetary Assets
US debt is now 99.98 trillion dollars
FSFE Still Boasts About Working Underage People for No Pay
without even paying them
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work
[Meme] People Who Don't Write Code Demanding the Removal of Those Who Do
She has blue hair and she sleeps with the Debian Project Leader
Jaminy Prabaharan & Debian: the GSoC admin who failed GSoC
Reprinted with permission from disguised.work
Jonathan Carter, Matthew Miller & Debian, Fedora: Community, Cult, Fraud
Reprinted with permission from disguised.work
Techrights This May
We strive to keep it lean and fast
Links 04/05/2024: Attacks on Workers and the Press
Links for the day
Gemini Links 04/05/2024: Abstractions in Development Considered Harmful
Links for the day
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
[Meme] The Cancer Culture
Mission accomplished?
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though