Bonum Certa Men Certa

Response to Judith Wilcox and Axel H. Horns Regarding Patents to Software Developers

Baroness Wilcox
Credit: Department for Business, Innovation and Skills (BIS)



Summary: Monopoly proponents from Europe rebutted; Lexmark sues 24 companies for patent infringement; EFF kills another ludicrous patent

Horns is an informative blogger (not just a European patent attorney from Germany) who often sheds light on important issues such as UPLS [1, 2, 3]. But there is one point that he overlooked a little while ago when he debated the patentability of software (an important subject in Germany due to Microsoft and Siemens [1, 2]).



Here is where Horns gets it wrong: [via FFII]

He says that there is a “myth” of software patents being used as a tool of dispossession against the copyright programmers earned by writing something. This is a “myth”, in his view, since programmers need to check for patents, just as someone who wants to build somewhere needs to check the property status of the real estate in question.

He then goes on, however, to explain that it is actually impossible for most software authors to do the patent check. That means he is refuting his own point.


Being a patent lawyer, he sure wants more patents. It's business to him. The same goes for the British Intellectual Monopoly Minister, Judith Wilcox. The president of the FFII highlights this new bit of patent propaganda from Incisive Media/Bizmedia:

The Intellectual Property Minister Baroness Wilcox has unveiled a research programme into intellectual property and its value to the British economy

[...]

Wilcox said: “Intellectual property has a key role to play in rebalancing the British economy. The highly-skilled industries where the UK can excel are driven by innovation.

“Britain must have an intellectual property system that encourages innovation and is internationally competitive.


Wilcox wants the public to believe that a patent system "encourages innovation" ("internationally competitive" is euphemism for "imperialistic"), but what happens when it's used to actually suppress competition? Just watch this new lawsuit:

Lexmark sues importers of laser cartridges for patent infringement



Lexmark International, Inc. (NYSE: LXK) announced today that it has filed a patent infringement complaint with the United States International Trade Commission (ITC) against 24 companies engaged in the manufacture, importation and sale of replacement cartridges for various Lexmark laser printers and multifunction devices.

The complaint alleges that these replacement cartridges infringe at least 15 U.S. patents owned by Lexmark. Lexmark is requesting that the ITC issue a general exclusion order banning the importation and sale of patent infringing laser cartridges by any entity.


ITC means embargo [1, 2, 3, 4]. How does that encourage innovation? It encourages litigation and limits competition.

In other noteworthy news, the EFF has just squashed another bad patent. It's hardly the solution though because as Richard Stallman once put it, "Fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria." Regardless, the following is good news at least for symbolic reasons:

Good news in the fight against bad software patents: a jury in the Eastern District of Texas recently found the Firepond/Polaris patent (U.S. Patent No. 6,411,947) invalid. This patent was on EFF's "Most Wanted" list, targeted because it claimed nothing more than a system using natural language processing to respond to customers' online inquires by email.

EFF was not involved in this case, in which Bright Response, LLC — the technical owner of the patent — sued Google, Inc., Yahoo!, Inc. and eight other companies, alleging that Google's AdWords and Yahoo!'s Sponsored Search infringes the Firepond/Polaris patent. The jury found three of the patent's claims invalid based on the public use bar, obviousness, and for lacking written description. The jury also found that neither Google nor Yahoo! infringed those claims. Finally, the jury found the entire patent invalid due to improper inventorship.


Mike Masnick has just covered this too.

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
 
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day