[News] UK Law Broken by Greed (MATHE^HSoftware MONO^HPatents) - Linux

This is a discussion on [News] UK Law Broken by Greed (MATHE^HSoftware MONO^HPatents) - Linux ; Patents on Computer-Implemented Inventions: UK Courts Inching Towards EPO Positions? ,----[ Quote ] | As a consequence of this particular piece of UK case law, the UK Patent | Office UK-IPO had established a practice of flatly rejecting patent claims ...

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Thread: [News] UK Law Broken by Greed (MATHE^HSoftware MONO^HPatents)

  1. [News] UK Law Broken by Greed (MATHE^HSoftware MONO^HPatents)

    Patents on Computer-Implemented Inventions: UK Courts Inching Towards EPO
    Positions?

    ,----[ Quote ]
    | As a consequence of this particular piece of UK case law, the UK Patent
    | Office UK-IPO had established a practice of flatly rejecting patent claims to
    | computer program products contrary to the practice of the EPO. Last year,
    | five companies, namely Astron Clinica Limited, Cyan Holdings Plc, Inrotis
    | Technologies Limited, Software 2000 Limited and Surf Kitchen, Inc., INTERNAL
    | LINKhad appealed against this restrictive practice.
    |
    | Now, and this seems to be quite surprising, the table appears to be turned
    | again: On the well-known EXTERNAL LINKIPKat Blog, EXTERNAL LINKMr David
    | Pearce reports that the Honourable Mr Justice Kitchin has ruled yesterday
    | that the current UK Patent Office practice of flatly rejecting patent claims
    | to computer program products is wrong.
    |
    | [...]
    |
    | Mr Pearce characterises himself as being quite amazed by the judgment because
    | before the recent judgement he had been convinced that, under the system of
    | UK case law, there was no room for manoeuver after Aerotel/Macrossan, and he
    | asks the important question as to whether the UK-IPO can simply all go back
    | to falling into line with the EPO, or if they will judge that this one is
    | worth going further on.
    `----

    http://www.ipjur.com/2008/01/patents...plemented.php3

    High Court allows computer program patent claims

    ,----[ Quote ]
    | In conclusion then, Kitchin J found that the appeals should be allowed. Each
    | application concerned a computer related invention where the examiner had
    | allowed claims to, in effect, a method performed by running a suitably
    | programmed computer and to a computer programmed to carry out the method.
    `----

    http://ipkitten.blogspot.com/2008/01...r-program.html

    Court gives hi-tech companies the power to patent software

    ,----[ Quote ]
    | Hi-tech companies will be able to patent software programs after a key court
    | decision that may move the UK closer to Europe in its treatment of
    | computerrelated inventions.
    |
    | The High Court yesterday said that the Patent Office was incorrectly applying
    | the law in automatically rejecting claims for computer programs, in a case
    | brought by four small British businesses.
    `----

    http://www.ft.com/cms/s/0/4732f070-c...077b07658.html


    Related and recent:

    Interview with Richard M. Stallman

    ,----[ Quote ]
    | It is important to know this because we will always face pressure, from those
    | who are powerful and would like to take away our freedom, to surrender our
    | freedom—and they frequently offer us something attractive in exchange. For
    | instance, B’liar wanted to abolish the Rights of Englishmen, and to serve his
    | American master, Bush, faithfully; so he offered Britons “protection” from
    | this or that, plus the imagined idea that he influences his master on their
    | behalf through the “special relationship”. * * *
    | ^^^^^^^^^^^^^^^^^^^^^^
    `----

    http://www.freesoftwaremagazine.com/...chard_stallman


    Big businesses boast of patent benefits, for small businesses

    ,----[ Quote ]
    | A report published by an EU task force on intellectual property claims
    | that small businesses benefit from a patent system, despite lacking
    | almost any participation by the small business community.
    |
    | Instead, the report, titled IPR (intellectual property rights) for
    | competitiveness and innovation, was written up almost entirely by
    | large corporations and the patent industry.
    |
    | [...]
    |
    | The report does note objections from the likes of patentfrei.de and
    | Sun Microsystems, which were recorded at some length in the report.
    | But this does not appear to have impacted the conclusion of the
    | report in any way
    |
    | [...]
    |
    | Jean-Pierre Laisne, of ObjectWeb, an open source software community,
    | said that he found the report useless: participants were told that
    | all their contributions would be recorded but at the end only
    | those of Business Software Alliance and Microsoft were used.
    `----

    http://www.pcpro.co.uk/news/99155/bi...usinesses.html


    A Patent Lie

    ,----[ Quote ]
    | Microsoft sang a very different tune in 1991. In a memo to his
    | senior executives, Bill Gates wrote, "If people had understood how
    | patents would be granted when most of today's ideas were invented,
    | and had taken out patents, the industry would be at a complete
    | standstill today." Mr. Gates worried that "some large company will
    | patent some obvious thing" and use the patent to "take as much of
    | our profits as they want."
    `----

    http://www.nytimes.com/2007/06/09/opinion/09lee.html


    Leaked letter warns of open source 'threat to eco-system'

    ,----[ Quote ]
    | leaked letter to the European Commission has revealed the extent of
    | lobbying by proprietary software groups to prevent the widespread
    | adoption of open-source software.
    |
    | Sent in response to a recent report on the role of open-source
    | software in the European economy, Microsoft-funded pressure
    | group, the Initiative for Software Choice (ISC) warned of
    | potentially dire effects if too much encouragement was given
    | to open source software development.
    `----

    http://www.techworld.com/news/index.cfm?RSS&NewsID=7109


    EPO says UK patent law is clear enough

    ,----[ Quote ]
    | Article 52, clause 2, outlines items that do not qualify for
    | patent protection, under European and UK law, and includes
    | "schemes, rules and methods for performing mental acts, playing
    | games or doing business, and programs for computers".
    |
    | Exactly how this clause should be interpreted has been extremely
    | contentious, with passionate arguments on both sides of the debate.
    | Some fear that too broad an interpretation could lead to US-style
    | software idea patents being granted in the UK. Others are
    | concerned that if it is interpreted too narrowly, it will
    | discourage innovation in the UK.
    `----

    http://www.theregister.co.uk/2007/03/19/epo_says_no/

  2. Re: [News] UK Law Broken by Greed (MATHE^HSoftware MONO^HPatents)

    ____/ [H]omer on Sunday 27 January 2008 20:46 : \____

    > Verily I say unto thee, that Roy Schestowitz spake thusly:
    >
    >> Patents on Computer-Implemented Inventions: UK Courts Inching Towards
    >> EPO Positions?

    >
    > Well it finally happened.
    >
    > Time for everyone to move their base of operations out of the UK (and
    > EU) now, as well as the US. Where will they go ... Antigua?


    Pirate Bay? Though shall not write your own software.

    --
    ~~ Best of wishes

    Roy S. Schestowitz | "Signature pending approval"
    http://Schestowitz.com | GNU is Not UNIX | PGP-Key: 0x74572E8E
    roy pts/4 cg093a.halls.man Mon Jan 28 02:01 still logged in
    http://iuron.com - proposing a non-profit search engine

  3. Re: [News] UK Law Broken by Greed (MATHE^HSoftware MONO^HPatents)

    Roy Schestowitz espoused:
    > ____/ [H]omer on Sunday 27 January 2008 20:46 : \____
    >
    >> Verily I say unto thee, that Roy Schestowitz spake thusly:
    >>
    >>> Patents on Computer-Implemented Inventions: UK Courts Inching Towards
    >>> EPO Positions?

    >>
    >> Well it finally happened.
    >>
    >> Time for everyone to move their base of operations out of the UK (and
    >> EU) now, as well as the US. Where will they go ... Antigua?

    >
    > Pirate Bay? Though shall not write your own software.
    >


    My feeling is that this is quite stoppable, so long as we fight this
    publicly, visibly and show where the law is now and why. I was
    unsurprised to note that Firefox takeup in the UK is reported to be as
    low as 17%, whereas across many EU countries of similar size, its > 40%.
    This shows how wedded to the status quo many people have become.

    Beating this is definitely within reach, so long as we do *not* give up.
    I strongly suggest it's time to be informing MPs and EMPs about now.

    --
    | Mark Kent -- mark at ellandroad dot demon dot co dot uk |
    | Cola faq: http://www.faqs.org/faqs/linux/advocacy/faq-and-primer/ |
    | Cola trolls: http://colatrolls.blogspot.com/ |
    | My (new) blog: http://www.thereisnomagic.org |

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