[News] New Attempts to Subvert EU Patent Law with Software Patents - Linux

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  1. [News] New Attempts to Subvert EU Patent Law with Software Patents

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    Software patents: IPO revises practice and High Court makes another
    pro-patentee decision

    ,----[ Quote ]
    | The Intellectual Property Office has revised its guidance on claims relating
    | to computer programs, reflecting the more permissive stance taken by the High
    | Court in the recent Astron Clinica case. The High Court has made a further
    | pro-patentee ruling, this time in the case of Symbian's application for an
    | improved method of accessing a dynamic link library.
    |
    | As reported in our last technology update, the practice of the UK
    | Intellectual Property Office (UKIPO) of flatly rejecting patent claims to
    | computer program products has recently been overruled. The case law in the
    | area, formulated in the 2006 Aerotel and Macrossan decisions (see our
    | Internet & E-Commerce Update of November 2006) was clarified in January 2008
    | by the decision of the High Court in Astron Clinica & Ors (see coverage in
    | our last Updated dated February 2008).
    `----

    http://www.olswang.com/updates/tech_q208/it_q208.pdf

    Possible job from the inside:

    Lost in translation: language barriers still hold back the Community Patent

    ,----[ Quote ]
    | Despite the hard work put into reforming the intellectual property landscape
    | during its presidency of the EU in the first half of this year, Slovenia has
    | admitted there won’t be a breakthrough under its stewardship.
    |
    | [...]
    |
    | The only country to oppose this idea is Spain, which has fought hardest
    | against plans to simplify the linguistic requirements of the patent system.
    | The country argues that Spanish is a more important language than both French
    | and German, two of the official languages of the European patent system (the
    | other being English), because of its use in Latin America. It fears that if
    | patents aren’t available in Spanish, then Spain will become an economic
    | backwater.
    |
    | Spain to the rescue?
    |
    | But the arrival last month of a new Spanish minister in charge of science and
    | innovation, molecular biologist Cristina Garmendia, gives reason to hope for
    | a change in the Spanish position, Konteas said.
    |
    | “The Spanish government seems ready to change the focus of the economy from
    | tourism and construction towards innovation-led pursuits. They seem to be
    | going in the right direction.”
    `----

    http://bulletin.sciencebusiness.net/...893/10652&ch=1

    Working breakfast on Community Patent

    ,----[ Quote ]
    | Here's a report from a breakfast meeting I was at yesterday on the topic of
    | SMEs and the Community Patent. There were 50 seats, all full. The speakers
    | included representatives from the Commission, the Parliament, and the
    | Slovenian EU Presidency.
    `----

    http://fsfe.org/en/fellows/ciaran/ci...mmunity_patent

    Microsoft lobbyists like ACT are behind this. More attempts to lump that in
    from the back door.


    Days ago:

    The ghost of software patents is back!

    ,----[ Quote ]
    | Life is never easy for an open source evangelist. The OOXML drama came to a
    | close on 2nd April 2008 and we were on to our next issue -- software patents.
    | The Draft Patent Manual might end up bringing software patents through the
    | back door. this would be surprising because the Indian parliament explicitly
    | rejected software patents in the Patent Amendment Act 2005. In this blog, I
    | am including extracts from a letter that I sent to the Patent Office on 11th
    | April 2008. The deadline for comments was 15th April 2008.
    `----

    http://osindia.blogspot.com/2008/05/...s-is-back.html


    [ffii] McCreevy wants to legalise Software Patents via a US-EU patent treaty

    ,----[ Quote ]
    | Brussels, 13 May 2008 -- European Commissioner McCreevy is pushing for a
    | bilateral patent treaty with the United States. This Tuesday 13 May in
    | Brussels, White House and European representatives will try to adopt a
    | tight roadmap for the signature of a EU-US patent treaty by the end of
    | the year. Parts of the proposed treaty will contain provision on
    | software patents, and could legalise them on both sides of the Atlantic.
    |
    | "TEC talks are the current push for software patents. The US want to
    | eliminate the higher standards of the European Patent Convention. The
    | bilateral agenda is dictated by multinationals gathered in the
    | Transatlantic Economic Business Dialogue (TABD). When you have a look
    | who is in the Executive Board of the TABD, you find not a single
    | European SME in there", says Benjamin Henrion, a Brussels based patent
    | policy specialist.
    |
    | The Transatlantic Economic Council (TEC) which comprises EU and US high
    | level representatives put a substantive harmonisation of patent law on
    | its agenda. Substantive patent law covers what is patentable or not. The
    | attempt to impose the low US standards on Europe via the Substantive
    | Patent Law Treaty (SPLT) process utterly failed at the World
    | Intellectual Property Organisation. Also progress in the WIPO B+
    | subgroup (without development nations) could not be reached.
    `----

    http://lwn.net/Articles/282000/
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  2. Re: [News] New Attempts to Subvert EU Patent Law with Software Patents

    Roy Schestowitz espoused:
    > -----BEGIN PGP SIGNED MESSAGE-----
    > Hash: SHA1
    >
    > Software patents: IPO revises practice and High Court makes another
    > pro-patentee decision
    >
    > ,----[ Quote ]
    >| The Intellectual Property Office has revised its guidance on claims relating
    >| to computer programs, reflecting the more permissive stance taken by the High
    >| Court in the recent Astron Clinica case. The High Court has made a further
    >| pro-patentee ruling, this time in the case of Symbian's application for an
    >| improved method of accessing a dynamic link library.
    >|
    >| As reported in our last technology update, the practice of the UK
    >| Intellectual Property Office (UKIPO) of flatly rejecting patent claims to
    >| computer program products has recently been overruled. The case law in the
    >| area, formulated in the 2006 Aerotel and Macrossan decisions (see our
    >| Internet & E-Commerce Update of November 2006) was clarified in January 2008
    >| by the decision of the High Court in Astron Clinica & Ors (see coverage in
    >| our last Updated dated February 2008).
    > `----
    >
    > http://www.olswang.com/updates/tech_q208/it_q208.pdf
    >


    Interesting that it would seem to be Nokia pushing this (symbian).

    --
    | 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/ |
    | Open platforms prevent vendor lock-in. Own your Own services! |


  3. Re: [News] New Attempts to Subvert EU Patent Law with Software Patents

    ____/ Mark Kent on Thursday 05 June 2008 23:08 : \____

    > Roy Schestowitz espoused:
    >> -----BEGIN PGP SIGNED MESSAGE-----
    >> Hash: SHA1
    >>
    >> Software patents: IPO revises practice and High Court makes another
    >> pro-patentee decision
    >>
    >> ,----[ Quote ]
    >>| The Intellectual Property Office has revised its guidance on claims
    >>| relating to computer programs, reflecting the more permissive stance taken
    >>| by the High Court in the recent Astron Clinica case. The High Court has
    >>| made a further pro-patentee ruling, this time in the case of Symbian's
    >>| application for an improved method of accessing a dynamic link library.
    >>|
    >>| As reported in our last technology update, the practice of the UK
    >>| Intellectual Property Office (UKIPO) of flatly rejecting patent claims to
    >>| computer program products has recently been overruled. The case law in the
    >>| area, formulated in the 2006 Aerotel and Macrossan decisions (see our
    >>| Internet & E-Commerce Update of November 2006) was clarified in January
    >>| 2008 by the decision of the High Court in Astron Clinica & Ors (see
    >>| coverage in our last Updated dated February 2008).
    >> `----
    >>
    >> http://www.olswang.com/updates/tech_q208/it_q208.pdf
    >>

    >
    > Interesting that it would seem to be Nokia pushing this (symbian).


    Nokia is one of the worst pro-swpatents lobbyists. Siemens is considered the
    worst by FFII.

    --
    ~~ Best of wishes

    Roy S. Schestowitz | "Ping this IP, see if it responds the second time"
    http://Schestowitz.com | RHAT GNU/Linux | PGP-Key: 0x74572E8E
    07:00:01 up 52 days, 5:12, 5 users, load average: 0.45, 1.13, 1.14
    http://iuron.com - help build a non-profit search engine

  4. Re: [News] New Attempts to Subvert EU Patent Law with Software Patents

    Verily I say unto thee, that Mark Kent spake thusly:
    > Roy Schestowitz espoused:


    >> Software patents: IPO revises practice and High Court makes another
    >> pro-patentee decision

    [...]
    > Interesting that it would seem to be Nokia pushing this (symbian).


    The Symbian case marks the end of Britain's software patent-free
    sanctuary. With all that pressure (read: lobbying, i.e. bribery)
    from Intellectual Monopolists, it was bound to happen eventually.

    The implication for GNU/Linux seems increasingly dire. Where are
    distros going to host their patent encumbered packages now?

    China?

    Soon Fuddie's assertion that playing DVDs under Linux is illegal
    may actually become true everywhere, and not just in the United
    States of Advertising.

    The day the Intellectual Monopolists seize total control of the
    Free Software community, will be the day I stop using computers.

    --
    K.
    http://slated.org

    ..----
    | 'When it comes to knowledge, "ownership" just doesn't make sense'
    | ~ Cory Doctorow, The Guardian. http://tinyurl.com/22bgx8
    `----

    Fedora release 8 (Werewolf) on sky, running kernel 2.6.23.8-63.fc8
    09:01:41 up 168 days, 5:37, 5 users, load average: 0.27, 0.13, 0.17

  5. Re: [News] New Attempts to Subvert EU Patent Law with Software Patents

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    ____/ Homer on Friday 06 June 2008 09:02 : \____

    > Verily I say unto thee, that Mark Kent spake thusly:
    >> Roy Schestowitz espoused:

    >
    >>> Software patents: IPO revises practice and High Court makes another
    >>> pro-patentee decision

    > [...]
    >> Interesting that it would seem to be Nokia pushing this (symbian).

    >
    > The Symbian case marks the end of Britain's software patent-free
    > sanctuary. With all that pressure (read: lobbying, i.e. bribery)
    > from Intellectual Monopolists, it was bound to happen eventually.
    >
    > The implication for GNU/Linux seems increasingly dire. Where are
    > distros going to host their patent encumbered packages now?
    >
    > China?
    >
    > Soon Fuddie's assertion that playing DVDs under Linux is illegal
    > may actually become true everywhere, and not just in the United
    > States of Advertising.
    >
    > The day the Intellectual Monopolists seize total control of the
    > Free Software community, will be the day I stop using computers.


    There's still a good chance of implosion. It's not as grim as you put it.
    Honest.

    - --
    ~~ Best of wishes

    Roy S. Schestowitz | "Signature pending approval"
    http://Schestowitz.com | GNU/Linux | PGP-Key: 0x74572E8E
    Swap: 1510068k total, 743384k used, 766684k free, 40920k cached
    http://iuron.com - next generation of search paradigms
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  6. Re: [News] New Attempts to Subvert EU Patent Law with Software Patents

    * Homer peremptorily fired off this memo:

    > The day the Intellectual Monopolists seize total control of the
    > Free Software community, will be the day I stop using computers.


    Nope. That will be the day the lragest darknet ever will form.

    --
    Does the e-mail say it's about 'enlargement' -- that might be spam.
    -- Bill Gates, BBC News (24 January 2004)

  7. Re: [News] New Attempts to Subvert EU Patent Law with Software Patents

    Roy Schestowitz espoused:
    > ____/ Mark Kent on Thursday 05 June 2008 23:08 : \____
    >
    >> Roy Schestowitz espoused:
    >>> -----BEGIN PGP SIGNED MESSAGE-----
    >>> Hash: SHA1
    >>>
    >>> Software patents: IPO revises practice and High Court makes another
    >>> pro-patentee decision
    >>>
    >>> ,----[ Quote ]
    >>>| The Intellectual Property Office has revised its guidance on claims
    >>>| relating to computer programs, reflecting the more permissive stance taken
    >>>| by the High Court in the recent Astron Clinica case. The High Court has
    >>>| made a further pro-patentee ruling, this time in the case of Symbian's
    >>>| application for an improved method of accessing a dynamic link library.
    >>>|
    >>>| As reported in our last technology update, the practice of the UK
    >>>| Intellectual Property Office (UKIPO) of flatly rejecting patent claims to
    >>>| computer program products has recently been overruled. The case law in the
    >>>| area, formulated in the 2006 Aerotel and Macrossan decisions (see our
    >>>| Internet & E-Commerce Update of November 2006) was clarified in January
    >>>| 2008 by the decision of the High Court in Astron Clinica & Ors (see
    >>>| coverage in our last Updated dated February 2008).
    >>> `----
    >>>
    >>> http://www.olswang.com/updates/tech_q208/it_q208.pdf
    >>>

    >>
    >> Interesting that it would seem to be Nokia pushing this (symbian).

    >
    > Nokia is one of the worst pro-swpatents lobbyists. Siemens is considered the
    > worst by FFII.
    >


    Yet both Nokia and Siemens were early members of the Open Source
    Development Labs, now the Linux Foundation. Bizarre...

    --
    | 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/ |
    | Open platforms prevent vendor lock-in. Own your Own services! |


  8. Re: [News] New Attempts to Subvert EU Patent Law with Software Patents

    Roy Schestowitz espoused:
    > -----BEGIN PGP SIGNED MESSAGE-----
    > Hash: SHA1
    >
    > ____/ Homer on Friday 06 June 2008 09:02 : \____
    >
    >> Verily I say unto thee, that Mark Kent spake thusly:
    >>> Roy Schestowitz espoused:

    >>
    >>>> Software patents: IPO revises practice and High Court makes another
    >>>> pro-patentee decision

    >> [...]
    >>> Interesting that it would seem to be Nokia pushing this (symbian).

    >>
    >> The Symbian case marks the end of Britain's software patent-free
    >> sanctuary. With all that pressure (read: lobbying, i.e. bribery)
    >> from Intellectual Monopolists, it was bound to happen eventually.
    >>
    >> The implication for GNU/Linux seems increasingly dire. Where are
    >> distros going to host their patent encumbered packages now?
    >>
    >> China?
    >>
    >> Soon Fuddie's assertion that playing DVDs under Linux is illegal
    >> may actually become true everywhere, and not just in the United
    >> States of Advertising.
    >>
    >> The day the Intellectual Monopolists seize total control of the
    >> Free Software community, will be the day I stop using computers.

    >
    > There's still a good chance of implosion. It's not as grim as you put it.
    > Honest.
    >


    We need a proper, parliamentary debate on this. One where we have well
    briefed politicians. Perhaps we could persuade Dr Pugh to pick this one
    up? Maybe I should raise this with Mark T.

    --
    | 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/ |
    | Open platforms prevent vendor lock-in. Own your Own services! |


  9. Re: [News] New Attempts to Subvert EU Patent Law with Software Patents

    ____/ Mark Kent on Friday 06 June 2008 22:03 : \____

    > Roy Schestowitz espoused:
    >> -----BEGIN PGP SIGNED MESSAGE-----
    >> Hash: SHA1
    >>
    >> ____/ Homer on Friday 06 June 2008 09:02 : \____
    >>
    >>> Verily I say unto thee, that Mark Kent spake thusly:
    >>>> Roy Schestowitz espoused:
    >>>
    >>>>> Software patents: IPO revises practice and High Court makes another
    >>>>> pro-patentee decision
    >>> [...]
    >>>> Interesting that it would seem to be Nokia pushing this (symbian).
    >>>
    >>> The Symbian case marks the end of Britain's software patent-free
    >>> sanctuary. With all that pressure (read: lobbying, i.e. bribery)
    >>> from Intellectual Monopolists, it was bound to happen eventually.
    >>>
    >>> The implication for GNU/Linux seems increasingly dire. Where are
    >>> distros going to host their patent encumbered packages now?
    >>>
    >>> China?
    >>>
    >>> Soon Fuddie's assertion that playing DVDs under Linux is illegal
    >>> may actually become true everywhere, and not just in the United
    >>> States of Advertising.
    >>>
    >>> The day the Intellectual Monopolists seize total control of the
    >>> Free Software community, will be the day I stop using computers.

    >>
    >> There's still a good chance of implosion. It's not as grim as you put it.
    >> Honest.
    >>

    >
    > We need a proper, parliamentary debate on this. One where we have well
    > briefed politicians. Perhaps we could persuade Dr Pugh to pick this one
    > up? Maybe I should raise this with Mark T.


    There will soon be a protest in Belgium or France. July or September.

    --
    ~~ Best of wishes

    Roy S. Schestowitz | One, Two, Free Open Source Software (FOSS)
    http://Schestowitz.com | RHAT Linux | PGP-Key: 0x74572E8E
    13:20:02 up 53 days, 11:32, 5 users, load average: 0.32, 0.83, 1.47
    http://iuron.com - Open Source knowledge engine project

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