[News] Software Patens Are Odious - Linux

This is a discussion on [News] Software Patens Are Odious - Linux ; -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 Just say no to software patents ,----[ Quote ] | Why are software patents so odious? It has nothing to do with the patent | system itself. The patent system is a generally good ...

+ Reply to Thread
Results 1 to 5 of 5

Thread: [News] Software Patens Are Odious

  1. [News] Software Patens Are Odious

    -----BEGIN PGP SIGNED MESSAGE-----
    Hash: SHA1

    Just say no to software patents

    ,----[ Quote ]
    | Why are software patents so odious? It has nothing to do with the patent
    | system itself. The patent system is a generally good system whose benefits
    | typically outweigh any problems that it creates. The problem with software
    | patents comes from a failure on the part of people who are outside of the
    | realm of software development to realize that software design and sales do
    | not operate according to the same rules as other products. Software, if
    | anything, is the quintessential exception to the patent system for products
    | because the relationship that software has to hardware and between buyer and
    | seller does not exist in pharmaceuticals and other patent-dependent
    | industries.
    |
    | Software development rarely sees the labor and capital-intensive research
    | that is done in industries like the pharmaceutical industry
    `----

    http://www.codemonkeyramblings.com/2...are-patent.php

    Open Source Software and Patents: An Uneasy Journey of Discovery and
    Understanding

    ,----[ Quote ]
    | Over the past three months, I've been communicating at length with several
    | leaders in the Open Source Software (OSS) community about how best to license
    | software patents in a way that supports the goal of OSS developers, users,
    | and distributors. I've learned a great deal along the way about the uneasy
    | relationship between OSS and software patents.
    |
    | [...]
    |
    | I believe that by being open, honest and fair with the people in the OS
    | communities, there will be no need for patent infringement litigation since
    | developers and distributors will appreciate my position, realize that we're
    | not "gangs of bandits," and act with integrity for a win-win relationship.
    `----

    http://curinghealthcare.blogspot.com...ts-uneasy.html


    Recent:

    CAFC Judge Regrets Decisions That Resulted In Software Patents

    ,----[ Quote ]
    | As the Court of Appeals for the Federal Circuit (CAFC) is considering the
    | Bilski case, where it may finally push back on software and business model
    | patents, it's interesting to hear one of CAFC's judges admit that he
    | was "troubled by the unintended consequences" of the lawsuits (State Street
    | and AT&T) that resulted in software and business model patents being
    | effectively allowed.
    `----

    http://techdirt.com/articles/20080728/0236131808.shtml


    Patents as property II: Rethinking SW patents?

    ,----[ Quote ]
    | Patents as property was also front and center in the thoughts of one judge on
    | the Court of Appeals for the Federal Circuit, the main appellate court for
    | patent disputes in the US. Senior Judge S. Jay Plager, speaking at a
    | symposium at George Mason University, called for a “rethinking” of several
    | aspects of patent law by returning to its origins in property law.
    |
    | According to the BNA, Plager “called for a renewed focus on setting
    | recognizable patent ownership boundaries and on strengthening the notice
    | function that patents are intended to serve. Such a reevaluation might
    | require a reassessment of whether software and business methods are
    | patentable subject matter, Plager said.
    `----

    http://www.researchoninnovation.org/WordPress/?p=103


    Rethinking patent law

    ,----[ Quote ]
    | Judge Plager writes that as a former law professor who taught property law
    | for twenty-five years, he found our general thesis about analyzing patent law
    | from a property law perspective “quite comfortable.” The book argues that
    | many of the key institutional features and much of the economic performance
    | (and many of the problems) of the patent system can be analyzed by treating
    | patents as a property system. In his speech, Judge Plager suggested that this
    | approach might require rethinking the patentability of software and business
    | methods, doctrines of claim construction, patent scope and the doctrine of
    | equivalents.
    `----

    http://www.researchoninnovation.org/WordPress/?p=104


    FFIP Recommends: Research on Innovation and TIIP

    ,----[ Quote ]
    | The block quote alone is amazing and extremely important due to the subject
    | matter and the authority of US. Senior Judge S. Jay Plager. *This is the type
    | of thing that should be promoted by End Software Patents, rethinking subject
    | matter for software patents and business methods is essential if we are to
    | save the patent system.
    `----

    http://freedomforip.org/2008/07/29/f...tion-and-tiip/


    Judge Plager: Regrets "Unintended Consequences" of State Street

    ,----[ Quote ]
    | [Plager] called for a renewed focus on setting recognizable patent ownership
    | boundaries and on strengthening the notice function that patents are intended
    | to serve. Such a reevaluation might require a reassessment of whether
    | software and business methods are patentable subject matter, Plager said. It
    | might lead to limiting a patent’s scope to what was known at the time of the
    | application filing, and to an abandonment the doctrine of equivalents as a
    | basis for patent infringement liability.
    `----

    http://271patent.blogspot.com/2008/0...nintended.html


    Latha Jishnu: The mouse that bit Microsoft
    PATENTLY ABSURD

    ,----[ Quote ]
    | Here’s what Gates wrote in an office memorandum in 1991. “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. . . I feel certain that some large company will patent some
    | obvious thing related to interface, object orientation, algorithm,
    | application extension or other crucial technique.”
    |
    | This was the year after Microsoft launched Windows 3.0, the first of its new
    | operating systems that would become hugely popular across the world. Yet,
    | three years down the line, Microsoft had changed from a kitten that was
    | content with copyright protection to an aggressive patents tiger. In 1991,
    | Microsoft had filed fewer than 50 patent applications whereas last year it
    | was awarded 1,637 patents, almost a 12 per cent increase in the number of
    | patents it received in 2006. According to IFI Patent Intelligence, the rise
    | in Microsoft’s patents portfolio bucked the general trend in 2007 when the
    | number of patents issued by the US Patents and Trademark Office dipped by 10
    | per cent. Apparently several thousand of the company’s filings are still
    | pending.
    |
    | All this may prompt the reader to conclude that there is indeed a direct
    | correlation between IPR and growth — and wealth — as the company claims. Not
    | true, says Mark H Webbink, a US Supreme Court lawyer who is a recognised
    | voice on IT issues. Charting the company’s revenues, R&D spending and patent
    | filings from 1985 onwards, he shows that the spike in patent filings occurred
    | long after the Microsoft “had become well established and was being
    | investigated for its monopolistic practices”. Webbink contends that patents
    | did not spur the launch and rapid growth of the mass market software
    | industry. On the other hand, patents have become a threat to software
    | innovation, he warns.
    `----

    http://www.business-standard.com/ind...?autono=330566


    Critic of Software Patents Wins Nobel Prize in Economics

    ,----[ Quote ]
    | doom writes "You've probably already heard that the Nobel Prize
    | for Economics was given to three gents who were working on advances
    | in mechanism design theory. What you may not have heard is what one
    | of those recipients was using that theory to study: 'One recent
    | subject of Professor Maskin's wide-ranging research has been on the
    | value of software patents. He determined that software was a market
    | where innovations tended to be sequential, in that they were built
    | closely on the work of predecessors, and innovators could take many
    | different paths to the same goal. In such markets, he said, patents
    | might serve as a wall that inhibited innovation rather than
    | stimulating progress.' Here's one of Maskin's papers on the
    | subject: Sequential Innovation, Patents, limitation (pdf).
    `----

    http://rss.slashdot.org/~r/Slashdot/...743/article.pl
    -----BEGIN PGP SIGNATURE-----
    Version: GnuPG v1.4.9 (GNU/Linux)

    iEYEARECAAYFAkixQ1oACgkQU4xAY3RXLo7VXQCfbx9/SwORkVyAA8HxQhR1/VMM
    6jcAnAysx/hb8M25wssbLPh8rUzyDqFm
    =4vY5
    -----END PGP SIGNATURE-----

  2. Re: [News] Software Patens Are Odious

    * Roy Schestowitz peremptorily fired off this memo:



    Subject: Re: [News] Software Patens Are Odious

    Patens? Been celebrating the Eucharist lately?

    --
    Well, that's more-or-less what I was saying, though obviously addition
    is a little more cosmic than the bitwise operators.
    -- Larry Wall in <199709051808.LAA01780@wall.org>

  3. Re: [News] Software Patens Are Odious

    Roy Schestowitz wrote:

    > Just say no to software patents


    huh?


    I thought you liked using patented and proprietary software, Spamowitz, you
    liar:


    Programming Languages: C/C++, Java, Visual Basic, MATLAB, Pascal, PHP,
    Prolog, ML, RISC ASM.

    Operating Systems: UNIX/Linux (most variants), Windows
    3x/95/98/2000/ME/NT/XP, Mac OS 9/10+, DOS, Palm OS.

    http://www.schestowitz.com/roy/





  4. Re: [News] Software Patens Are Odious

    ____/ Linonut on Sunday 24 August 2008 14:29 : \____

    > * Roy Schestowitz peremptorily fired off this memo:
    >
    >
    >
    > Subject: Re: [News] Software Patens Are Odious
    >
    > Patens? Been celebrating the Eucharist lately?


    :-)

    http://en.wikipedia.org/wiki/Paten


    --
    ~~ Best of wishes

    Readers' discretion is advised when reading articles inspired by Microsoft
    press releases.
    http://Schestowitz.com | GNU is Not UNIX | PGP-Key: 0x74572E8E
    http://iuron.com - proposing a non-profit search engine

  5. Re: [News] Software Patens Are Odious

    On Sun, 24 Aug 2008 14:33:42 -0400, DFS wrote:

    > Roy Schestowitz wrote:
    >
    >> Just say no to software patents

    >
    > huh?
    >
    >
    > I thought you liked using patented and proprietary software, Spamowitz, you
    > liar:
    >
    >
    > Programming Languages: C/C++, Java, Visual Basic, MATLAB, Pascal, PHP,
    > Prolog, ML, RISC ASM.
    >
    > Operating Systems: UNIX/Linux (most variants), Windows
    > 3x/95/98/2000/ME/NT/XP, Mac OS 9/10+, DOS, Palm OS.
    >
    > http://www.schestowitz.com/roy/


    Yep....
    Schestowitz is just another "Limousine Linux Advocate".
    --
    Moshe Goldfarb
    Collector of soaps from around the globe.
    Please visit The Hall of Linux Idiots:
    http://linuxidiots.blogspot.com/

+ Reply to Thread