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Articles from other sources; copy title, first paragraph, and put URL in body of post.
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The Open Invention Network, the Software Freedom Law Center, and the Linux Foundation have teamed up to create another tool to defend Linux from patents. It will be hosted by the NYU Peer to Patent folks, where Mark Webbink is now. It is called Linux Defenders, and that would be you, in that they are asking folks to provide prior art to block anyone else from patenting it. Over time, this could be very significant as a protective wall. Essentially, as I understand it, it works like this: Since it costs a prohibitive amount of money to file for patents, the workaround is defensive publication. That results in prior art which can then block patents on that prior art. Brilliant, my dear Watson. No kidding.
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by:  zoobab 1228924293|%e %b %Y, %H:%M %Z|agohover |
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RE: A no-fly zone to protect Linux from patent trolls, where the OIN CEO says: «We’re not anti-patent by any stretch of the imagination. More patents is fine with me, as long as they’re high quality. Quality is the drum we beat.» This is 100% bullshit. If it's about “quality software patents”, then the OIN is favoring software patents! (But I knew that Linux is suicidal.) OTOH, I personally believe that not only software patents should be voided, but all kind of patents. We're having too many patents — idiotic and obvious or not —, so that any inventor should probably pay too much just to check if his work can be considered as original or if he has to pay royalties to someone else! This is severely discouraging innovation IMNSHO. Heck, even the straw dispenser at McDonalds has a patent number on its top cover! In the 21st century, one would expect that ideas that could come to a 3-y.o. kid are not covered by patents, but they are.
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by: zoobab 1228923757|%e %b %Y, %H:%M %Z|agohover |
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Only Germany and the UK had developed legal frameworks with regards to software. Even then there were large differences between them, with Germany allowing for business methods software to be patentable, whereas in the UK a `technical' aspect had to be included. Thus software patented in Germany would not be protected in the UK (COM (2002) 92 final). The proposal was the subject of intense debate as supporters of `open source' software argued that if the proposal became law then it would stifle competition and cooperation. However, as Leblond (2008) notes, there was clearly need for legislative clarity given the differences between member states. As a result of member state opposition, especially from Poland and Denmark, the proposal was substantially amended. In July 2005 the European Parliament rejected the proposal by 648 votes to 14, as the states who did not want the proposal naturally voted against it as
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by: zoobab 1228915357|%e %b %Y, %H:%M %Z|agohover |
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This notice provides further guidance on how patent examiners will assess the patentability of inventions with particular emphasis on the exclusion of computer programs as such. It follows the recent judgment of the Court of Appeal in the case of Symbian Ltd's Application [2008] EWCA Civ 1066 External Link ("Symbian"). It should be read with the Practice Notices dated 2 November 2006 and 7 February 2008 on patentable subject matter.
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by: zoobab 1228913750|%e %b %Y, %H:%M %Z|agohover |
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The IPKat doesn't want to be rude to anyone, but he does feel that a lot of animosity has been generated, confusion caused (or self-induced) and precious resources squandered on arguing this point for what seems to be a lifetime since the Vicom decision. Concepts have been twisted, words abused, propositions over-intellectualised, in order for the Court of Appeal, at the severalth attempt, to reach a decision that has now been rendered down into guidance for patent examiners that is simple enough for a child of ten to understand.
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by: zoobab 1228913693|%e %b %Y, %H:%M %Z|agohover |
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I ask that the government put stipulations on software research financed by public funds (or even largely financed by government funds) that the results be patent free, published, and Free Software. The public has paid for the research once with their tax dollars. Why should they have to pay for it again?
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by: zoobab 1228913265|%e %b %Y, %H:%M %Z|agohover |
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The Defensive Publications program, a component of Linux Defenders, enables non-attorneys to use a set of Web-based forms to generate defensive publications. It relies on substantial participation from the open source community as it relates to disclosures. Defensive publication drafts will be reviewed and edited as needed and at no charge by OIN’s attorneys. The completed defensive publication will be added by OIN to the IP.com database, which is in turn used by IP attorneys and the patent and trademark office to search for prior art when examining patent applications.
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by: zoobab 1228909906|%e %b %Y, %H:%M %Z|agohover |
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Standards for software patentability between EU, APAC and US lacking harmonization in key areas; In re Bilski preserves legitimate role for software and business method patents, but uncertainties remain; We need "Safe Harbor" claiming for software and business method patents in U.S. that would meet subject matter requirements of EPC and APAC nations; "Inventive Step" harmonization with "Non-Obviousness Standards"
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by: zoobab 1228907915|%e %b %Y, %H:%M %Z|agohover |
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"[B]oth researchers and companies in component industries simply ignore patents. Virtually everyone does it. They do it at all stages of endeavor. From the perspective of an outsider to the patent system, this is a remarkable fact. And yet it may be what prevents the patent system from crushing innovation in component industries like IT." -- Mark Lemley, Ignoring Patents (2008)
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by: zoobab 1228907253|%e %b %Y, %H:%M %Z|agohover |
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The new programme, called Linux Defenders (site not live as of writing), will include a call to open source developers all over the world all over the world to submit their software inventions to Linux Defenders so that the group’s attorneys and engineers can help shape, structure, and document the invention in the form of a “defensive publication”.
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by: zoobab 1228906848|%e %b %Y, %H:%M %Z|agohover |
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One embodiment of the present invention provides a system that facilitates using a web-based client-server application offline. During operation, the system receives a function call at an object within a browser that is executing on a client, wherein the function call is generated by the web-based client-server application and is directed to a communication layer on the client.
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by: zoobab 1228905601|%e %b %Y, %H:%M %Z|agohover |
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Friendster has been granted its fourth patent regarding social networking, and still has more than a dozen patent applications under consideration. The current patent is for “compatibility scoring of users in a social network”, or in simpler terms how compatible are users of a social network to each other. The patent outlines a technology that is being used by almost all social networks, this begs the question that if and when Friendster could actually demand payments from the likes of MySpace and Facebook.
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by: zoobab 1228905529|%e %b %Y, %H:%M %Z|agohover |
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Even the modern controversy over the current effort of the Free Software Foundation to limit software patents through the General Public License Version 3 finds reflection in the earlier Cornwall experience. Familiar with the negative impact of the Watt patents on innovation, Cornwall mine engineers were reluctant to patent their inventions. From 1781 to 1852 Cornish residents took out a grand total of 15 patents on steam technology—against 994 patents on steam technology in all of England during that period. Will it surprise you to learn that the area with the fewest patents also was the area that contributed the most to the innovation and development of steam technology?
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by: zoobab 1228905445|%e %b %Y, %H:%M %Z|agohover |
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CNNMoney.com reports that a consortium of companies called the Open Invention Network has launched a Web site that publicities software developments so that patent trolls will have a harder time launching frivolous lawsuits. [...] Among the usual suspects (IBM, Red Hat, etc.), OIM also includes Phillips and Sony. I guess the concern of patent trolling gives these companies a common enemy. The Linux Foundation and the Software Freedom Law Center are co-sponsoring this as well.
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by: zoobab 1228905198|%e %b %Y, %H:%M %Z|agohover |
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The Durham, N.C., intellectual property company said the new Linux Defenders Program (registration required) will provide funds to help developers pay to upload documentation about their code to sites like IP.com, a patent database. Keith Bergelt, CEO of OIN, called IP.com the main source of information for patent officials and others researching the viability of a proposed patent.
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by: zoobab 1228865319|%e %b %Y, %H:%M %Z|agohover |
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The Linux Defenders program, sponsored by the Software Freedom Law Center and the Linux Foundation, is designed to address intellectual property concerns about meritless patents for the Linux and open source community. The program solicits prior art to help invalidate and reject poor quality patent applications and patents, while encouraging high quality inventions and defensive applications.
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by: zoobab 1228865120|%e %b %Y, %H:%M %Z|agohover |
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OIN is actively seeking to address problems that arise from patent trolls and industrial companies whose business models and behaviors are antagonistic to Linux and true innovation. If your company is being victimized by any entity seeking to assert its patent portfolio against Linux, please contact us so that we can aid you in your battle with these dark forces.
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by: zoobab 1228864824|%e %b %Y, %H:%M %Z|agohover |
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The book talks about why Microsoft is toast, implications for Google, why software is unreliable today, the Java mess, patents and copyright, Ubuntu, remaining challenges for free software, and many other things. I'm a former Microsoft programmer of 11 years, and I'm one of a few people who've studied the MS and non-MS worlds.
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by: zoobab 1228822020|%e %b %Y, %H:%M %Z|agohover |
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As many as 500 delegates working in the free software arena, including Jimmy Wales, founder of Wikipedia, and Alan Story, head of Copy South Research Group, will take part in the conference, jointly being organised by the State IT Mission and SPACE (Society for Promotion of Alternative Computing and Employment). The conference will begin with the keynote address on ‘Software patent : Indian and international scenario’ by Eben Moglen, professor of law and legal history at Columbia University and founder, Director-Counsel and chairman of Software Freedom Law Center, at Mascot Hotel at 10 a.m. This will be followed by a lecture by Michel Bauwens, Belgian integral philosopher and peer-to-peer theorist.
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by: zoobab 1228821887|%e %b %Y, %H:%M %Z|agohover |
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An anonymous reader lets us know about a new initiative designed to help shield the open source software community from threats posed by patent trolls. The initiative, called Linux Defenders (the website is slated to go live tomorrow, Dec. 9), is sponsored by a consortium of technology companies including IBM.
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by: zoobab 1228821563|%e %b %Y, %H:%M %Z|agohover |
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