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The European Union has moved to address a decisive issue key to the creation of the hotly-contested European community patent. At the end of May, European Industry Ministers agreed to ask the European Court of Justice (EJC) whether draft plans to cut the costs of defending patents in a single European patent court would be compatible with EU law. Because the European Patent Office also grants patents that are valid in non-EU member states – such as Norway and Switzerland – the topic is under debate.
by: zoobabzoobab
10 Jun 2009 20:42
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However, it seems that Google doesn't care much for having a free and open video format. Most of the bits you put out on the web are in patent-encumbered formats, and this doesn't seem to bother you. Rather, you promote patent-encumbered formats in your new experimental service [4]. The web is based on free and open formats. Google would not have existed without the web. It will be a terrible tragedy if you tip the scales in favor of patent-encumbered formats on the web. We expect higher standards from you.
by: zoobabzoobab
09 Jun 2009 14:19
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This shouldn't become a political discussion, because otherwise it's not possible to distinguish where is the truth. The following things are needed: - startup benchmarks - warm performance benchmarks - gtk-sharp benchmarks about the gui - memory benchmarks - some lawyers opinions about patents - direct contact to microsoft lawyers to ask them if mono is infringing anything
by: zoobabzoobab
09 Jun 2009 13:47
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As a result, to be intellectually consistent, those people against software patents also have to be against patents for electronic circuits. Unless the Supreme Court is going to hold that electronic circuits are not statutory material for patents under 35 USC § 101, their decision should not affect software patents.
by: zoobabzoobab
09 Jun 2009 13:08
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In its edition of IP Value 2007, the Intellectual Asset Magazine (IAM) was publishing an article about the Reform of European Patent System, where an expert (Alison Crofts from Dorsey & Whitney) mentions that the push for the EPLA is coming from the pro-software patents lobby: "The industry-based driving force behind the EPLA comes from the pro-software patent group as a way to ensuring that their software or potential software patents are fully enforceable across Europe."
by: zoobabzoobab
09 Jun 2009 09:48
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The EPO continues walking down the wrong path. A new brochure titled “Patents for software?” has just been release by the EPO. Software patents are not legitimate in the EU. So why even produce such a brochure with a question mark as an excuse? As the president of FFII puts it, “EPO teaches software programmers they have to read and understand 60.000 patents before writing code.” If people don’t stand up and oppose software patents, they too will likely pass. Microsoft pays lobbyists a lot of money to accomplish this goal by corrupting politicians.
by: zoobabzoobab
09 Jun 2009 09:20
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Hackers from all over Europe will meet at the end of the month (27-30 June) at the second Hacker Space Festival (HSF), in Paris. The four-day schedule includes conferences and workshops on: Metasploit, HostileWRT, FPGA for beginners, ICT disaster recovery, Software Patents in Europe, Hadopi, Anonymisation or how to produce your own biodiesel... The future of Hacker Spaces will also be debated. The event will be hosted by the first french hackerspace /tmp/lab, located in an industrial zone in the outskirts of Paris.
by: zoobabzoobab
08 Jun 2009 18:30
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Patents in other areas range from the morally repulsive (like patents on living organisms) through the seriously harmful (patents on software and business methods) to the merely pointless (patents in the mature manufacturing industries).
by: zoobabzoobab
08 Jun 2009 18:12
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Then i realized, i was an artist, and all the articles on ars, /., techdirt and here reminded me of patent trolls, copyright propoganda, ad nauseum. so, if i patent the ‘idea’, which im sure is easy as fuck to do, then i can lock out innovation entirely, and everyone would be at my whim when i felt like upgrading my software. for the price i demanded, gee, that sounded all too familiar… even if I DIDNT, someone else could, and then force mine off the market.., if only for protecting my right to offer a better software package for a reasonable fee i HAVE to patent it. thats fucked up when a system is so screwed, you HAVE to play their way, or not be allowed into the game at all. it really hits home hard when the realizations of how fucked up the patent and copyright system is in its current state, lemme tell ya.
by: zoobabzoobab
08 Jun 2009 15:02
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CIP FORUM 2009 is now confirmed for Sept 6-9, in Göteborg. The theme will be "The Future of Innovation" and focus on how modern innovation processes in the knowledge economy are built upon the management of intellectual assets, property, and capital. Marshall Phelps, Corporate Vice President, Microsoft will be the Chairman of the event. Over 600 persons from around the world are planned to attend.
by: zoobabzoobab
08 Jun 2009 14:43
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Conference Date: 11 Sep 2009 Conference Ref: H9-5209 Fee: £575 + VAT Venue: The Rembrandt Hotel, London Register for this one day seminar to: Hear about the major recent developments in European patent law in the areas of software-related and business-related patents Exploit the differences between the US and Europe on the scope of protection available for your patent Hear about the impact of the Federal Circuit's Bilski decision Improve your claim drafting by utilising what you have learned Compare experiences with fellow delegates from across Europe Seminar Leaders: Alexander Clelland - EPO Boards of Appeal Ian Harris - D Young & Co Timothy May - Finnegan Topics to be covered at this seminar: Recent developments in Europe for Computer related inventions Strategies for the U.S. in the wake of the decisions in Bilski (subject matter patentability) and KSR (obviousness) Global drafting and prosecution tactics for these technologies Workshop – Questions, answers and discussion of exampl
by: zoobabzoobab
08 Jun 2009 14:32
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Yet the panel delivered very strong language rejecting the mere possibility of business method patents under Canadian law. The panel noted that "since patenting business methods would involve a radical departure from the traditional patent regime, and since the patentability of such methods is a highly contentious matter, clear and unequivocal legislation is required for business methods to be patentable." In applying that analysis to the Amazon.com one-click patent, the panel concluded that "concepts or rules for the more efficient conduct of online ordering, are methods of doing business. Even if these concepts or rules are novel, ingenious and useful, they are still unpatentable because they are business methods."
by: zoobabzoobab
08 Jun 2009 14:01
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The problem is that all software ultimately reduces to mathematical operations, yet only some software controls actual stuff, like the baking of rubber. If the rest is merely math and therefore unpatentable, does that mean we must deny patents to all software that runs nothing but itself? Back in the 1990s, courts were uncomfortable going that far. Computers were infiltrating more and more traditional bastions of patent protection—consumer products, telecommunications, medical devices, automobiles—and computer software itself had become a distinct technology industry. It seemed wrong to read Diamond v. Diehr so broadly as to deny patent protection to new enterprises, thus leaving the rising tide of software technology outside the system—along with the dreaded business method. So the lower courts found themselves caught between the Supreme Court’s antipathy toward excessively mathematical inventions and the proliferating reality of computer software. Searching for a single principle tha
by: zoobabzoobab
08 Jun 2009 13:56
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Microsoft and Paltalk, which owns patents for video chat technology, settled in March a lawsuit in which Paltalk accused Microsoft of infringing on two patents. New York-based Paltalk alleged Microsoft illegally used the technology in its "Halo 2" and "Halo 3" Xbox games, among others. The two companies settled for an undisclosed amount of money after the case went to trial, allowing Microsoft to continue using the technology, according to a Paltalk news release. Paltalk's technology allows Xbox players to talk to each other over an Internet connection.
by: zoobabzoobab
08 Jun 2009 13:53
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IP Law & Business laments that when the Federal Circuit issued the landmark Bilski decision, some folks were ready to call it the death of (most) business method patents, or even software patents—that view may be a bit premature. Even if Supreme Court nominee Sonia Sotomayor joins the court and turn out to be strongly pro-patent, those hoping for stronger limits on what can be patented, there are still a number of way to find a majority. Several justices have, in other cases, dropped hints about what’s in their minds on this subject.
by: zoobabzoobab
08 Jun 2009 13:38
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And, in fact, it's often smaller, more innovative companies that are the most harmed by patents. Joe Mullin has a great post looking at how small mom-and-pop photo sharing sites are being hit with a bunch of patent infringement lawsuits. Basically, a few different companies are all claiming that they own patents on the ideas behind photo hosting online. But, of course, since the idea is so obvious, there are a lot of photo hosting sites out there, including many run as small businesses. [...] Even though, I would be very happy is all software and business model patents, at a minimum, were done away with. I have no doubt that the net effect of such patents on society, and most little guys, has been very negative.
by: zoobabzoobab
08 Jun 2009 13:31
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There is an anti-IP zeitgeist in Europe that has been around for a number of years. It manifests itself in many ways, but can be seen clearly in issues such as the patentability of computer implemented inventions and biotechnology, access to medicine and green technology, copyrights on the internet and ACTA. There is a debate to be had about the extent to which IP rights should or should not be granted in Europe, but right now that debate is very one sided becasue no-one is making the case for IP. Even the Commission has an extremely split stance on the matter. Some DGs tell us how important it is for Europe to create and protect IP, while the Competition DG takes every opportunity it can to rein in the rights of successful IP owners.
by: zoobabzoobab
08 Jun 2009 13:27
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The Pirate Party of Sweden has been a big winner in the election of a new European parliament. Defending online privacy rights, taking a stand against software patents and opposing too strickt copyright laws have been the main planks of the Pirate Party platform.
by: zoobabzoobab
08 Jun 2009 13:18
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I think this is a wonderful development for protecting open source developers from patents, and I would like to see it replicated in all standards bodies. The only issue will be whether OASIS TCs choose to adopt this mode; we need to demand it and boycott the TCs that don't.
by: zoobabzoobab
08 Jun 2009 13:14
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Software patent campaigner and Microsoft proxy the replacement of McCreevy: http://i5.be/r6
by: zoobabzoobab
08 Jun 2009 11:39
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