More opposition to patents on abstract ideas

This is good news and I hope that the opinion of Cato Institute, the Competitive Enterprise Institute, and the Reason Foundation will help with the debate against software patents also in Europe.

It’s not much of an exaggeration to say that the crisis in our patent system is mostly a crisis in the new categories of patents that the Federal Circuit unilaterally legalized during the 1990s. On Friday, three leading libertarian think tanks added their voices to the growing chorus of parties calling on the Supreme Court to reverse the Federal Circuit’s mistake and restore the traditional rules excluding abstract ideas from the reach of patent law.

via Libertarian Think Tanks Oppose Patents On Abstract Ideas – Forbes.

Samsung scores against Apple in NL

If you’ve been following the European version of Apple vs Samsung saga, here is a piece of news from a person I trust, the tl;dr version:

Apple has LOST all claims wrt the european patent 2098948. The court thinks that the european patent 1964022 is worthless and will be thrown out in reexamination anyway as prior art has been shown by Samsung. The only thing that remains is the european patent 2059868. And the claims of that patent can be circumvented in trivial ways.

Read the whole post by Jan Wildeboer about Samsung v Apple in the Netherlands.

Patents, Google and people that don’t get it

John Gruber rants about Google ranting about patents and especially the campaign to attack Android based on the absurd US patent system. If it wasn’t Google asking for a reform of the patent system probably Gruber wouldn’t ask these questions:

So if Google had acquired the rights to these patents, that would have been OK. But when others acquired them, it’s a “hostile, organized campaign”. It’s OK for Google to undermine Microsoft’s for-pay OS licensing business by giving Android away for free, but it’s not OK for Microsoft to undermine Google’s attempts to give away for free an OS that violates patents belonging to Microsoft?

Yes, exactly. Because those patents are absurd 99% absurd and the rest 1% is irrelevant. John: the US patent system is broken. I  know that Google saying it may sound like they just don’t want to pay but the truth is that Google is not the only one highlighting the level of absurd reached. I suggest you to start by reading this.

How Intellectual Ventures Became Americas Biggest Patent Troll


NPR has a great story about software patents and how they’re abused especially by one firm that sues and demands payments from innovators. The story describes the business model of Intellectual Ventures, a firm whose only purpose is to accumulate patents and demand fees from anybody that is trying to bring a product to the market.

The company has received about 1,000 patents on stuff it’s come up with at the lab; it’s purchased roughly 30,000 patents from other people. In fact, nothing that’s come out of this lab — not the mosquito zapper, not the nuclear technology — has made it into commercial use.

Intellectual Ventures is the company behind Lodsys, the company suing independent iPhone app developers for a silly patent violation. Lodsys has no employees, it’s not making any product, it’s not producing any innovation. It sues people that create jobs and deliver products.

Did you think that patents were introduced to foster innovation? To give an incentive for inventors to bring new products to the society and solve problems? Think again. Companies like Intellectual Ventures are just a problem for startups and innovators. Venture investor Chris Sacca even said to NPR reporters that these trolls remind him of “a mafia-style shakedown, where someone comes in the front door of your building and says, ‘It would be a shame if this place burnt down. I know the neighborhood really well and I can make sure that doesn’t happen.'”. The FSFE raised this issue in Europe many years ago. The US patent system needs to be reformed, now.

via Intellectual Ventures And The War Over Software Patents : Planet Money : NPR.

Why I think we won the battle against software patents

After many years talking about the damages to innovation created by patents on software, I believe that the we can consider the battle won: the free software/open source movement should focus its attention on other battles.  While I agree with Florian Mueller that the Europeans are still pestered by patents on software, I believe that our campaign was to mainly raise wider awareness.

During the long march to reject the directive on ‘computer implemented inventions’ we put the issue of software patents in front of millions of Europeans, thousands of small businesses and hundreds of MEPs. We convinced the majority of  MEPs to reject, for the first time ever, a Directive approved by the Council. We started a debate about the threats to innovation posed by patents and we made sure the business community knew about the risks to their activity. The issues of patents on software and math are now visible to all those affected in the business community: entrepreneurs, small-and medium-size businesses and big business.

The business community at large is the ultimate victim of software patents. With trolls constantly at work, all companies face potential damage. Companies, small and big, are now aware of the problem and the debate about how to fix it is now a fire that burns on its own. Academics publish a lot more papers and research projects demonstrating that the current patent system is broken and dysfunctional and may be harming economic development of the US.

Looking at it strictly from the perspective of the free software movement: we won! We did our job, software patents are now a mainstream issue, our arguments are being pushed forward by people with vast resources, much more than the FSF or OSI can put together. I believe that Google, HTC, Apple, Microsoft etc. are the main victims of this stupid system. Some argue that the whole US and European commercial power is being harmed in the competition with China. Let them finish the fight: they have all reasons to want to change the system.  We as the free software movement can continue provide expertise when needed, follow the progress of the issue.

We need to liberate resources and energy for other fights that are still not mainstream: online privacy, DRM and locked devices are some that come to mind.

I believe that the victory in the European Parliament was and still is a full clear victory.  As Jack Welch teaches: celebrating a victory is always a good thing, even a small one.