Archive for the 'Software Patents' Category

Microsoft and patents back in the news

Thursday, March 8th, 2007

“Were they ever out?” one might ask, but this week:

CNET has this piece from Microsoft general counsel Brad Smith offering Two cheers for intellectual-property law and opining that
nothing is more effective at focusing attention on the arcane subject of patent law than a $1.52 billion jury verdict–in a case that could affect everyone who […]

Lords refuses to hear software patent appeal

Thursday, February 8th, 2007

In an email the House of Lords Judicial Office confirms that
The petition for leave to appeal in the case of Macrossan (Petitioner) v Comptroller-General of Patents, Designs and Trade Marks (Respondent) and one other action was refused on 05 February 2007.
The importance of this case in the ongoing struggle over software patents in the […]

Patent Pledge in Support of Open Source Software fails to wow

Saturday, February 3rd, 2007

If you are not an academic or somehow involved in higher education, the row about Blackboard’s patent on ‘Internet-based education support systems and methods’ may have passed you by - here is an understated reaction to the news shortly after it broke, here (surprisingly) is a more combative piece, here is a typical reaction and […]

“The open source patent war” …

Thursday, January 11th, 2007

… is analysed here; it is markedly more up-beat than our previous post on this topic and ends by quoting a definitely tounge-in-cheek suggestion that
If somebody sues you [for patent infringement], you change the algorithm or you just hire a hit-man to whack the stupid git.

Daniel oblivious of lions’ den?

Sunday, December 17th, 2006

Is the concerned citizen right in feeling there is at least the appearance of a conflict of interest here?

Free information on a wide range of intellectual property matters - from patents, trademarks, new designs legislation, commercial and mediation services - will be available at the Patent Office Intellectual Property Awareness Day at the Microsoft Campus, […]

Open source of confusion …

Thursday, December 14th, 2006

… is the somewhat faintly praising title of this piece on the legalities of open source licencing viewed from within the English legal system.

All your IP are belong to us …

Friday, November 17th, 2006

… to quote from here.

Certainly this week’s highest profile take on the Microsoft - Novell deal is Ballmer on Novell, Linux and patents .

Some attempts at considered analysis are appearing, here and here and here, which concludes:

It could take months — even years — to fully determine the fallout from the Microsoft-Novell deal. But two […]

Fox marries chicken, both move into henhouse …

Friday, November 3rd, 2006

… is how one blogger hailed the news of the Microsoft - Novell deal. Read the press release here and find a whole lot more from Novell here. For Microsoft’s PR go here.

This story has prompted literally hundreds of news items on the web (Google says 527 at the time of writing) with […]

Software patents still threatening!

Saturday, October 14th, 2006

Go here for FFII’s review of the situation as it stood on 5 October. Things changed again on 12 October.

A report from the other side of the battle lines appears here.

Battle over educational software patent

Monday, August 14th, 2006

Educational software manufacurer Blackboard have begun legal action against rival company Desire2Learn based on a software patent which critics in say could stifle innovation and disrupt educational institutions, as well as threaten open source projects with costly legal battles.

The company was awarded the wide-ranging patent, which covers educational groupware and other tools which facilitate web-based […]

EC u-turns on software patents

Friday, May 26th, 2006

The European Commission has performed an apparent volte-face on the subject of software patents. In a response to a question put by Polish MEP Adam Gierek, the EC said that…

“The draft Community Patent regulation (Wikipedia article) confirms in its Article 28.1(a) that patents granted for a subject matter (such as computer programs), which is excluded […]

Software is special

Tuesday, May 23rd, 2006

Software is a unique development in human history and should be treated as such by the patent system. That’s the argument from Gervase Markham in the latest “Man from Mozilla” column over at The Times.

The uniqueness of software means that software and patents have unique interactions. For example, a drug is usually covered by a […]

Open source blamed for Windows faults

Wednesday, April 19th, 2006

A report released this week by anti-virus software company McAfee has blamed the increased prevalence of rootkits on the open source community. Rootkits, which exploit security vulnerabilities to allow third parties covert access to a computer system, exist for several operating systems but are a particular problem for Windows users.

According to Stuart McClure, senior vice […]

EP votes down patent bill

Friday, March 17th, 2006

The European Parliament voted against a proposal to allow companies to defend patents granted by member state throughout the EU. Campaigners against the proposal included the Foundation for Free Information Infrastructure and Florian Mueller of NoSoftwarePatents.com.

UK judge attacks software patents

Tuesday, January 17th, 2006

CNet is reporting comments by Sir Robin Jacob, an appeals court judge specialising in IP law, critical of software patents and asking for “evidence” of their necessity. In the comments made at The Society for Computers and Law, m’lud was also critical of the US’s overbroad stance on patents…

“The United States takes the view that […]

Bill Gates gets FAT

Friday, January 13th, 2006

Microsoft has won a court battle - at the third time of asking - over a patent connected with the File Allocation Table (FAT) system used to help with data storage and retrieval. Linux uses the system to aid compatibility with Windows, for example when using removal storage such as USB flash drives.

Out-Law.com reckons […]

IBM et al hoard Linux patents

Friday, November 11th, 2005

Five big tech companies - IBM, Sony, Phillips, Red Hat and Novell - have announced funding for a project to secure patents related to Linux, in order to minimise the legal risk associated with OSS. Licenses to use the patents will then be granted, royalty-free, to users in return for a gurantee that they do […]

Bush nomination arouses ire

Wednesday, August 10th, 2005

No, not that one, or that one, but the USA’s proposed new ambassador to the EU, one Boyden Gray (Wikipedia entry) and his ties to Microsoft. Gray lobbied for the company during their anti–trust fight in the US, and, with the EU currently trying to call the company to account over similar allegations and (of […]

EC seeks to up the IP ante

Friday, August 5th, 2005

Several news sites have recently carried worrying articles about a new law proposed by the European Commission (EC) which will criminalise intellectual property (IP) infringement. Such a measure, if adopted, could lead to injured parties seeking the incarceration of company directors rather than simply going after large cash settlements or damage awards.

As SCO’s antics involving […]

What part of “no” do they not understand?

Friday, July 22nd, 2005

The European Commission (EC) has released a statement saying that software patents will still be granted, despite the multitude of objections the (democratically elected) European Parliament has raised and the firm rejection they eventually gave the concept. The statement said that EU patent offices will continue to grant software patents, a stance which may lead […]