decoration decoration

When you want to know more...
For layout only
Site Map
About Groklaw
Legal Research
ApplevSamsung p.2
Cast: Lawyers
Comes v. MS
Gordon v MS
IV v. Google
Legal Docs
MS Litigations
News Picks
Novell v. MS
Novell-MS Deal
OOXML Appeals
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v Novell
Sean Daly
Software Patents
Switch to Linux
Unix Books


Groklaw Gear

Click here to send an email to the editor of this weblog.

You won't find me on Facebook


Donate Paypal

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.

What's New

No new stories

COMMENTS last 48 hrs
No new comments


hosted by ibiblio

On servers donated to ibiblio by AMD.

EU hoping Greece doesn't make "drachmatic" exit | 380 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
EU hoping Greece doesn't make "drachmatic" exit
Authored by: SirHumphrey on Thursday, May 24 2012 @ 08:35 AM EDT

[ Reply to This | Parent | # ]

Off topic
Authored by: Anonymous on Thursday, May 24 2012 @ 09:33 AM EDT

[ Reply to This | Parent | # ]

Does it seem the jury foreman mis-used his authority?
Authored by: jsoulejr on Thursday, May 24 2012 @ 09:58 AM EDT
On the copyright I think he said he swayed 1 or 2 votes. And on the patent
issues he kept trying to get the court to say something that would force the
others to follow him.

[ Reply to This | Parent | # ]

slashdot scoops Groklaw! Supreme Court Orders Do-Over On Key Software Patents
Authored by: Anonymous on Thursday, May 24 2012 @ 01:08 PM EDT
Slashdot seems to have noticed this first!

Supreme Court Orders Do-Over On Key Software Patents

Supreme Court Orders Do-Over On Key Software Patents

[ Reply to This | Parent | # ]

Can somebody please explain the "Software is Math" argument to me?
Authored by: Anonymous on Thursday, May 24 2012 @ 02:31 PM EDT
This concept confuses me.

When you look at the requirements for a CS degree vs. and BE degree? Both of them are heavily math based, to the degree that your are usually only a few hours away from an actual BMATH or B.SC and people often pick one of those as a minor. The same goes for Chemistry (also known as: Cooking For Math Geeks).

Now why would that be you might ask?

Because it IS all math.

When you patent a mechanical device, in then end you are placing a patent on a series of fulcrums, gears, pulleys, chemical reactions, etc.

In the end, it is ALL math.

So, what I cannot seem to figure out is, why is it that so many in the tech fields think that software should somehow get a pass because it is math, when that is also true of virtually(?) all patents.

That said, I cannot stand software patents and tend to agree we would be better off without them...just not sold on this argument.

Even worse, I'm afraid that this type of mentality could even help work against any real reform (in the same way that RMS's fanaticism prevents many from taking so much of his ideas too seriously even though he has accomplished such great things for all of us).

Removing this argument of "Software is Math", then you can look at what the real needs and problems.

Some Examples:
  • Shorten duration to better reflect Tech life cycles
  • Create disclosure laws in an effort to prevent things like surprise patent attacks
  • Revamp the vetting process to more easily allow the community and industry to quickly get patents rejected
  • Greatly speed up the Appeals/Review process
  • Regulate/prohibit NDA's for patent licensing (and talks) to better encourage the "open" nature of patents and invention
  • Tax large standing patent portfolios to discourage "everything under the sun" and "troll" type mentalities
  • Legislate (and this may cause 7th Amendment concerns)all patent cases to judicial arbitration for the first level (quicker, cheaper, less shenanigans), followed by a "loser pays" appeal system to a Jury trial as the second level
...or, perhaps come up with a good reason why software should be exempt from patents altogether.

Am I missing something?

[ Reply to This | Parent | # ]

Heise Germany has got a problem
Authored by: Anonymous on Thursday, May 24 2012 @ 04:18 PM EDT
If you can read German compare this

with the British version

All Heise Germany has to say is that the jury was dismissed according to The
Verge; and that the judge may reverse the jury's decision as it has already
happened in the copyrights phase.

[ Reply to This | Parent | # ]

Date set for EC Microsoft antitrust fine decision
Authored by: MadTom1999 on Thursday, May 24 2012 @ 04:38 PM EDT
Inquirer Article

[ Reply to This | Parent | # ]

Washington Post: Google’s patent trial win seen as ‘near disaster’ for Oracle
Authored by: Anonymous on Thursday, May 24 2012 @ 08:16 PM EDT
Google’s patent trial win seen as ‘near disaster’ for Oracle

Headlines like this seem a bit karmic somehow.

[ Reply to This | Parent | # ]

Authored by: Tkilgore on Thursday, May 24 2012 @ 09:44 PM EDT
Sorry if this story is too relevant for Off Topic.

Mulla Nasruddin served on occasion as a judge.

Once Nasruddin sat in judgment in a suit bought by a rich restaurant owner, who
was suing a poor man.

The poor man had nothing to eat except for an old, stale piece of bread. So he
went into the kitchen of the restaurant and held the bread above the soup pot to
absorb some of the rising steam.

The rich man took him to court and demanded that the poor man should pay for a
meal, since he had come into the restaurant and absorbed its flavor into the

Nasruddin then said to the poor man, "Do you have any money at all? If so,
hand it over."

Shocked, the poor man fished around for whatever coins he had and handed them
over. Then Nasruddin said to the rich restaurant owner, "Come here, close
to me."

When the rich man came close, Nasruddin held up the coins cupped between both of
his hands and shook his hands until the coins jingled right under the rich man's
ear. Then he gave the coins back to the poor man.

"Be satisfied," he said to the rich man. "You have wanted payment
for the smell of your soup, and you have been completely recompensed by hearing
the jingle of the defendant's money."

[ Reply to This | Parent | # ]

Report: HP's webOS Enyo team moving to Google
Authored by: tiger99 on Friday, May 25 2012 @ 08:03 AM EDT
The H

So Google will own even more of the tablet OS market, by adding another application framework. Nowhere near enough to constitute a monopoly, thanks to Apple, far less an illegal monopoly, but even so, I expect that a certain failing software company in Redmond, with a forthcoming unwanted product in that area, will be bleating about it to the anti-trust regulators.

I happen to think that this is a good move. It would have been even better if Enyo was GPL licensed. The GPL keeps people honest, and we can't know what Google may do in the future.

[ Reply to This | Parent | # ]

UK government supports Open Data Institute with £10 million
Authored by: tiger99 on Friday, May 25 2012 @ 08:23 AM EDT
The H

This is good, especially as someone reliable like Sir Tim is leading it. I seem to recall that the US government was heading in roughly the same direction, maybe others too. I guess that the point that openness actually benefits everyone is finally getting across to the politicians. It is quite fascinating that what we imagine as a "capitalist" government, and supposedly pro big business, is behind this, while their "socialist" predecessors, supposedly governing on behalf of the people, were basically closed-source Gates-worshippers.

Or maybe it is just timing, not politics, and it has finally become clear that openness really benefits both businesses and individuals? If this view prevails across the political spectrum, we are going to see big changes coming. There has already been talk elsewhere about the problems with academic publishers. The monopolies and near monopolies in various areas should be worried at this trend.....

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )