Law

The first step in addressing dysfunction in the patent system: Admitting we have a problem

Does the Apple-Samsung case have a silver lining? For the open source community, the large damages verdict is disturbing, but at least it is drawing public attention to some of the deep problems of our patent system. This week the New York Times ran a front page story on the jury’s verdict that said, “The case underscores how dysfunctional the patent system has become.”

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8 CommentsPosted 30 Aug 2012 by Rob Tiller (Red Hat)

Apple, Samsung, and the white queen's gambit

Now the that the jury has given Apple almost everything it asked for in its infringement suit against Samsung, what should we expect to happen next? I think it's a given that Samsung will appeal. Given the damages awarded and the obvious determination of Apple to defend its patents, Samsung has little choice but to press forward wherever it can in court. » Read more

4 CommentsPosted 27 Aug 2012 by Andy Updegrove

The DRM graveyard part 2: A brief history of digital rights management in video and TV

A few months ago, we outlined a few of the major moments in the history of digital rights management (DRM) in the music industry. This time, we're talking about TV, video, and the events in the ongoing fight over copying. We're still calling it the "DRM graveyard"--but as you'll see, the failures that DRM has seen in the music world aren't quite yet as plentiful when it comes to video. » Read more

1 CommentPosted 9 Jul 2012 by Ruth Suehle (Red Hat)

New EFF campaign proposes seven changes to U.S. patent system

Last week, the Electronic Frontier Foundation launched Defend Innovation, a campaign to end software patent abuse, promote seven alterations to the United States patent system, and initiate dialogue about the ways software patents actually hinder the inventors they are designed to protect.

"The software patent system is broken," said EFF Staff Attorney Julie Samuels in a statement released last Tuesday. "Patents are supposed to help promote new inventions and ideas, but software patents are chronically misused to limit competition, quash new tools and products, and shake down companies big and small." » Read more

5 CommentsPosted 25 Jun 2012 by Bryan Behrenshausen (Red Hat)

Google wins patent phase of Android lawsuit

On May 23rd the jury in the closely-watched Oracle v. Google case returned a verdict for the patent phase of the trial in Google's favor. The jury unanimously found that Oracle failed to meet its burden of proving direct patent infringement by Google through Android and the Android SDK.

By the time of the trial, the set of patent claims asserted by Oracle had been reduced to » Read more

5 CommentsPosted 25 May 2012 by Richard Fontana

Need cash? NLnet advances open source technology by funding new projects

Laying fundaments

In April 1982, exactly 30 years ago, the European Internet was launched by the Dutch researcher Teus Hagen, at a European Unix User Group conference in Paris. EUnet was the very first European Internet backbone. NLnet Foundation subsequently took the lead of this initiative, and not only helped shape the European Internet, but was fundamental in establishing the currently biggest Internet exchange on the planet, and also built out a market leadership. In September 1997, so 15 years ago, it was acquired by UUnet, now Verizon. All money was put in a fund with the sole purpose to make the Internet better.

In the second half of its life NLnet became one of the leading » Read more

2 CommentsPosted 16 May 2012 by Valer Mischenko

SAS v. WPL decision addresses boundaries of copyrights on software

SAS v. WPL court addresses boundaries of copyrights on software

Last week the European Court of Justice (ECJ), the highest court in the European Union on matters of EU law, issued a judgment in the case of SAS Institute Inc. v. World Programming Ltd, C-406/10, which was referred to the court for a preliminary ruling by the UK's High Court of Justice for England and Wales, Chancery Division. » Read more

1 CommentPosted 8 May 2012 by Richard Fontana

Oracle v. Google shows the folly of U.S. software patent law

Oracle v. Google has all the ingredients of an epic, high-stakes courtroom battle: a damages claim of up to $1 billion over the use of Java in the popular Android operating system, testimony by both Larrys (CEOs Page and Ellison) in the first week alone, and, of course, the disposition of some interesting legal issues, not the least of them whether APIs can be copyrighted.

But, more than all of that, the case serves as an important teaching moment, illustrating much of what doesn’t work in our patent system. » Read more

50 CommentsPosted 24 Apr 2012 by Julie Samuels

Supreme Court orders reconsideration of breast cancer gene patent decision

Yesterday, the Supreme Court vacated Association for Molecular Pathology v. Myriad Genetics and remanded the case for further consideration in light of last week's Prometheus decision, which stated that the laws of nature are unpatentable. The Myriad case concerns the patentability of the BRCA1 and BRCA2 breast cancer genes. » Read more

3 CommentsPosted 27 Mar 2012 by Ruth Suehle (Red Hat)

Prometheus bound: An important precedent for the next software patent case

The Supreme Court’s new opinion on patent eligibility is an important step in the right direction in addressing the problem of software patents. It shows that the Court is mindful of the risks that patents can hold for innovation, and will provide a useful precedent for the next big software patents case. » Read more

37 CommentsPosted 23 Mar 2012 by Rob Tiller (Red Hat)