15 Years of Software Patent Practise at the European Patent Office The

Total Page：16

File Type：pdf, Size：1020Kb

15 Years of Software Patent Practise at the European Patent Office The

15 years of software patent practise at the European Patent Office The concept of technical character in 1986, today and in the future Seminar at Linuxtag of 2001 FFII.org, ENEF.org, VOV.de, EUROLINUX.org http://swpat.ffii.org/penmi/linuxtag-2001/ 2001-07-05 thu 10:00-18:00 Stuttgart, Messegelände,Linuxtag CCA III Around 1986 European manuals and commentaries of patent law unanimously ex- plained (complained) that european patent law does not offer the software industry any chances of using patents to protect its investments. But what law scholars at the time deemed impermissible was put into practise by two decisions of the European Patent Office’s Technical Boards of Appeal in 1986. Since then, the EPO has granted more than 30000 patents for (un)technical teachings that had previously been regarded as unpatentable \rules of organisation and calculation" or \computer programs as such". Judges and law scholars have meanwhile proposed various delimitation concepts in order to place this caselaw development onto a meaningful systematic basis. This seminar aims to assess to what extent this has been achieved or can be achieved. Among the active participants are Jan Halbersztadt1, Jean-Paul Smets2, Thomas Ebinger3 Ralph Nack4, Robert Berengeno5, Luuk van Dijk6, Arne Brand7 as well as representatives of Linux-Verband.de, KLID.dk, SSLUG.dk, informaticians, lawyers and officials of concerned administrations. 1examiner at the Polish Patent Office, theoretician of sui generis software protection 2wrote a report for the French government on this subject, s. http://www.pro-innovation.org/ 3lawyer, wrote dissertation arguing for limitation of patentability 4patent lawyer at MPI in Munich, wrote dissertation and numerous articles arguing for extension of patentability 5lawyer and president of ENEF, an association of Internet startups 6works on a swpat compromise recommendation at the order of the Dutch parliament 7speaker of the German Social Democratic Party's Internet Association 1 10:00-11:00 The Software Patents of the EPO Examples and Figures • Function Claims: problem vs solution, functional vs causal • Difficulty and Abstractness • 11:30-12:30: Solving Problems by Using Natural Laws or by Calculating? { the concept of technical invention in the EPC and customary law until 1986 The concept of Technical Invention of the EPC and caselaw until 1986 • How many of today's patent claims pertain to technical inventions? • Elasticity of the concept: physical modelling of logics vs logical modelling of physics • 13:30-14:30: Caselaw since 1986 EPO doctrines and the Practise • Schar (EPA): Invention = practical repeatable solution • Melullis (BGH): Invention = concrete repeatable solution • Chisum, Nack, Laat: Invention = repeatable solution • 15:00-16:30: appropriation interest vs information commons Newell 1986, Tamai 1998 usw: logical innovation is either too abstract or too trivial • Options for fostering a productive and innovative climate • 17:00-18:00: Public Presentation: European Software Patents and Free Software 2.

Copy Link

Recommended publications

Freebsd Opengroupware - English
FreeBSD OpenGroupware - English FreeBSD As Basis For OpenGroupware.org PostgreSQL As Database FreeBSD can currently look back on a history of over 30 PostgreSQL, like BSD, originated at the University of Ca- years. It originated at the University of Berkeley and lifornia and is also distributed under the BSD license. It's FreeBSD evolved over a few intermediate steps into the project one of the oldest and most advanced object-relational founded in 1993 called FreeBSD. The supported architec- database management systems (ORDBMS) in the realm tures are the following: i386, amd64, Alpha, Itanium, of free software and looks back on a development of OpenGroupware.org SPARC, PPC (Mac) and others. over 15 years. PostgreSQL is largely conforming to the FreeBSD has very good support for multiprocessor sys- SQL92/SQL99 standards, that means that all functions in The ideal solution for professional the standards are available and behave as defined; that tems (SMP) and is distributed under the BSD license team communication on the Internet, which grants the user nearly every freedom and is free is not always the case with some commercial and non- commercial SQL database systems. of cost. Apart from having to name the origins of the with FreeBSD and PostgreSQL code, the user may use it in any which way he or she pleases. FreeBSD is a gift to humanity, we are pleased when you use it! FreeBSD has not only got many features, it also has a What is a groupware solution? huge amount of free and open software in its so-called Ports Collection.
[Show full text]
Where in the World Are We?
Community Notebook Cache Where in the World are We? Magazines, editors, and s I write this month’s column, You don’t have to several of my colleagues are at wait for an invitation to volunteer at an authors coming to a city near LinuxTag in Berlin [1], just one event – if you see an event that looks in- of the many international events teresting, email the organizers and offer you! By Rikki Kite A we help sponsor and support. Although to help. we can’t attend every event, we are able to be at quite a few each year, and some- Help a Buddy Move times we’re in two places at once. While Have you helped someone move to my colleagues report from LinuxTag, I’ll Linux and open source? I recently wrote be attending SouthEast LinuxFest (SELF) about introducing a friend to Knoppix in Spartanburg, South Carolina [2]. and Ubuntu [5], and maddog followed Events aren’t just an opportunity for up with a blog post of his own [6]. We’d us to hand out free magazines. We also love to hear your additions to our lists get a chance to meet with our authors, and about your moving experiences. such as Dmitri Popov at Lin uxTag and Joe “Zonker” Brockmeier, Amber Graner, Write for Us! maddog, and Jono Bacon at SELF. Events If you haven’t written for us before but are a great way to get feedback from our have an idea for an article, check out our readers and to stay on top of the latest writer's guidelines and send us your pro- news and trends in open source.
[Show full text]
History of Linux from Wikipedia, the Free Encyclopedia
History of Linux From Wikipedia, the free encyclopedia The history of Linux began in 1991 with the commencement of a personal project by Finnish student Linus Torvalds to create a new free operating system kernel. Since then, the resulting Linux kernel has been marked by constant growth throughout its history. Since the initial release of its source code in 1991, it has grown from a small number of C files under a license prohibiting commercial distribution to the 4.2.3 version in 2015 with more than 18 million lines of source code under the GNU General Public License v2.[1](p7)[2][3] Contents 1 Events leading to creation 2 The creation of Linux 3 Naming 4 Linux under the GNU GPL 5 GNU/Linux naming controversy 6 Official mascot 7 New development 7.1 Community 7.2 Open Source Development Lab and Linux Foundation 7.3 Companies 7.4 Desktop environments 8 "Linux is obsolete" 9 Competition from Microsoft 10 SCO 11 Trademark rights 12 Chronology 13 See also 14 References 15 External links Events leading to creation After AT&T had dropped out of the Multics project, the Unix operating system was conceived and implemented by Ken Thompson and Dennis Ritchie (both of AT&T Bell Laboratories) in 1969 and first released in 1970. Later they rewrote it in a new programming language, C, to make it portable. The availability and portability of Unix caused it to be widely adopted, copied and modified by academic institutions and businesses. In 1977, the Berkeley Software Distribution (BSD) was developed by the Computer Systems Research Group (CSRG) from UC Berkeley, based on the 6th edition of Unix from AT&T.
[Show full text]
HP IT Essentials II: NOS V3.0 Linux in Windows Classroom
HP IT Essentials II: NOS v3.0 Linux In Windows Classroom Rick Vogt, SC Product Marketing Manager Session Number Presentation_ID © 2005 Cisco Systems, Inc. All rights reserved. 1 Agenda Overview of HP IT II: NOS Overview of Linux Lab Procedures Overview of Microsoft VirtualPC Knoppix • Overview • Knoppix.SysAdmin Lab Presentation_ID © 2005 Cisco Systems, Inc. All rights reserved. 222 HP IT Essentials II: Network Operating Systems Presentation_ID © 2005 Cisco Systems, Inc. All rights reserved. 333 HP IT Essentials II: Network Operating Systems • Sponsored by Hewlett-Packard • Introduction to multiuser, multitasking networking operating systems • Hands-on, lab-oriented course overviews the characteristics of Linux and Windows NT, 2000, and XP operating systems • Students will learn about installation procedures, security issues, backup procedures, and remote access Presentation_ID © 2005 Cisco Systems, Inc. All rights reserved. 444 HP IT Essentials II: Network Operating Systems • English v3.0 released April 2005 • French v3.0 scheduled for August 2005 • Surveys to Instructor Community indicated that CompTIA Server+ was no longer valuable • However, feedback to retain overview of NOS (keep Windows content) • Some Server+ content was removed to allow more Linux content • HP IT Essentials II: NOS v3 AND Fundamentals of UNIX course map to CompTIA Linux+ Presentation_ID © 2005 Cisco Systems, Inc. All rights reserved. 555 Fundamentals of UNIX news • Course developed in 2001 under sponsorship of Sun • Sun’s sponsorship and contract ended in May
[Show full text]
Openoffice.Org
Florian Efenberger OpenOfce.org ProgrammProgramm && CommunityCommunity imim ÜberblickÜberblick Linux-Infotag Augsburg, 27. März 2010 Kuck mal, wer da spricht! Florian Efenberger [email protected] Twitter: @foef seit 2004 ehrenamtlich bei OpenOfce.org engagiert Marketing Project Lead Distribution Project Lead Vorstand im gemeinnützigen OpenOfce.org Deutschland e.V. Was ist OpenOfce.org? Programm freie Ofce-Suite für viele Plattformen in mehr als 90 Sprachen erhältlich Ursprung in Deutschland in den 1980ern Version 1.0: Mai 2002 Version 2.0: Oktober 2005 Version 3.0: Oktober 2008 Community („Projekt“) gegründet am Freitag, 13. Oktober 2000 DE-Projekt im Jahr 2001 ins Leben gerufen eines der größten Open-Source-Projekte de.oo.o eines der größten OOo-Projekte Wer benutzt das denn? viele Privatanwender, KMU und Behörden Standard auf Linux-Distributionen Beispiele: München, Freiburg, Schwäbisch Hall, Südtirol, Dänemark, Auswärtiges Amt, Fressnapf, Apollo Optik Gründe keine Lizenzkosten, Quelltext verfügbar leicht zu bedienen und parallel nutzbar ofenes Dokumentformat (ISO) und API kein „Vendor Lock-In“ keine Zwangsupdates, keine Aktivierung stark erweiter- und anpassbar Traue keiner Statistik... www.openofce.org hat über 750.000 Benutzer über 100 festangestellte Entwickler ca. 400 weitere, regelmäßig Beitragende (technisch: Schreibzugrif auf Repository) über 100 Sprachprojekte ca. 43 weitere Projekte über 100 Millionen Downloads binnen eines Jahres von der internationalen Seite seit Veröfentlichung weit über 300 Millionen Downloads nachweisbar Marktanteil teils über 20% „Dunkelzifer“? Wer macht da mit? Festangestellte Oracle, Novell, Redfag, Red Hat, IBM... Oracle als Hauptsponsor insbesondere Programmentwicklung Ehrenamtliche („Volunteers“) alle Altersgruppen und Berufe verschiedene Beweggründe manche mehrere Stunden am Tag selten in der Programmentwicklung dafür in allen anderen Bereichen (Beispiel: Lokalisierung) Lauter bunte Farben..
[Show full text]
Debian: 18 Years and Counting
Debian: 18 years and counting Stefano Zacchiroli Debian Project Leader 12 May 2011 LinuxTag 2011 Business Applications track Berlin, Germany Stefano Zacchiroli (Debian) Debian: 18 years and counting LinuxTag 2011 1 / 29 Business We now have a body of software accessible to everybody on earth so robust and so profound in its possibilities, that we are a few man months away from doing whatever it is that anybody wants to do with computers all the time. — Eben Moglen, speech at Harvard Law School The question is no longer whether Open Source makes sense [for business], but when and how best to use Open Source to pursue business objectives. — Bdale Garbee, LCA 2009 it takes two to tango understanding each other is key ñ I can—and will—only show you my side of the coin. Stefano Zacchiroli (Debian) Debian: 18 years and counting LinuxTag 2011 2 / 29 Outline 1 Debian and Squeeze 2 Specialties 3 Derivatives 4 Contribute Stefano Zacchiroli (Debian) Debian: 18 years and counting LinuxTag 2011 3 / 29 Outline 1 Debian and Squeeze 2 Specialties 3 Derivatives 4 Contribute Stefano Zacchiroli (Debian) Debian: 18 years and counting LinuxTag 2011 4 / 29 Debian: once upon a time Fellow Linuxers, This is just to announce the imminent completion of a brand-new Linux release, which I’m calling the Debian Linux Release. [. ] Ian A Murdock, 16/08/1993 comp.os.linux.development make GNU/Linux competitive with commercial OS easy to install built collaboratively by software experts 1st major distro developed “openly in the spirit of GNU” FSF-supported for a while Stefano Zacchiroli (Debian) Debian: 18 years and counting LinuxTag 2011 5 / 29 Debian: the operating system ﬂagship product: Debian stable binary distribution completely Free (DFSG) released every 24 months (≈) a dozen architectures archive-wide security support (3-3.5 years) renowned for ports, stability, packaging system, old hardware support, one of the largest GNU/Linux documentation, smooth upgrades, porting platforms i18n/l10n, the testing suite, runs anywhere, technical policy, package choice, .
[Show full text]
Freebsd Opengroupware - English
FreeBSD OpenGroupware - English FreeBSD As Basis For OpenGroupware.org PostgreSQL As Database FreeBSD can currently look back on a history of over 30 PostgreSQL, like BSD, originated at the University of years. It originated at the University of Berkeley and California and is also distributed under the BSD license. FreeBSD evolved over a few intermediate steps into the project It's one of the oldest and most advanced object-relational founded in 1993 called FreeBSD. The supported architec- database management systems (ORDBMS) in the realm tures are the following: i386, amd64, Alpha, Itanium, of free software and looks back on a development of over OpenGroupware.org SPARC, PPC (Mac) and others. 15 years. PostgreSQL is largely conforming to the The ideal solution for professional team FreeBSD has very good support for multiprocessor sys- SQL92/SQL99 standards, that means that all functions in tems (SMP) and is distributed under the BSD license the standards are available and behave as defined; that is communication on the Internet, with which grants the user nearly every freedom and is free of not always the case with some commercial and non-com- FreeBSD and PostgreSQL cost. Apart from having to name the origins of the code, mercial SQL database systems. the user may use it in any which way he or she pleases. What is a groupware solution? FreeBSD is a gift to humanity, we are pleased when you use it! Groupware (also collaborative software) is the name for all software which supports collaboration in a group over FreeBSD has not only got many features, it also has a distance in time an space.
[Show full text]
Konferenzprogramm: Mittwoch, 09.06.2010
Konferenzprogramm: Mittwoch, 09.06.2010 London (UG) Berlin I (OG) Berlin II (OG) Europa I (OG) Europa II (OG) 10:00 Ruth Heidingsfelder (it- Nils Magnus (LinuxTag e. V.): Oliver Böhm (agentes AG): Caroline Helbing (OXID novum GmbH) und Steffen Eröffnung Java unter Linux - es war eSales AG): eCommerce in Rieger (it-novum GmbH): The Big einmal ... der Cloud: Open Source und SaaS Picture: IT-Infrastruktur- und - ein Traumpaar? Datacentermanagement mit Open Source 10:30 Sven Grounsell (Blubbsoft Jürgen Renfer (Behörde): IT- Torsten Werner (tarent Robert Douglass (Acquia): GmbH): "Ihr macht ja alles Management mit der GLPI- GmbH): Der Java-Albtraum Building Scalable, High kaputt!" - Der Weg eines KMU von Suite Performance Drupal Sites in the Windows zu Linux Cloud 11:00 Bernd Erk (NETWAYS GmbH): Andreas Hankel (IT Jutta Kreyss (IBM Dalibor Topic (Sun Arnd Böken (Graf von Open Source Data Produktion): Deutschland Entwicklung Microsystems GmbH): JDK 7 Westphalen Rechtsanwälte): Warehouse für das IT ImmobilienScout24.de: über 4 GmbH): Linux Arbeitsplätze & OpenJDK Update Cloud-Computing und Management Millionen Besucher pro Monat mit erfolgreich einführen! Usability Auftragsdatenverarbeitung Open Source Software und Diversity im Fokus 11:30 Henning Westerholt Erwin Tenhumberg (SAP AG): Florian Schießl Karsten Gerloff (Free (Kamailio project ): Integrating SAP Applications (Landeshautpstadt Software Foundation Geographical redundant VoIP with Open Source München, Projekt LiMux): Europe) und Torsten Grote (Free systems with Kamailio OpenOffice.org
[Show full text]
Linux at 1&1
Linux at 1&1 Linux Tag Berlin 11.05.2011 Verena Amann, Henning Westerholt ® 1&1 Internet AG 2010 1 Agenda 1&1 – Member of United Internet Locations and Infrastructure Linux at 1&1 Working at 1&1 ® 1&1 Internet AG 2010 2 1&1 – Member of United Internet AG Indirect SEDO Holding AG Direct holdings 100 % 78.80 % holdings via EFF freenet 4.98 % Versatel 26.12 % 53 Goldbach 14.99 % holdings Hi-media 10.65 % in fun 49.00 % young Virtual Minds 48.65 % Internet companies ProfitBricks 30.02 % ® 1&1 Internet AG 2010 3 1&1: Services Business of United Internet AG Access Applications Motivated Team more than 4,500 employees, of which 1,100 in Networks Content product management, development and data centres Sales Strength 2 million new contracts p.a. 40,000 registrations for free services every day User Standard Operational Excellence Equipment Software 37 million accounts in 9 countries 5 data centres 70,000 servers in Europe and USA ® 1&1 Internet AG 2010 4 Agenda 1&1 – Member of United Internet Locations and Infrastructure Linux at 1&1 Working at 1&1 ® 1&1 Internet AG 2010 5 1&1 Locations ® 1&1 Internet AG 2010 6 5 high-performance data centers on 2 continents Statistics 70,000 server 9.76 million customer contracts 28 million free accounts Hosting of 11 million domains more than 5 billion E-Mail/month 9,000 terabyte/month data transfer Almost 100% reliability for data centers Redundant infrastructure on several levels Maintained 24/7 from experienced specialists Own metro-networks on our locations More than 200Gbit/s
[Show full text]
Open Source and the Age of Enforcement Heather J
Hastings Science and Technology Law Journal Volume 4 Article 5 Number 2 Summer 2012 1-1-2012 Open Source and the Age of Enforcement Heather J. Meeker Follow this and additional works at: https://repository.uchastings.edu/ hastings_science_technology_law_journal Part of the Science and Technology Law Commons Recommended Citation Heather J. Meeker, Open Source and the Age of Enforcement, 4 Hastings Sci. & Tech. L.J. 267 (2012). Available at: https://repository.uchastings.edu/hastings_science_technology_law_journal/vol4/iss2/5 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Science and Technology Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Open Source and the Age of Enforcement by HEATHER J. MEEKER* I. Introduction It is fitting that we are moving into the teens of the twenty-first century, because open source software licensing has hit its heady and unpredictable adolescence.' The last five years have seen the first serious enforcement efforts by licensors of open source software, so we are truly at the dawning of the age of enforcement. But open source claims are not like other claims. Understanding the distinctions between open source software claims and other intellectual property claims is key to reacting to open source claims gracefully, effectively, and with a minimum of embarrassment and cost. A survey of where we stand today demonstrates how this area has developed. We will be soon nearing the point where catalogs of open source claims in articles like this one will no longer be sensible or useful, but for now, seeing where we have been neatly explains where we are.
[Show full text]
Open Source Software License Information
Open Source Software license information This document contains an open source software license information for the product VACUU·SELECT. The product VACUU·SELECT contains open source components which are licensed under the applicable open source licenses. The applicable open source licenses are listed below. The open source software licenses are granted by the respective right holders directly. The open source licenses prevail all other license information with regard to the respective open source software components contained in the product. Modifications of our programs which are linked to LGPL libraries are permitted for the customer's own use and reverse engineering for debugging such modifications. However, forwarding the information acquired during reverse engineering or debugging to third parties is prohibited. Furthermore, it is prohibited to distribute modified versions of our programs. In any case, the warranty for the product VACUU·SELECT will expire, as long as the customer cannot prove that the defect would also occur without these modification. WARRANTY DISCLAIMER THE OPEN SOURCE SOFTWARE IN THIS PRODUCT IS DISTRIBUTED IN THE HOPE THAT IT WILL BE USEFUL, BUT WITHOUT ANY WARRANTY, WITHOUT EVEN THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. See the applicable licenses for more details. Written offer This product VACUU·SELECT contains software components that are licensed by the holder of the rights as free software, or Open Source software, under GNU General Public License, Versions 2 and 3, or GNU Lesser General Public License, Versions 2.1, or GNU Library General Public License, Version 2, respectively. The source code for these software components can be obtained from us on a data carrier (e.g.
[Show full text]
TECHNOLOGY; Software Company's Battle Over Unix Produces Profit
https://www.nytimes.com/2003/05/29/business/technology-software- company-s-battle-over-unix-produces-proﬁt.html TECHNOLOGY TECHNOLOGY; Software Company's Battle Over Unix Produces Proﬁt By Steve Lohr May 29, 2003 A recent campaign of litigation and warnings by a Utah software marketer against companies that use Linux has helped make the company profitable for the first time ever, it said yesterday. Less than three months ago, the company, the SCO Group, started what has become an escalating skirmish in the software industry by asserting that its rights to the Unix operating system were being widely violated by computer companies that back Linux, and perhaps by the thousands of companies that use Linux. The latest volleys came yesterday. Novell, which sold the Unix business to SCO in 1995, contended that it had not passed on the intellectual property rights to the system in the sale to SCO, a contention SCO disputes. And a German software group, Linuxtag, threatened to sue SCO unless it stopped its anti-Linux campaign. Linux, which is distributed free, is a close relative of Unix, which was originally developed at AT&T Bell Labs in the late 1960's. But the commercial rights to Unix, after a series of transactions, are now held by SCO, which has licensed that underlying technology to other companies, including I.B.M., Sun Microsystems and Hewlett-Packard, to develop their own flavors of Unix. There was good news yesterday for SCO, as well. The company reported a quarterly profit of $4.5 million on revenue of $21.4 million.
[Show full text]