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(Suing free software project Hercules: In April 2010, IBM sent a letter to TurboHercules with a "non-exhaustive" list of patents which a project such as TurboHercules's project would infringe. S)
(Lobbying ''against'' software patents in 1972== Timothy B. Lee points out that IBM's amicus brief to the US Supreme Court for the Gottschalk v. Benson case argued that softwa)
 
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{{navbox}}'''IBM''' is one of the biggest lobbyist ''for'' [[software patents]] (along with [[Microsoft]]), as can be seen in their amicus brief for the [[Briefs submitted to EPO EBA G3-08|EPO's software patent consultation]] in April 2009.
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'''IBM''' is one of the biggest lobbyists ''for'' [[software patents]] (along with [[Microsoft]]).
  
IBM is however against [[business method patents]] (such as the patent at the heard of the [[in re Bilski]] case in the [[USA]]).<ref>http://business.newsfactor.com/news/-Business-Method--Patents-Reviewed/story.xhtml?story_id=003000773V1X</ref>
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==Lobbying for software patents==
  
For information about IBM's 2008 amicus brief to the Supreme Court of the [[USA]] regarding [[Bilski]], see [[Fake representatives of free software#IBM]].
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The following are examples of IBM's pro-software-patent lobbying during [[consultations from patent offices, governments, and courts]].
  
==Selection of patents held==
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IBM is however against [[business method patents]].<ref>http://business.newsfactor.com/news/-Business-Method--Patents-Reviewed/story.xhtml?story_id=003000773V1X</ref>
* [http://appft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220090132950%22.PGNR.&OS=DN/20090132950&RS=DN/20090132950 Real-Time Validation of Text Input Fields Using Regular Expression Evaluation During Text Entry], [http://yro.slashdot.org/story/09/05/26/159249/IBM-Wants-Patent-For-Regex-SSN-Validation Slashdot story, 2009]
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===[[EU software patents directive]]===
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IBM were constantly in the [[European Parliament]] lobbying for software patents. {{help|Need to develop this and add refs; shouldn't be hard}}
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===[[in re Bilski|Bilski at the CAFC]], 2008, USA===
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In the 2008 [[in re Bilski]] case, IBM submitted a pro-swpat brief.[http://www.patentlyo.com/patent/bilski.ibm.pdf]
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===EPO consultation, 2009, [[Europe]]===
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For [[EPO EBoA referral G3-08]], see their amicus brief for the [[Briefs submitted to EPO EBA G3-08|EPO's software patent consultation]] in April 2009.
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===[[Bilski v. Kappos (2010, USA)|Bilski at the Supreme Court]], 2009, USA===
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Not only did they submit an amicus brief calling for patents on software, but they also lied and said that software patents benefit [[free software]]. See [[Fake representatives of free software#IBM]].
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==Lobbying ''against'' software patents in 1972==
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[[Timothy B. Lee]] points out that IBM's amicus brief to the [[US Supreme Court]] for the [[Gottschalk v. Benson ruling by US Supreme Court on 20 November 1972|Gottschalk v. Benson]] case argued that software patents would "''have the inevitable effect [of] stifling developments in computer programming''".<ref>http://www.washingtonpost.com/blogs/the-switch/wp/2014/02/26/will-the-supreme-court-save-us-from-software-patents/</ref>
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{{also|Changes in company policy over time}}
  
 
==Patent pledges==
 
==Patent pledges==
 
* August 2004: [http://www.groklaw.net/article.php?story=20040804221510383 IBM pledges not to use its patents against the kernel Linux]
 
* August 2004: [http://www.groklaw.net/article.php?story=20040804221510383 IBM pledges not to use its patents against the kernel Linux]
 
* January 2005: [http://www.ibm.com/ibm/licensing/patents/pledgedpatents.pdf Pledge of 500 patents to free software community]
 
* January 2005: [http://www.ibm.com/ibm/licensing/patents/pledgedpatents.pdf Pledge of 500 patents to free software community]
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IBM's pledge has been received positively by the [[free software]] community, with [[Richard Stallman]] saying "''These are but a fraction of IBM's software patents, but still it was a substantial step''".<ref>{{cite web|url=http://www.linux.com/archive/feed/45271|title=Nokia's patent announcement next to nothing|quote=Last year IBM took a significant step forward in cooperation with the free software community, by offering blanket licenses for 500 of its patents to all free software developers. These are but a fraction of IBM's software patents, but still it was a substantial step.}}</ref>  It was however noted that the timing of this gesture seems to be part of a PR stunt to appease the free software community during the massive campaigning against the [[EU software patents directive]].<ref>{{cite web|url=http://www.zdnet.co.uk/news/regulation/2005/01/11/ibm-accused-of-hypocrisy-over-patent-collaboration-39183607/|title=IBM accused of hypocrisy over patent collaboration|quote="IBM is just being hypocritical because they want to appease the open source community and make themselves popular," said [[Florian Mueller|Mueller]].  "In Europe, IBM is a driving force behind the extension of the scope of patentability with respect to software.}}</ref>
  
 
==TurboHercules, 2010==
 
==TurboHercules, 2010==
  
In April 2010, IBM sent a letter to TurboHercules with a "non-exhaustive" list of patents which a project such as TurboHercules's project would infringe.  Some took this as an act of aggression against a [[free software]] project, but on the other hand, IBM did not file suit and the letter did not say that TurboHercules ''does'' infringe those patents.
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:''(See: [[IBM and TurboHercules, 2010]])''
  
* [http://fosspatents.blogspot.com/2010/04/ibm-breaks-taboo-and-betrays-its.html IBM breaks the taboo and betrays its promise to the FOSS community], by [[Florian Mueller‎]]
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In April 2010, IBM sent a seemingly threatening list of patents to the [[free software]] project TurboHercules. However, there was no explicit threat, and no suits were filed. This raised the question of whether IBM broke its 2005 [[patent promise]].
* [http://www.computerworlduk.com/community/blogs/index.cfm?entryid=2891 Glyn Moody's article on the topic]
 
* [http://www.zoobab.com/ibm-turbohercules-patent-threat-letter IBM's letter, listing patents]
 
  
==Bilski submissions==
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==Selection of patents held==
In the 2008 [[Bilski]] case, IBM submitted a pro-swpat brief.[http://www.patentlyo.com/patent/bilski.ibm.pdf]
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* [http://appft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220090132950%22.PGNR.&OS=DN/20090132950&RS=DN/20090132950 Real-Time Validation of Text Input Fields Using Regular Expression Evaluation During Text Entry], [http://yro.slashdot.org/story/09/05/26/159249/IBM-Wants-Patent-For-Regex-SSN-Validation Slashdot story, 2009]
  
 
==Key people==
 
==Key people==
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* [http://eupat.ffii.org/akteure/teufel/index.en.html Fritz Teufel], patent department head of IBM in Germany and Europe
 
* [http://eupat.ffii.org/akteure/teufel/index.en.html Fritz Teufel], patent department head of IBM in Germany and Europe
  
 
==Related pages on {{SITENAME}}==
 
==Related pages on {{SITENAME}}==
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* [[Open Invention Network]] - of which IBM is a member
 
* [[Open Invention Network]] - of which IBM is a member
 
* [[Fake representatives of free software#IBM]]
 
* [[Fake representatives of free software#IBM]]
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* [[Changes in company policy over time]]
  
 
==External links==
 
==External links==
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* [http://eupat.ffii.org/players/ibm/ FFII: IBM and Software Patents]
 
* [http://eupat.ffii.org/players/ibm/ FFII: IBM and Software Patents]
 
* [http://eupat.ffii.org/papri/whitehouse98/index.en.html IBM pressures Whitehouse, study cancelled]
 
* [http://eupat.ffii.org/papri/whitehouse98/index.en.html IBM pressures Whitehouse, study cancelled]
  
 
==References==
 
==References==
<references />
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{{reflist}}
  
  
{{page footer}}
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{{footer}}
[[Category:Organisations]]
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[[Category: Organisations]]

Latest revision as of 01:06, 17 March 2014

IBM is one of the biggest lobbyists for software patents (along with Microsoft).

Lobbying for software patents

The following are examples of IBM's pro-software-patent lobbying during consultations from patent offices, governments, and courts.

IBM is however against business method patents.[1]

EU software patents directive

IBM were constantly in the European Parliament lobbying for software patents. Can you help? Need to develop this and add refs; shouldn't be hard


Bilski at the CAFC, 2008, USA

In the 2008 in re Bilski case, IBM submitted a pro-swpat brief.[1]

EPO consultation, 2009, Europe

For EPO EBoA referral G3-08, see their amicus brief for the EPO's software patent consultation in April 2009.

Bilski at the Supreme Court, 2009, USA

Not only did they submit an amicus brief calling for patents on software, but they also lied and said that software patents benefit free software. See Fake representatives of free software#IBM.

Lobbying against software patents in 1972

Timothy B. Lee points out that IBM's amicus brief to the US Supreme Court for the Gottschalk v. Benson case argued that software patents would "have the inevitable effect [of] stifling developments in computer programming".[2]

See also: Changes in company policy over time

Patent pledges

IBM's pledge has been received positively by the free software community, with Richard Stallman saying "These are but a fraction of IBM's software patents, but still it was a substantial step".[3] It was however noted that the timing of this gesture seems to be part of a PR stunt to appease the free software community during the massive campaigning against the EU software patents directive.[4]

TurboHercules, 2010

(See: IBM and TurboHercules, 2010)

In April 2010, IBM sent a seemingly threatening list of patents to the free software project TurboHercules. However, there was no explicit threat, and no suits were filed. This raised the question of whether IBM broke its 2005 patent promise.

Selection of patents held

Key people

  • Fritz Teufel, patent department head of IBM in Germany and Europe

Related pages on ESP Wiki

External links

References

  1. http://business.newsfactor.com/news/-Business-Method--Patents-Reviewed/story.xhtml?story_id=003000773V1X
  2. http://www.washingtonpost.com/blogs/the-switch/wp/2014/02/26/will-the-supreme-court-save-us-from-software-patents/
  3. "Nokia's patent announcement next to nothing". http://www.linux.com/archive/feed/45271. "Last year IBM took a significant step forward in cooperation with the free software community, by offering blanket licenses for 500 of its patents to all free software developers. These are but a fraction of IBM's software patents, but still it was a substantial step." 
  4. "IBM accused of hypocrisy over patent collaboration". http://www.zdnet.co.uk/news/regulation/2005/01/11/ibm-accused-of-hypocrisy-over-patent-collaboration-39183607/. ""IBM is just being hypocritical because they want to appease the open source community and make themselves popular," said Mueller. "In Europe, IBM is a driving force behind the extension of the scope of patentability with respect to software."