White House Responds To Software Patents Petition
New submitter obliv!on writes "As previously discussed, the White House has started to reply to petitions on their 'We the People' website. They've now replied to the petition asking for an end to software patents. The response mentions the America Invents Act and encourages the use of the USPTO's open implementation website. Quoting: 'There's a lot we can do through the new law to improve patent quality and to ensure that only true inventions are given patent protection. But it's important to note that the executive branch doesn't set the boundaries of what is patentable all by itself. Congress has set forth broad categories of inventions that are eligible for patent protection. The courts, including the U.S. Supreme Court, have interpreted the statute to include some software-related inventions.' The response goes on to denote some open source and open data initiatives in government. It's nice to hear that the administration understands 'concerns that overly broad patents on software-based inventions may stifle the very innovative and creative open source software development community.' However, the overall response redirects action to the petitioners through participating in the open implementation site and contacting Congress, instead of a promise to prepare additional legislative measures for Congress to consider on behalf of the petitioners."
That's the most politely-worded and voluminous "Fuck you, you're on your own" I've ever read.
SJW: Someone who has run out of real oppression, and has to fake it.
Anyone else hear a loud sucking noise?
An enigma, wrapped in a riddle, shrouded in bacon and cheese
My prediction is that every "petition" will be responded to with "We hear you, but this is why its really okay as it is; you really don't want what you think you want"
That's up to Congress, not the Executive Branch.
"He'll be our President because we put him there"... I think maybe Democracy is broken. If regardless of who you vote for the result is the same you are living in a Dictatorship. It's not just patents either - Gitmo, Iraq, Patriot Act, Health Care, seems that even when the Republicans aren't in office they are. No wonder the focus has been on security - they are gonna need it when the people find out they have been duped by the DemoRepublican Party for so long.
This whole move to respond to people's questions from the Executive Branch is very clearly a tactic to redirect voter ire to the Legislative Branch, where laws are made and passed. I would expect most of the replies to include some portion urging voters to contact their legislators. Recent administrations have left the American public under the impression that the executive branch can act unilaterally as long as you have Darth Vader as a vice president.
That's not the way this country is supposed to run. Things like this with the Executive communicating with voters directly are great, don't stop that, but call your goddamned lawmaker, too.
I like candidate Obama a LOT more than President Obama. Oh well, at least he'll be campaigning for the year now.
It's called the "bully pulpit". The President drives the discussion by TALKING ABOUT IT. What the President says gets media coverage. Particularly if it's about jobs and the economy and innovation now.
By the way, didn't you guys introduce a jobs bill of some kind? So there is a means for you to get legislation started.
https://secure.wikimedia.org/wikipedia/en/wiki/American_Jobs_Act
"Hey man, we're just doin' our job. Now get off our lawn."
So they are just blowing smoke up our asses AGAIN.
Software patents are a government program for creating "fairness" among software developers and companies. Government creating "fairness" is one of those things right up there with sex offender laws that no "right-thinking person" in politics dares to question.
Obama was never going to support something which would be called a scheme to let big interests loot "the little guy." That's how most people see this stuff. They don't get caught up in facts like a little company getting nuked out of the water by a big one using blatantly bad patents. Fair is fair and it's not fair that someone gets rich by taking someone else's ideas and succeeding with them.
'concerns that overly broad patents on software-based inventions may stifle the very innovative and creative open source software development community.'
Let me translate: I know you dirty hippies believe in utopia, and you've done some interesting things, but you are not being realistic. The real producers are Microsoft and Amazon.
Here's the thing though, knucklehead: Microsoft, Amazon, Oracle, Apple, IBM, and eBay -- not one of those companies could make it out of the garage today. It's not just the dirty hippies you are harming, it is entrepreneurs -- the guys building a better mousetrap -- the icons that "America Invents" is pretending to recognize. It is the kinds of people who turned America into a superpower in the 50's and 60's. The engines of tomorrow's economic superiority. That is who patents are harming -- and their blood is running over the alter of a few extra private jets today, for an ever smaller sliver of people who did something great twenty years ago, and have been kicking everyone else off the hill ever since.
Stop-Prism.org: Opt Out of Surveillance
This is great, thanks Mr.President for this amazing simplification of the political process. In the past I would have had figure out who my Senator is and write to his office to get a condescending BS laden response, on why its so important we preserve the status quo.
Now all I have to do is post on one easy to remember website and if enough people also want to hear why a certain campaign donator needs to have their economic rent protected the White House will kindly oblige.
Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
Corporations benefit greatly from the twin forms of Corporate welfare that are patents and government research.
I believe all knowledge gained from government research should go into something similar to an open source license. So that all technology based on government research should be free, open, and unpatentable.
Democracy Now! - your daily, uncensored, corporate-free
If it is true that all computer programs can be represented as a string of 0s and 1s, it means all computer programs can be counted to. Now, if all computer programs can be counted to, then computer programs are discoveries and not inventions. If computer programs are not inventions, then computer programs are not patentable.
And you expected what else from this administration? I mean, really?
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
The responses to these petitions have been so uniformly transparent constituent fluffing through sophistry that there's already a meta-petition:
Actually Take These Petitions Seriously Instead of Just Using Them As An Excuse to Pretend You Are Listening Petition.
Once this one gets answered, the web content filters will be remiss in not filtering the site as entertainment, or masturbatory porn.
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
November 1, 2011
Mr. Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Dear Mr. Obama:
If you are represented by legal counsel, please direct this letter to your attorney immediately and have your attorney notify us of such representation.
We are writing to notify you that your unlawful use of a process to respond to software patent petitions infringes upon our client’s exclusive patent(s). Accordingly, you are hereby directed to
CEASE AND DESIST ALL PATENT INFRINGEMENT.
That's up to Congress, not the Executive Branch.
I partially disagree. The White House has plenty of influence on the legislative process due to deal-making.
While I don't have a problem with people patenting an organism or process they have created, I have a massive problem with people being able to patent a gene or other aspect of the body that they merely discovered.
Oh yea. I did just sign that petition. Spitting into the wind... Thanks.
The our government is broken but no solution can garner enough support to make a difference.
So because the mean people are being mean, he's not going to do ANYTHING?
At least get the legislation STARTED.
Then name and shame anyone who tries to stop it.
He's the President of the USofA. He gets worldwide coverage of his speeches.
Then repeat the process.
There would be change if he was on TV every other week saying Senator X blocked the "tax incentive for working Christian Moms with poor babies who need milk" bill.
Part of politics is being able to frame your opposition as the "bad" guys. Obama doesn't want to do that because he's always looking for a way to compromise with people who are willing to let this country DEFAULT rather than give an inch.
I think part of the problem is that companies don't entirely want software patents to go away.
When I first started speaking with my Senator's office (Franken - D-MN) about software patents, I gave examples how software patents are a hindrance to American companies, how patent troll lawsuits use the US court system as their revenue stream.
The Senator's office said that they had met with several large US companies (Microsoft, Google, Apple, etc) and while the companies agree that software patents are a problem that need to be curbed, they also need them to "protect their business." I'm told Bill Gates said he's never worried about the next Google, he's worried about some kid in his garage creating the "next Big Thing". So these companies use software patents to sue or threaten the little start-ups before they can become a competitor.
I pointed out that Gates started as a kid in his basement, and Apple started as a couple of guys in a garage, and Amazon started as Bezos doing mail-order from his garage. All these big tech companies started that way. And if we block the next Amazon or the next Microsoft from happening, that's not going to help the US economy. The Senator's office had to agree it was a fair point.
I think if you reduced the term for software patents, you might have a workable solution. Certainly it would be better than what we have now, and I'm prepared to accept that as a next-step. In most cases today, anyway, it may take a few years for something to pop up on the radar, and a patent troll to realize that it's using something from their portfolio.
Translation: We can't be bothered by this issue that never hits the mass media news cycles.
I mean, he's been jacking us off for a few years now. He should be compensated.
This is a ridiculous response that basically says "we're not interested given that our donors like patents". That said the way you respond to a ridiculous response is by continuing to hound them until it becomes a major issue. Here is one I created to end all patents as I believe the system itself is corrupt and needs to be replaced by open competition.
http://wh.gov/bjZ
I encourage everyone to sign it or create your own and post them here. Slashdot has shown the ability to nuke major sites due to the size of it's audience/community...let's make it clear we feel strongly about the issue. At the very least maybe they will take down their fake petition site which is offensive due to the fact they don't pay any attention to it. =)
In which case he should be finding a way to CHANGE THE SITUATION.
Instead he's capitulating to the Republicans on every single issue that they disagree with.
He should be on TV every single night making his case for his changes directly to the people and naming those who oppose the improvements.
No he's not. He's out campaigning for re-election.
In which speech did he specifically identify an individual Senator who opposed his bill?
Compare his current behaviour to Bush-2's campaigning for just about anything that he got.
run by the Republicans? It's no wonder some say the Obama is the best Republican president in years.
Innovation isn't going stop.
It's just going to die in the USofA.
Worldwide, it will continue.
And they outnumber us.
The goal should be to keep it difficult for the big industries to sit back while someone else overtakes us ... while making it easy for our home-grown inventors to build the next generation of products.
Instead, we have a situation where the government is protecting the existing businesses at the expense of the next generation.
Exactly. He will only pass this is enough people get enough votes in Congress to make it politically unsupportable for him to veto it.
In which case, why even have an office of the President?
Where's the media blitz?
Where's the national discussion?
Where's the FAILED bill and the PUBLIC discussion of who killed it?
That's the most politely-worded and voluminous "Fuck you, you're on your own" I've ever read.
That seems an overstatement. Its more of a "No We Can't". Sigh.
Are there any guru's out there that follow this closely enough to give a rough estimate of the amount of money paid through the court system for violations of software patents? It would be nice to have some numbers to use in an argument :) Also, did anyone else notice how the Whitehouse petition site had multiples of the same petitions that were worded only slightly differently? Doesn't that water down the true number of petitioners? I have a feeling that there are more than 14k people that signed this petition...
--Tim
Something very hard to do but necessary if you want to build that lean muscle you deserve is a to have a good diet.This is one of the things that I lacked the most when I first started and I could Not understand why I was not getting ripped or hard.Learning How To Build Muscle Fast For Men was a challenge
The White House petition site is barely working. I'm in some limbo state there where the "sign petition" page wants me to log in, and clicking on the "log in" link gets a popup which offers me only the option of logging out. Clicking on the the "Sign Out" link comes back with "Gateway Timeout The proxy server did not receive a timely response from the upstream server. Reference #1.c8e8dfad.1320178618.b97d68 "
Looking at the page source, it uses Drupal. Badly. In the middle of the document, the page starts over, in the middle of the BODY section, with a new DOCTYPE element and a new HEAD section. The W3C validator finds 41 errors.
Lame.
Your voice in our government
Sorry, I was mistaken into thinking (in an ideal world) the people were the government. My mistake. It's your government.
... as being the litigious laughingstock of the rest of the world. The U.S. is lucky it's still rich enough, for now, that it can afford to let armies of bloodsucking lawyers and lobbyists sap innovation from key industries. How long can that be sustained? Free-market capitalist democracy - what a load of tripe.
As a practical matter, absent substantial political pressure from the electorate, the administration preparing legislation doesn't mean a whole lot. You get legislation that is prepared, and then dead-on-arrival in the Congress.
We don't have a monarchy. You aren't going to get a meaningful solution to problems that aren't specifically within the executive domain by petitioning the President alone. If you want changes in patent law (or anything else set in statute), you need to put pressure on Congress, first and foremost.
Also trying to get the White House on board probably doesn't hurt, but its not the main place you need to expend effort.
If Congress is interested in making deals. If the Congressional majority (even if its just in one of the two houses) is more interested in grandstanding by symbolic measures to appeal to the most extreme faction of their base rather than making deals to actually pass legislation, the White House's legislative influence is essentially non-existent.
Thanks for link.
Online petitions at White House? PR, making malcontent lists, safety valve (the illusion of participating, etc.), and even, possibly, useful feedback. Yet, nothing ventured, nothing gained, maybe.
I started learning in the late Sixties that the powers that be don't need to listen, but only need to pretend to do so.
No, they aren't.
They are a government program for creating an incentive to create inventions that end up contributing to the common good. It says so right in the Constitutional provision that authorizes them.
Creating "fairness" isn't a factor.
You are exactly right. Government supports monopolies. It prefers monopolies. It creates monopolies. Every single unelected office, every single regulation, every single bit of business and money that government gets into is about supporting, promoting, subsidizing and protecting/bailing out/stimulating monopolies.
Government loves monopolies. It gives out franchise licenses and other types of licenses and it puts its hands all over the market, distorting it, creating artificial scarcity and preventing competition.
The RICH are getting RICHER because GOVERNMENT PROTECTS THEM from the next big thing - something somebody makes on their own.
There is no way to compete ONLY when there is government standing with a gun to your head, and don't be mistaken - government power, all of it is about having a gun to your head.
You can't handle the truth.
There are people ranting about him not even being born in the USofA.
You CANNOT base policy on what the opposition will say about you.
Man up! Grow a pair of balls and FIGHT FOR WHAT YOU BELIEVE IN.
The White House can increase the threshold to receive a response at any time. The threshold on the 'Take these petitions seriously" petition is 25,000 signatures in the next 2 weeks. Other petitions which have NOT been taken seriously had much lower thresholds of 5,000 signatures. So.. a petition to not ignore the 5,000 signatures requires 25,000 signatures. Nice.
In a time when information doubles every 2 years or so, what is insightful one day rapidly becomes an obvious solution for anyone taking the time to research the problem. One-click checkout? Come on! That's the obvious way to make your e-commerce site easier to use. It makes no sense that whoever comes up first with an idea should have a monopoly on it for decades and collect money from everyone wanting to do something similar. Patents should be valid for one year maximum, and only if one can prove that developing the invention required a massive investment. That's plenty of time to make money before one should give back to the people, so everyone can benefit, find more economical ways to produce it, improve upon the idea, and so on. The argument that nobody will bother to invent/create if there were no patents is absurd. It's exactly the opposite. This is a system designed for big companies (mostly American) which want to stifle competition and make more money. Because of patents, millions of people in the third world die because they can't afford medicines which could save their lives. Enough with this nonsense.
Only a bit over 9000 votes right now. I think this petition needs to be on Slashdot's front page. I'm worried they'll just outright ignore it if it's even slightly under the 15000.
Course, if they suddenly get a ton of votes because it's on Slashdot's main page, I wonder if they'll maybe remove it outright and claim it was being spammed or auto-signed or some crap to boost the numbers.
To me, it sounds like they are just trying to take it slow on the patent issue rather than force it during an economically precarious time. Although I am definitely for the abolition of software patents, doing so immediately would definitely create some chaos that the White House wants to avoid this year. It seems like they are ramping up use of open source things internally -- maybe if someone sues the govt. for a patent violation they'll start paying more attention. to patent issues.
Because one thing our current president has shown himself to be great at is congressional horse-trading. I mean, I like the guy, but LBJ he ain't.
Why would it have to be "unlimited"? No one is asking him to colonize the universe.
Wouldn't the top priority things be the top priorities? Isn't that what makes the top priorities?
Nope. You weren't paying attention.
The problem is once the "people" had identified a priority, the response was along the lines of "yeah, so make it easy for Obama to approve it once you get it through Congress and we'll see what we can do".
Yeah, because answering questions means that you and your staff cannot be doing ANYTHING else at the same time. And the answering takes so long that it negatively impacts the other tasks WHICH YOU AREN'T DOING IN THE FIRST PLACE WHICH IS WHY YOUR APPROVAL RATING IS SO LOW.
Innovation means jobs. New jobs. Jobs to replace the lost jobs.
Software patents (and other overly broad patents) hurt innovation.
That means that they hurt jobs.
Yep, having laws automatically expire would (in my opinion) be a good thing.
And I'm a raving Liberal.
On a related note, how about having the various Congress Critters identify ONE law that they would fight to immediately revoke once elected. Per year. And no duplicates! Everyone cannot choose health care reform as what they'd revoke.
We have 200+ years of laws on the books. Let's get some of them cleaned off. And let's use that to process to learn more about the candidates.
There is a fairly high bar to get a reply. It would be nice if the President responded to them himself. Take some direct accountability for a response about an issue obviously a lot of people care about.
Ron Paul can do better: He can get you a gallon of gas for a dime today!
Just a bunch of hot air and bullshit to keep those whom are lining the pockets happy
I the government would have it no other way, where the fuck is my pitchfork?
Back when I proposed that OWS topple statues of Ronald Reagan, I wasn't actually sure if any had been established.
But now, we have the object for our contempt: Nine foot statues of the Patron Saint of Corporate Fascism.
Read this closely, and I think we can discover from where Cain derived his '9, 9, 9".
If you crack the head open, is there a miniature, bronze GHW Bush, spinning knobs and pulling puppet-levers?
I AM OZYMANDIAS! KING of MOTHERFUCKING KINGS! LOOK UPON MY WORKS, OH YE MIGHTY MOTHERFUCKERS, AND DESPAIR!
"Flyin' in just a sweet place,
Never been known to fail..."
The discussion was about the petitions on the government's web site. If a petition gets enough support, that means it should be a priority.
The question is, why are they not dealing with the subjects that the people have identified as priorities to many of them?
Again, the petition site. Did you miss it? It's in the summary.
So now you're claiming that just answering questions takes magic?
No, answering questions does not take magic.
No. YOUR EXCUSE for why it wouldn't be addressed is cowardly.
Here's what you ORIGINALLY posted:
Fuck that! Who cares if the mean people say mean things about him? Most of us got over that in grade school.
If he doesn't fight for what he believes in then he is a coward.
If he doesn't fight because the mean people are mean, then he is a coward.
And it doesn't involve magic.
Here is a link to my petition to the administration to penalize the USPTO for issuing bad patents:
http://wh.gov/bDh
The following link is my petition against software patents from years ago...
http://www.petitiononline.com/pasp01/petition.html
GC
48 Republicans can't even agree to raise the debt ceiling with out dragging their feet. As much as I do think this administration has been meek, the political calculus is in extremely weird places. Common wisdom wasn't even that wise to begin with but even that's gone out the window.
Non impediti ratione cogitationus.
From the petition:
The patent office's original interpretation of software as language and therefor patentable is much closer to reality and more productive for innovation than it's current practice of issuing software patents with no understanding of the patents being issued.
What in the fuck is that mess?
As far as I can tell, the petition starts by asserting that software-as-a-language should be patentable. It asserts that this view was the Patent Office's original interpretation (which is false), and then it says that this view is "closer to reality". Whaaaa? It contains misspellings and grammar errors like "therefor" and "it's".
This petition is nearly nonsensical. What little sense I can get out of it conveys the exact opposite of its title. This petition is a complete joke and a pathetic embarrassment.
Except this wasn't what the petition was about. The petition asked the White House to direct the USPTO to stop issuing software patents. Such an act would shortly thereafter be referred to the courts, where it would likely be reversed.
Lol, is that like the meta-dance to make rain dances finally work?
Or the prayer to god that he should finally listen to your prayers?
What about a computer analogy? So it is it like when your TCP ping to a unconnected IP address doesn't come back, you try to send it a ICMP echo request?
Wail, wait, is it like on your last days in the deathbed, when all the homeopathy didn't work, you order the most ultrapure water ever made to save yourself?
How about a car analogy? Maybe it really is like when you sit in a car wreck from the junk yard without a motor, and turning the key doesn't work, you try to jump-start it? ^^
EPIC FAIL!
Only a bit over 9000 votes right now.
Hey, cool, it was about 7400 yesterday and about 7800 just before I posted it to Slashdot. What a cool machine.
I think this petition needs to be on Slashdot's front page
By all means go for it. I don't have much luck getting anything through that's overtly critical of the government. Like the story they rejected about Redbox's fee increases being stated by Redbox as being caused by Durbin Amendment.
But hey, if I wanted fame I'd just post stuff about Google investing in graphene.
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
So true.
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
As someone who is in the financial sector I can tell you flat out that some of the major money managers out there are fielding LIVE conference calls where advisors/brokers are getting VERY worried at them about the current state of things.
When you ask about what's coming, they give a bullshit answer, when you press them (a couple have cracked a little bit on these calls) they are thinking the same things we are: This country is FUCKED economically for the next 5-10 years, and that's if we get our shit together last month, not in 2013.
These guys are trying desperately to find some way of safeguarding money in the market (i know, i know, taboo words), but this is for money that belongs to your grandma, your neighbor, you and I. This isn't some hedge fund crazy, this is everyday bucks from everyday people, and top to bottom people are VERY worried.
Something WILL give. I have no idea what, but even the big guys are starting to feel like shit could get quite real in the next couple years.
-
...but thank you very much for trying, anyway.
Yours,
your Government.
U.S. Research modeled those reactors, finding that they would melt down something like 16 hours after a coolant failure. In Japan, they lied about the extent of the accident, and needlessly endangering people's lives.
Up front, it was evident that the explosions were from fuel cladding degradation and radiolysis from fuel damage, and they lied. What is it about nuclear power that makes people lie so readily?
I still suspect that the nitrogen injection was not to prevent an explosion, as I find it dubious that nitrogen would prevent an explosion whereas the radiolsys would also supply oxygen as well as fuel for the explosion, but in reality, the nitrogen was to help put out the many nuclear fuel fires they had, just like the Windscale fire.
https://www.youtube.com/c/BrendaEM
Some people may say America no longer invents, just consumes. Phoooey, I say. Lawyers are the most inventive people around, closely followed by accountants.
I don't understand all the disillusionment here: the Obama administration didn't actually have to respond to the software patent petition. But they did, and clearly put some work into the response too. This is a good thing, not a bad thing.
"The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." Thomas Jefferson.
https://wwws.whitehouse.gov/petition-tool/petition/actually-take-these-petitions-seriously-instead-just-using-them-excuse-pretend-you-are-listening/grQ9mNkN
Updated link.
Just another avenue for them to try and convince you of their position, while seeming like they give a shit.
I know that some patents last 20 years and other around 14 years. Either one is too long when it comes to software. Maybe the answer is to limit the length of how long a company can have a software patent, which would help both sides out.
You know they are going to give the same old bullshit even for this one, right? Still worth doing, I guess, it might make more people realise just how little they care for the views of the public.
The steps for these petitions are "1) Create a petition; 2) Collect signatures; 3) Receive response from administration". We've always been able to write a letter to our elected officials. I mean, you can already "1) Write a letter to an elected official; 2) Mail it; 3) Receive response from official". The answers this "We The People" petition site are generating aren't really any different from the form letters you can get out of any elected official with just one letter.
It's probably true that the executive branch wouldn't have that much jurisdiction over he software patent issue. Not only that, but I'd guess the White House wouldn't have much political will to fight or the issue, particularly since it just helped muscle the new patent reform bill through Congress. Unfortunately, the legislature is so easily influenced by lobbyists and special interests that I'm not sure it's too likely to side with software developers on this issue. Maybe developers need to start their own lobbying campaign?