"Where there is no vision, the people perish: but he that keepeth the law, happy is he."
-- Proverbs 29:18, King James Bible (KJV)

Thursday, October 15, 2020

Patent Trolls Force Removal of Export Function from WhatsApp in Germany : A Case in Point About the Foolish Granting of Patents for What Should be Non-Patentable Items

We were going to give ZappTales a try via an export of a WhatsApp chat (the exchange of postings between two parties over a period of time, which can run to months and years) -- for purposes of printing a book containing the postings of that chat.

After all, it is OUR chat, and WE decide what we do with it
-- and not some third party. We are quite definite about that.

Imagine our surprise then to discover that the WhatsApp "export" function has been removed from WhatsApp in Germany because of a decision by a German patent court in favor of patent trolls who hold some kind of mistakenly granted patents on the elementary "moving" of digital data....

... which prompts us to ask: since when is the moving of digital data from one digital location to another a patentable act?

Moving many bits and bytes around is like taking a printed book from one shelf and putting it on another. Where is the patentable, creative act? We see none.

It is astounding how far prevailing laws and court decisions have departed from common sense, especially in the pro-patent-troll German courts.

Where a normal human being sees no creative patentable act being performed, the people who make a living from the software patent industry -- including the legal side -- see the possibility of dozens or even hundreds of software patents.

For details, we refer to Florian Müller at FOSS Patents in

and

We saw already some time ago that the entire legal field relating to intellectual property rights -- and patents especially -- is a frequent source of considerable aggravation -- it is anathema to the human soul -- so we have stopped posting about patent trolls and NPEs. However, when patent trolling is prohibiting our printing of our own materials, then we have no choice but to post SOMETHING.

We thus point to Müller's important postings as linked above, as also the many other postings that he has on the patent trolling industry and software patents.

We emphasize that the main reason for the existence of patent trolling is the failure of many lawmakers, patent-granting offices, and judges "to get it right".

To "patent trolling" we can now also add "copyright trolling" -- indeed,  on a grand scale ($8 BILLION DOLLARS), as we can see in the case of Google vs. Oracle, as discussed in our previous postings:

and

It is increasingly so in our world that everyone wants to live off of the fruits of the work of others, rather than doing any sensible work themselves. That is a long-term strategy for humanity that is fraught with difficulty.

Moreover, we must all actively keep from supporting policies that reward failure.

Oracle's JAVA failed in many respects on the smartphone market and also on other platforms -- we today still get very angry about the sheer laziness visible in the design of outdated notifications we get from Oracle about JAVA installations -- so that Oracle now wants to get a gigantic windfall from Android's success. That kind of thing should not be encouraged by foolish laws and blind court decisions. We must reward the successful, not those who fail.

Indeed, the legal system should police patent entities whose patent trolling is leading to the abuse of individual freedoms -- such as prohibiting the printing of privately owned data.

It is time to greatly limit the rights of NPEs, who contribute nothing to the world, but simply exploit glaring faults in the legal system.