Talk:Florian Mueller on software patents

Characterising Florian

I read bits of his blog and I find his writings useful for my research, but I disagree with a very large portion of his conclusions. I find them very, very overly pessimistic. He reports almost every detail as being a victory for the patent holder. Ciaran (talk) 10:48, 20 January 2014 (EST)

To justify me saying this, I'll note here a few examples of how I think he's "overly pessimistic to the point of being misleading":

• it's clear that [Red Hat] lost in the Supreme Court. They asked for "affirmance" of the prior instance's (CAFC) decision. Instead, the SCOTUS overthrew the CAFC approach and took a more expansive line. - First, the Bilski wasn't about Red Hat; second, most people on both sides claimed their request was a form of "affirmance"; and third, the final ruling wasn't even a loss (it changed almost nothing, but benefited our cause because it lead to CLS Bank v. Alice coming before the Supreme Court in 2014).
• Nokia v. HTC, for infringement by the VP8 video format. Florian headline: German court has apparently found Google's VP8 video codec to infringe a Nokia patent, but it seems the Judge actually just agreed to let the case be heard. When the case was heard, the judge ruled there was no infringement.
  • I'm searching and searching his blog to find his comments on the judge ruling against Nokia's patent, but I can't find anything. It seems Florian only shouts about rulings where patent owners win.