[Discussioni] [bh a udev.org: FFII and EPO announce "Binaries-As-Prior-Art"]

[Francesco Potorti`]

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Date: Wed, 01 Apr 2009 12:37:30 +0200
From: Benjamin Henrion <bh a udev.org>
Subject: FFII and EPO announce "Binaries-As-Prior-Art"
To: it-parl a ffii.org

PRESS RELEASE -- [ Europe / Economy / Innovation ]

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             FFII and EPO announce "Binaries-As-Prior-Art"
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Brussels & Munich, 1st April 2009 -- After years of confidential work,
the European Patent Office (EPO) and the Foundation for a Free
Information Infrastructure (FFII) today announce a radical way to
improve software patent quality: Binaries-As-Prior-Art, or BAPA. BAPA
combines a database of billions of compiled computer programs
("binaries") with a powerful Cloud search engine that can find any
invention in microseconds.

EPO President Alison Brimelow explains how BAPA will raise patent
quality: "rather than searching hand-written prior art, examiners can
now search fast because we licensed Amazon's One-click technology. You
upload the patent application and BAPA shows whether or not an invention
is new."

FFII Chief Engineer B.U. Scotty explains how it works: "we use a
Just-In-Time Lisp expression parser that maps the binary object code
into reverse polish notation. Using a Beowulf cluster of Babelfish we
instantly machine translate the Polish into English, German or French,
and finally Lojban. We use a fuzzy text mapping algorithm to compare
with the patent claim. If the match score is less than 50%, we consider
the invention to be original. If the Babelfish turn purple, we consider
it to be inventive. When the computer beeps, that is an indication of a
technical effect!"

Scotty explains why BAPA is so complex: "every other possible technique
was patented. But they forgot to patent, 'and do it in Polish!'".

Brimelow is happy with the FFII-EPO collaboration: "after many years of
fighting over whether or not software can be patented, we're happy to
say that we can now work with legal certainty. With our superior BAPA
system we can accept or deny patent applications directly over the Web.
We take all credit cards!"

Benjamin Henrion, President of the FFII, comments: "I think BAPA is a
milestone. This puts the EPO way ahead of any technology the Americans
can develop. They have Google, but we have Poland. Thank you, Poland!"

Not everyone is pleased. The European Commission was told that project
BAPA was about machine translation of community patents. The Free Patent
Association (FPA), which advocates Corel/GNU/Linux and the new GPLv4,
still maintains that software patents are a "like land mines to
programmers" according to its chairman, Richard Stallman. And Pieter
Hintjens, former President of the FFII, complains: "all these people are
claiming they invented BAPA! It was my idea, years ago, and but Red Hat
patented the idea and sold it to the EPO."

Industry likes the idea. IBM's John B. Wise, Community and Patents
Sourcerer for EMEA says, "IBM has always thought it was bad to blame
overworked patent examiners for poor patents. Now we can blame the
machines and lousy software!" IBM recently filed its millionth software
patent, on "A system and method for representing discrete numerical
values using two opposing bits".

BAPA has already collected the full contents of the Pirate Bay for its
prior art database. The public can submit binaries as prior art on the
following website: http://binariesaspriorart.org. Commodore-64 video
games are particularly welcome.

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Background Information
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Software is available in three main forms: as "notes-on-the-back-of-a-
manilla-envelope" (NOTBOME) made by non-technical engineers who would
not know a black-red binary tree from a banana tree, and as "coffee",
which when drunk by programmers, solidifies into a concrete usable third
form called "binary code". It is well known that binary code holds the
essential, computer-verified contents of entire history of software
technology. Furthermore, unlike "source code", which is an encrypted and
unreadable form of binary code, binary code is not often protected by
copyright, and thus a perfect match for the patent system.

Advanced software factories can turn NOTBOME and coffee directly into
binary code, with no intervening source code. This proves that the only
valid form of prior art is the pure, computer-validated binary.

Earlier versions of BAPA were called "CAPA" and "NOTBOMEPA", neither of
which produced great results.

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Links
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* Binaries as Prior Art: http://binariesaspriorart.org
* Binaries (or Object File): http://en.wikipedia.org/wiki/Object_file
* Permanent link to this press release:
  http://press.ffii.org/Press_releases/FFII_and_EPO_announce_%22Binaries-As-Prior-Art%22

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Contact
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Benjamin Henrion
FFII Brussels
+32-2-414 84 03
+32-484-566109
bhenrion a ffii.org
(French/English)

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About the FFII
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The FFII is a not-for-profit association active in over fifty countries,
dedicated to the development of information goods for the public
benefit, based on copyright, free competition, and open standards. More
than 850 members, 3,500 companies and 100,000 supporters have entrusted
the FFII to act as their voice in public policy questions concerning
exclusion rights (intellectual property) in data processing. 

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