Bonum Certa Men Certa

More Proof That the Patent System Shot Down Innovation and Shot Self in Foot

"when the patent quality bar is so low, everyone loses"Ever since the aggressive saber-rattling of May 2007, one of our goals here has been to show that patents are not to be dreaded. Many of them deserve to be mocked and their potential impact dismissed. How so? For starters, some of the companies that have a history of patent abuse have themselves asked for a reform. With proper reform, FUD surrounding Linux will most likely just vanish.

Here are some of the latest examples of patent abuse, harassment, and trolling.

From 'Innovation' to Banning of Products



The very latest abuser appears to have painted Sun Microsystems as its victim. NetApp targets ZFS. It strives to shoot down one of Sun's break-and-butter products.

NetApp files suit against Sun over ZFS

[...]

The patents in question include methods and techniques for error correction, software RAID and, according to the NetApp complaint, the method for maintaining consistent states of a file system and for creating user accessible read-only copies of a file system. "We want them to stop developing ZFS, stop distributing [it] and stop doing derivative works with it in particular," Warmenhoven said.


A classic case that has been mentioned here for quite a while is the Broadcom/Qualcomm dispute. There was an embargo. Here is the latest:

Broadcom wins antitrust appeal against Qualcomm

[...]

Broadcom's lawsuit accused Qualcomm of breaking a pledge to the standards board to be fair when licensing patents for technology it owned. That technology has been adopted as an industry standard to promote interoperability among handsets and carriers.


Here is another ludicrous case where Apple, Acer, Dell, Gateway are targeted.

The firm alleges the companies have breached patent 7,009,655B2 - catchily titled "method and system for direct recording of video information onto a disk medium".


Re-innovating the Wheel



How about this sophisticated patent?

The present invention relates to an information system, comprising an input device, a presentation device, a processing unit and a database with an address register for storing address information, such as name, address, telephone and telefax numbers, for legal and/or natural persons, said system providing structured access to said address information.


Sounds like a digital address book. Where is the invention? How about this one from Microsoft?

"Last week, the USPTO published a rather odd Microsoft patent application for Content Ratings and Recommendations, which describes how religious-based communities and other 'subcultures' can use the patent-pending process to prevent their members from viewing undesirable television programs and movies."


"Prior art," says anyone who wasn't born yesterday. Amazon wanted to patent the idea of book recommendation, which is equally sad.

Here's a new one from Google.

Google owes its success to putting advertising into parts of our lives where no one has ever put adverts before. Now a new patent illustrates the extent of its ambitions.


Hope is Not Lost



The only good news is that, later this week, the Congress will vote on the need for a patent system reform.

"We've spent three Congresses on this," said Steve Elmendorf, a lobbyist for the Coalition for Patent Fairness, a group of technology companies, such as Microsoft, Apple Inc. and Cisco Systems Inc., that favor the legislation.


Ironically (or not), Microsoft will stand in the way.

Microsoft Corp.'s success in reversing a $1.52 billion trial loss was the latest in a series of court victories that may undermine its chance for broad changes in U.S. patent law this year.


Groklaw continues its bug squashing effort and it also sets its eye on Microsoft patents that are good candidates for dismissal.

For sure I don't want any patents getting approved that might be used against FOSS someday because I wasn't paying attention. My worry is that because we have been busy elsewhere, the Microsoft patent submission might slide by, get approved by default despite there being prior art we neglected to mention, and then the FUD machine can start up about how it's now a super strong patent that made it through a FOSS community examination.


In relation to OOXML, Matt Aslett said that nobody wins when the standards are low. Let's borrow this nice phrase and say that when the patent quality bar is so low, everyone loses. Science loses. Technology is stalled. Only lawyers win.

Recent Techrights' Posts

"I Hated Working at IBM. They Were the Most Unfriendly People."
Don't forget what Watson the son did to a poor woman on a plane
Staff Union of the EPO (SUEPO) is Taking the New Pension Scheme (NPS) to an International Tribunal (ILOAT)
SUEPO wants more EPO staff to participate in collective action
Stella Assange and the Legal Team Speak to the Media a Day After WikiLeaks Founder Julian Assange Arrives in Australia
Published yesterday by a number of mainstream publishers
Over at Tux Machines...
GNU/Linux news for the past day
[Video] The 'Dangerous Precedent' (Jen Robinson on Assange Plea Bargain)
Published 3 hours ago in Australia
Microsoft is Losing Its Grip on Bulgaria
now may be a good time to look into statistics from Bulgaria
LinuxSecurity.com Back to Relaying Anti-Linux FUD From Microsoft, Using Microsoft Chatbots That Recycle and Add Permutations to the FUD
They're killing the Web every time they do this
 
ChromeOS Reaches Highest Share in Years at the World's Most Populous Nation, Windows Now at All-Time Low of 13%
We're talking about India today
[Video] "It Is Incredible That Julian Assange Survives"
There was a positive and mutual relationship between Wikileaks and Dr Jill Stein
Never Assume That Because the Law Exists the Powerful Will Follow the Law
Who's going to hold them accountable now?
Nearly a Month Has Passed and Nobody at the Debian Project Even Attempted to Explain What Seems Like Back-dooring of Debian (and Hundreds of Distros That Are Debian-Derived)
I can cynically guess that only matters when a user with a Chinese name does it
[Video] Julian Assange Explains Wikileaks' Logistics
predating indefinite detention
IBM Was Never the "Good Guy", Just a Self-Serving and Opportunistic Money- and Power-Hungry Monopolist, Living Off of Taxpayers' Money (Government Contracts)
The Nazi Party of Germany was its second-biggest client at one point and now it's looking to profit from the work of slaves
State of the News (and Depletion of Journalism Online, Not Just Offline)
Newspapers are not coming back and the Web is not coming back either
GNU/Linux Consolidates in North America
Android rising a lot this year, too
[Meme] More Monopolies Granted While Patent Examiners Die (Overworking for Less Compensation)
Work more; Get less
IRC Proceedings: Thursday, June 27, 2024
IRC logs for Thursday, June 27, 2024
RIP Daniel Bristot de Oliveira, Red Hat death
Reprinted with permission from Daniel Pocock
European Commission fooled by IBM Red Hat merger risk to source code
Reprinted with permission from Daniel Pocock
Links 27/06/2024: Black-Lives-Matter-Poster-Related Lawsuit, Misinformation and Propaganda by Chinese Userfarms
Links for the day
Gemini Links 27/06/2024: Rogue Legends and Old Computers
Links for the day
[Meme] They Think of Their Business Partner, Microsoft
Think.
At the Cusp of Productivity
Work in progress: a critique of terms of service (ToS) in "modern" computing
The Free Software Foundation (FSF) is Becoming More European Than the Google- and Microsoft-Funded 'FSFE' (Fake 'FSF', a Case of Identity Theft)
The Board of Directors of the FSF is now all European as far as women (3) go
[Meme] Meanwhile at IBM's Headquarters
Old white men can find common themes to laugh at in IBM
IBM's Board is a Men's Club, Unlike the FSF's, But Red Hat/IBM Are Trolling the Community Using the "Diversity Shtick"
CoC-fighting over diversity to distract from their own failings
John Gilmore, Cofounder of the Electronic Frontier Foundation, Joins the FSF's Board
it's already riling up the Microsofters and misogynists
Links 27/06/2024: Microsoft's Chief Brand Offices Kathleen Hall to Leave, The Beauty of Blogging, Ukraine Updates
Links for the day
Microsoft Got Lost in Bermuda
based on far too little data
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 26, 2024
IRC logs for Wednesday, June 26, 2024
Microsofter Throwing Stones in a Glasshouse Again
"Life is imitating art" and if you're a BS artist, your life must be BS
Far Too Young to Die
He seemed to be healthy
Virgin Islands, Marshall Islands, Guam and Other American Satellites Drift Further Away From Microsoft
So even US-controlled islands are moving away from Windows, little by little...
Let's Encrypt is Dying in Geminispace (Now Down Very Sharply to 6%), More People Self-Sign as They Certainly Should
Abandoning a fake security model?
No More Justice for Assange?
Not the site anyway
[Meme] "No News is Good News"
2 days have passed and still not a word
Northern Mariana Islands May Have Been Taken Over by Debian!!
The place is strategic for military reasons (like a giant aircraft carrier with running water)
Birthday With His Family
Julian Assange was born 3 July 1971
Julian Assange on Cryptographically-deniable Block Storage Device (aka Marutukku)
An oldie
Links 26/06/2024: US State Department Controlling YouTube, Artificial Intelligence (AI) Hype on the Brink as "Losses Balloon"
Links for the day
GNU/Linux Back Above 4% (in statCounter)
happened minutes or a few hours ago
Free Assange! (by Alexandre Oliva)
Reprinted with permission from Alexandre Oliva
Julian Assange & Debian: was he a developer?
Reprinted with permission from Daniel Pocock
Links 26/06/2024: More on Hey Hi (AI) Bubble Fading, RIAA Steps in
Links for the day
Gemini Links 26/06/2024: UAF Botanical Garden and YouTube Workarounds
Links for the day
Microsoft Market Share Falling to New Lows in Aruba
Being below 20% in America is the exception, not the norm
Streaming in a Few Minutes: Julian Assange Press Conference
They test the microphone now.
[Video] Julian Assange Arrives Safely in Australia
even the person on the air cried
Debian Project Still Has a Lot of Explaining to Do...
Assange was actually a Debian Developer
[Meme] When Ian (of Debian) Was Still Alive
I wasn't always a Debian Developer...
"Julian Assange is Free"
Published ~34 minutes ago
GNU/Linux Userbase Surging in Iceland
Maybe there's something big going on, like people deleting Vista 11 in droves and installing GNU/Linux instead
Jennifer Robinson: "After 14 years of legal battles, Julian Assange can go home a free man”
She explains the implications for the general freedom of the press
Judge: Assange Leaves Court 'A Free Man'
on his way to Australia now
Julian Assange verdict: guilty, not guilty or blackmailed
Reprinted with permission from Daniel Pocock
12 Months Ago the FSF Said It Would Issue a Statement on IBM Taking RHEL Proprietary
Statement never happened
Sheriff of Cork & Debian Edward Brocklesby or Brockelsby Street confusion
Reprinted with permission from Daniel Pocock
Microsoft's Bing Fall From 2.6% Before LLM Hype to Just 0.79% Right Now in Russia
statCounter's data
[Meme] Speaking Truth to Power (Still Easier in the West Than in Russia/BRIC)
Different people, different outcomes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 25, 2024
IRC logs for Tuesday, June 25, 2024
The Plot to Silence (or Deplatform) Techrights
This past month I've been spending time working on the text of an online publication
[Meme] Julian Assange's Lawyers Need to Ensure Assange Maintains Freedom to Publish
Let's ensure he can continue to publish
"Conviction for a Crime he Did Not Commit," Said Jennifer Robinson
Robinson is the kind of woman accomplisher we should look up to
Trying to Make Blogs (Independent and Mostly Decentralised Platforms) What Comes After Social Control Media
Social Control Networks 'stole the thunder' of blogs, but can we get back to blogs?
Julian Assange Has Landed
There will probably be some press interviews some time this month or next month