EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

10.22.07

A Victory in Europe for Microsoft’s Absurd Patents and So-called ‘Innovation’

Posted in Antitrust, Deception, Europe, Interoperability, Microsoft, Patents at 9:50 pm by Dr. Roy Schestowitz

The other side of the coin

Monopoly has money

Blinded by shallow coverage in the mainstream media, yesterday we expressed restrained optimism about the European resolution to Microsoft’s antitrust case. Upon closer inspection, and after actually looking at the papers, the bad news may possibly outweigh what seemed beneficial.

The patent part [of the deal in the EU] is terrible. Worse than terrible. They are not blocked from offering patent deals, only constrained as to how much to charge for a license, which is not and never was the issue. So they’ll beef up those initiatives, I’m sure. However, the good part is that they were compelled to separate the patent license offer out and make it optional. Thanks, but no thanks.

[...]

I’m guessing Microsoft lawyers are high fiving each other, having snatched an important victory from utter and total defeat. The rest is excellent, of course, and in no way do I mean to detract from the hard work and persistence that the EU Commission has shown. However, I don’t think they understand how seriously broken the US patent system is currently, and how easy it is to abuse it, or they don’t feel it’s their job to fix the US problems, or how central patents are to Microsoft’s current strategy against FOSS.

I does change the tune, doesn’t it?

We shall continue to stress that Microsoft claims “innovation” for what it actually devised to drive competition out of the market. Minor and pointless ‘extensions’ to standards such as LDAP, to use just one example, are not innovation. They are means of breaking interoperability and sabotaging other products in a mixed environment. On the issue of innovation, Jeremy Allison of Samba has just published the following column.

Innovation is a weasel word. It used to earn an honest living, but now it’s been hijacked by marketing people for dishonest purposes. It’s now in the same category as “rich”. Does anyone now hear the words “rich user experience” or “rich client” without thinking of a bloated, Windows-only client that doesn’t use open or standard protocols? Controlling the language like this is power. Whoever defines the words we use can control the way we think about things. Our knowledge of language limits how we can express our thoughts. Innovation these days is being used as a code word for large, corporate controlled research and development, regardless of any results it might produce.

In short, there are two messages to take here:

  1. Microsoft was arguably victorious in Europe. Its patent deals spree has gotten a little boost.
  2. There is nothing innovative in Microsoft’s work, which it still charges fees for. It is a game of smoke and mirror and, sadly enough, some people fall for it.

It is reassuring to find that “Show Us the Code” folks have decided to launch a Wiki whose purpose is to squash Microsoft’s patent FUD.

Show Us the Code is gearing up now for round two. This time around we’ll pack a more permanent punch.

A wiki will be setup in the near future, the goal? To list every patent that patent trolls can drum up to try to destroy linux, and to find a legal means in which to invalidate those patents, be it prior art or by other means. Of course in this realm we do have public enemy number 1 to worry about but that should not be the sole focus of this wiki.

This is an excellent first step. Grabbing contributors from Groklaw, however, would be hard. The Groklaw community has probably become the de facto standard for this type of activity.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  2. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  3. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  4. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  5. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  6. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  7. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  8. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  9. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    Links for the day



  10. The EPO and the USPTO Are Granting Fake Patents on Software, Knowing That Courts Would Reject These

    Office management encourages applicants to send over patent applications that are laughable while depriving examiners the freedom and the time they need to reject these; it means that loads of bogus patents are being granted, enshrined as weapons that trolls can use to extort small companies outside the courtroom



  11. CommunityBridge is a Cynical Microsoft-Funded Effort to Show Zemlin Works for 'Community', Not Microsoft

    After disbanding community participation in the Board (but there are Microsoft staff on the Board now) the "Linux Foundation" (or Zemlin PAC) continues to take Microsoft money and polishes or launders that as "community"



  12. Links 14/3/2019: GNOME 3.32 and Mesa 19.0.0 Released

    Links for the day



  13. EPO 'Results' Are, As Usual, Not Measured Correctly

    The supranational monopoly, a monopoly-granting authority, is being used by António Campinos to grant an insane amount of monopolies whose merit is dubious and whose impact on Europe will be a net negative



  14. Good News Everyone! UPC Ready to Go... in 2015!

    Benoît Battistelli is no longer in Office and his fantasy (patent lawyers' fantasy) is as elusive as ever; Team UPC is trying to associate opposition to UPC with the far right (AfD) once again



  15. Links 13/3/2019: Plasma 5.15.3,Chrome 73 and Many LF Press Releases

    Links for the day



  16. In the Age of Trumpism EFF Needs to Repeatedly Remind Director Iancu That He is Not a Judge and He Cannot Ignore the Courts

    The nonchalance and carelessness seen in Iancu's decision to just cherry-pick decisions/outcomes (basically ignoring caselaw) concerns technologists, who rightly view him as a 'mole' of the litigation 'industry' (which he came from)



  17. Links 12/3/2019: Sway 1.0 Released, Debian Feuds Carry On

    Links for the day



  18. Microsoft is Complaining About Android and Chrome OS (GNU/Linux) Vendor Not Paying for Microsoft Patents (Updated)

    Microsoft, which nowadays does the patent shakedown against GNU/Linux by proxy, is still moaning about companies that don’t pay ‘protection’ money (grounds for antitrust action or racketeering investigation)



  19. Watchtroll Has Redefined "Trolls" to Mean Those Who Oppose Software Patents (and Oppose Trolls), Not Those Who Leverage These for Blackmail Alone

    The controversial change to 35 U.S.C. § 101 guidance is being opposed by the public (US citizens who oppose American software patents), so patent maximalists like Janal Kalis (“PatentBuddy”) and extremists like Gene Quinn (Watchtroll) want us to believe that the public is just “EFF” and cannot think for itself



  20. EPO's Latest 'Results' Show That António Campinos Has Already Given Up on Patent Quality and is Just Another Battistelli

    The patent-granting machine that the EPO has become reports granting growth of unrealistic scale (unless no proper examination is actually carried out)



  21. Links 11/3/2019: Linux 5.0.1, Audacity 2.3.1, GNU Coreutils 8.31

    Links for the day



  22. US Patent Law Currently Not Changing Much and Software Patents Are Still in Limbo

    Surveying the news, as we still meticulously do (even if we don't write about it), it seems clear that American courts hardly tolerate software patents and proponents of such patents are losing their voice (or morale)



  23. EPO Examiner: “I Have Been Against Software Patents and Eventually 3/4 of My Job is Examining Software Patent Applications.”

    Overworked examiners aren't being given the time, the tools and the freedom to reject patents, based on prior art, patent scope and so on; it is beginning to resemble a rubber-stamping operation, not an examining authority



  24. Europe Will Pay a High Price for Software Patents Advocacy by António Campinos in Europe's Patent-Granting Authority

    EPO President António Campinos — like Iancu at the U.S. Patent and Trademark Office (USPTO) — is still promoting software patents in Europe even though such patents are clearly detrimental to Europe’s interests



  25. António Campinos -- Like His Father -- Lacks Support From Colleagues, Endorsed Only From the Top

    History lessons from Wikileaks



  26. Links 10/3/2019: GNU and GNOME Releases

    Links for the day



  27. Koch Brothers' Oil Money is Poisoning Academia and Distorting Scholarly Work/Research on Patents

    Meddling in patent law by the Kochs, the oil tycoons who can be seen everywhere Conservative think tanks are, shows no signs of abatement



  28. From Patents on Chewing Gum to Toothpaste Patents: How the EPO Came to Focus on Speed and Volume, Not Quality

    There’s still no proper quality control in place for European Patents — a severe problem which will only further exacerbate the legal uncertainty associated with all European Patents



  29. European Patent Office Press Releases (Two in Two Days) Are Disguised as 'News' and Tell the Opposite of the Truth

    The Office under the 'new' and 'improved' leadership of António Campinos seems to be repeating the mistakes of Battistelli by discrediting anything it says; its press releases, characteristically dubbed "news" for some reason, bear no resemblance to reality and are detached from facts EPO insiders have long known



  30. Links 9/3/2019: International Women’s Day, QtLottie

    Links for the day


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts