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

03.31.08

Today’s Lessons on Evil Software Patents and Microsoft Abuse of the System

Posted in GNU/Linux, Intellectual Monopoly, Law, Microsoft, Patents, UNIX at 7:44 am by Dr. Roy Schestowitz

Accept it or hate it, Microsoft still intends to use software patents for redefining the rules of a game it is losing. Be it welcomed or damned, it is important to fight this battle against ‘contamination’ with software patents, which large companies try to 'inject' into national law worldwide.

Here we present some new items of interest.

Intellectual Idiocy

Along the lines of “dumb wisdom”, let’s consider what makes an “intellectual idiocy”. When applied to things like spurious copyright protection:

In many ways, the human mind is like a computer … it processes information and stores data. Are the memories we have of music; films and books in violation of copyright, because they are stored like computer files in our minds? Should we be legally prohibited from discussing this “content”, for fear of being accused of illegally “distributing” copyrighted material?

The above is a good and warmly recommended post that emerged from a recent discussion. How about this new bit about software patents? [via Digital Majority]

Brad Feld, a venture capitalist, described software patents as an “evil scourge on our planet” that stifle innovation and believes technology has no value by the time it is patented. Feld stated software patents should be abolished and the problems of software patents would be solved with large companies creating patent software commons of cross licensing the patents.

Is THIS Microsoft’s Plan of IMITAT~1^H^HOwning a Superior Competition?

Microsoft loves software patents and its ridiculous portfolio proves this. But it has this annoying obsession of patenting things that Linux/UNIX ‘own’ but never had patented. How about Microsoft's sudo patent? Or this new post from Glyn Moody about Microsoft ‘owning’ system modularity?

One word that has cropped up time and again on this blog is “modularity”. It’s one of the prime characteristics of the open source way – and one of its greatest strengths. Now wonder, then, that Microsoft has finalled cottoned on – helped, no doubt, by the abject failure of its Vista monster

[...]

Needless to say, though, even in making this sensible move, Microsoft manages to add a touch of absurdity:

Unsurprisingly, Microsoft already has a patent on a “modular operating system” concept.

A *patent* on modularity? Give me a break….

The patent/application itself a bit old. There are many more examples. For further reading about the concept and the patent consider:

When All Else Fail, Resort to Bullying

Remember patent TrollTracker?

Well, our Web site now contains many broken (outgoing) links since the man’s blog was bullied out of existence. And now it’s BusinessWeek’s turn to tell the story.

Troll Tracker gained repute as a forum for information, not invective. But its more volatile content would eventually combine to blow up the blog and land its creator and Cisco in legal hot water. A reader comment in December contained a death threat against Chicago attorney Raymond Niro Sr., who has long represented trolls. Two Texas attorneys were enraged by Troll Tracker reports suggesting that the lawyers may have had dates altered on a court document—a felony. By the end of last year, Niro had put up a $15,000 bounty to unmask the anonymous blogger, and Internet sleuths had tried to track him.

How truly unacceptable. A known troll [1, 2, 3, 4, 5, 6, 7] resorts to bullying [1, 2, 3].

Rick cited us in the past and it’s awfully sad to see patent trolls not only abusing the system, but abusing people and their careers/employers as well. How can Ray Niro even stare at the mirror under his bridge?

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

A Single Comment

  1. SubSonica said,

    March 31, 2008 at 4:22 pm

    Gravatar

    Don’t miss this article (rather lenghty but totally recommended) by Glynn Moody quoted by Groklaw:
    http://www.linuxjournal.com/content/microsofts-great-besmirching

    Microsoft may have won the ISO battle, but it could well end up losing the rather more important war with the European Commission, which has already shown itself deeply unimpressed with Microsoft’s approach to business.

    Writing to MEPs (if you’re European) or to Neelie Kroes, the European Commissioner for Competition, (if you’re not) is one obvious action we can all take to press for an independent, transparent inquiry into possible irregularities during the OOXML voting process in Europe. But I think there’s something just as important that we need to start doing immediately.

    It is striking that some parts of Microsoft have been making soothing noises to the open source world, speaking of their desire to work alongside free software projects and to ensure “interoperability” – a favourite concept at the moment – between the open and closed worlds. Those voices have become increasingly seductive to some, especially in the open source business world, who would rather work with than against the Seattle behemoth, and who seem to believe that Microsoft is genuine in its offers. But if the whole sorry OOXML saga shows anything, it is Microsoft’s deep and utter contempt for the whole idea of an open, collaborative process based on mutual respect and consensus. Henceforth, members of the open source community must view with deep cynicism all – not just some – offers by Microsoft to work more closely with the free software world. If they don’t, they could find themselves used and abused just like the once famous, and now former, International Standards Organisation.

What Else is New


  1. Links 24/5/2018: RIP Robin “Roblimo” Miller, Qt 5.11 Released

    Links for the day



  2. Walmart, Bank of America, Allied Security Trust (AST) and the Rush for 'Blockchain' Patents

    The hoarding of patents on novel-sounding code has reached ridiculous levels; very large corporations and even patent trolls arm themselves with such patents, hoping to make returns by means of litigation or an 'arms trade'



  3. Stupid Blogs, Stupid Lawsuits, and Stupid Patents

    The stupidity of the patent microcosm, which would like to see everything in the world patented and which would gleefully smear or even sue its critics (the EFF was sued several times for libel over its "Stupid Patent of the Month" series)



  4. Perpetuating the Big Lie That Unitary Patent (UPC) is About to Kick Off

    The (in)famous old lie about UPC being "just around the corner" is still being circulated, mainly if not only by patent law firms which stand to benefit from a litigation Armageddon in Europe



  5. EPO Validation in Former French Colonies That Have Zero European Patents

    The strategy of the EPO seems to be centered around the interests of Benoît Battistelli and his political career rather than that of the EPO; validation deals and dubious 'Inventor Awards' seem to be part of this pattern



  6. Saint-Germain's Poisonous Legacy of "Toxic Loans": The Cautionary Tale of SIDRU and Its “Toxic Loans”

    The town where the EPO‘s President (Battistelli) is a deputy mayor has a track record of financial hardship and alleged financial misconduct, attributed to the same financial practices Battistelli has just implemented at the EPO



  7. Links 23/5/2018: DragonFlyBSD 5.2.1 and Kata Containers 1.0 Released

    Links for the day



  8. Masking Abstract Patents in the Age of Alice/§ 101 in the United States

    There are new examples and ample evidence of § 101-dodging strategies; the highest US court, however, wishes to limit patent scope and revert back to an era of patent sanity (as opposed to patent maximalism)



  9. PTAB's Latest Applications of 35 U.S.C. § 101 and Obviousness Tests to Void U.S. Patents

    Validity checks at PTAB continue to strike out patents, much to the fear of people who have made a living from patenting and lawsuits alone



  10. France is Irrelevant to Whether or Not UPC Ever Becomes a Reality, Moving/Outsourcing de Facto Patent Examination to European Courts Managed in/Presided by France

    Team UPC is still focusing on France as if it's up for France to decide the fate of the UPC, which EPO insiders say Battistelli wants to be the chief of (the chief, it has already been decided, would have to be a Frenchman)



  11. Saint-Germain's Poisonous Legacy of "Toxic Loans": The Emperor’s New Investment Guidelines

    Details about a secret vote to 'gamble' the EPO's budget on "a diversified portfolio managed by external experts"



  12. Saint-Germain's Poisonous Legacy of "Toxic Loans": Cautionary Tale for the EPO?

    Preface or background to a series of posts about Battistelli's French politics and why they can if not should alarm EPO workers



  13. Links 22/5/2018: Parrot 4.0, Spectre Number 4

    Links for the day



  14. Chamber of Commerce Lies About the United States Like It Lies About Other Countries for the Sole Purpose of Patent Maximalism

    When pressure groups that claim to be "US" actively bash and lie about the US one has to question their motivation; in the case of the Chamber of Commerce, it's just trying to perturb the law for the worse



  15. Links 21/5/2018: Linux 4.17 RC6, GIMP 2.10.2

    Links for the day



  16. The Attacks on the Patent Trial and Appeal Board (PTAB) Have Lost Momentum and the Patent Microcosm Begrudgingly Gives Up

    The Patent Trial and Appeal Board (PTAB), reaffirmed by the Court of Appeals for the Federal Circuit (CAFC) and now the Supreme Court as well, carries on preventing frivolous lawsuits; options for stopping PTAB have nearly been exhausted and it shows



  17. Software Patenting and Successful Litigation a Very Difficult Task Under 35 U.S.C. § 101

    Using loads of misleading terms or buzzwords such as "AI" the patent microcosm continues its software patents pursuits; but that's mostly failing, especially when courts come to assess pertinent claims made in the patents



  18. António Campinos Will Push Toward a France-Based Unified Patent Court (UPC)

    Frenchmen at EPO will try hard to bring momentum if not force to the Unified Patent Court; facts, however, aren't on their side (unlike Team UPC, which was always on Team Battistelli's side)



  19. In Apple v Samsung Patents That Should Never Have Been Granted May Result in a Billion Dollars in 'Damages'

    A roundup of news about Apple and its patent cases (especially Apple v Samsung), including Intel's role trying to intervene in Qualcomm v Apple



  20. Links 20/5/2018: KDevelop 5.2.2 and 5.2.3, FreeBSD 11.2 Beta 2

    Links for the day



  21. Aurélien Pétiaud's ILO Case (EPO Appeal) an Early Sign That ILO Protects Abusers and Power, Not Workers

    A famous EPO ‘disciplinary’ case is recalled; it’s another one of those EPO-leaning rulings from AT-ILO, which not only praises Battistelli amid very serious abuses but also lies on his behalf, leaving workers with no real access to justice but a mere illusion thereof



  22. LOT Network is a Wolf in Sheep's Clothing

    Another reminder that the "LOT" is a whole lot more than it claims to be and in effect a reinforcer of the status quo



  23. 'Nokification' in Hong Kong and China (PRC)

    Chinese firms that are struggling resort to patent litigation, in effect repeating the same misguided trajectories which became so notorious in Western nations because they act as a form of taxation, discouraging actual innovation



  24. CIPU is Amplifying Misleading Propaganda From the Chamber of Commerce

    Another lobbying event is set up to alarm lawmakers and officials, telling them that the US dropped from first to twelfth using some dodgy yardstick which favours patent extremists



  25. Patent Law Firms That Profit From Software Patent Applications and Lawsuits Still 'Pull a Berkheimer' to Attract Business in Vain

    The Alice-inspired (Supreme Court) 35 U.S.C. § 101 remains unchanged, but the patent microcosm endlessly mentions a months-old decision from a lower court (than the Supreme Court) to 'sell' the impression that everything is changing and software patents have just found their 'teeth' again



  26. A Year After TC Heartland the Patent Microcosm is Trying to 'Dilute' This Supreme Court's Decision or Work Around It

    IAM, Patent Docs, Managing IP and Patently-O want more litigation (especially somewhere like the Eastern District of Texas), so in an effort to twist TC Heartland they latch onto ZTE and BigCommerce cases



  27. Microsoft Attacks the Vulnerable Using Software Patents in Order to Maintain Fear and Give the Perception of Microsoft 'Safety'

    The latest patent lawsuits from Microsoft and its patent trolls (which it financially backs); these are aimed at feeble and vulnerable rivals of Microsoft



  28. Links 19/5/2018: Mesa 18.0.4 and Vim 8.1

    Links for the day



  29. Système Battistelli (ENArque) at the EPO is Inspired by Système Lamy in Saint-Germain-en Laye

    Has the political culture of Battistelli's hometown in France contaminated the governance of the EPO?



  30. In Australia the Productivity Commission Decides/Guides Patent Law

    IP Australia, the patent office of Australia, considers abolishing "innovation patents" but has not done so yet (pending consultation)


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