Bonum Certa Men Certa

Microsoft Becomes Software “IP Thief” and Hardware “IP Cop”

Here is a roundup of patent-related news that may or may not be relevant to GNU/Linux.

Avistar



Microsoft is said to be "losing grip in [the] patent spat" which involves Avistar [1, 2, 3, 4]. You will find some more details about it here.

Avistar Communications Corporation reported today that the US Patent & Trademark Office (USPTO) has rejected Microsoft's requests for re-examination of 29 of Avistar's US patents pertaining to audio, video and collaboration technologies.


Also here.

Avistar Communications Corp. said Monday the U.S. Patent & Trademark Office rejected requests by Microsoft Corp. to re-examine 14 of the company's patents, but will look at nine of them.


As a result of this, shares of Avistar rose sharply.

Infosys



Microsoft's close partners (and OOXML 'zombie voters' [1, 2, 3, 4, 5, 6]) are applying for software patents in the United States, which is interesting because they strive to obtain what they probably cannot in their home country. To whose benefit would such a portfolio be?

Infosys awarded 2 patents by USPTO



[...]

Actual 3D dimensional imaging, which includes a representation of depth information along with amplitude of information is not being used in these cases. This patent addresses the issue of 3D in mobile communication.


Alcatel-Lucent



The legal battle between Alcatel-Lucent and Microsoft has gone on for quite some time [1, 2, 3, 4]. Claims and accusations varied as the two sides were firing shots in both directions. Yes, software patents can be 'fun' because they are typically about mutual destruction, not reconciliation and peace (often characterised by sharing). We'll see more of this shortly when we come to consider Sun and NetApp.

Here is the latest about this case that involves Alcatel-Lucent and Microsoft.

The jury also upheld four Microsoft patents, but found that Alcatel-Lucent didn't infringe them, and found one Microsoft patent invalid. Microsoft had been seeking damages of $9.5 million on five patent claims.

Alcatel-Lucent judged that ruling as a victory. "We believed from the beginning that Microsoft patent infringement allegations against Alcatel-Lucent were without merit and we presented a strong defensive argument. We are pleased that the jury agreed with us on this, and we appreciate the jury's time and the careful and thoughtful analysis they gave to this case," the company said in a statement.


The Seattle P-I published its short take as well.

In the latest twist in the Microsoft/Alcatel-Lucent legal saga, a federal jury in San Diego today found that Microsoft's Xbox 360 didn't violate an Alcatel-Lucent patent for video-encoding technology.


Apple



When it comes to software patents, Apple is definitely no friend of open source or GNU/Linux. It ruthlessly files away (never mind quality), some say for defense and vanity purposes only. Here comes another mobile-related patent, just like the ones from Infosys.

Filed last September, the application describes "Touch Screen Device, Method, and Graphical User Interface for Determining Commands by Applying Heuristics" - more simply, the gesture-based user interface found on the iPhone and iPod touch.


Artificial intelligence patents are the equivalent of patenting thought. Bilski and the curve ball patent (hypothetical example) spring to mind.

Sun



Sun's view on patents is rather ambivalent, but in the face of a patent assault it has been fighting to defend itself and its open source portfolio for quite a while. Groklaw has accumulated many of the relevant documents and it brings readers up to date.

The Order tells us that Sun was able to persuade the USPTO to agree to reexaminations on some of NetApp's asserted patents, three of them (there are four more), but this one, Order Granting Request for Inter Party Reexamination [PDF] on the '001 patent, is the biggie. Sun asked for inter partes reexamination of the '001 patent, based on prior art, and the USPTO issued the order granting reexamination of all 63 claims of the patent, finding that a "substantial new question of patentability (SNQ) affecting claims 1-63" of the '001 patent exists.


Fashion



Going a tad astray here, mainly for the purpose of showing patent absurdity applies not only to software, watch again this huge problem which is fashion IPR. [via Glyn Moody]

For the fashion industry intellectual property is a complicated web of legislation and cultural norms. The industry practice of "taking inspiration" from other designers is very common. Equally,

[...]

But even if the work is under copyright, a copy of it may not be a breach of copyright. You see, the design or pattern is an artistic work, but since 17 June 2004, the scope of that protection is limited by the operation of the Designs Act 2003 (Cth). Where someone "reverse engineers" the original you can't sue for copyright infringement. Rather you would move into the scope of the Designs Act.


How long before people 'own' drum beats? The possibilities are endless, so limit on scope is a must.

Hardware



For many years, Microsoft has worked to ensure that hardware works better with Windows. It was more about the hardware than about software. Intel played similar games to coerce partners and gain an unfair advantage (Intel has just been convicted of separate charges, according to Tracy at the IRC channel).

There is a new development here because Microsoft once against enlists intellectual monopolies. Just brought to your by Microsoft and unveiled at Computex: The Licensed Contract Manufacturers Marketplace

The Redmond company announced the Licensed Contract Manufacturers Marketplace at Computex Taipei 2008 in Taiwan, an online hotspot aimed to feature its intellectual property licensing program for hardware.


It's probably self explanatory. Microsoft is trying to taint everything with intellectual monopolies. It's crucial to its battle against freedom. The last bit is yet another cornerstone.

"One Free Software Foundation-backed group--aptly called the End Software Patents Project--is using the [Bilski] case as a platform to argue that no form of software should ever qualify for a patent. Red Hat also argued that the "exclusionary objectives" of software patents conflict with the nature of the open-source system and open up coders to myriad legal hazards."

--Court case could redefine business method, software patents

Recent Techrights' Posts

Confirmed in the Mainstream Media: A Lot of Microsoft "Workloads" Were Just LLM Slop (Helping to Fake Growth for Years, as Microsoft Had Paid "Open" "AI" to Become a "Client") and Demand is Rapidly Waning, Datacentres Canceled and/or Shut Down
Anything to facilitate further accounting fraud
Taiwan's Media Covers Closure of Microsoft's "AI" Lab, It's Time to Talk About the Gradual Death of Windows and Implosion of the "AI" Bubble
Earlier this week we showed that mostly Asian media had the 'nerve' to mention Microsoft silently shutting down its 'AI' lab
More Gains for GNU/Linux, Based on Web Surveys
the Steam site shows rapid growth for "Linux" this month
 
Microsoft's Trouble in Africa and Asia
A new all-time high for GNU/Linux
Brett Wilson LLP Reported to the Solicitors Regulation Authority (SRA)
The saddest thing in all this is that law firms can maintain high standards shall they wish to
Links 03/04/2025: Tariff Pains and C.D.C. Cuts
Links for the day
StatCounter: Microsoft is Masking a Disaster, It's Way Behind DeepSeek Already and Interest in LLMs Has Waned
it turns out the money "raised" for "Open" "AI" may not even exist at all
Links 03/04/2025: SoftBank Money for Microsoft "Open" "AI" Probably Doesn't Even Exist, Wikimedia Foundation Blasts LLM Nuisance While Microsoft Admits Demand Has Shrunk
Links for the day
Gemini Links 03/04/2025: Patch Panel and Pictures
Links for the day
Islamic Republic of Iran: GNU/Linux at All-time High This Month, Windows Falls to 12%
Vista 10 is up this month despite being "end of life" (EoL) soon
Indonesia: All-Time Highs for GNU/Linux
What's noteworthy right now is the growth of GNU/Linux
statCounter Says GNU/Linux Usage is Up Again (Internationally)
some preliminary April data
Only on April 1st Can the Free Software Foundation Associate With Microsoft's Open Source Initiative (OSI)
We saw some pranks that day linking the FSF to Microsoft (e.g. "endorsing" Windows)
IBM Gets Rid of Kelly Chambliss as Mass Layoffs Reported in IBM Consulting, IBM Loses Key Contracts/Graft
IBM Consulting has been in disarray lately
Slopwatch: Anti-Linux Articles, Not Even Written by Humans
Why aren't Web sites more vocal about this problem?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 02, 2025
IRC logs for Wednesday, April 02, 2025
Links 03/04/2025: Apple Fined Over Secret Surveillance, "Elegant Writer For A More Civilized Age"
Links for the day
Gemini Links 02/04/2025: Books and Cold Tea
Links for the day
Links 02/04/2025: More Layoffs, Nokia Again Takes Advantage of Illegal and Unconstitutional Patent Court With Nokia Staff as 'Judges'
Links for the day
Links 02/04/2025: Seizures and Returns to Windows of 24 Years Ago
Links for the day
LLM Slop Helps Obscure and Distort News About Layoffs (IBM, GAFAM)
It's hard to find accurate information
Links 02/04/2025: Microsoft Developers Are Threatening to Go on Strike, World Backup Day Noted
Links for the day
Gemini Protocol Has Growing Appeal (the Web Got Too Bloated and Full of LLM Slop)
For any "data plan" with bandwidth limits or "tiers" it would be cheaper to use/browse Geminispace
The Web Can Survive LLM Slop, But Only If We Collectively Shun and Discourage Serial Sloppers
Doing nothing ought not be a possibility
Amid Secret Shut-downs and Mass Layoffs at Microsoft (4 Waves of Layoffs in 3 Months of 2025) Some Microsoft Staff Expected to Go On Strike
workers going on strike
Gemini Links 02/04/2025: No more on Mastodon and Gemini Mention Script in Go
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 01, 2025
IRC logs for Tuesday, April 01, 2025
My Motion Disbarring or “Striking Off” Brett Wilson LLP for Enabling Violent Americans Who Try to Crush Microsoft Critics in the United Kingdom by Multiple SLAPPs
"Guns for hire" (for Microsoft people who received Microsoft salaries)
The U.S. Patent and Trademark Office Hijacked Again by Patent Litigation Industry, as President Cheeto Prioritises Aggressors
The "mafia" has taken over the "industry" and the Federal system (justice and constitutions trampled upon)
Ubuntu Slop and FUD Manufactured With LLMs and Funded (by Oneself) 'Studies'
Slop and FUD are ruining the Web
Gemini Links 01/04/2025: Games and More
Links for the day
Links 01/04/2025: Apple Fined $162M for Privacy Abuses, Disinformation Online a Growing Concern
Links for the day
Why We're Reporting Brett Wilson LLP for Apparently Misusing Their Licence to Protect American Microsofters Who Attack Women
For those who have not been keeping abreast
Newer Press Reports Confirm That Microsoft Shuts Down 'Hey Hi' (AI) Labs Despite All the Hype
The "hey hi" (AI) bubble is not sustainable
Links 01/04/2025: Mass Layoffs at Eidos and "Microsoft Pulls Back on Data Centers" (Demand Lacking); "Racist and Sexist" Slop From Microsoft
Links for the day
Stefano Maffulli and His Microsoft-Funded OSI Staff Are Killing the OSI and Killing "Open Source" (All for Money!)
This is far from over
Gemini Links 01/04/2025: XKCDpunk and worldclock.py
Links for the day
50 Years of Sabotage and a Gut Punch to Computer Science (and Science in General)
Will we get back to science-based computing rather than cult-like following?
Techrights Headlines as Semaphore
"If you are hearing this, thank you"
3 Months in 2025, 4 Waves of Mass Layoffs at Microsoft, Now Offices Shut Down Permanently
"A recent visit by the South China Morning Post confirmed that the office was dark, unoccupied, and had its logo removed."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 31, 2025
IRC logs for Monday, March 31, 2025