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

06.05.08

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

Posted in Apple, Free/Libre Software, GNU/Linux, Hardware, Microsoft, Patents, SUN at 2:26 am by Dr. Roy Schestowitz

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

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 26/6/2016: IceCat 38.8.0, Wine 1.9.13

    Links for the day



  2. With UPC Dead for Battistelli's Entire Remaining Term, No Reason for the EPO or the Administrative Council to Keep Battistelli Around

    Thoughts about what happens to the EPO's leadership after 'Brexit' (British exit from the EU), which severely undermines Battistelli's biggest project that he habitually used to justify his incredible abuses



  3. Links 24/6/2016: Xen Project 4.7, Cinnamon 3.0.6

    Links for the day



  4. Benoît Battistelli Should Resign in Light of New Leak of Decision in His Vendetta Against Truth-Telling Judge (Updated)

    Benoît Battistelli continues to break the EPO's own rules, not just national laws, as a new decision helps reveal



  5. Fake Patents on Software From Fake Australian 'Inventor' of Bitcoin and the Globally-Contagious Nature of EPO Patent Scope

    News from Australia regarding software patents that should not be granted and how patent lawyers from Australia rely on European patent law (EPO and UK-IPO) for guidance on patent scope



  6. Patent Lawyers Love (and Amplify) Halo and Enfish, Omit or Dismiss Cuozzo and Alice

    By misinterpreting the current situation with respect to software patents and misusing terms like "innovation" patent lawyers and others in the patent microcosm hope to convince the public (or potential clients) that nothing in effect has changed and software patents are all fine and dandy



  7. Looks Increasingly Plausible That Battistelli is Covering up Bogus and/or Illegally-Obtained 'Evidence' From the EPO's Investigative Unit

    Why we believe that Benoît Battistelli is growingly desperate to hide evidence of rogue evidence-collecting operations which eventually landed himself -- not the accused -- in a catastrophic situation that can force his resignation



  8. As Decision on the UK's EU Status Looms, EPO Deep in a Crisis of Patent Quality

    Chaotic situation at the EPO and potential changes in the UK cause a great deal of debate about the UPC, which threatens to put the whole or Europe at the mercy of patent trolls from abroad



  9. Another Demonstration by European Patent Office (EPO) Staff on Same Day as Administrative Council's Meeting

    SUEPO (staff union of the EPO) continues to organise staff actions against extraordinary injustice by Benoît Battistelli and his flunkies whom he gave top positions at the EPO



  10. Links 23/6/2016: Red Hat Results, Randa Stories

    Links for the day



  11. Interview With FOSSForce/All Things Free Tech

    New interview with Robin "Roblimo" Miller on behalf of FOSSForce



  12. Links 22/6/2016: PulseAudio 9.0, GNOME 3.21.3 Released

    Links for the day



  13. IP Europe's UPC Lobbying and the EPO Connection

    The loose but seemingly ever-growing connections between AstroTurfing groups like IP Europe (pretending to represent SMEs) and EPO staff which is lobbying-centric



  14. EPO “Recruitment of Brits is Down by 80%”

    Letter says that “recruitment of Brits is down by 80%” and "the EPO lost 7% of UK staff in one year"



  15. The Conspiracy of Patent Lawyers for UPC and Battistelli's Role in Preparing by Firing People

    The parasitic firms that lobby for the UPC and actually create it -- firms like those that pass money to Battistelli's EPO -- are doing exactly the opposite of what Europe needs



  16. Patent Lawyers, Having Lost Much of the Battle for Software Patents in the US, Resort to Harmful Measures and Spin

    A quick glance at how patent lawyers and their lobbyists/advocates have reacted to the latest decision from the US Supreme Court (Justice Breyer)



  17. Links 21/6/2016: Fedora 24 and Point Linux MATE 3.2 Officially Released

    Links for the day



  18. Supreme Court on Cuozzo v Lee Another Major Loss for Software Patents in the United States

    Much-anticipated decision on the Cuozzo v Lee case (at the highest possible level) serves to defend the appeal boards which are eliminating software patents by the thousands



  19. As Alice Turns Two, Bilski Blog Says 36,000 (Software) Patent Applications Have Been Rejected Thanks to It

    A look back at the legacy of Alice v CLS Bank and how it contributed to the demise of software patents in the United States, the birthplace of software patents



  20. EPO Self-Censorship by IP Kat or Just Censorship of Opinions That IP Kat Does Not Share/Accept (Updated)

    ree speech when it's needed the most (EPO scandals) needs to be respected; or why IP Kat shoots itself in the foot and helps the EPO's management by 'sanitising' comments



  21. Caricature: Bygmalion Patent Office

    The latest cartoon regarding Battistelli's European Patent Office



  22. Links 21/6/2016: GNU/Linux in China's HPC, Linux 4.7 RC4

    Links for the day



  23. Under Battistelli's Regime the EPO is a Lawless, Dark Place

    How the EPO's Investigative Unit (IU) and Control Risks Group (CRG), which is connected to the Stasi through Desa, made the EPO virtually indistinguishable from East Germany (coat of arms/emblem above)



  24. New Paper Demonstrates That Unitary Patent (UPC) is Little More Than a Conspiracy of Patent 'Professionals' and Their Self Interest

    Dr. Ingve Björn Stjerna's latest paper explains that the UPC “expert teams” are in fact not experts but people who are using the UPC as a Trojan horse by which to promote their business interests and corporate objectives



  25. Money Flying to Private Companies Without Tenders at Battistelli's EPO (by the Tens of Millions!)

    Extravagant and cushy contracts to the tune of tens of millions of Euros are being issued without public scrutiny and without opportunities to competition (few corporations easily score cushy EPO contracts while illusion of tendering persists -- for small jobs only)



  26. Patent Examiners and Insiders Acknowledge Profound Demise in Patent Quality Under Battistelli

    By lowering the quality of patents granted by the European Patent Office Battistelli hopes to create an illusion of success, where success is not measured properly and is assessed by biased firms which he finances



  27. Jericho Systems Threatens Alice, Court of Appeals for the Federal Circuit Threatens the Patent Trial and Appeal (PTAB)

    A look at the two latest threats to those who helped put an end to a lot of (if not most) software patents in the US



  28. How the Halo Electronics Case Helps Patent Trolls and How Publications Funded by Patent Trolls (IAM for Instance) Covered This

    A Supreme Court ruling on patents, its implications for software patent trolls, and how media that is promoting software patents and patent trolls covered it



  29. Patent Lawyers' Fantasy Land Where Software Patents Are Suddenly Resurrected Even When They're Not

    A quick glance at where the debate over software patents in the United States stands and how profiteers (such as patent lawyers) not only mislead the public but also bully the messengers



  30. Links 19/6/2016: Randa Over, Fedora 24 Release Soon

    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