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

07.22.08

The Patent Comedy is Real

Posted in Courtroom, EFF, Microsoft, Patents at 6:21 am by Dr. Roy Schestowitz

…And it’s painful, not painfully funny

It is important that everyone recognises just how misguided and flawed the patent system has become. To demonstrate the severity of the problem, we present a few jaw-dropping items from the news. The first would have to be this one. [via Digital Majority]

Creating A List From A Database? Prepare For A Patent Infringement Suit

…Channel Intelligence, a company that owns a ridiculously broad and obvious patent on creating a list from a database and is now suing a whole bunch of small websites that offer things like wishlists.

More visual details you will find in Techcrunch. How about this one, which has just been invalidated by the EFF?

The Electronic Frontier Foundation announced another victory for its Patent Busting Project last Friday, this time against NeoMedia. The company received a comprehensive set of patents that covered information lookups via scanned input.

Yes, bar codes too are considered non-trivial, no matter their ubiquity.

Here are some more details about the lawsuit against Silverlight and the patent/holder involved. It’s truly ridiculous. The Wall Street Journal has just published this followup to a recent similar complaint which it published a week ago.

In “Patent Gridlock Suppresses Innovation” (Information Age, July 14), L. Gordon Crovitz asserts “that for most industries today’s patent system does more harm than good.” He paints with too broad a brush. The “most industries” he refers to are those heavily involved with software, e.g., Verizon, Cisco ,Google, RIM and HP, which he cites. Such companies have indeed suffered grief because of patents on software and so-called “methods of doing business,” like double-clicking something to place an order. Such patents basically didn’t exist as little as 15 years ago. The appropriate way to deal with these problems would be for Congress to declare such subject matter to be unpatentable.


Photo from the public domain

Part of the problem may be attitudinal, and it includes the likes of Facebook and its junk patents. Those patents are not just defensive and they were reported as morally offensive just weeks ago. The company now uses them to defend its monopoly through a lawsuit.

ACEBOOK FILED an intellectual property lawsuit against StudiVZ, a German company accused of operating a virtual replica of the social networking site.

Watch the ‘invention’. The writing of public messages from one person to another…

This isn’t too shocking given Facebook’s corporate neighborhood. It’s friends with Microsoft and with Amazon (of 'one-click shopping' infamy), both of which are aggressive with patents too. The CEO is even a close (visiting) friend of Microsoft executives. Here are just a few recent articles of relevance:

1. What does the Microsoft “partnership” with Facebook mean for users?

First, Microsoft had a very instructive failure with Passport, and the “Hailstorm” effort of which it was a part.

2. From Business Journal: [expired now]

In a collaboration with Redmond-based Microsoft Inc.’s Popfly, Facebook users can create applications and add them to the profiles with no programming.

It was actually over a year ago that Facebook users were discouraged from participating if they dread becoming Microsoft’s inheritance (like Hormail).

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

2 Comments

  1. aeshna23 said,

    July 22, 2008 at 3:51 pm

    Gravatar

    I called Senator Casey’s office urging him to vote against software patents and told his aid about the dangers of the Anti-Counterfeiting Trade Agreement. The aid was quite bored, but managed to squeal out the word “open-source”. I suppose to be effective we need a more organized campaign.

  2. Roy Schestowitz said,

    July 22, 2008 at 4:01 pm

    Gravatar

    There’s some good news about the former:

    “The Death of Google’s Patents”
    http://www.patentlyo.com/patent/2008/07/the-death-of-go.html

    Some interpret this as the beginning of important change. Will post an update tomorrow.

What Else is New


  1. Links 23/5/2013: Threat to Civil Rights in UK, KDE 4.11 LTS

    Links for the day



  2. Links 22/5/2013: Debian GNU/Hurd, New Go Language Release

    Links for the day



  3. The FRAND Apple-Microsoft Conspiracy Attempts to Destroy Android/Linux, Ban Imports

    How Microsoft and Apple are using patents in bulk (sometimes acquired in unison, e.g. from Novell and Nortel) to artificially lower market saturation of the Android operating system or drive costs up



  4. Gates Foundation: Buying Influence for Bill's Ego and Bill's Profit

    New examples of power being acquired and investments (i.e. for profit) being funnelled into the beneficiaries



  5. Bill Gates Enters Financial Centres With His Goons Becoming US Budget Chief, Top Bankers

    How Bill Gates' staff is entering positions of financial power, indirectly giving Gates power over US (national and international) finance



  6. IBM Ignores Small Companies' Interests, Denies Patent Scope is a Problem, Focusing on Its Own Problems (Trolls) Instead

    How David Kappos and IBM (his longtime employer) continue to ignore the obvious problem which kills small businesses and everyone is complaining about



  7. The New York Times Publishes Factually-Flawed Patent Propaganda Benefiting Microsoft and Apple

    Eamonn Fingleton is rewriting history in the US' top newspaper, insinuating that patents contributed to the rise of software duopolists



  8. Software Patents Eligibility Likely to be Decided by SCOTUS

    Analyses suggest that an escalation by appeal to SCOTUS is likely to be the next stage in 'Bilski 2.0'



  9. Does Bill Gates Try to Flush GNU/Linux Down the Toilet in Kerala?

    Renting Microsoft software rather than using Free (as in freedom, or libre) software?



  10. Links 21/5/2013: Handbrake Turns 0.9.9, NetBSD 6.1

    Links for the day



  11. Links 20/5/2013: First Salifish Smartphone, Mageia 3 Released

    Links for the day



  12. Microsoft Corruption (Illegal Tenders) Stopped by European Court

    Microsoft cannot bypass public tenders, based on a ruling from a court of law in Europe



  13. Not Satire: Microsoft Wants to Show the World How Security is Done

    Software security 'standard' to be led by the company which made insecurity an acceptable engineering practice?



  14. Microsoft is Struggling to Maintain Industry 'Standards'

    With Microsoft's common carrier and browser share down considerably Microsoft finds itself increasingly irrelevant and it tries subversive means of making another comeback



  15. Microsoft Entryism and Bribery Get the Microsoft Way Implemented

    A recollection of very dirty tactics from Microsoft, which uses money to oppress, overthrow, and even hijack its opposition



  16. Patent Policy Laundering in the European Union and New Zealand

    How the so-called 'free' trade agreements help spread patent policy which favours software patents



  17. Ongoing Focus on Patent Litigation and Patent Trolls Reduces Focus on Software Patents

    The problem with increased focus on the players that use software patents litigiously and the litigation itself



  18. Andrew Y. Schroeder Shows That Patent Lawyers Are Sociopaths

    Bully and law misuser is trying to get his way with foul language, intimidation, and sheer lack of professionalism



  19. IBM-backed Book on 'Open Innovation'

    OpenForum Europe (OFE), which helps IBM's turf wars in Europe, releases a new book filled with its talking point



  20. Joseph E. Stiglitz Criticises the Patent System

    More critical words about the patent system and the way it is harming lives



  21. Senator Schumer Should Focus on Software Patents, Leaving Patent Trolls (Side Effect) Aside

    Reform in the USPTO and the US courts should focus on patent scope and not patent holders



  22. Links 20/5/2013: Plenty of Linux News, Google/Android Announcements

    Links for the day



  23. IRC Proceedings: May 12th, 2013-May 18th, 2013

    IRC logs for May 12th, 2013 (and subsequent days until May 18th, 2013)



  24. Microsoft Spin Regarding Skype Spying Does Not Withstand Scrutiny

    Microsoft's response to allegations that Skype is spying on all users is full of holes



  25. MPEG-LA Ruined the Licence of WebM, Made it Less Freedom-Respecting

    The Microsoft-, Nokia-, and Apple-backed patent troll appears to have ruined the freedom assured by Google's multimedia format, which was previously made free only after public pressure



  26. Microsoft-controlled Nokia is Lobbying to Enable Bans on Android Imports (Linux Phones as a Whole in Danger)

    Nokia is shown lobbying for embargoes while it is also suing -- with limited success -- Android handsets makers



  27. Courtroom and New Book Recognise That Software Patents Correspond to Mathematics and Mathematics Abused in Court

    Important observations about the nature of computer-implemented 'inventions', or software patents



  28. The Reality Distortion Field of Patent Lawyers Helps Impede Abolition of Software Patents

    How widespread coverage and talking points from the tiny minority which is patent lawyers have contributed to biased and at times utterly distorted reporting on the subject of software patents around the world



  29. Eugene Kaspersky Says Patents Harm Innovation

    Some more criticism of the patent system and software patents in particular, courtesy of Eugene Kaspersky



  30. UEFI Restricted Boot Good for Microsoft Agenda, Not for Security

    News and analysis of UEFI 'secure boot' (lockdown), including the new role played by the Microsoft-funded SUSE


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

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

Recent Posts