Bonum Certa Men Certa

Patent News: The Big Myth, Microsoft vs. Avistar, Trolls, and Urgent Reform

Patents as a tool that protects the 'small inventor' may be a Big Myth. They only protect monopolies and feed patent trolls that are not the 'small inventor' but are rather the 'vicious lawyer'. It's about the investor, not the inventor, but that's not what many people were led to believe. Investors further monetary agenda, whereas inventors create new work and thus further science.



Here is the Big Myth again, from the latest issue (August) of IEEE Spectrum.

Patent attorneys charge between US $7000 and $15 000 to prepare and file a €­patent application. If only there were a cheaper way, a kind of poor man’s patent. But it just doesn’t exist.

Some people think they can protect their €­invention by writing a €­patentlike description of it and €­mailing the €­document to €­themselves, but this is no substitute for patent €­pending. At best, the letter shows that you €­conceived an €­invention by a certain date, but you’ll €­probably be able to prove that with €­engineering notebooks, e‑mails, dated PowerPoint presentations, and the like. Moreover, €­evidence of an €­invention’s conception date is €­useful only in a limited set of €­circumstances, most of which involve actually €­filing for a patent at some point in time. So save yourself the paper and the postage stamp.

[...]

Patents are expensive, no doubt about it, and the requirements are fairly strict. But as my grandmother used to say, you get what you pay for.


This ending says a lot about insidious attitudes against Free software and pro patents. But there's a perfect example right from the news to squash this tired myth.

Microsoft-Avistar



Avistar is a rather small business. Can its patents protect it from Microsoft? Haha, of course not. It's just how Richard Stallman put in it his good talks on this subject. His prose aside, you can't beat a Beast in 'Mexican shootouts'.

Earlier this year, Avistar Communications Corp. was in talks to license some patents to Microsoft Corp. when Microsoft threw it a curveball. The software giant asked the U.S. Patent and Trademark Office to re-examine all 29 of Avistar's patents.

[...]

Indeed, about a month after it disclosed Microsoft's challenge, Avistar, a San Mateo, Calif., maker of videoconferencing and collaboration software, cited the potential impact on its financial outlook as it announced plans to cut 25% of its work force, or 27 employees.


Needless to stress, this pretty much defeats the whole purpose of this system, which clearly does not protect the 'little guy'. It's just draining his/her money while making solicitors a helluva lot richer. Avistar, by the way, has just been awarded a couple of more stones US patents. They are junk, as usual, and they probably won't serve it well in this David-versus-Goliath duel. Here's the description:

The two new patents cover systems and methods for login-based routing of real-time communications (such as text instant messaging, VoIP and two-way video conferencing) between users employing a quick-dial panel (such as a buddy list) or a screen-displayed list or rolodex. Users can flexibly login at any number of devices or locations and can choose from a number of real-time communications options, including text-based real-time messaging.


Trolls



Trolls and small businesses are totally different creatures. The latter is developing, whereas the former is only ever litigating. Making money using infringements alone makes one a 'toxic leech' that's clung onto the patent system. The patent trolls to the USPTO are like ECMA to ISO. They are self-serving parasites that suck out money using loopholes and room for manipulation that exists.

Here is a good example of a company that turned from a developer into a leech, just like SCO. It gets its way, too.

RIM Pays Off Wi-LAN To Get Rid Of Another Patent Suit



[...]

Wi-LAN is a Canadian company that did some early work in the wireless field, but was unable to actually make much of a business out of its work, so it took the loser's route: it started suing lots of companies for patent infringement. It's the same old story: winners innovate, losers litigate -- and litigate seems to be about all that Wi-LAN does these days.


Guess where they are suing?

Wi-Lan filed the suit in the U.S. District Court for the Eastern District of Texas, Marshall Division — a court that is favored by patent-license companies seeking big judgments.


Watch the description of this company.

Wi-LAN, founded in 1992, is a leading technology innovation and licensing company.


Hold on to that thought. "Innovation and licensing company."

Time for Change



Digital Majority has found this good explanation of why it's time to call it quits.

Patent Weakness #1: The patent office is filled with lawyers not scientists/engineers.

The patent office has, for the past decade or so, been giving out patents for genes and software like Amazon’s One Click.

Pharma companies didn’t invent DNA or genes. They simply discovered the gene for a disease and thereby a possible path to cure. Why should anyone have to pay royalties for studying said gene or discovering a cure independent of the pharma that identified the gene.

In my opinion Amazon’s One Click patent was the epitomy of the stupidity of the patent office. The patent clerks kept arguing for prior artwork deomonstrating that someone else had already developed a One Click feature. This is ludicrous. The point of software is automate mundane tasks with a minimal amount of information and work by the user. So what does One Click do fundamentally different than any other button on any other piece of software?


Mike Masnick has explained why there should not be such thing as "intellectual property" simply because abstract intellect is not a property. It's ideas, which are not concrete, except for in the La-La land where monopolists desperately try to establish more monopolies that transcend implementation (already protected by copyrights) and brands (protected by trademark law). Masnick's assertion is backed by others:

We've pointed out in the past why it doesn't make much sense to treat "intellectual property" as "regular property," since it ignores some very important differences between the two. James Bessen and Michael Meurer, who wrote the recent book Patent Failure have always taken a slightly different approach.


Over at the European patent system. Dr. Berthold Rutz argues that collaboration pretty much renders the notion of patents moot. But here are his exact words [PDF]:

The powerful paradigm of open and collaborative innovation is no longer limited to the area of software development but has found proponents in other technical fields such as consumer goods, pharmaceuticals and automotive. Are traditional forms of intellectual property protection such as patents, copyrights or design rights still appropriate in a world where knowledge is increasingly shared and innovation becomes a collaborative process? What role will IP rights play in the future and what challenges will they face?


Also worrisome is the ACTA, which is a great risk to Free software. Glyn Moody explains once again why it must be shot down.

Basically, it is an attempt to bring in yet more punitive measures against alleged infringements of intellectual monopolies, with less judicial oversight and no pesky European privacy protection.

But the trouble with these kinds of crude instruments, cooked up in haste without much deep consideration of their knock-on effects, is that they can backfire.

Here, for example, is a letter to the US Trade Representative from a bunch of big names, including Amazon, eBay and Yahoo. They have noticed a few tiny probs with ACTA:

We appreciate your objective of protecting the intellectual property of American rightsholders from infringement overseas. However, in light of these European decisions, there is a very real possibility that an agreement that would require signatories to increase penalties for “counterfeiting” and “piracy” could be used to challenge American companies engaging in online practices that are entirely legal in the U.S., that bring enormous benefit to U.S. consumers, and that increase U.S. Exports.

Is this rich, or what? Here we have a trade agreement that is essentially trying to export the insanely aggressive US system for dealing with alleged infringements to the rest off the world, but when it works the other way – with European norms exported to the US – suddenly, that's a problem.


The DHS, realising that people are unhappy with the idea of laptop confiscation or warrantless probes, has just issued this 'damage control' page [via Simon Phipps]. The comments are more interesting than this face-saving post.

For more information about the ACTA and its impact, consider reading the articles below.



Comments

Recent Techrights' Posts

Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
 
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024
Russia develops an alternative to Android and iOS | News.az
Russia already has several of its own operating systems
Links 14/08/2024: Ecology and War Inside Russia
Links for the day
Daniel Pocock - Use of Technology in European Parliament Election Campaign (Public Talk)
It starts in 4 hours
Android About to Fly Past Windows in Portugal
Perhaps by month's end or next month Portugal will be orange (Android majority)
How OpenAI Will Decrease the Losses
You have no losses when you have no users left
Giving Control to Microsoft is Always a Dire, Huge Mistake
Microsoft is known for buying things and sabotaging things, not for creating things
Founders That Sell Their Company to Microsoft Speak Out
"Microsoft's closure of Arkane Austin in May was one of the more shocking events of the past couple of years"
In Chile, Microsoft's Web Browser (a Chrome Copycat) Fell to 3.6%, About the Same as Firefox and Opera and Less Than Safari, Yandex Browser, Google Chrome
It does not look like Chileans fancy Microsoft's browser. They go out of their way to use something else, even on Windows.
Software Freedom in Perspective - Part 4 - Daniel on Linux-based Mobile Platforms in LATAM (Latin America)
GNU, Linux, and mobile
Almost Nothing of Invidious Left Online (YouTube is Attacking Gateways)
what it looks like at this very moment
Gemini Links 14/08/2024: Funeral for an E-reader and a Mother Wants a Laptop
Links for the day
Links 14/08/2024: 8 Years of GDPR and Ridicule of "Hey Hi" (AI) Hype
Links for the day
This is How You Give Microsoft More Control Over LibreOffice Both as Software and as a Project
Didn't the Document Foundation learn from prior Microsoft Store scandals connected to LibreOffice?
"Heroes of Fedora" Are Just Salaried Employees of IBM (But "Community" is Just Sounding a Lot Nicer)
A real community would not allow IBM a majority
YouTube Has Thrown Free Software Users Into a Crisis
For many Free software users, who rely on Invidious, YouTube is nearly dead already
[Meme] "New Chapter in the FSF."
We expect to have some coverage from this week's event
There is No I in "GAFAM" and Soon There Won't be I At All (Like Novell Vanished, Not Overnight, as It Took Over a Decade)
Intel is going through the biggest crisis in its entire history
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 13, 2024
IRC logs for Tuesday, August 13, 2024
It's a "sm0l" World and It Won't Outsource to the Pentagon Anymore
As many people aren't interested in a new PC - or simply cannot afford one - we can expect leaner operating systems to gain further
Software Freedom in Perspective - Part 3 - GNU/Linux in Argentinian Desktops/Laptops
Daniel explains why many years ago many PCs shipped with GNU/Linux and that there was an economic reason for it. At least in Argentina.
Tivoisation and Decommodification in Clown Computing
Some firms or organisations lost sight of what "servers" or "hosting" even mean
The News Vacuum
The problem is worse than just an absence of reporting
x86 Lowered the Standards of Hardware Products
A lot of it is just hacks and cheats that help fake performance