Bonum Certa Men Certa

State of the Intellectual Bully: Patent Raids, Trolls, and Microsoft

Here is another quick roundup of patent news.

FSF



The Free Software Foundation is joining the good fight against software patents.

In addition, the FSF is planning to hire a new manager for its End Software Patents campaign.


India



The FSF is also active in Chennai (Madras), where the existing problems [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] are being discussed and will hopefully be tackled.

With FSF and ILUGC friends, also representing our LoCo Community attended the Patent Manual - Stake Holder’s Meet held at Intellectual Property Office, Guindy, Chennai.

The Manual has provisions for bringing in Software Patents in cases what it claims to be “Software combined with Hardware”. We expressed our concerns on it and the ambiguity over the term used.


Here is another long article about software patents and India. It was published just a couple of days ago.

India for its part seems to have adopted the more conservative approach of the European patenting norms for software. But the Ordinance definitely has its use and relevance in today’s India, particularly for our growing domestic semi- conductor industry. This, along with judicial tempering might definitely ensure a judicious use of patent protection while allowing the industry to grow through innovations and inventions, thereby, mitigating the risks of trivial patents chocking the life out of real innovations and inventions. This is the reason a patent should always be treated as a “double edged sword”, to be wielded with caution and sensitivity. Now whether, in reality this will be implemented on a rigid basis or will become broad in scope through application (as in the U.S.), and, more importantly, whether the Ordinance would, in fact, result in increased innovation and inventions in the software industry, remains to be seen.


Extremity Kills the System



There is still a certain state of unrest as the world fights back. An expert of the subject was quoted in The Register saying that a lenient and careless patent system can have devastating effects on the economy. Software patents are a good example of going too far.

Intellectual property laws which were designed to protect inventors are actually stifling innovation, according to a leading US law academic.

Michael Heller, an academic at Columbia University in New York, told technology law podcast OUT-LAW Radio that intellectual property laws are being used to stop new products and services being made.


More can be found here and this paper is strongly recommended.

Here is what happens when patents turn violent.

Armed agents search for patent infringers

[...]

A spokesman for German Customs told us: "We've raided 69 companies today. We have seized equipment including flatscreen TVs, CD players, set-top boxes and MP3 players."


Yes! This is innovation. Feel the excitement.

This also happened 6 months ago and was mentioned here. Also 2 years ago.

There have been long discussion about this in the IRC channel today. Doug quotes a new press release: "Effective August 26th, 2008, licenses under those DVB-T essential patents will be available from SISVEL as an alternative to negotiate separate licenses with the individual patent owners." Zoobab says that Sisvel is a Philips proxy using the same extorsion tactics as Philips and Doug believes that it's one way of getting a choke hold on the Media. He also adds this pointer [PDF], then saying: "This is a HUGE story. Why isn't the main stream press covering it?"

Elsewhere in the news, the fight between Qualcomm and Broadcom continues.

The legal drama between wireless chipmakers Qualcomm and Broadcom continues this week.

On Thursday, the companies said a federal judge has ruled that Qualcomm is in contempt of an injunction that bans the use of patented wireless technology owned by Broadcom.


Patent Trolls



Watch this from news:

Patent-licensing and enforcement company General Patent Corp International has reached a settlement with Motorola over a disputed patent belonging to one of GPCI's clients, Digital Technology Licensing.


Mind the names: "General Patent Corp International" and "Digital Technology Licensing". Are these classic names for patent trolls or what?

Software patents monster Blackboard [1, 2, 3], which is associated with and funded by Microsoft, is still fighting for its abusive business strategy, which revolves around intimidating rivals with ludicrous software patents. Here are some of the latest developements. [via Digital Majority]

The U.S. Patent and Trademark Office has rejected a request by Blackboard Inc. for a temporary halt in the office’s review of a software patent the company holds concerning course-management systems.

This year Blackboard won a lawsuit in federal court against a rival software company, Desire2Learn, for violating the patent, though Desire2Learn has appealed the decision. Meanwhile, Desire2Learn had formally challenged the validity of the patent with the patent office, arguing that it is overly broad and covers technology that other companies had developed before Blackboard filed its patent. The patent office issued an initial verdict in March that rejected all 44 of the claims that make up Blackboard’s patent. But that review is “nonfinal,” meaning that the review is still underway.


Microsoft



A patents lover called Microsoft is aiming for embargoes again. We first saw such behaviour a month ago and it seems to be the beginning of a pattern. Microsoft has turned offensive with its patents. From the news:

1. Gov't grants Microsoft's request for imports probe

Horacio Gutierrez, a Microsoft vice president, said the company filed its request with the ITC last month after trying unsuccessfully for several years to reach a patent licensing agreement with Primax.

The ITC performs economic research on trade agreements and investigates unfair trade practices. The agency has the authority to bar imports that infringe U.S. patents and trademarks.


2. "ITC Will Hear Microsoft Complaint Against Taiwanese Co.

The U.S. International Trade Commission will investigate a patent infringement complaint filed by Microsoft against a Taiwanese company.

In the complaint filed July 30, Microsoft alleges that Primax Electronics infringes the software giant's patents used in peripherals including keyboards and mice. Microsoft is asking the ITC to ban the importation of the products.


3. Microsoft achieves U.S. review of mouse complaint

At the end of the day, Microsoft pretends to be just a poor and innocent victim in a messy system. That's not the case. Also noteworthy is the fact that Microsoft targets a Taiwanese company only a week and half after Taiwan had filed a formal complaint against Microsoft.

The 'Page Up'/'Page Down' patent from Microsoft was mentioned in [1, 2, 3]. This is so utterly ridiculous that the press is still paying attention to it.

Microsoft has been granted a patent on 'Page Up' and 'Page Down' keystrokes.

[...]

Microsoft has a long history of applying for, and being granted patents for, inventions that many argue — and can sometimes demonstrate — were based on earlier work carried out by others, or based on a common, self-evident idea.


More in John Dvorak's blog.

Microsoft has a new business model, and it ain't about fixing Vista or just marketing it aggressively. It's likely to do with litigation, either directly or by proxy.

Nathan Myhrvold

Recent Techrights' Posts

In Norway, Android/Linux Has Just Hit All-Time High (First Time Since 2020), GNU/Linux Already Very Prevalent
Despite its small population size, Norway gave us Qt and many other things
Microsoft's Mass Layoffs Very Wide-Ranging, Media Focused on Gaming Though Microsoft Mass-Firing Lawyers and "AI" Staff (Contradicting Its Supposed "Investment" in "AI")
Microsoft plans to fire almost half a thousand people in legal roles
2012 Article About the Free Software Foundation Blasting Canonical/Ubuntu Over Adoption of "Secure" Boot (Microsoft's Remote Control Over GNU/Linux Since PCs' Power-on)
By Katherine Noyes (article has since then became 404, not found)
Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
 
Links 19/07/2025: Techtarget to Cull 10% of Staff, New Threats to Free Press in the US (Home of Dangerous and Violent Stranglers From Microsoft)
Links for the day
Gemini Links 19/07/2025: "Climate Justice” and Forking Programs
Links for the day
What Wayland and Microsoft/IBM systemd Have in Common
focus on what IBM (Red Hat) is pushing while running over critics.
Linux Already Has About 60% of the "Market"
"When mentioning the client side," opines an associate, "it is essential to recite the list of other markets where Microsoft is negligible or a no-show. It is repetitive to do so, but it needs saying -- often."
Finland (and NATO) Must Move to GNU/Linux and Dump Microsoft Even Faster
"Microsoft is not a technology problem, it is a staffing problem."
The Microsofters We Sued Helped Microsoft Make GNU/Linux 'Expire' This Year
"Linux and Secure Boot certificate expiration"
linuxconfig.org Joins linuxtechlab.com and Others, Becomes a Slopfarm With Fake Linux 'Articles' (LLM Slop)
They contain "linux" in their domain names, but they are just slopfarms
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
Gemini Links 18/07/2025: Alhena 5.1.8 and Bornhack 2025
Links for the day
How to Top Up a "Limited Liability" With Even More Limitations (Dodging Accountability in the UK)
Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
Free Software Foundation, Inc. (FSF) Inches Towards 75% of Fund-Raising Target
Will the cutoff date be extended again?
Gemini Space (or Geminispace) Grows, But Usage of Certificate Authority Let's Encrypt Drops Further
Ideally, all Gemini capsules should use self-signed certificates
Links 18/07/2025: More Microsoft Layoffs in Activision, The New Stack (Sponsored by Microsoft) Complains About Openwashing
Links for the day
Gemini Links 18/07/2025: OCC25 Gnus for Reading Usenet and RSS Feeds, Small Web Updates
Links for the day
[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
"As LLM slop is foisted onto the WWW in place of knowledge and real content, it now gets ingested and processed by other LLMs, creating a sort of ouroboros of crap."
Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025
Gemini Links 17/07/2025: "Goodreads for Gemini" and Defence of "The Small Web"
Links for the day
Links 17/07/2025: Anger and Morale Issues at Microsoft, Wars and Conflicts Get Digital
Links for the day
CALEA / CALEA2 is the Real Problem, Not Chinese Operatives Exploiting CALEA / CALEA2 (as Any Other Nation Can)
CALEA / CALEA2 is more of a front door than a back door
99.99% Uptime in First Half of 2025
Since January there was only one noticeable outage
Nils Torvalds and Anna "Mikke" Torvalds (née Törnqvis) Hopefully Use GNU/Linux by Now
"Torvalds Family Uses Windows, Not Linus’ Linux"
Attack of the Slopfarms
FUD-amplifying bots with slop images, slop text (LLM slop)
When People Call a Best/Close Friend of Bill Gates a "Serial Rapist"
Good thing that the Linux Foundation keeps the "Linux" trademark ("Linux Mark") clean
Not My Problem, I Don't Care
Context/inspiration: Martin Niemöller
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
Microsoft Bankruptcy in Russia, Shutdown in Pakistan, What Next?
It seems possible that in 2025 alone Microsoft will have laid off over 50,000 workers
Life Became Simpler When I Stopped Driving and I Don't Miss Driving When I See "Modern" Cars
Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
EPO Jobs Are Very Toxic and Bad for One's Health
Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025