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

09.01.08

Patents Roundup: China, Theft, TiVo, and Microsoft

Posted in Asia, Europe, Free/Libre Software, Law, Microsoft, Patents, Virtualisation at 7:48 pm by Dr. Roy Schestowitz

Patents Draft Amendment in China

While software patents are not mentioned (not explicitly anyway) in the following draft amendment, alternations to policies are outlined. [via Andy Updegrove]

Less than three months after the State Council put its stamp on the patent law reform blueprint, the government yesterday submitted the draft amendment to the Standing Committee of the National People’s Congress (NPC), the top legislature, for first reading.

[...]

Another important change is the proposed removal of the statutory requirement for all Chinese individuals and entities to first file applications in China for inventions made in the country. The revision would allow Chinese individuals and entities to file their patents for the first time in other countries, not necessarily China.

Intellectual Pirates Attack with Arms, Break the Law

Intellectual monopolies fancy labelling their customers “pirates”, but they are often blind to their own behaviour which includes theft (confiscation).

German Customs officials have raided several stands at this years IFA trade show in Berlin, including Emtec’s, MSI’s, and Xoro’s. The officials are acting on behalf of Sisvel, which has a stand in Hall 2.2 at this year’s IFA.

We wrote about this a few days ago and it turns out to be a violation of the law. [via Digital Majority]

Berlin Court condemns Sisvel’s IFA seizures as ‘illegal’

[...]

Today Sisvel, Europe’s very own “patent troll”, was given a serious blow by a Berlin Court. Sisvel convinced German public prosecutors to provide some helping hands in pressing companies in the mp3 audio field to take licenses under patents, owned by Philips and other companies.

So, while they pretend to be enforcing the law by taking it into their own hands, what they actually do is break the law, unlike their innocent victims, whom they rob over software patents.

TiVoization, Software Patents, or Both?

TiVo’s affinity for patents is a problem which was brought up in the past. This unnecessary and confrontational habit carries on, which leads to more questions about the company’s commitment to the GPL’s philosophy (TiVo uses the Linux kernel).

Shares in TiVo dropped 23 cents, or 2.9 percent, to $7.73 in extended trading. Before the earnings report the stock had risen 5.7 percent to close at $7.96.

During a conference call, interim Chief Financial Officer Cal Hoagland said TiVo will face increased expenses in the current quarter, including holiday-related marketing and costs related to an ongoing patent battle with Dish Network Corp. A Sept. 4 court date has been set as TiVo seeks to collect on the $94 million it has been awarded in damages.

Akamai is another company that uses GNU/Linux and is not shy about patents.

Microsoft

A quick little search in Google reveals quite a few Microsoft patents that may contain the term “.NET”. Fortunately, for a few consecutive weeks now, KDE has not committed changes that contribute to Mono. It’s important to remember where Microsoft comes from.

The hypocrisy of Microsoft’s position in this issue is blatant – in 1983, Gates complained about theft of intellectual property:

“Imagine the disincentive to software development if after months of work another company could come along and copy your work and market it under its own name…without legal restraints to such copying, companies like Apple could not afford to advance the state of the art.” (Gates)

Meanwhile, Microsoft continued to build upon the PC-DOS / MS-DOS product with intellectual property stolen from others. An example of this can be found in Microsoft’s theft of intellectual property belonging to Stac Corporation:

“During that conversation, Mr. Chase admitted that, during Microsoft’s “normal due diligence process,” Microsoft had concluded that the DoubleSpace data compression utility of the MS-DOS 6.0 operating system software infringed Stac’s ’009 patent, one of the two patents in suit.” (Stac Electronics vs. Microsoft Corporation).

Microsoft was perfectly aware in advance that what they were doing violated a Stac patent, and yet they continued on their way. Ignoring the Stac patent afforded Microsoft the ability to add a useful feature to MS-DOS in a timely manner; the DoubleSpace technology in MS-DOS 6.0 was one of its major features (Huxford), especially for those with older or portable systems.

Despite its age, this article as a whole is recommended reading. It’s a story about a ‘pirate’ that grew and then started calling everybody else ‘pirates’. It’s the definition of hypocrisy at its finest. Microsoft also shouts out “monopoly” or "privacy offenses" at Google now.

“Hey, Steve, just because you broke into Xerox’s store before I did and took the TV doesn’t mean I can’t go in later and steal the stereo.”

Bill Gates, Microsoft

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 22/11/2019: Slimbook’s GNU/Linux Laptops, Kubernetes Hype

    Links for the day



  2. Techrights is Still a Team Effort

    Getting involved in what we do is not difficult and it is even encouraged



  3. Guest Post/Off-Topic: Koalas Caught in Australian Bushfire

    Australian volunteers and rescuers need help to rescue helpless animals facing danger



  4. Global Patent Warming

    The old term "Global Patent Warming" comes to mind when one assesses the neoliberal approach of today's EPO, where the sole goal is making piles of money by granting loads and loads of illegal European Patents



  5. IRC Proceedings: Thursday, November 21, 2019

    IRC logs for Thursday, November 21, 2019



  6. Teaser: “Enriching Exchanges”

    Ahead of the fourteenth part in the Breton series this old tweet seems increasingly relevant



  7. Web Site Which Exposed Microsoft Crimes is Gone From the Web, But Copies Still Exist

    Reputation laundering operations of Microsoft tell us that Microsoft is a 'new' and 'reformed' company; but Comes v Microsoft documents serve to show that little has changed



  8. Understanding Thierry Breton: Socialising With the Elite

    "Bernadette Chirac is not the only Presidential widow with whom Valerie has close connections."



  9. Justice Peter Huber Speaking to a Front Group of Team UPC May Compromise the Integrity of the FCC and Its Outcomes

    The public reaction, even from some legal professionals, isn't too positive, seeing how judges from BVerfG (FCC) speak to the mouthpieces of Team UPC (biased and in the pockets of the litigation 'industry')



  10. Injustice at Every Level Would Simply Doom the Entire Patent System

    Repeated failure to restore the Rule of Law and enforce accountability/oversight in Europe's patent system renders the entire system moot; it is a case of adherence to basic constitutional pillars



  11. Understanding Thierry Breton: Thierry and the $100 Billion Man

    Thierry Breton's connections to the tax avoidance ploy of his friend Bernard Arnault



  12. Links 21/11/2019: Mesa 19.3.0 RC4, Canonical SPS

    Links for the day



  13. Links 21/11/2019: Charmed OSM, Mesa 19.2.5, DXVK 1.4.5, Zorin OS 15 Lite

    Links for the day



  14. Understanding Thierry Breton: Atos Healthcare - “The Ugly Face of Business”

    "...2,380 people died after their claim for employment and support allowance (ESA) ended because a work capability assessment (WCA) found that they were found fit for work."



  15. IRC Proceedings: Wednesday, November 20, 2019

    IRC logs for Wednesday, November 20, 2019



  16. Microsoft Tim: Microsoft is Now Defending Linux

    The difference between fiction and reality



  17. Justice Peter Huber of the German Federal Constitutional Court (FCC) Calls 'Bullshit' a Rumour Nobody Really Spreads

    A sort of 'trial by media' (by Team UPC) compromises the integrity of the case (constitutional complaint) and can be interpreted as judges succumbing to lobbying/pressure from those who conspire to violate many constitutions across Europe for personal/financial gain



  18. Understanding Thierry Breton: What Thierry Did Next...

    "Whether by coincidence or not, when Atos announced in 2010 that it would acquire Siemens’ IT unit, it was the 32-year-old Macron at Rothschild who advised Breton on the deal."



  19. Links 20/11/2019: HONOR MagicBook With GNU/Linux, Coreboot 4.11, GNU Health Patchset 3.6.1

    Links for the day



  20. IRC Proceedings: Tuesday, November 19, 2019

    IRC logs for Tuesday, November 19, 2019



  21. EPO Geared Towards Financial Exploitation of Europe Instead of Serving Europe

    For the financial benefit of law firms and patent offices (they profit from processing loads of patents and lawsuits) Europe is being reverted back to Medieval Times when exercising invention and free thought (or free coding) was a luxury of the rich alone



  22. Microsoft and IBM Are the Patent Trolls, They Won't Protect Us From Trolls

    "Microsoft has no taste" and IBM has no taste, either; they're lying to our collective face together with OIN and the 'Linux' Foundation



  23. How Ralph Nader Put It

    Ralph Nader on money in politics



  24. ZDNet (CBS) Associates GNU/Linux Users With ISIS

    Response to "US student was allegedly building a custom Gentoo Linux distro for ISIS," just published by ZDNet and composed by their biggest troll, Catalin Cimpanu



  25. Understanding Thierry Breton: Noël Forgeard and His “Golden Parachute”

    The end of the first half of the Breton series; in this particular part we continue to cover the EADS scandal and the second half of this series will include the EPO connections (the vote in a plenary for Breton's nomination is due 27/11)



  26. Links 19/11/2019: Zswap's B-Tree Search Implementation, WordPress 5.2.4

    Links for the day



  27. We've Already Entered the Era When Patents Should be Presumed Invalid

    The abundance of low-quality patents may mean short-term profits for patent offices and law firms; but we know at whose expense they are profiting and the legitimacy of patent systems suffers as a result



  28. Jean-Luc Breton

    Breton a champion of obstruction and obfuscation



  29. Understanding Thierry Breton: Insider-Trading Scandal at EADS

    Although Breton was not directly implicated in the insider trading scandal itself he did come under fire in 2007 for the role he played in a side-show to the main story, namely the payment of a generous € 8.5m severance package to Noël Forgeard when the EADS co-CEO was compelled to resign in June 2006.



  30. Startpage is Not Denying Its Betrayal of Privacy, It is Just Being Evasive

    They can't call you a liar if you issue a non-denying 'denial'; the "Roll Safe Think About It" meme seems applicable here


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

Recent Posts