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

09.06.08

Patents News: Philips Pirates, Candidates Wants Reform, Trolls Still on the Loose

Posted in Free/Libre Software, GNU/Linux, Google, Law, Microsoft, Patents at 9:42 am by Dr. Roy Schestowitz

Nathan Myhrvold

With Patent Pirates Like Philips, Who Needs WIPO?

Patent Pirates shall be a term which refers to large companies that attack smaller ones with the help of armed “pirates”; this is not to confused with patent sharks, also sometimes referred to as patent trolls. If big companies are allowed to daemonise sharing of knowledge or information using words like “pirates”, why can’t we?

The racketeers from Sisvel [1, 2, 3] may soon be served some justice for taking the law into their own hands. This blow-your-kneecaps-or-pay-for-patents firm may have its proprietor, Philips, be taken to court for its illegal (never mind excessively aggressive) raids on potentially-legitimate products.

Electronics giant Philips is being threatened with legal action following raids at a major German trade fair sparked by Sisvel, the Italian licensing company. Sisvel. which administers patents related to MP3 technology on behalf of a number of companies including Philips, asked German customs authorities to take action against a group of exhibitors at the fair, claiming that products they had on show were infringing.

If a lesson is worth learning here, it is the lesson that large companies like Philips do their ‘dirty work’ via proxies that have no products and hardly even a public face. Recall Microsoft and those Microsoft-occupied shell companies like Acacia [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] and Intellectual Ventures [1, 2, 3, 4, 5].

Crisis of Intellectual Monopolies

Whereas McCain seems likely to encourage more of the same [1, 2], the following post suggests that both presidential candidates want a patent reform.

Intellectual property advisors to both US presidential candidates have said that the US patent system is in need of reform. The advisors told a meeting at last week’s Democratic Conference that patent quality must be improved.

Perhaps it’s true that there will be a reform. Maybe a reform for the worse (a deform), assuming AT&T’s desires are eventually fulfilled.

It’s interesting that AT&T is bragging about its pursuit of “more patents” rather than, say, more R&D spending or more innovation. AT&T isn’t exactly known for its record of high-tech innovation, so it’s a little surprising to see it hold itself out as a poster child for the patent system—particularly when we remember that AT&T and other telco incumbents have used the patent system to extort tens of millions of dollars from companies like Vonage that are actually innovating.

AT&T for patents

Free Software Magazine has this good new article about the adversities at play.

Intellectual freedom versus intellectual property

The liberation of information has been going on for a long time: one might say for all of human history, as history itself is one of the oldest forms of information sharing. There are several major landmarks dotting that course, which I might point to: the invention of spoken language, of writing, of ink and paper, of block printing, movable type printing, digital typesetting, electronic distribution, and most recently, the internet.

Each of these steps has produced an opening up in the exchange of information, resulting in more efficient technological progress, followed by additional steps in increasing our communications abilities. These steps have been associated closely with massive and rapid improvements in science, health, and standard of living, for most of human history. And, despite post-modernist angst, the reality is that there aren’t many of us who would genuinely trade our present lifestyle for that of our ancestors: especially if we consider the additional pressures imposed by population growth.

Bad, Bad Software Patents

Watch how the TiVo patents saga unfolds. With its software patents used offensively, TiVo is clearly no friend of Free software, despite its adoption of the Linux kernel. [via Digital Majority]

Another change is that TiVo won a key lawsuit against Dish Networks. In that lawsuit, a federal court ruled that Dish’s recording devices infringe TiVo software patents. In fact, a hearing begins Thursday in federal district court in the Eastern District of Texas on how the penalties against Dish will be enforced.

Another integral part of this problem is Amazon, which has been awarded a patent on a bunch of nonsense. Tech Dirt has the dirt on Amazon:

theodp writes “Amazon was awarded a patent Tuesday for its Interactive Time-Limited Merchandising Program and Method for Improved Online Cross-Selling, which appears to be lawyer-speak for presenting customers with one limited-time offer after another until they finally bite on one or decline them all. So be careful – the next time you offer folks 10% off on a garden rake if they purchase it within sixty minutes after declining to buy a saucepan, you could be guilty of patent infringement!”

At a lower scale, the Sheldon Goldberg troll [1, 2, 3] is still keeping busy.

Patent Troll Strikes Again! Targets: AOL, Digg, Google, and Yahoo!

They’re all targets in a lawsuit filed by a Mr Sheldon Goldberg, a patent-bearer who’s infamy as a conniving troll stretches back to 2004, when he began to go after companies for purportedly infringing on a couple of his holdings. His aim: to seek legal (and financial) restitution for all things solitaire related. Or most all things, anyway.

Yes, you read it right. Solitaire. The still-phenomenally-popular card game. That’s his beef.

More patent troll ammunition is up for sale. It’s funny to see how it’s being marketed.

“In addition to the pay-per-call application, our click-to-call
patented technology has many other applications, including but not limited
to search-engine-results, online directories, websites, advertising
banners, auction-site postings, branded desktop buttons, and any
communication delivered via email such as newsletters, statements, order
confirmations, opt-in email campaigns, all part of the online advertising
world. Our patent protection goes back to May 1999. Our portfolio of
patents claims the front end to any ‘click-to-call’ transaction, no matter
where the ‘click-to-call’ technology is utilized,” says Liebster.

So here they are. Thriving in a broken system that nobody really wants, yet nobody wants to repair, either; promises alone don’t repair a system. Is implosion the only way out of this?

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. Patents Roundup: Bad Quality (USPTO), Bad Analysis (India), Bad Microsoft, Bad Actors (Trolls), Bad Scope (Software Patents), and the Ugly

    A mishmash of news about patents, mostly regarding the United States, and what can be deduced at the moment



  2. Links 26/6/2016: IceCat 38.8.0, Wine 1.9.13

    Links for the day



  3. 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



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

    Links for the day



  5. 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



  6. 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



  7. 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



  8. 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



  9. 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



  10. 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



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

    Links for the day



  12. Interview With FOSSForce/All Things Free Tech

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



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

    Links for the day



  14. 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



  15. 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"



  16. 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



  17. 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)



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

    Links for the day



  19. 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



  20. 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



  21. 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



  22. Caricature: Bygmalion Patent Office

    The latest cartoon regarding Battistelli's European Patent Office



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

    Links for the day



  24. 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)



  25. 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



  26. 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)



  27. 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



  28. 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



  29. 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



  30. 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


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