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

10.20.08

Patents Roundup: Microsoft’s Own Patent Trolls Subjugate Indians; New Evidence of Ill Systems

Posted in America, Asia, Courtroom, Europe, Law, Microsoft, Patents at 11:10 am by Dr. Roy Schestowitz

Nathan Myhrvold

Microsoft Subverts and Patents While Its Trolls Exploit India

IT IS already known, as confirmed by Microsoft itself, that Microsoft is investing in the world's largest patent troll, which is also its own creation. This patent troll recently invaded and subdued India while Microsoft was working to subvert the law and breaking it by attempting to sneak in software patents.

There was a good deal of responses and angry reactions to this development amongst Indian bloggers who are able to understand what Microsoft and the likes of it are attempting to do. Here is some more new information about it. [via Digital Majority]

So it was interesting to read a report that the biggest ands scariest one of them all, Intellectual Ventures, founded by the redoubtable Nathan Myhrvold, had come to India. Intellectual Ventures, according to the Wall Street Journal, has more than 20,000 patents and patent applications “related to everything from lasers to computer chips”. Myhrvold was the chief strategist and chief technology officer of Microsoft before he sent up Intellectual Ventures, an idea that he owes to Bill Gates. Microsoft had a huge patent liability problem with a seemingly endless line of people suing the company for infringement of their patents. It was then that Myhrvold came up with the idea of accumulating patents under one roof to manage them better. His rationale: it is more efficient for companies to deal with him than thousands of patent holders. The transaction costs alone make it worthwhile for companies to pay Intellectual Ventures its steep fees.

[...]

Intellectual Ventures debut here [in India] coincides with the news that CSIR is considering a move to transfer its patent lode to an independent holding company that will manage it professionally. The patents would be monetised in various ways, licensing being one option.

Indians have already taken it to the streets (photograph below) after persistent attempts by American companies to monopolise knowledge along with their close Indian allies [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11].

Software patents protest in India

Slashdot reports that Microsoft has just patented something it never invented. The ‘inventors’ there appear to have no sense of shame.

On Tuesday, the USPTO awarded Microsoft a patent for the Automatic Censorship of Audio Data for Broadcast, an invention that addresses ‘producing censored speech that has been altered so that undesired words or phrases are either unintelligible or inaudible.’

This is what we once called "Innovation by Publicity."

Corruption

Software patents protest against EPO

Richard Stallman recently referred to EPO “corruption” which had led to street protests (pictured above), claiming that the system had been deliberately broken by those who seek only to maximalise profits. Corruption is just probably inherent in the patent system if the following new comment is correct.

Some judges of the CAFC are even patent attorneys. It is sure that those “specialized” judges have a serious biais in favour of patents. Some critics says that they even lowered the barriers of novelty, making easier to get patents.

This is also what a spanish expert said recently about the introduction of specialized patent courts in Spain.

So those patent judges have a bias towards the patentee, against the interests of the defendant.

Just like with the RIAA (alluded to in this post), there is appointment of judges that essentially constitute a puppet state. They serve their own interests, as well as — potentially — the interests of those who surround (or fund) them.

Historical Excavation of Knowledge

Software patents are no ‘fun’. They can truly waste one’s precious time, potentially years. To quote a tidbit from a recent confrontation:

“I would much rather spend my time and money and energy finding ways to make the Internet safer and better than bickering over patents.”

Dean Drako, Barracuda’s CEO

Here is a situation where digging up a 14-year-old newspaper column was necessary to trash a patent which was never supposed to be granted in the first place.

14-year-old newspaper column becomes prior art in patent litigation

[...]

GraniteGeek of the Nashua Telegraph illustrates how a newspaper article can become prior art in a patent litigation. It also illustrates (as does the Ciba-Geigy v. Alza case) that enablement standards for prior art can be looser than for patent applications.

How much money and labour was unnecessarily wasted here? Is this the best production model? This is innovation?? This is research and development???

The prior art maze must be immense. In light of Microsoft's slog against VMware [1, 2, 3, 4, 5, 6], it is interesting to find out just for how long VMware has been accumulating patents.

VMware and Patent #6397242 Go Back About 10 Years

[...]

Nice catch by Andrew Dugdell: it’s about 10 years ago that Scott Devine, Edouard Bugnion and Mendel Rosenblum filed patent #6397242, “Virtualization system including a virtual machine monitor for a Computer with segmented Architecture”.

Now that Microsoft has an 'insider' as VMware's chief, it’s unlikely that there will be retaliation in court. The company was sort of hijacked away from its founding fathers

Europe

The patents-, copyrights- and monopolies-obsessed Charlie McCreevy [1, 2, 3] is seen bringing up the subject of the Community patent again. It’s a back door to software patents, so caution is required.

The French EU Presidency will close by December 31, 2008, and if no deal is struck until that day, most probably there will be no Community Patent for a long time to come. According to McCreevy, the stumbling blocks are the linguistic and translation requirements, and the setting and distribution of annual fees to maintain the patent. In his speech he stresses that significant progress has been made since April 2007, and then comes to his belief in technical solutions.

Benjamin Henrion, one of the activists from FFII, writes the following comment in response to what seems like a lawyers-dominated system, which decides ‘on behalf’ of software developers.

Dear Mr Horns, As I said to a pro-swpat guy at the recent patent conference organised by the French Presidency, I am still waiting for your clarifications or proposals for drawing a line from the patent community. FFII has proposed that the contribution to the knowledge has to be in the physical field (forces of nature), I heard patent guys laughing about it, but I am still waiting for their critics on paper because laughing is not convincing anybody.

This truly seems like a system dominated by goons who exploit its self-inflicted fragile state in order to make money. They essentially ‘tax’ scientists, for personal gain. Did the world not learn anything from the ongoing financial collapse?

Stop Software Patents

What is the logic behind possessing mathematics anyway? Or cheaply-transferable knowledge if not freely-transferable information? We saw some good reception of the talks from Eben Moglen (over the weekend at least), so here is another insightful one, for which we have produced an Ogg Theora version.

Ogg Theora

There are always those who strive to mix sand and water. They are determined to make it stick. Such is the nature of O’Reilly-type literature, which produces textbooks on intellectual monopolies and Free software (yes, actually combining these two almost-contradictory notions). Here is the latest review of this book where there’s a reference only to “open source”.

The topic of Intellectual Property and Open Source does have a wide ranging audience for itself. With the seeming explosion of software engineering applications driven by web and e-commerce, this maybe a good book for grasping the finer legal details. The primary focus of the legal terms in this book are with respect to the U.S. Legal framework and sometime with European variants.

The Bilski ruling is due pretty soon. IAM magazine, which is worried about the renewed backlash against intellectual monopolies, is trying to remain optimistic on behalf of unnecessary solicitors. But it’s hard.

And talking of business method patents, it struck me last night that one consequence of the current turmoil in the financial markets is that we will see far fewer of them in the future, whatever happens with Bilski. After all, financial institutions have been among the major players in the business method patent field as they seek to protect innovative investing strategies, risk models and the like. However, there are not as many of these institutions as there were a few months ago, while those that are left are much less likely to be looking for new and exciting ways to make money. Instead, they will be going back to basics. If this is the case, patenting is going to be the last thing on their minds.

The motion against software patents is still going strong and there are some new “Stop Software Patents” videos that are voluntarily produced by concerned YouTube users. Here are just a few among the many new additions:

Patent Trolls

A few days ago we wrote about Azure Networks, which is a classic patent troll. Here is some more information that reminds us of the fact that they file the lawsuits in he most typical of venues: Texas. They probably hope for a quick settlement, i.e. money for nothing (but extortion).

Azure Networks LLC vs. Nokia Inc.

Plaintiff Azure is a Texas limited liability company with its principal place of business in Longview.

Azure claims it owns the rights to U.S. Patent No. 6,981,158 entitled “Methods and Apparatus for Tracing Packets” issued on Dec. 27, 2005.

Also, Azure claims it is the owner by assignment of U.S. Patent No. 7,302,704 entitled “Excising Compromised Routers From an Ad-Hoc Network” issued on Nov. 27, 2007.

the more encouraging news comes from Law.com, which indicates relocation of lawsuits may now be possible, thus mitigating the troll problem somewhat.

Companies being sued for patent infringement just got a get-out-of-the-Eastern-District-of-Texas-rocket-docket-for-free card, thanks to an en banc ruling from the 5th Circuit.

In a split 10-7 decision, the panel on Friday issued a writ of mandamus ordering Eastern District Judge John Ward to transfer a product liability case against Volkswagen to Dallas, where the car crash in the underlying case took place.

The majority wrote that “the district court clearly abused its discretion and reached a patently erroneous result,” when it denied Volkswagen’s efforts to have the case moved. The car company argued that the proper venue should be the district where the crash took place.

Although the case — a family suing over design defects in the Volkswagen Golf after a fatal accident on a Dallas freeway — has nothing to do with patent law, the circuit’s decision will have big implications for the flood of patent infringement lawsuits regularly filed in what has come to be known as the country’s most plaintiff-friendly venue.

All in all, a lot is still happening. This whole debate is about removal of patent hurdles and legal obstacles. Keeping a close eye on software patents news is important these days, even to those who do not give a damn about legal stuff. Paying attention to the big picture is the only way to resolve this puzzle. If it gets political, so be it.

“Geeks like to think that they can ignore politics, you can leave politics alone, but politics won’t leave you alone.”

Richard Stallman

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 23/5/2016: GNOME 3.22, Calculate Linux 15.17

    Links for the day



  2. 'Celebrity' Patent Trolls and the Elusive Battle Against Patent Trolls (or Eastern District of Texas Courts) Rather Than Software Patents

    Some of last week's more important reports, which serve to demonstrate how the system is attempting to tackle a side-effect of software patents rather than the patents themselves (their irrational scope)



  3. The Circus of Patent 'Reporting' (by Omission) on the Subject of Software Patents in the US and USPTO Bias

    look at some of the latest oddities in the US patent system and much of the reporting about software patenting (more or less monopolised by those who profit from it, not harmed by it)



  4. IP3 Demonstrates That Today's Patent Systems Devolve Into a Conglomerates' Game, Won't Protect the Mythical Small Inventor

    Multinational corporations bring together their shared interests and steer the increasingly-inseparable patent systems according to their needs and goals, but has anyone even noticed?



  5. Disrupting Battistelli's Distracting Propaganda: EPO Staff to Protest Again in About a Fortnight

    The overly extravagant (waste of money) EPO European Inventor Award will have to compete for media attention with thousands of EPO staff (in all EPO sites) marching in the streets to protest against the EPO's abuses



  6. Corrupting Democracy? Growing Frequency of Rumours That the EPO's President Battistelli is 'Buying' Votes of Small Member States

    Several sources suggest that rather than appease the Administrative Council by taking corrective action Battistelli and his notorious 'circle' now work hard to remove opposition from the Administrative Council, especially where this is easier a task to accomplish (politically or economically)



  7. [ES] Los Mitos de la EPO ‘Calidad’ de Patentes y de ‘Creación’ de Patentes: Basados en Ventas de Cafe y Trauma

    La carrera hacia el fondo, o la ridícula asumpción de Battistelli de que otorgar más y más patentenes más rápidamente (e.g. usando PACE) sería beneficióso a largo término, puede guíar al final colapse del valor de la EPO y la pérdida de su lárgamente ganada reputación a nivel mundial



  8. Links 22/5/2016: Systemd 230, Debian Installer Alpha 6

    Links for the day



  9. EPO Patent 'Quality' and 'Patent Creation' Myth: Capsule-Based Coffee Sales and Trauma

    The race to the bottom, or Battistelli's ludicrous assumption that granting more and more patents faster (e.g. using PACE) would be beneficial in the long run, may lead to the ultimate collapse of the EPO's value and demise of its long-earned reputation worldwide



  10. Guest Post: How Vista 10 Imposes Itself on Users of Windows

    A reader's experience being nagged by Microsoft, as documented and explained by this reader



  11. [ES] El Notorio Tirano de la EPO, Benoît Battistelli, Se Reune Con Otros Tiranos, Reportes de Que ‘Limpia’ el Consejo Administrativo

    El régimen de Battistelli, talvez la fuente de verguénza más grande, alegadamente está “cortejándo países pequeños/corruptos para asegurárse de que los delegados que votarón contra él serán remplazados”



  12. [ES] Comentadores Anónimos Debaten Si la EPO de Battistelli Puede Revocar las Pensiones de Empleados Que Se Atreveen — GASP — a Buscar Empleo Alternativo

    Una mirada a las causas de desesperación e imensa presión en la EPO, donde las pensiónes pueden ser cortadas como medio de represália y la gente puede ser negada empleo aún después de dejar la Oficina Europea de Patentes (EPO)



  13. [ES] Otra Casi Vacía Presentación de la EPO en La Hague

    El propagandístico “estudio social” de Battistelli (básicamente un montón de engañosas afirmacionesdisfrazadas como ‘investigación’) ayuda a demostrar que los empleados de la EPO no tiene absolutamente fe en la gerencia



  14. Links 21/5/2016: Manjaro Linux RC, Flock 2016 Schedule

    Links for the day



  15. USPTO Ignores a Lot of Cases Against Software Patents to Justify Resumption of More Software Patenting

    The US patent system (USPTO) is so obsessed with granting as many patents as possible -- even bogus patents in areas that are no longer patent-eligible -- that its guidelines are further perturbed and whose appeals board is massively overwhelmed/overworked/understaffed



  16. Notorious EPO Tyrant, Benoît Battistelli, Meets Other Tyrants, Reportedly 'Cleanses' the Administrative Council

    The Battistelli regime, perhaps the biggest embarrassment of Europe right now, is allegedly "courting smaller countries to make sure the delegates who voted against him will be replaced"



  17. Links 20/5/2016: Purism Tablet, ChromeOS PCs Outsell 'Mac'-Branded PCs

    Links for the day



  18. CAFC Rules Against Software Patents But Witness With Horror the Silence From Patent Lawyers (Bias by Omission)

    In an effort to protect software patents in the United States, where these patents came from in the first place (and continue to spread from), patent lawyers pretend not to see cases where software patents get invalidated and instead focus on the rare exception



  19. It's All Just Artificial Distractions From EPO Management, 'Yellow' Union Comes Under Scrutiny Again

    What's happening inside the EPO these days and what meaningless rubbish the management of the EPO would rather have the media obsessed with



  20. Anonymous Commenters Debate Whether Battistelli's EPO Can Revoke Pensions of Dismissed Employees Who Dare -- GASP -- Find Alternative Employment

    A look at causes for desperation and immense pressure at the EPO, where pensions can be cut as means of reprisal and people can be denied employment even after they leave the European Patent Office (EPO)



  21. Australian Productivity Commission's Research Calls for Ban on Software Patents, Davies Collison Cave Calls for Complaints Against This Finding

    As the push against software patents grows in Australia, much to the chagrin of Australian software developers, Davies Collison Cave (patent law firm) publicly calls for opposition, calling its side "the truth" and pretending it represents "Australian innovators."



  22. Links 19/5/2016: Wine-Staging 1.9.10, Android N

    Links for the day



  23. Another Almost Empty EPO Presentation at The Hague

    The propagandistic "social study" of Battistelli (basically a lot of misleading claims disguised as 'research') helps demonstrate that EPO staff has absolutely no faith in the management



  24. [ES] La UPC un Ataque No Sólo Contra el Público Europeo Pero También Contra los Empleados de la EPO

    El despido de los empleados actuales de la EPO y el remplazo del interés público por intereses corpórativos (intereses de grandes compañíás del otro lado del charco) es todo lo que la UPC realmente es



  25. Links 18/5/2016: ReactOS 0.4.1, KWayland in KDE Frameworks

    Links for the day



  26. Endless Harmonious Self-Congratulatory Praises From Self-Serving Law Firms in the Wake of Just One Pro-Software Patents Decision From CAFC

    The court that brought software patents to the United States has defended a software patent and patent lawyers want us to believe that this is an historic game-changing decision (potentially to be appealed by Microsoft, if Microsoft actually wanted to fight software patents)



  27. If Battistelli Stayed and UPC Became a Reality, Patent Quality at the EPO Would Get a Lot Worse

    The vision that Team Battistelli has for the EPO is an ENA-inspired neoliberal and corporatist vision that would bring the legitimacy of the system down to zero and the European economy to the brink of collapse



  28. Two Months Down the Line, Battistelli Has Done None of What the Administrative Council Told Him to Do; He Should be Sacked Next Month

    An informal but timely progress report shows that Battistelli has made no progress whatsoever and all the injustices remain in tact, in spite of the warnings from the Administrative Council (mid March)



  29. [ES] Al Abundar Patentes de Sofware, Free/Open Source Software Pierde, Mientras que los Abogados de Patentes Ganan Más que Nadie

    Impuestos al desarrollo — o el costo relaciónado con el caos de patentes — rápidamente creciéndo cada vez mas y en el caso del Free software rápidamente excede las ganancias por distribución, que usualmente es $0



  30. [ES] La UPC es Guerra de Classes (los Ricos contra Todo el Mundo), He Aqu el Porque de la Militarización de la Oficina Europea de Patentes

    En cara a la resistencia a contróversiales y frecuéntemente antidemocráticas, ilegales y posiblemente actos críminales o felonías, los chácales de Battistelli recurren a ataques de decapitación (atacando o torturando figuras claves) y armándose alrededor de sí misma — todo esto mientras falsamente acusando otros de portar armas o recurrir a la agresión


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