11.12.08

Patents Roundup: Microsoft, Free Software Innovations and Impending Changes to Patent Law

Posted in America, Courtroom, Europe, Free/Libre Software, Law, Microsoft at 8:45 am by Dr. Roy Schestowitz

“If I have seen further it is by standing on the shoulders of giants,” Sir Isaac Newton (1642-1727)

Newton's Cradle

Newton’s Cradle

Microsoft continues to upset with its infatuation of everything “invention” or “innovation”. While Gates and Myhrvold patent everything under the sun (for vanity and profit), other Microsoft employees claim credit for things that have prior art and plenty of foundations upon which to build.

Microsoft boss Don Mattrick still believes he was the very first person to invent controllable 3D human avatars.

“I’m claiming to have invented avatars! I did 4D Sports Boxing! Do you know what 4D Boxing was? Hey, you should be writing this! That was me,” Mattrick told Official Xbox Magazine.

By the way, Google is no angel, either.

Google Patents Searching Through Multiple Categories At Once

[...]

What’s unclear to me is how anyone “skilled in the art” could consider this a non-obvious solution. This is (and was) the sort of evolutionary improvement that pretty much anyone in the space would have known was coming to search engines.

It wasn’t long ago that we wrote about Halliburton and its pursuit for a patent on patent trolling. The Register has a more detailed report on the subject.

Halliburton – the Texas-based company famous for pocketing billions from the war in Iraq – hopes to patent the art of patent trolling.

Innovation in Free Software

Eric Raymond, who has been eerily quiet over the past year, wrote in the OSI blog about open source software and innovation.

There’s an argument commonly heard these days that open-source software is all very well for infrastructure or commodity software where the requirements are well-established, but that it can’t really innovate. I laugh when I hear this, because I remember when the common wisdom was exactly the opposite — that we hackers were great for exploratory, cutting-edge stuff but couldn’t deliver reliable product.

How quickly people forget. We built the World Wide Web, fer cripessakes! The original browser and the original webservers were built by a hacker at CERN, not in some closed-door corporate shop. Before that, years before we got Linux and our own T-shirts, people who would later identify their own behavior correctly as open-source hacking built the Internet.

It’s important to remember that Free software predates proprietary software. It’s not a new phenomenon but it’s the way things used to before people like Bill Gates stood up and said: “They are the ones who give hobbyists a bad name, and should be kicked out of any club meeting they show up at.”

The Patent System Ain’t Working

Michael Tiemann

Michael Tiemann of the OSI, citing this writeup, summarises and shares some takeaway points.

Venkatesh Hariharan recently wrote an article titled The practical problem with software patents, a subject near and dear to my heart. He draws on the same research that I have cited in the past, the book “Patent Failure: How Judges, Bureaucrats, and Lawyers Put Innovators at Risk,” by Boston University professors, James Bessen & Michael J. Meurer, but I confess that he shows both greater insights and certainly a better sense of humor than I do when I write abou[t] the subject.

Groklaw has meanwhile released the third part of an article about re Bilski.

In my view, the short answer is that Bilski isn’t the last or best word, and that in time there will be further refinements. That may be too small a word, actually, but I read Bilski as leaving it to the Supreme Court to do anything new, useful and practical about software patents, if I might coin the phrase, while the US Appeals Court for the Federal Circuit stands on a very old dime in the meanwhile, while attempting to basically make it harder to patent mathematical “fundamental principles.” The court doesn’t want anyone to patent 1 + 1 = 2, in other words, because the whole world needs to be able to do that. But if you use 1 + 1 = 2 in a process that is patentable because it’s tied to a particular machine and/or is transformative, that’s fine with them. That’s if I understand what the court wrote. Considering that patent lawyers and professors are still struggling with it, I’m guessing I don’t yet fully.

Here is some more interesting commentary on the subject on Bilski.

It’s not just the ease of writing programs that guarantees we’ll involved external agents more and more in our lives. It’s also the development of cheap sensors that will become ubiquitous and that will provide raw data for agents to work on. And of course, the availability of Internet access everywhere, all the time, which allows agents to communicate with both the sources of data and the people who want the agents’ output.

Additional new resources (re Bilski and beyond):

A brief explanation of what the free culture movement is and the various factors that led to its fighting to preserve the commons, including corporations and special interests trying to restrict the commons to protect their interests, the development of the open source community, technological developments, such as the Internet and digital copying of media, the developmentof web 2.0 and its philosophies, current state of copyright law and youth culture.

We previously wrote about Rambus in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. It is a perfect example of patent ambush, which got the wrath of the European Commission (the US government seems to have remained indifferent). The impact is massive and the company is now making a move to embargo another company (Nvidia), potentially driving it out of the market (because, to be a tad sarcastic, that’s what innovation is all about).

It seems that the negotiations between Rambus and Nvidia over the licence fees for Rambus patents haven’t been going too well. Rambus has now filed a complaint against Nvidia at the US International Trade Commission (USITC), asking the USITC to order an import ban for products with Nvidia parts containing memory controllers for SDRAM memory components like DDR, DDR2, DDR3, LPDDR, GDDR, GDDR2 and GDDR3. This probably includes most of Nvidia’s graphics chips, mainboard chipsets and notebook chipsets, including those incorporated in the latest Apple notebooks as well as products by Asus, BFG, Biostar, Diablotek, EVGA, Gigabyte, HP, MSI, Palit, Pine and Sparkle, who were all explicitly listed by Rambus.

Europe

Over in Europe, there is a glimmer of hope for the EPO, whose action can save the UK-IPO as well. Glyn Moody wrote about this yesterday.

The UK’s Patent Office – which now goes by the awful name of UK Intellectual Property Office, which means it’s really the UK Intellectual Monopolies Office – is a curious beast. On the one hand, as its name suggests, it’s tied into one of the biggest confidence tricks around, dressing up conceptual mutton as intellectual lamb. On the other, there are odd outbreaks of sanity that suggest someone in there understands some of the deeper issues concerning software patents.

[...]

It’s not coincidence that Microsoft still maintains that GNU/Linux infringes on some 200 of its sacred software patents – and yet is strangely coy about naming them, since it doesn’t want its bluff called.

Spurred by the EU’s response (or lack thereof), here is another little status report about the ACTA, which we mentioned a lot recently [1, 2, 3, 4].

One of the most disgusting displays of an industry crafting laws to benefit their industry in backrooms is the secret negotiations over the ACTA treaty. This is the international agreement on copyright that’s basically been written by entertainment industry insiders, and will effectively force governments around the world to change copyright laws in favor of the entertainment industry. Yet, the actual negotiations are being held in secret. When confronted about it, various government negotiators have basically said it has to be secret because that’s the way things are done.

Don’t forget to tell people about ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. It’s about the so-called “copyrights cartel” seeing it as its privilege to take the law into its own hands, backed by corruptible diplomats who harbour secrecy and discourage discussion with the public. These ‘elites’ want more control and more money. They want to suppress or forbid peer production in an increasingly-digital era. This threatens not only culture, but also the Internet and Free software. The ACTA encompasses many areas.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

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

A Single Comment

  1. Gentoo User said,

    November 12, 2008 at 12:37 pm

    Gravatar

    No, “free software” as the definition you are likely referring to about does NOT predate commercial software. Sharing code freely was a common thing in the early days of computing, especially within academia, because software was just a means to and end. Hardware was extremely expensive and it was shared among multiple users, who saw software as nothing more than a commodity. If anything, software was largely in the public domain.

    And the commercialization of software also predates anything Bill Gates ever did, your desire to blame the death of a non-existent “free software” movement on him notwithstanding. Unix had been commercialized long before Microsoft ever became relevant.

    Why are people like you so desperate to fit *that* kind of free sharing into the GNU/FSF/RMS definition, which came much later?

    Why do you make these false assertions and present them as fact?

    Also, ESR wouldn’t be caught dead talking about “free software”, as you know very well. He’s talking about open source. After years of banging on the “free != open” and “you must call it GNU/Linux like Stallman says” are you now using an ESR blurb to make a point on your blog? That’s disingenuous at best.

    Note: comment arrived from a witch hunter that does not even use GNU/Linux.

What Else is New


  1. Links 30/11/2020: GhostBSD 20.11.28, Nitrux 1.3.5, Linux 5.10 RC6, GNOME Circle, Microsoft Collapses Again in Web Server Share

    Links for the day



  2. Alternatives to the World Wide Web, to HTML, to HTTP/S, and to the Internet

    Looking around the Web (yes, the Web) for alternatives to the Web (and the stack underneath the Web), we're finding that IPFS is mature and robust enough for our needs



  3. Management of the EPO Dragged to the International Labour Organisation Over Its Assault on the Right to Strike

    Opinion on strikes challenged by the Central Staff Committee of Europe's second-largest organisation; if strike rights are almost abolished there, what hope is there for the rest of Europe?



  4. [Meme] Management of the EPO Cannot Let the Staff Breathe or Smell Freedom

    Working for the EPO means giving up on one’s human rights; that’s the sort of conclusion many workers have reached



  5. “ViCo” is Nothing New (Not Even the Acronym), Done on 9/11 Last Year, Been Possible as Long as the EPO Has Existed

    Contrary to what many people are led to believe, the EPO isn't embracing innovation, it's just embracing COVID-19 and leveraging lock-downs (de facto house arrest to some) to impose an illegal practice on EPO staff and EPO stakeholders



  6. Release: Early Letters and Documents About Financial Hoax Disguised as EPO 'Study'

    It was over a year ago that staff representation at the EPO expressed concerns about what would later enrage workers — seeing that based on unscientific fabrications the EPO would take away what had been promised to them



  7. IRC Proceedings: Sunday, November 29, 2020

    IRC logs for Sunday, November 29, 2020



  8. Managing IP: Puff Pieces Galore for the EPO's Dictatorship (Complete With Buzzwords and PR Stunts)

    By giving a platform to notorious patent trolls and ‘engaging’ with the EPO‘s dictator (whom only 3% of EPO staff trusts) Managing IP is sort of giving away its real agenda, which isn’t journalism but conducting or assisting misinformation campaigns



  9. Links 29/11/2020: Genode OS Framework 20.11, Linux 5.11 Kernel Changes, and Latest in KDE Itinerary

    Links for the day



  10. Sincere Thoughts About Outreachy

    Outreachy's role in the Free software community and inclusion in the FSF's High Priority Projects, as seen from the eyes of a female coder from a minority group; she used to work for the Free Software Foundation (FSF) and she expresses concerns about what Outreachy has become



  11. Free Software Under Tyranny of Codes of Conduct as the Western Equivalent of Blasphemy Law (Corporations as the New Religion/Sponsors as Deities)

    The free speech crisis in Free software communities has enabled expulsion of opinionated people whose opinions truly matter; in their place we now have companies that bomb people, sometimes even kidnapping children and sterilising women because nothing says “Ethics” like naked fascism and corporate domination everywhere



  12. Release: 4 More Documents and Letters About the Financial Siege at Europe's Second-Largest Institution

    Documents disputing the accuracy of the "hoax" from António Campinos and the Mercers



  13. One Year Ago: The Last EPO Demonstration Before COVID-19

    About a year ago staff of the EPO apparently had its last protest (in front of the Isar building) before staff got ‘herded’ into homes, where workers became more isolated and even illegally spied on



  14. [Meme] Unified Patent Court Agreement (UPCA) is an Attack on Europe and the European Businesses That Don't Do Litigation

    Litigation lawyers and patent zealots want to set Europe ablaze with legislation that they themselves crafted; thankfully, however, they face constitutional obstacles, no matter how many politicians they bamboozle and buy



  15. Reasons EPO Staff Decided to Go on Strike This Year (Before or Until Coronavirus Prevented It)

    An year-old letter from the Staff Union of the European Patent Office (SUEPO) to the President of the EPO; 7 reasons for going on strike are enumerated



  16. EPO Can Save Money by “Dropping Events Like the Inventor of the Year, Reducing the Number of Managers, Throwing Less Money at Consultants or Bringing the Boards of Appeal Back into Office Buildings.”

    Constructive suggestions from EPO staff, made just over a year ago and assembled into a letter to their EPO colleagues



  17. The Real Fate of the UPC 'Stunt' in Germany Will be Known Next Month (or Next Year) and There Are Substantial Constitutional Barriers in the Way

    Contrary to what Team UPC wants people to think, UPC(A) isn’t a “done deal” in Germany; they never actually addressed the substance of complaints and with help from Benoît Battistelli‘s friends in the Commission they’re just attempting a blatant coup



  18. Microsoft Removes Free Software From GitHub Again, This Time for Motion Picture Association (MPA)

    GitHub is proving to be more of a censorship site than a code-sharing site; with the GitHub takeover Microsoft became a 'censorship police' or force of occupation against its ideological competition; just weeks after the YouTube-DL debacle and further take-downs seeking to 'protect' broken DRM schemes (by banning code) we can see that Microsoft isn't defending developers at all; it's just protecting the interests of MPA, RIAA and other Biden circles from the interests of the general population, which sometimes circumvents perfectly circumventable 'DRM' schemes



  19. IRC Proceedings: Saturday, November 28, 2020

    IRC logs for Saturday, November 28, 2020



  20. Help Make Techrights (and Other Technology-Centric Sites) More Robust to Censorship by Setting Up More IPFS Nodes

    We’re trying to improve the site’s availability (ensuring it can never be offline) and make it more censorship-resistant; people who adopt IPFS can make that happen while tackling the “bloated Web” and “centralised Internet” issues — all at the same time



  21. Microsoft Loves Linux and Android Apps Running on Windows Instead of GNU/Linux and Android Devices

    Microsoft loves Linux, they say; but as Microsoft's former VP James Allchin put it: "If you're going to kill someone there isn't much reason to get all worked up about it and angry -- you just pull the trigger [...] We need to smile at Novell while we pull the trigger."



  22. Links 28/11/2020: RenderDoc 1.11, GNOME 40 Scrolling Horizontally

    Links for the day



  23. Nine Documents About the Financial Siege Against EPO Staff (Past, Present, and Future)

    Today we release dozens of pages of letters and documents (internal to Europe's second-largest institution); they all focus on the betrayal and skulduggery, crushing staff in spite of what was originally promised (and what workers actually signed up for)



  24. EPO Senior Management (Cabal) “Essentially Deaf to the Proposals From Staff Representatives.”

    Representatives of EPO staff feel like the management of the EPO is "deaf" and uncaring; there's hardly any meaningful progress (or none whatsoever) when it comes to truly honest dialogue with real participation



  25. EPO Management, Led by António Campinos, Attempted to Stifle or Prevent Staff From Being Surveyed

    Battistelli's cabal, which covers up a lot of fraud and corruption, is attempting to prevent the staff from expressing an opinion (for insiders and perhaps outsiders to assess) because things are really bad and autocratic measures are seen as necessary to keep the lid on issues/abuses



  26. The European Patent Office's Central Staff Committee: Office Cannot Recruit Fit-for-Purpose Patent Examiners Anymore

    One third of EPO recruits are 'locals' (Germans), 0.2% are Swiss, 1% Scandinavian; the EPO as an employer became unattractive and it's unable to attract the staff it needs (as was projected and planned when the EPC was agreed upon)



  27. IRC Proceedings: Friday, November 27, 2020

    IRC logs for Friday, November 27, 2020



  28. Links 27/11/2020: Jolla is 7, Diffoscope 162, MNT Reform Production

    Links for the day



  29. The Time Coronavirus Helped EPO Management Prevent Staff From Protesting and Going on Strike (March 26th)

    "In view of the spreading of the New Corona Virus, the planned General Assemblies have to be cancelled," the Staff Union of the European Patent Office (SUEPO) wrote in the wake of the crisis across Europe back in March (weeks ahead of a planned strike)



  30. Guarding Your Privacy With E2EE: Primer

    "As with all security, there is assumed risk no matter how careful you are. There are no security guarantees but that doesn't mean you shouldn't try."


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