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

12.02.08

Patents Roundup: From Microsoft’s Trolls to Obama Policies

Posted in America, Asia, Europe, IBM, Microsoft, Patents at 6:35 am by Dr. Roy Schestowitz

Section sign

“Software patents are a huge potential threat to the ability of people to work together on open source. Making it easier for companies and communities that have patents to make those patents available in a common pool for people to use is one way to try to help developers deal with the threat.”

Linus Torvalds

Microsoft Patent Trolls

Transmeta is known to many F/OSS people because of Linus Torvalds, who used to work there. Well, the company is pretty much kaput, as disclosed roughly a month ago when it put itself up on display. Some of its assets are offered for sale now, so up for grabs are also several imaginary properties that are being grabbed by Microsoft's own patent troll.

IV was apparently there at the bargaining table with Novafora, which makes digital video processors. It’s putting $11.6 million towards the $255.6 million purchase price in exchange for some kind of rights to Transmeta’s low-power silicon patents, perhaps so IV can protect one of its investors.

Interestingly enough, this report comes from a known ‘Microsoft mole’ [1, 2]. Looking a little deeper between the lines, some connections can be drown: “William P. Tai informed the Board [...] of Transmeta [...] that he plans to retire [...] fulfill [...] commitments at Charles River Ventures, a venture capital firm [...]”

“Charles River Venture is connected to Intellectual Ventures, which is in turn connected to Microsoft.”Intellectual Ventures is listed right here under the online identity of Charles River Ventures. Charles River Venture is connected to Intellectual Ventures, which is in turn connected to Microsoft. The company was started by a former Transmeta board member, just after Intellectual Ventures had invested in his company and in Transmeta.

A reader of ours suggests the following chain of relationships: RPX Corporation -> Transmeta -> Intellectual Ventures -> Novafora -> Charles River Ventures.

Another company whose trail of dependencies seems tricky (subsidiaries, funding, and movement of employees) is Acacia. It sued GNU/Linux vendors shortly after inheriting top Microsoft staff and shortly after Microsoft’s CEO had threatened Red Hat, which was among those sued [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11].

Acacia has acquired some more patents with which to fight and it last raved about it over a week ago.

Acacia Research Corporation (Nasdaq:ACTG) announced today that its subsidiary, Acacia Patent Acquisition LLC, has acquired rights to patents relating to improved lighting technology.

There are some other news to watch out for because this patent troll has ‘Microsoft DNA’ inside. It needs to be watched.

US Patents System Challenged

It has been over a month since Bilski [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33], but discussions have not ended. This important decision continues to jeopardise very many software patents, which would fail the court test.

Worth noting, however, is that Bilski did not claim a computer implementation of the recited method or a software claim. Thus, the “machine” prong of the machine-or-transformation test remains untested by the Federal Circuit as a result of the Bilski decision. However, the Court noted that in order to pass muster under the machine prong, the use of such a machine must “impose meaningful limits on the claim’s scope.” Field of use or insignificant extra-solution activity will not suffice. Moreover, the process claim in issue in Bilski was found to “not … be a software claim.” It therefore also remains open as to how or if a software clam can be written to satisfy the transformation prong of the test.

Over at P2PNet, people are reminded that the term “intellectual property” should be avoided and patents be referred to as “intellectual monopolies” instead. “If thought can corrupt language, then language can also corrupt thought,” said George Orwell.

Instead of speaking of “intellectual property”, which invokes that feel-good idea of property and ownership, we should speak of “intellectual monopolies”. For this is precisely what copyrights and patents are: they are monopolies granted by governments for a limited period as part of a bargain – that, in return, those who are granted those monopolies hand them over to the public domain once the term of the monopoly has lapsed.

The Obama campaign (and administration to be) has summed up its stance/policy on intellectual monopolies as: “The Obama-Biden Transition Project respects the intellectual property of others…”

Reading the remainder of that statement, it reads very much like Biden’s known ties with the MAFIAA are rearing their ugly head. What does this mean for patents? Well, they have established a working group that includes Irving Wladawsky-Berger, but his lifetime employer, IBM, is not against software patents and he even wrote in his blog that “It is ironic that if software patents were disallowed altogether, it might cause legitimate software innovations to then be protected as trade secrets, and thus keep them away from open source projects.”

India and British Imperialism

Microsoft’s patent troll is already bugging India following a series of letdown when it comes to patent law [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. BT, which is still loosely tied to the British government, was previous seen participating in subversion of the law in India and now it’s the British government itself which applies for patents (monopolies) over there.

The UK government is seeking a patent in India for a defence invention called ‘modulation signals for a satellite navigation system’, which can measure satellite signals.

Europe Suffers from Loopholes

The Stop Software Patents push has identified ways in which the EPO seems to be escaping hard questions regarding software patents.

The European Patent Office does not only grant software patents, it also lobbies the legislators to validate them through the creation of a central patent court.

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway”.”

Marshall Phelps, Microsoft

Further to the action against big pharmaceuticals in Europe, there is also this rant.

These obstacles cost taxpayers money, up to three billion Euro a year, according to the Commission report.

The monopolies will not give up without a fight. They have means for perversion of justice.

Miscellany

A very notorious patent, Amazon’s 1-Click feature, celebrates a birthday of shame.

“Nine years ago Monday, Amazon kicked off the Holiday Season by slapping Barnes and Noble with a court injunction barring BN from using a checkout feature that Amazon said represented illegal copying of its patented 1-Click technology. ‘We’re pleased that Judge Pechman recognized the innovation underlying our 1-Click feature,’ said Jeff Bezos in a press release. But an Appellate Court wasn’t quite as impressed with Amazon’s innovation…”

Moving on to some patents that relate less to software, we also find:

1. InterDigital, Samsung settle 3G patent dispute

InterDigital and Samsung settled two long-standing patent-infringement lawsuits just as the U.S. International Trade Commission (ITC) was about to make a decision on whether to recommend banning imports of Samsung phones containing 3G phones.

2. Fairchild Semiconductor Files Patent Infringement Lawsuit Against Infineon Technologies – Quick Facts

In the lawsuit, the company stated that it believes certain Infineon CoolMOS and OptiMOS branded products, as well as other Infineon IGBT and CanPAK products, infringe one or more claims of eight Fairchild patents.

3. German firm claims Xilinx, Avnet infringe patents

Pact has been focusing accelerators that plug into the processor socket of dual or quad processor motherboards to run multimedia applications such as video, audio, voice, and image transcoding.

Feel the innovation. The lawyers sure do.

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

2 Comments

  1. pcolon said,

    December 2, 2008 at 9:05 am

    Gravatar

    “It is ironic that if software patents were disallowed altogether, it might cause legitimate software innovations to then be protected as trade secrets, and thus keep them away from open source projects.”

    Better to keep it as a “trade secret”, force corporations to do their own “IP monopolies” policing without using public funds and let innovators and developers go about their business. Using the patent club to stifle ideas doesn’t help innovation.

  2. Roy Schestowitz said,

    December 2, 2008 at 9:55 am

    Gravatar

    We are probably going to write an open letter to him.

What Else is New


  1. Links 3/8/2015: Linux 4.2 RC5, Korora 22

    Links for the day



  2. The World is Changing and Patent Law Can Change Either for Better or for Worse

    Recent secret dealings (which are being exposed to the public owing to whistle-blowers) show the degree of coordination and collusion against public interests; it's up to us, the majority, to fight back and tackle this injustice



  3. The Latest on Patent 'Reform' in the US: GOP Media Deception, Healthwashing Patents, and SIIA Lobbying

    Techrights looks at the more prominent actors driving patent policy in the US, with budget to absorb and agenda to lobby for



  4. Newegg Uses Its Fight Against Patent Trolls for Marketing

    Comments on Newegg's fight against patent trolls in court, setting an example for other companies



  5. Microsoft Lies, Propaganda, Embedded 'Journalism' and Other Dirty Tricks to Promote Vista 10

    The Vista 10 entrapment is being sold to the public using bogus/unverified figures, Microsoft propagandists pretending to be journalists, and some gullible people who actually believe them



  6. Microsoft -- Like Bill Gates -- Bribes PBS for Propaganda to be Presented as 'TV Programme'

    Microsoft pays the supposedly 'public' network to act as courier of Microsoft marketing, shrewdly disguised as 'information'



  7. Links 2/8/2015: KDE Applications 15.08 Beta, Zorin OS 10

    Links for the day



  8. Links 1/8/2015: Steam Sale, blackPanther OS 14.1

    Links for the day



  9. Vista 10 Inherently Criminal: Vandalising the Competition (Dual Boot, Rival Web Browsers, Online Services)

    Vista 10, the latest incarnation of Windows, takes its anticompetitive aspects to a whole new level, betraying even so-called 'partners' in the process



  10. As Microsoft AstroTurfing/PR Budget Runs Dry, Vista 10 Truths Come Out

    The media manipulation by Microsoft (to the tune of hundreds of millions of dollars spent on 'marketing') grows thin as a growing number of growingly angry early adopters of Vista 10 publicly rant



  11. Links 31/7/2015: Lennart Poettering as 'Linux Hero' and systemd Conference Coming

    Links for the day



  12. Links 30/7/2015: Apache Spark on Z System, Elive 2.6.8 Beta

    Links for the day



  13. Microsoft's Mouthpiece Mary Branscombe Tries to Shoot Down Free Software, But Fails Miserably

    At the CBS-owned ZDNet, which is Free/Open Source software-hostile, new FUD surfaces, but the FUD is so flawed that a full rebuttal is easy and almost imperative



  14. People of New Zealand Must Rise Up to Defend Sovereignty and Stop Software Patents

    The TPPA serves to override (launder) the law of New Zealand, allegedly legalising patents on software in the process



  15. Microsoft Illegally Evades Billions of Dollars in Tax, Says IRS

    The criminal enterprise known as Microsoft finds itself embarrassingly exposed in the courtroom, for the IRS belatedly (decades too late) targets the company in an effort to tackle massive tax evasions



  16. Vista 10 Very Buggy Upon Release, Just as We Have Repeatedly Warned for Weeks

    Vista 10 is prematurely pushed out the door (to meet a deadline) way ahead of it being stable, even remotely polished, and supported by hardware companies (there is a serious drivers issue)



  17. Surveillance Machine With a Keylogger: Vista 10 Will Spy on the User (Over the Internet) Even While Playing Games

    Microsoft is making it clear that even playing a simple game like Solitaire on Vista 10 will make one subjected to spying (for targeted ads); other serious violations of privacy revealed upon release



  18. Links 29/7/2015: Akademy 2015 Ends, NetBSD 7.0 RC

    Links for the day



  19. MPEG-LA is Preparing New Patent Obstruction (Called DASH) Against Free Software, OIN Grows

    A new conspiracy against free multimedia software, set up by the MPEG cartel, is called DASH



  20. New Zealand's Media Gets History Wrong on Software Patents

    Setting the record straight on the fight against software patents in New Zealand



  21. Not Only Vista 10 Crashes a Lot, Any .NET Application Does Too (Updated)

    Microsoft software is quickly becoming synonymous with crashes as any piece of software developed with Microsoft's tools, not just the underlying platform, crashes chronically



  22. The Government of Bulgaria Sells Out to Microsoft, Again

    Despite some promises and reassurances that Bulgaria will consider Free/libre software, the Bulgarian government hands out a lot more of taxpayers' money to the Mafia



  23. Corporate Media Finally Finds Out That Vista 10 Crashes a Lot

    Stability issues of Vista 10 are belatedly reported to be a major catastrophe, leaving it unusable for many early adopters



  24. Links 28/7/2015: Linux 4.2 RC4, New Logos and Bug 'Branding' for FUD

    Links for the day



  25. Patents Roundup: Technicolor, Alice, Voip-Pal, Fitbit, Marijuana Patents, and JDate

    A look at some of last week's patent news, with imperative responses that criticise corporate exploitation of patents for protectionism (excluding and/or driving away the competition using legal threats)



  26. Corporate Lobbyists Including Koch-Connected Front Groups Attack Real and Perceived Patent Reform in the United States

    Looking at some of the latest propaganda for and against a bill which is already too watered-down to actually fix the US patent system



  27. Patents in the Android World Further Complicate Freedom in This Linux-Powered Platform

    A survey of last week's news with special focus on Google and Android, which are trying to coexist and thrive in a world full of patent maximalists



  28. The 'Unitary' Patent Trojan Horse Rammed Down the Throat of Europe

    Under the guise of 'unification' or 'unity', existing patent systems are being abandoned and more power gets passed to corrupt EPO officials



  29. HEVC Cartel is Not News, Only the Names of Backers and the Costs Are New

    A few remarks on and a roundup of recent articles about HEVC, which we first wrote about in spring



  30. IRC Proceedings: July 12th, 2015 – July 25th, 2015

    Many IRC logs


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