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

01.05.09

Microsoft Spreads Intellectual Monopolies as Business Model

Posted in Microsoft, Patents at 5:46 am by Dr. Roy Schestowitz

Nathan Myhrvold

“Intellectual property is the next software.”

Nathan Myhrvold, Microsoft patent troll

Microsoft views its future direction as one that’s centralised around software patents, probably with moneyflows that are based on “compensation” (welfare), not sales. As indication of it, watch this Google results page for the search phrase “cross licensing patents”. 6 out of 10 top results are about Microsoft. No kidding.

A news report from Heise indicates that Microsoft is the one single entity which is hoarding lots of (and the most) software patents, according to IEEE figures.

For the third year running the Institute of Electrical and Electronics Engineers (IEEE) has ranked companies in different sectors to estimate the power that these companies have, based upon their patent portfolio. Unsurprisingly, Microsoft came top in the “Computer Software” category and IBM tops the “Computer Systems” chart.

Given that “Computer Software” is not patentable in the vast majority of the world, Microsoft may own just a bubble, whose value it will try to actualise using interest-sharing allies like IDC, BSA, ACT, and CompTIA.

Microsoft also suffered this setback very recently. Mondaq has a new article about it:

United States: JFTC Issued Microsoft Ruling On Its NAP Clause Practice

On September 16, 2008, Japan Fair Trade Commission (the “JFTC”) issued a ruling against Microsoft Corporation (“MS”) regarding its use of a so-called “NAP” clause in its software licenses. The MS NAP clause prevented licensees from asserting certain intellectual property rights against MS and its customers.

Pay-per-use PCs or Pay-per-use Patents?

As pointed out last week, Microsoft wanted competitors to pay ‘innovation tax’ for just daring to devise the idea of renting PCs (with software) to people. Why else pursue this patent? Patent trolls? Fortunately, their patent application was rejected.

Microsoft’s patent application for a usage-based PC model has already been rebuffed by the US Patent Office, according to a letter disclosed today. Given to Microsoft a few days before the requested patent became public, the notice rejects Microsoft’s submission for being at once too broad and too familiar. The tendency to use vague terms and the existence of already patented, relevant technology are cited as the core reasons behind the rejection.

This rejection is also covered here and here. Novell is mentioned in this article:

Five Reasons Microsoft Wants A Pay As You Go Model

[...]

Make no mistake about it. Microsoft wants to put itself at the center of the internet universe. It wants to control the applications experience of each and every user on the planet. And this is a way to do that. Microsoft Chairman Bill Gates and Microsoft CEO Steve Ballmer have never been comfortable playing second banana to anyone. Remember these are the guys that started the PC revolution. Do you really think they are going to ride off into the sunset and watch their bring computing to the masses revolution spoiled by a one time CEO of Novell. Not in a long shot. Gates and Ballmer still want to make history. This pay as you go model may be their biggest play yet.

It Seemed Like a Bad Idea at the Time…

Apple, as we routinely emphasise, has its share of silly patents that sometimes obstruct GNU/Linux development. Here is another bizarre ‘invention’ from this company:

The US Patent and Trademark Office yesterday released Apple’s most recent application, in which the company files for patent protection for … wait for it … a glove.

This race to patent everything under the sun is akin to the Gold Rush and MIT seems to have caught the fever as well.

Unfortunately, MIT liked it so much they decided to patent it. Seeking permission to use his own idea for his iShoe startup, which develops products like insoles to address the problems of seniors, Lieberman was told no problem — as long as he promised a hefty royalty and forked over a $75,000 upfront payment. Whether or not students are aware of it, the NYTimes reports that most universities own inventions created by students that were developed using a ‘significant’ amount of schools resources.

Later on, people like Microsoft’s own patent troll come to collect those patents from universities [1, 2], essentially sweeping them away from creative minds. They build an arsenal where no substantial inventions are really made; they are just bought. Here is a nice new cartoon about patent trolling and… “NCSoft”.

Speaking of the article above, Slated writes: “Whilst reading the Slashdot article about the inventor who was not allowed to implement his own invention, because his university claimed “ownership”, I came across this highly illuminating comment:

Re:Encouraging innovation (Score:4, Interesting)
by drinkypoo (153816) <martin.espinoza[AT]gmail.com> on Sunday January
04, @07:49AM (#26319371)

This is what the Gates Foundation is about – they are not there to cure
disease. It’s easy to see that not every country is going to let them in
to vaccinate, because you have to basically adopt US IP law (esp.
regarding patents – this is about big pharma) to get the vaccinations.

So Gates is basically using his Fundation[sic] to spread the disease of Intellectual Monopolies with medical blackmail,” writes Slated. “This way, he not only gets a mechanism by which to launder his bribe money (and pull a nice little tax break), whilst “investing” in Oil companies, but he also eventually gets to capitalise on third-world royalty payments for his assimilated Innovation®. Only a gangster like Gates could neatly tie up the world’s three most morally corrupt industries (Oil, Pharmaceutical and Software) together into one neat little package like this, then mask it as “charity”.

We already wrote about Bill Gates' passing of money to governments through his charitable foundation, which protects him from state tax and enables him to invest, literally, in very harmful companies. Charitable donations are, in comparison, slush funds that keep this organisation going. Such a moral issue is hardly televised due to media ownerships and peer pressure.

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. Dutch Court Rules Against SUEPO (in a Reversal), But EPO Management Would Have Ignored the Ruling Even If SUEPO Won (Updated)

    SUEPO loses a case against EPO management, but the EPO's overzealous management was going to ignore the ruling anyway



  2. New Paper Provides Evidence of Sinking Patent Quality at the EPO, Refuting the Liar in Chief Battistelli

    In spite of Battistelli's claims (lies) about patent quality under his watch, reality suggests that so-called 'production' is simply rushed issuance of invalid patents (one step away from rubberstamping, in order to meet unreasonable, imposed-from-the-top targets)



  3. Battistelli Locks EPO Staff Union Out of Social Conference So That He Can Lie About the Union and the Social Climate

    The attacks on staff of the EPO carry on, with brainwash sessions meticulously scheduled to ensure that Administrative Council delegates are just their master's voice, or the voice of the person whom they are in principle supposed to oversee



  4. Unprecedented Levels of UPC Lobbying by Big Business Europe (Multinationals) and Their Patent Law Firms

    A quick look at some of the latest deception which is intended to bamboozle European politicians and have them play along with the unitary [sic] patent for private interests of the super-rich



  5. Links 29/9/2016: Russia Moving to FOSS, New Nmap and PostgreSQL Releases

    Links for the day



  6. Team UPC is Interjecting Itself Into the Media Ahead of Tomorrow's Lobbying Push Against the European Council and Against European Interests

    A quick look at the growing bulk of UPC lobbying (by the legal firms which stand to benefit from it) ahead of tomorrow's European Council meeting which is expected to discuss a unitary patent system



  7. IP Kat is Lobbying Heavily for the UPC, Courtesy of Team UPC

    When does an IP (or patent) blog become little more than an aggregation of interest groups and self-serving patent law firms, whose agenda overlaps that of Team Battistelli?



  8. Leaked: Conclusions of the Secretive EPO Board 28 Meeting (8th of September 2016)

    The agenda and outcome of the secretive meeting of the Board of the Administrative Council of the EPO



  9. Letter From the Dutch Institute of Patent Attorneys (Nederlandse Orde van Octrooigemachtigden) to the Administrative Council of the EPO

    The Netherlands Institute of Patent Attorneys, a group representing a large number of Dutch patent practitioners, is against Benoît Battistelli and his horrible behaviour at the European Patent Office (EPO)



  10. EPO's Board 28 Notes Battistelli's “Three Current Investigations/Disciplinary Proceedings Involving SUEPO Members in The Hague."

    The attack on SUEPO (EPO staff representatives) at The Hague appears to have been silently expanded to a third person, showing an obvious increase in Battistelli's attacks on truth-tellers



  11. Links 28/9/2016: Alpine Linux 3.4.4, Endless OS 3.0

    Links for the day



  12. Cementing Autocracy: The European Patent Office Against Democracy, Against Media, and Against the Rule of Law

    The European Patent Office (EPO) actively undermines democracy in Europe, it undermines the freedom of the press (by paying it for puff pieces), and it undermines the rule of law by giving one single tyrant total power in Eponia and immunity from outside Eponia (even when he breaks his own rules)



  13. Links 28/9/2016: New Red Hat Offices, Fedora 25 'Frozen'

    Links for the day



  14. Team Battistelli Intensifies the Attack on the Boards of Appeal Again

    The lawless state of the EPO, where the rule of law is basically reducible to Battistelli's ego and insecurities, is again demonstrated with an escalation and perhaps another fake 'trial' in the making (after guilt repeatedly fails to be established)



  15. After the EPO Paid the Financial Times to Produce Propaganda the Newspaper Continues to Produce UPC Puff Pieces, Just Ahead of EU Council Meeting

    How the media, including the Financial Times, has been used (and even paid!) by the EPO in exchange for self-serving (to the EPO) messages and articles



  16. Beware the Patent Law Firms Insinuating That Software Patents Are Back Because of McRO

    By repeatedly claiming (and then generalising) that CAFC accepted a software patent the patent microcosm (meta-industry) hopes to convince us that we should continue to pursue software patents in the US, i.e. pay them a lot more money for something of little/no value



  17. The US Supreme Court Might Soon Tighten Patent Scope in the United States Even Further, the USPTO Produces Patent Maximalism Propaganda

    A struggle brewing between the patent 'industry' (profiting from irrational saturation) and the highest US court, as well as the Government Accountability Office (GAO)



  18. Patent Trolling a Growing Problem in East Asia (Software Patents Also), Whereas in the US the Problem Goes Away Along With Software Patents

    A look at two contrasting stories, one in Asia where patent litigation and hype are on the rise (same in Europe due to the EPO) and another in the US where a lot of patents face growing uncertainty and a high invalidation rate



  19. The EPO's Continued Push for Software Patents, Marginalisation of Appeals (Reassessment), and Deviation From the EPC

    A roundup of new developments at the EPO, where things further exacerbate and patent quality continues its downward spiral



  20. The Battistelli Effect: “We Will be Gradually Forced to File Our Patent Applications Outside the EPO in the Interests of Our Clients”

    While the EPO dusts off old files and grants in haste without quality control (won't be sustainable for more than a couple more years) the applicants are moving away as trust in the EPO erodes rapidly and profoundly



  21. Links 27/9/2016: Lenovo Layoffs, OPNFV Third Software Release

    Links for the day



  22. The Moral Depravity of the European Patent Office Under Battistelli

    The European Patent Office (EPO) comes under heavy criticism from its very own employees, who also seem to recognise that lobbying for the UPC is a very bad idea which discredits the European Patent Organisation



  23. Links 26/9/2016: Linux 4.8 RC8, SuperTux 0.5

    Links for the day



  24. What Insiders Are Saying About the Sad State of the European Patent Office (EPO)

    Anonymous claims made by people who are intimately familiar with the European Patent Office (from the inside) shed light on how bad things have become



  25. The EPO Does Not Want Skilled (and 'Expensive') Staff, Layoffs a Growing Concern

    A somewhat pessimistic look (albeit increasingly realistic look) at the European Patent Office, where unions are under fire for raising legitimate concerns about the direction taken by the management since a largely French team was put in charge



  26. Patents Roundup: Accenture Software Patents, Patent Troll Against Apple, Willful Infringements, and Apple Against a Software Patent

    A quick look at various new articles of interest (about software patents) and what can be deduced from them, especially now that software patents are the primary barrier to Free/Libre Open Source software adoption



  27. Software Patents Propped Up by Patent Law Firms That Are Lying, Further Assisted by Rogue Elements Like David Kappos and Randall Rader (Revolving Doors)

    The sheer dishonesty of the patent microcosm (seeking to bring back software patents by misleading the public) and those who are helping this microcosm change the system from the inside, owing to intimate connections from their dubious days inside government



  28. Links 25/9/2016: Linux 4.7.5, 4.4.22; LXQt 0.11

    Links for the day



  29. Patent Quality and Patent Scope the Unspeakable Taboo at the EPO, as Both Are Guillotined by Benoît Battistelli for the Sake of Money

    The gradual destruction of the European Patent Office (EPO), which was once unanimously regarded as the world's best, by a neo-liberal autocrat from France, Benoît Battistelli



  30. Bristows LLP's Hatred/Disdain of UK/EU Democracy Demonstrated; Says “Not Only Will the Pressure for UK Ratification of the UPC Agreement Continue, But a Decision is Wanted Within Weeks.”

    Without even consulting the British public or the European public (both of whom would be severely harmed by the UPC), the flag bearers of the UPC continue to bamboozle and then pressure politicians, public servants and nontechnical representatives


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