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

02.20.09

Patents Roundup: Linux, Acacia, Microsoft, Samsung and More

Posted in Europe, GNU/Linux, Google, Intellectual Monopoly, Law, Microsoft, Patents, Red Hat, Samsung at 8:51 am by Dr. Roy Schestowitz

Linux

IN some of our previous roundups we looked at Red Hat and Acacia [1, 2, 3, 4, 5], whose patent case is reappearing because Red Hat looks for prior art. Someone who goes by the alias “stickster” put it in OSNews and Slashdot:

Didn’t Groklaw garner about 500 comments at the time (towards the end of 2007), some of which suggesting that there was prior art? Readers provided examples. Here is some coverage from around that time [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] and here is Acacia’s very latest extortion, which it brags about to its investors.

Acacia Subsidiary Enters into Settlement and License Agreement with NetScout

EWPORT BEACH, Calif., Feb 17, 2009 (BUSINESS WIRE) —-Acacia Research Corporation (Nasdaq: ACTG) announced today that its Diagnostic Systems Corporation subsidiary has entered into a settlement and license agreement with NetScout Systems, Inc. covering a portfolio of patents that apply to rule-based monitoring.

“Enters into Settlement” is an understatement. Those who invest in such a company, which only ever does what’s akin to racketeering with stuff it buys solely for this purpose, should be ashamed of themselves. This is very different from being a company that actually develops a technology or owns its creation, thus making these patents self-derived, e.g. (from the news):

1. CyberLink signs License Agreement for Macrovision’s IPG Patents and TV Guide Data Solutions to Enhance TV on the PC Experience

innovative solutions provider for the connected media lifestyle, announced today that it has entered into an agreement to license Macrovision’s interactive program guide patent portfolio and its TV Guide Data Solutions for use with CyberLink’s TVEnhance and PowerCinema software.

So TV guides are patentable now?

2. IDTELi Announces Agreement with Piedmont Credit Union of Danville VA

IDTELi LLC is an authorized distributor of the GUARDED ID® keystroke encryption software to the financial services industries

That would be keystroke encryption. Patentable? Well, at least they own it.

What’s with this mentality of Acacia then? When will it actually develop something? Or patent something rather than just acquire and coerce?

Need it be said that there is overlap — in terms of staff’s background — between Microsoft and Acacia? Well, they think alike and Microsoft is investing in even bigger 'Acacias'.

Microsoft

Microsoft is a classic hypocrite when it comes to patents. It lies with ‘honesty’ about the need for patents while pretending that dissenters are worthy of labels like “communist”. One person reposts a classic old article from Richard Stallman who rebuts this perception.

Today’s Microsoft is a megacorporation with thousands of patents. Microsoft said in court that the main competition for MS Windows is “Linux,” meaning the free software GNU/Linux operating system. Leaked internal documents say that Microsoft aims to use software patents to stop the development of GNU/Linux.

[...]

Mr. Gates’ secret is out now – he too was a “communist;” he, too, recognized that software patents were harmful – until Microsoft became one of these giants.

A survey of the company’s patenting carries on in Patently-O. It’s part of a series.

However, only about 20% of patents that discuss Microsoft are actually assigned to the company.

In reference to the Brother patent deal (involving Linux), Matt Asay adds that Microsoft intends to force IP into IT talk. He should say “patents” really, not “IP”.

Microsoft convinced Brother recently to license its patents so that Brother can run Linux drivers in some of its devices. Did you catch the oddity in there? Microsoft doesn’t make drivers, Linux-based or otherwise. What intellectual property of Microsoft’s did Brother need to license?

Only Microsoft knows, and it’s not telling, despite repeated requests for Microsoft to open up on the patents it alleges that Linux violates. It’s fine for Gutierrez to claim that intellectual property is the foundation for competition and cooperation, but when Microsoft is only willing to cooperate behind closed doors, it smacks of extortion, not partnership.

That last sentence is key. For prior information about the Brother deal:

  1. Microsoft Distorts the Linux and Virtualisation Markets
  2. Boycott Brother Industries
  3. Microsoft: Deal with Brother Similar to Novell’s
  4. Patents Roundup: Apple, Microsoft Trolls, and Linux

Speaking of extortion, although it’s not directly related to patents, here is an interesting new report.

According to Dilger, Microsoft has orchestrated a behind-the-scenes attack on Android, using its considerable leverage with manufacturers up and down the supply chain to discourage them from promoting Android devices too enthusiastically.

The article above refers to the essay titled “Did Microsoft kill Android at Mobile World Congress 2009?”

Android is clearly a threat to Microsoft’s plans for Windows Mobile. After all, how does one sell an aging mobile operating system lacking the multitouch sizzle of the iPhone and the addictive messaging savvy of the BlackBerry in a world where Google is butting in with a free, open source alternative that allows manufactures to freely customize it as they like?

We don’t fully agree with Roughly Drafted because many Linux-related announcements — Android included — were made at the event (we assembled them among our daily links in Boycott Novell). But there are other things to ponder.

Does Samsung Pay Microsoft for Android?

And what about LG?

Samsung, like a few other companies including Linux phone maker LG, compromised Linux when it signed a patent deal with Microsoft. It was quite similar but not identical to the Brother deal. The news this week says that Samsung is to unleash 3 Android (Linux) phones.

Reuters reports that Won-Pyo Hong, Samsung’s head of product strategy, confirmed at least three Android smartphones and at least a Linux one, which will all be outed by the end of 2009.

This is also covered here

Samsung’s Android Linux Handsets Coming Soon

[...]

Those who thought Samsung was on a mobile phone spewing spree so far at the Mobile World Congress (MWC), here’s more news for you.

Since Samsung pays Microsoft for Linux, what does this mean to Android/Google? Google recently paid Microsoft for patents on a technology, so it’s worth exploring or at least watching more closely. Speaking of Samsung, also in the news we find that this company, which is corrupt, has resorted to an embargo strategy against Bill Gates' latest darling (Kodak).

Samsung asks U.S. panel to ban Kodak camera imports

Samsung Electronics Co Ltd [...] asked a U.S. trade panel to block imports of Eastman Kodak Co’s digital cameras [...] alleging mobile phones and other wireless devices by Samsung and home rival LG Electronics Inc infringed on patented Kodak technology [...]

How does this promote consumers’ needs?

EU Propaganda Watch

One of our readers turned our attention to this new video of the event where, as we noted a few days ago, a Microsoft employee was among people in the panel. It’s a pro-patents forum and the guy in the video says that “whoever speaks against it speaks against Europe.” There is a lot of cronyism — some from Microsoft — inside Europe, comprising maximalisms of centralised (as in personal) wealth and monopolies. They have hired guns. Here is the latest examples where one of Microsoft’s paid shills, Jonathan Zuck [1, 2, 3, 4, 5, 6, 7, 8], is used to further the agenda of illegalising Free software.

The existing intellectual protection (IP) system – under which companies have to file a patent in every EU member state – is “a telling example” of the Union’s fractured regulatory framework, argues the study presented at an IP Summit in Brussels.

To bypass the EU regulatory framework, many innovative companies and especially SMEs end up skipping the European market by applying for a patent in the US. Jonathan Zuck of the Association for Competitive Technology said: “For the EU to even consider catching up with the US and Japan, a single IP-protection must be put in place.”

USPTO Broken

In light of all this chaos, some people call for the dumping of Intellectual Monopolies, altogether. [via Digital Majority]

Time to rethink intellectual property laws?

[...]

Conversely, there is widespread anecdotal evidence that the act created a mind-set among many researchers that their knowledge represents a potential goldmine not to be shared with potential competitors (i.e. those working in other universities) – at least until it has been protected by a patent application.

Similarly, the act has led to a flood of “upstream” patents on basic scientific knowledge, leading to what some commentators describe as a virtually impenetrable “patent thicket” blocking small-scale inventors from marketing their products. For example, restrictive software patents limit further development and commercialisation in the field of information technology.

TechDirt shares a couple more embarrassments for this existing system:

1. Nokia, Qualcomm Move Forward With Non-Patent-Fight-Based Relationship

Qualcomm and Nokia have been involved in a long-running series of patent disputes over chips in mobile phones. The two companies settled the bulk of their disputes last summer, with Nokia throwing a chunk of change at Qualcomm and the two making nice.

2. Patent Hoarding Firms Discover The ITC Loophole

We’ve been discussing the ITC loophole, that allows patent holders to get two cracks at charging a company with infringement over the same patent (using different rules) for a while now. Patent holders can sue in court and they can complain to the International Trade Commission, which has the power to issue an injunction, barring the import of any “infringing” products. Even worse, the ITC doesn’t necessarily need to follow the rules set forth by the Supreme Court over what is and what is not infringing.

So Much ‘Innovation’

Looking at the past few days’ news, we truly find a lot of evidence of the glaring problem, so hereby we present some exemplary stuff to be used as ‘ammunition’ against the status quo.

Here is a company that ‘innovates’ noise cancellation and another which ‘innovates’ mapping barcode to a URL (patent here). Delta is sued by a company that ‘innovated’ Wi-Fi on a plane (for background see this).

Theft protection too was ‘innovated’ (not ‘stolen’, to be a tad sarcastic), with details of the embarrassment for the USPTO right there.

Here is another patent hoarder in action:

General Patent Corporation (GPC), a leading patent licensing and patent enforcement firm, announced today on behalf of its client, Renhcol, Inc., that four additional licensing agreements for the “Web-Based Prediction Marketplace” Patent have been finalized as a result of settlements in a patent infringement lawsuits with patent infringement lawsuits with Pregame, LLC (Las Vegas, NV), 1402487 Ontario Limited (Toronto, ON), IGC Entertainment Corporation (Vancouver, BC) and National Sports Services (IGC), Inc. (Las Vegas, NV)”

“A leading patent licensing and patent enforcement firm,” it calls itself. Nice name for an extortion firm. Look at the actual patent. This is ridiculous.

There are other bizarre picks from the news, e.g.:

When will this end? Or rather, when will the USPTO be ended? With stuff like this abound, it’s only reasonable to demand that it’s reformed or shut down. This current, dysfunctional USPTO does not promote any innovation at all. It’s a marketplace so ripe for abuse where both patent examiners and the abusers make a lot of money, not to mention all which is gained by lawyers.

Some of the big advocates of this state of affairs are lawyers, monopolists, and patent trolls, none of whom are scientists or engineers. They are mooching off other people’s hard labour and brains.

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 24/2/2017: Ubuntu 17.04 Beta, OpenBSD Foundation Nets $573,000 in Donations

    Links for the day



  2. IAM, Greased up by the EPO, Continues Lobbying by Shaming Tactics for the UPC, Under the Guise of 'News'

    The shrill and well-paid writers of IAM are still at it, promoting the Unitary Patent (UPC) at every opportunity and every turn



  3. Patent Scope Gone Awry: European Vegetable Patents Office?

    In its misguided race to raise so-called 'production', the EPO lost sight of its original goals and now facilitates patent royalty payments/taxation for naturally-recurring items of nature



  4. Yes, There is Definitely Brain Drain (Experience Deficit) at the European Patent Office and Stakeholders Feel It

    The direction that the European Patent Office has taken under Battistelli undoes many decades (almost half a century) of reputation-building and progress and naturally this repels existing staff, not to mention hampers recruitment efforts



  5. The Sickness of the EPO – Part IV: Cruel Management That Deliberately Attacks the Sick and the Weak

    The dysphoric reality at the European Patent Office, which is becoming like a large cell (with bolted-down windows) where people are controlled by fear and scapegoats are selected to perpetuate this atmosphere of terror and maintain demand (or workload) for the Investigative Stasi



  6. Links 23/2/2017: Qt 5.9 Alpha, First SHA1 Collision

    Links for the day



  7. UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

    Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC



  8. The Sickness of the EPO – Part III: Invalidity and Suicides

    An explanation of what drives a lot of EPO veterans to depression and sometimes even suicide



  9. The Appeal Board (PTAB) and Federal Circuit (CAFC) Maintain Good Pace of Patent Elimination Where Scope Was Exceeded

    The Court of Appeals for the Federal Circuit (CAFC) continues to accept about 4 out of 5 decisions of the Patent Trial and Appeal Board (PTAB) and the US Supreme Court (SCOTUS) refuses to intervene



  10. Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

    The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn't liking what has happened in the United States and it wants everything reversed



  11. Report From Yesterday's Debate About the European Patent Office (EPO) at the Bavarian Landtag

    A report of the EPO debate which took place at the Bavarian Landtag yesterday (21/2/2017)



  12. Links 22/2/2017: Wine-Staging 2.2, Nautilus 3.24

    Links for the day



  13. French Politician Richard Yung Tells the Government About Abuses at the European Patent Office (EPO)

    The subject of EPO scandals has once again landed in French politics, just a couple of months since it last happened



  14. The Sickness of the EPO – Part II: Background Information and Insights

    With a privatised, in-house (sometimes outsourced and for-profit) force for surveillance, policing, justice, public relations and now medical assessment (mere vassals or marionettes of the management) the EPO serves to show that it has become indistinguishable from North Korea, where the Supreme Leader gets to control every single aspect (absolutely no separation of powers)



  15. EPO Cartoon/Caricature by KrewinkelKrijst

    A new rendition by Dutch cartoonist and illustrator KrewinkelKrijst



  16. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  17. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  18. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse



  19. Links 21/2/2017: KDE Plasma 5.9.2 in Chakra GNU/Linux, pfSense 2.3.3

    Links for the day



  20. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  21. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  22. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  23. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  24. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  25. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  26. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  27. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  28. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  29. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  30. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)


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