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


Patents Roundup: Microsoft, RAND, Extortion, and Ending Software Patents

Posted in Deals, EFF, Europe, Free/Libre Software, FSF, Microsoft, Patents at 4:54 pm by Dr. Roy Schestowitz

Novell newspaper

THERE ARE some bad news and some good news this week. We’ll begin with some of the bad.

Microsoft Against Free Software

Microsoft has just entered a extortion licensing deal with 123map.

Microsoft Corp. and 123map GmbH & Co. KG, a supplier of high-quality geographical services, announced a patent licensing agreement that will enhance 123map’s ability to bring digital point-of-interest mapping technology to its customers.

The text above is pseudo-journalism, recasting a press release [1, 2]. The press release also comes from Redmond and it more or less tells which side is winning.

According to this report, there might be an element of open source software involved.

Microsoft in pact with semi-open source map maker


“123map’s products are developed with a diverse mix of proprietary and open source software, and this business agreement is a testament to the importance of mutual respect for IP, regardless of development models,” Microsoft officials said in a statement today.

Once again they label "open source" a "development model" (nothing to do with rights or freedom) and they use the term “IP” in order to blur the gap between copyrights, trademarks, and software patents in this case. Why does a German company engage in such a deal? Are these patents legitimate over there at all?

Another brow-raising development comes from AXIGEN, a Romanian collaboration server company that is (or was) focused on BSD and GNU/Linux. It is joining something which is called “Microsoft’s Empower Initiative for ISVs.”

AXIGEN (http://www.axigen.com/), the professional messaging solution vendor, announces it has joined the Empower for ISVs (Independent Software Vendors) initiative, partnership program designed by Microsoft (http://www.microsoft.com/), worldwide leader in software, services and solutions. Empower combines deep industry knowledge, useful tools, powerful research expertise and innovative thinking aimed at supporting global business growth.


Winner of the ServerWatch 2007 Product Excellence Award for the Communications Server category, AXIGEN Mail Server features a carrier class technology and outstanding support. Now at version 6.2, AXIGEN runs on several Linux and BSD distributions, on Solaris, on Windows operating systems, on PowerPC and SPARC architectures and is becoming the messaging solution of choice for a growing number of service providers and enterprises worldwide.

This has nothing to do with patents, but it’s another timely example of Microsoft co-opting rivals.


The nuisance which is Rambus [1, 2, 3] has been leeching off its competitors using patents that it hid inside standards. The European Commission did strike back with accusations, but over in the United States it has been a subject of active debate. Well, sadly enough, Rambus eventually got its way.

The Supreme Court rejected the US Federal Trade Commission’s request to resurrect antitrust accusations the District of Columbia Circuit tossed out in April. Its latest rebuff effectively kills the regulator’s seven-year saga against Rambus for allegedly monopolizing four key technologies found in DRAM chips.

The FTC accuses Rambus of deceiving the memory standard-setting group JEDEC (Joint Electron Device Engineering Council) by not disclosing its intentions to patent technologies that would become part of the DDR SDRAM specification.

This important development which can serve as precedence is also covered in:

“That’s great news for Microsoft,” writes Jose. They have sneaked patents into formats like OOXML, which they committed many crimes to make standards.


Philips is one of the most vicious lobbyists for software patents in Europe. It even uses ‘attack dogs’ to do its extortions [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. Well, Digital Majority has just found this text from Philips regarding the Enlarged Board of Appeals referral [1, 2, 3, 4, 5, 6, 7, 8]. It says:

Observations: In view of the above discussion on the statutory background, the examples in Article 52(2) EPC should be understood in the light of the principle that all technical inventions are patent-eligible, while all non-technical subjects are not. So, it is not relevant whether some computer-related wording is used in a claim, as the question that needs to be answered is whether the claim relates to a technical invention. Moreover, it is not that relevant whether a claim in the area of computer programs avoids exclusion under Article 52(2)(c) and (3) EPC by using some smartly chosen wording, as it still needs to be new and involve an inventive step in order to be patentable. As has been aptly mentioned in T 154/04, only technical features can contribute to novelty and inventive step, so that there must be technical features that distinguish the invention from the prior art in a non-obvious way.

Also in Europe — the spats-thirsty lawyers from IPKats are trying to force software patents upon the UK using ZDNet as their platform. Glyn Moody rebuts.

Professionals who work in the field of intellectual monopolies have a problem. Most of them are quite able to see there are serious problems with the system, but since their entire career has been built on it, they can hardly trash the whole thing. Instead, they not unreasonably try to come up with a “reasonable” compromise.


There are simply *no* good reasons for software patents, and hence no justification for halfway houses, however reasonably framed, and however intelligent and reasonable the framer.

Economics of Software Patents

Another good find from Glyn Moody is this paper which shows that patents decrease innovation and therefore harm consumers.

This work basically shows that recent attempts to introduce intellectual monopolies into science in order to “promote innovation” have actually been counter-productive.


In this context at least, it’s openness that leads to more innovation, not its polar opposite.

Some people are still trading software patents. This trend leads Mike Masnick to asking some hard questions.

The Chicago Tribune has an article claiming that intellectual property sales are “growing” despite the recession, as companies look to sell off what they’re not using. Except… the article doesn’t present any evidence whatsoever

End Software Patents

There are two strands of news in this area; first is the Free Software Foundation’s support for the second phase of EndSoftwarePatents.org. This attacks the problem at its root.

The Free Software Foundation today announced funding for the End Software Patents project to document the case for ending software patents worldwide. This catalog of studies, economic arguments, and legal analyses will build on the recent success of the “in re Bilski” court ruling, in which End Software Patents (ESP) helped play a key role in narrowing the scope for patenting software ideas in the USA.

This also appears here and Glyn Moody sets his sights (probably hopes) very high:

Here’s to Phase III: victory.

The EFF is doing its own share of activism and reporting, as well. It typically targets one patent at the time as opposed to the system which makes them possible in the first place.

In April 2007, as part of our Patent Busting Project, we asked the U.S. Patent and Trademark Office (PTO) to revisit its decision to grant NeoMedia a patent that broadly claimed to cover database lookups using things like barcodes. In October 2007, the PTO agreed to take another look, and last July, it issued an initial opinion that all 95 claims of the NeoMedia patent were invalid.

The next battleground for Free software is likely to be legal, not just technical. Programmers prefer to focus on technical aspects alone, but ignoring all those ‘peripheral’, man-made aspects does not mean that they will magically disappear. The maximalists always work on new laws to protect their monopolies and banish their competition.

“Value your freedom or you will lose it, teaches history. “Don’t bother us with politics,” respond those who don’t want to learn.”

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


  1. Rick said,

    February 24, 2009 at 9:41 pm


    Re EFF and NeoMedia – The USPTO just supported NeoMedia by giving them a the rights to the patent. NeoMedia did make small changes by moving a couple of te 95 claims into other claims. Loks like less were authorized, but the whole patent was re-affirmed.

  2. streetstylz said,

    February 28, 2009 at 1:11 am


    NeoMedia Presents Case Study On Patent Win


    Case Study by Barkume and Associates

What Else is New

  1. Željko Topić Attacks EPO Staff for 'Daring' to Legally Challenge the EPO's Management Over Its Gross Abuses in Europe

    Benoît Battistelli's right-hand man, Željko Topić, is under the false impression that yet more threats against staff of the EPO will help contain the crisis rather than further inflame it

  2. Media Reports Based on New Patents Suggest That Microsoft Continues to Attack Google and Android/Linux, Trying to Tax and Delete Android

    Reports and patent applications serve to show that Microsoft not only tries to infiltrate ("embrace") Android to put its apps there ("extend") but ultimately to delete ("extinguish") Android

  3. Commenters Provide Possible Explanations for Mr Van der Eijk Being on Unlimited Sick Leave

    Rumours are swirling around Wim Van der Eijk's absence, suggesting that he too may be a victim of Benoît Battistelli's iron fist

  4. Links 6/10/2015: Linux 4.3 RC4, HP OpenSwitch, Wind River Linux 8

    Links for the day

  5. With Software Patents in Europe (and Pushes for the Same Thing in Australia and India) Patent Trolls Now Come to Europe, Attack Android/Linux

    Worst-case scenarios are becoming a reality as Android backers officially attacked by patent trolls using standard-essential patents in London, England

  6. New Information on Limbo in the Enlarged Board, Courtesy of Illegal Actions by the EPO's Benoît Battistelli

    Battistelli's bullying of people whom he is not even allowed to bully turns out to have gone on for a lot longer than promised, and there is no sign of light at the end of this tunnel

  7. Microsoft Customers Complain About 'Inevitable' Vista 10 Because Microsoft Nearly Forces Botched 'Upgrades'

    In a desperate effort to spread Vista 10, sometimes even against people's will, Microsoft really upsets loyal customers, who are eventually eager to explore alternatives

  8. Dr. Ingve Björn Stjerna Explains Why the UPC (“Unitary Patent“ System) is an Undemocratic Sham Whilst UPC Silently Advanced by Patent Lawyers and Politicians

    European patent laws are being covertly overridden so as to allow broader scope of litigation, higher financial damages, speedy injunctions, and even software patents; the European public is intentionally kept in the dark about it, hence kept unable to express scepticism or issue truly effective objections

  9. IRC Proceedings: September 13th, 2015 – October 3rd, 2015

    Many IRC logs

  10. Article Explains Why SUEPO Went Silent Well Over a Week Ago: Nobody is Allowed to Talk to Journalists Without Permission From Battistelli

    More threats from Benoît Battistelli (threats of termination and legal actions on top of it) help hide the abuses of Battistelli and his fellow thugs at the EPO

  11. A Linux World: After Billions of Dollars in Losses Microsoft Changes How It Reports Financial Results

    The abusive monopolist is trying very hard to hide its growing difficulties, especially in an effort to bamboozle non-technical shareholders who cannot understand how Linux has essentially taken over

  12. Microsoft Continues to Extort Linux and Android OEMs Using Software Patents, This Time ASUS (Forced to Pre-Install Microsoft Spyware With OOXML)

    A roundup of news illustrating that Microsoft is still very much in a total war against Android, (mis)using federal regulators and even software patents to get its way

  13. Links 4/10/2015: Linux 4.2.3 , 4.1.10; MPlayer 1.2 released

    Links for the day

  14. Links 2/10/2015: Qubes 3.0, Linux.Wifatch

    Links for the day

  15. Microsoft-Connected Firm Net Applications Used to Mislead About Vista 10 Share and Mock GNU/Linux

    People who are connected to Microsoft (some being former staff) link to a firm that is connected to Microsoft in order to create the illusion that Vista 10 market share grew to 6.63%

  16. Chairman of the Enlarged Board of Appeal (EBoA) and EPO Vice-President of DG3 Suspiciously on Unlimited Sick Leave After Benoît Battistelli's Unprecedented Attacks on Other EBoA Staff

    Rumours suggest that Benoît Battistelli's affairs at the EPO may have something to do with Wim Van der Eijk's longterm absence

  17. Microsoft's Secret Special Relationship With EPO Illustrates Serious Corruption at Microsoft and the EPO

    A big story about the EPO and Microsoft working in a sort of collusion-type setup so as to serve Microsoft's patent agenda, which involves aggression, even against European software that is Free (as in freedom)

  18. Links 1/10/2015: LFS 7.8, Calculate Linux 15 Released

    Links for the day

  19. The 'Microsoft Loves Linux' Baloney is Still Being Floated in the Media While Microsoft Attacks Linux With Patents, New Lawsuits Reported

    Despite Microsoft's continued assault on Linux and on Android (using software patents, which it still discreetly lobbies for), some figures in the media are perpetually peddling the Microsoft-serving lie that 'Microsoft loves Linux'

  20. The Microsoft Botnet Goes Bonkers and ATMs Running Windows Spew Out Cash

    The terrible security (by design) of Microsoft Windows is causing all sorts of very serious and collectively expensive issues

  21. Black Duck Continues to Pile FUD on Free/Libre Software

    Having spent nearly a decade promoting the fear of Free software licensing, Black Duck now does the same regarding Free software security

  22. Links 30/9/2015: New Kernels, Nexus Devices

    Links for the day

  23. Links 28/9/2015: Last News Catchup Before Resumption

    Links for the day

  24. Links 25/9/2015: GNU/Linux in Indian Government, NeoKylin in China

    Links for the day

  25. Süddeutsche Zeitung Explains Imminent Federal Scrutiny Against Battistelli's EPO in Germany

    The German newspaper Süddeutsche Zeitung reveals that actions by the German government may be imminent against the EPO's cliquish management, including its ringleader Benoît Battistelli

  26. EPO Managers, Patent Lawyers, Commissioners and Other Non-Technical Personnel Tackle Democracy, Alter Laws in Bulk and in Secret

    The reckless assault on European democracies and long-established laws across Europe are now lucidly demonstrated when it comes to patents

  27. Europe's Acceptance of and Resistance to Software Patents, Courtesy of Corporate Front Groups and Courtrooms Respectively

    A snapshot of recent developments and upcoming developments in Europe, regarding software patents in particular

  28. German Press Explains EPO Investigation Unit (I.U.), Struggles to Openly Speak to the Secretive EPO

    The secretive Investigation/Investigative Unit (I.U.) of the European Patent Office (EPO) is further studied/explored by a recent article from junge Welt, an old and well-established German newspaper (since 1947)

  29. Links 24/9/2015: GNOME 3.18, Fedora 23 Beta, New Firefox

    Links for the day

  30. Translation Needed of Article About EPO Threats Against SUEPO's Elizabeth Hardon

    A call for translation of an important article that may help shed light on the modus operandi of the Investigation/Investigative Unit of the EPO, which works with Control Risks Group (CRG), the 'British Blackwater'


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