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

02.28.09

Patents Roundup: Microsoft Trolls, Lobbyists, and End[ing] Software Patents (ESP)

Posted in GNU/Linux, Microsoft, Patents at 7:25 am by Dr. Roy Schestowitz

Summary: Intellectual Ventures revisited; Microsoft keeps busy promoting software patents in Europe; software patents under scrutiny with successful campaigning against them.

A very long post about the TomTom case [1, 2] is coming, but for the time being, let us look at other existing issues and developments that are part of the same important theme.

A new legislation for patent reform in the United States is set to be proposed next week, according to our sources. Until then, Microsoft is keeping busy lobbying and hoarding patents.

Microsoft-Funded Patent-Trolling

Nathan Myhrvold

Several days before the TomTom lawsuit came to light, CNET had pointed out that a risk to Free software is also the Microsoft-conceived and Microsoft-funded patent troll which goes by the name of Intellectual Ventures.

I ask because it’s almost certain that someone is going to purchase the IP, and it’s likely to be a Microsoft or Oracle (or, possibly worse, Intellectual Ventures), to the extent the IP is worth anything. Instead, now would be a good time for open-source patent-pooling collectives like Open Invention Network to buy up these assets and use them to protect open source.

In a later post from CNET it was also argued that “the real patent threat” is Microsoft’s patent troll but not Microsoft itself. Intellectual Ventures, unlike Microsoft, cannot be countered by OIN.

Hence, while the open-source world is up in arms about Microsoft’s TomTom patent suit, it should be far more worried about news that Intellectual Ventures has grabbed another 500 patents through a deal with Telcordia Technologies, as TechFlash reports. Intellectual Ventures, arguably the world’s largest patent troll, is set up to do nothing more than license its intellectual property, which it has done to the tune of hundreds of millions of dollars.

Here is the report cited by the above.

Intellectual Ventures is adding to its huge pile of patents. The Bellevue-based firm, founded by former Microsoft CTO Nathan Myhrvold, is today announcing a partnership with broadband company Telcordia Technologies, giving it access to more than 500 Telcordia patents. Intellectual Ventures has also pledged to fund Telcordia research and development.

There are other large patent trolls, including Gates' own, and the endless possibilities in Acacia [1, 2, 3, 4, 5, 6, 7, 8, 9]. Mike Masnick ponders this outlandish idea of investing just in patents and running companies that are dedicated just to them.

European Law Under Microsoft-Funded Attack

We learn that in the 5th of March Zuck will be in in Brussels, as expected. He is already mucking about with an "open source" report on Microsoft's behalf and we are seeing constant reminders of the threat of the Community patent. Microsoft really wants software patents to be formally legalised in Europe. It essentially buys anti-Free software laws.

Absurdity of Software Patents Revisited

Several new posts question the legitimacy of patents as a whole. Examples:

i. Science Needs Permission?

Because GM crops are considered “intellectual property” of the companies that sell them, reearchers need permission from the company to plant them, even for research purposes.

ii. There Are No Good Arguments for Intellectual Property (and ‘Interaction Rights’!)

There are some decent arguments out there that argue in favor of a state, welfare rights, war, democracy, drug laws, and so on. They are all flawed, since libertarianism is right, but there are coherent, honest arguments that we libertarians have to grapple with.

But it is striking that there are no decent arguments for IP–as Manuel Lora remarked to me, “You know, I haven’t seen a good pro IP article ever.” This is true. One sees the same incoherent or insincere claims made over and over, such as:

1. It’s in the constitution (argument from authority; legal positivism)
2. Intellectual property is called property! (argument by definition?)

iii. More Examples Of Patents Harming Research

A group of scientists are now complaining about this to the EPA, but perhaps they should be complaining to the USPTO and Congress, as well, as it’s time that this sort of abuse of intellectual property was stopped entirely.

Here is an indicator of the very poor state with regards to software patenting.

I call them the ‘on the Internet’ patents. You can patent anything by adding the suffix – ‘on the internet’.

Visa feels the wrath of this bad system.

Visa has been hit with a lawsuit for allegedly infringing a patent covering the notification and authorisation of transactions via text messages sent to cardholders’ mobile phones.

What about standards, which are being stifled by patents? How is that productive?

Both patents and standardisation are areas of regulation based on public benefit considerations. Succinctly put, a patent is a monopoly granted for a limited time by the government on behalf of its citizens to promote disclosure of breakthroughs that will in turn enable future innovation.

Greed and Hypocrites

SUN claims to be in a transition to an open source identity, but its policy on software patents gives room for doubt. And in fact, based on this new article from India, SUN is accepting (almost reinforcing) rather than challenging a broken system.

Added Dr Jaijit Bhattacharya, director, government strategy, Sun Microsystems India, said, “The Open Innovation Portal will be complimentary to the existing IPR framework and will cater to those innovations that come below the bar for a patent application and will cater to those innovators who cannot afford the patenting process. This is especially true in the emerging economies scenario where standalone innovators may or may not have the financial wherewithal to file the patent.”

Kaspersky too has resorted to playing the game of software patents and Palm is no foe of stuff that’s antithetical to Free software despite its use of Linux, maybe for ‘defensive’ purposes (against Apple for example).

The Pre’s Combined Messaging: Patent Pending

[...]

Something missing from Palm’s CES presentation of the Palm Pre: jaunty claims that they’ve patented their innovations up the wazoo. Maybe it’s because they have a massive cache of smartphone patents in their portfolio already and didn’t want to toot their horn. Maybe they were just being coy. Maybe, though, they were just waiting for their various patent applications to get approved before they brought it up.

Campaigning

In order to end software patents once and for all, the End Software Patents (ESP) campaign pushes harder and harder. It has also earned media attention in:

i. Let’s keep the software patent debate on the straight and narrow

I very much hope that what the End Software Patents project comes up with in terms of studies, statistics and the rest of it does stand up to independent scrutiny. There could be a case for removing all patent protection from software – though I have yet to see one convincingly made – but it will not be advanced by manipulation and distortion. One thing that you can be sure of is that this blog will be watching very carefully for any signs of people being economical with the truth.

ii. Again A Desperate Attempt To Re-Vitalise Campaign Against CII-Patents

Now, according to a recent report, the Free Software Foundation has announced funding for the End Software Patents project to document the case for ending patents on computer-implemented inventions worldwide. A catalogue of studies, economic arguments, and legal analyses will build on the “in re Bilski” court ruling, in which End Software Patents (ESP) claims to have helped play a key role in narrowing the scope for patenting software ideas in the USA.

iii. FSF in Round Two Against Software Patents

The Free Software Foundation (FSF) is persisting in its worldwide battle against software patents with comprehensive background information and has hired lobbyist Ciaran O’Riordan to fight the next round.

With Bilski at everyone’s disposal, a big final push to end software patents is practical and thus encouraged.

Linux users can help with the patent problem. “Talk about this problem. Educate ourselves and educate others. Instead of fostering innovation it’s hindering innovation,” he said. “We have a large amount of work to do to educate people about this.” Red Hat is also seeking prior art to help defend a lawsuit from a patent troll firm that is suing both it and Novell.

Inform peers, family, MEPs, etc. so as to end software patents for good. Without such patents, Free software sure will triumph much faster (as it should).

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,

    February 28, 2009 at 9:38 am

    Gravatar

    There are no “potentially corrupted politicians”. The seeds of corruption were sowed many years ago. Microsoft, Intellectual Vultures, Acacia, etc. are just “reaping” from the now fully corrupted elected and appointed officials entrusted to lead the nation. Now they want to take their stain outside the US and propagate their excrement unto other nations.

  2. Roy Schestowitz said,

    February 28, 2009 at 9:43 am

    Gravatar

    Well, of course. You have to ‘harmonise’ and simplify universal legislation, just like DMCA.

What Else is New


  1. United for Patent Reform Defends USPTO Director Michelle Lee From Attacks by the Patent Microcosm

    Michelle Lee is finally (if not belatedly) shielded by a bunch of large technology companies; The deep-pocketed industry finally steps in line with our position, which is usually when things turn out the way we advocate for



  2. Team UPC and CIPA Are Lobbying, Publishing Puff Pieces, and Rewriting the Law for Unitary Patent (UPC) Behind Closed Doors

    A collection of the latest news and views on the UPC, which is being lied about by those who stand to benefit from it and is probably going nowhere because Brexit means that the UK stays out, in which case it must be reset and pertinent ratifications done all over again



  3. China's Suffering From Patent Maximalism Has Europe Forewarned

    The parasitic elements inside China -- those that just want lots of litigation (even if from patent trolls) -- are winning over, much to the detriment of the Chinese economy, and Team UPC threatens to do the same in Europe with help from Battistelli



  4. Links 27/4/2017: Mesa 17.0.5 RC1, Git 2.13.0 RC1, and Linkerd 1.0

    Links for the day



  5. The Latest Expensive PR Blitz of the EPO, Led by Jana Mittermaier and Rainer Osterwalder Under the 'European Inventor Award' Banner

    The PR agencies of the Corsican in Chief, who appears to be buying political support rather than earning any, are very busy this week, as yet another reputation laundering campaign kicks off



  6. Links 26/4/2017: SMPlayer 17.4.2, Libreboot Wants to Rejoin GNU

    Links for the day



  7. PatentShield is Not the Solution and It Won't Protect Google/Android From Patent Trolls Like Microsoft's

    A new initiative called "PatentShield" is launched, but it's yet another one of those many initiatives (Peer-to-Patent and the likes of it, LOT Network, OIN, PAX etc.) that serve to distract from the real and much simpler solutions



  8. Patent Quality Crisis and Unprecedented Trouble at the European Patent Office (EPO) Negatively Affect Legitimate Companies in the US As Well

    The granting en masse of questionable patents by the EPO (patent maximalism) is becoming a liability and growing risk to companies which operate not only in Europe but also elsewhere



  9. Blog 'Takeovers' by Bristows and Then Censorship: Now This Firm Lies About the Unitary Patent (UPC) and Then Deletes Comments That Point Out the Errors

    Not only are Bristows employees grabbing the mic in various high-profile IP blogs for the purpose of UPC promotion (by distortion of facts); they also actively suppress critics of the UPC



  10. Links 25/4/2017: Kali Linux 2017.1 Released, NSA Back Doors in Windows Cause Chaos

    Links for the day



  11. Astoundingly, IP Kat Has Become a Leading Source of UPC and Battistelli Propaganda

    The pro-UPC outlets, which enjoy EPO budget (i.e. stakeholders' money), are becoming mere amplifiers of Benoît Battistelli and his right-hand UPC woman Margot Fröhlinger, irrespective of actual facts



  12. EPO Fiasco to be Discussed in German Local Authority (Bavarian Parliament) Some Time Today as the Institution Continues Its Avoidable Collapse

    Conflict between management and staff -- a result of truly destructive strategies and violations of the law by Benoît Battistelli -- continues to escalate and threatens to altogether dismantle the European Patent Office (EPO)



  13. In the US and Elsewhere, Qualcomm's Software Patents Are a Significant Tax Everyone Must Pay

    The state of the mobile market when companies such as Qualcomm, which don't really produce anything, take a large piece of the revenue pie



  14. In South Asia, Old Myths to Promote Patent Maximalism, Courtesy of the Patent Microcosm

    The latest example of software patents advocacy and patent 'parades' in India, as well as something from IPOS in Singapore



  15. Links 24/4/2017: Linux 4.11 RC8, MPV 0.25

    Links for the day



  16. Why Authorities in the Netherlands Need to Strip the EPO of Immunity and Investigate Fire Safety Violations

    How intimidation and crackdown on the staff representatives at the EPO may have led to lack of awareness (and action) about lack of compliance with fire safety standards



  17. Insensitivity at the EPO’s Management – Part IX: Testament to the Fear of an Autocratic Regime

    A return to the crucial observation and a reminder of the fact that at the EPO it takes great courage to say the truth nowadays



  18. For the Fordham Echo Chamber (Patent Maximalism), Judges From the EPO Boards of Appeal Are Not Worth Entertaining

    In an event steered if not stuffed by patent radicals such as Bristows and Microsoft (abusive, serial litigators) there are no balanced panels or even reasonable discussions



  19. EPO Staff Representatives Fired Using “Disciplinary Committee That Was Improperly Composed” as Per ILO's Decision

    The Board of the Administrative Council at European Patent Organisation is being informed of the union-busting activities of Battistelli -- activities that are both illegal (as per national and international standards) and are detrimental to the Organisation



  20. Links 23/4/2017: End of arkOS, Collabora Office 5.3 Released

    Links for the day



  21. Intellectual Discovery and Microsoft Feed Patent Trolls Like Intellectual Ventures Which Then Strategically Attack Rivals

    Like a swarm of blood-sucking bats, patent trolls prey on affluent companies that derive their wealth from GNU/Linux and freedom-respecting software (Free/libre software)



  22. The European Patent Office Has Just Killed a Cat (or Skinned a 'Kat')

    The EPO’s attack on the media, including us, resulted in a stream of misinformation and puff pieces about the EPO and UPC, putting at risk not just European democracy but also corrupting the European press



  23. Yann Ménière Resorts to Buzzwords to Recklessly Promote Floods of Patents, Dooming the EPO Amid Decline in Patent Applications

    Battistelli's French Chief Economist is not much of an economist but a patent maximalist toeing the party line of Monsieur Battistelli (lots of easy grants and litigation galore, for UPC hopefuls)



  24. Even Patent Bullies Like Microsoft and Facebook Find the Patent Trial and Appeal Board (PTAB) Useful

    Not just companies accused of patent infringement need the PTAB but also frequent accusers with deep pockets need the PTAB, based on some new figures and new developments



  25. Links 21/4/2017: Qt Creator 4.2.2, ROSA Desktop Fresh R9

    Links for the day



  26. At the EPO, Seeding of Puff Piece in the Press/Academia Sometimes Transparent Enough to View

    The EPO‘s PR team likes to 'spam' journalists and others (for PR) and sometimes does this publicly, as the tweets below show — a desperate recruitment and reputation laundering drive



  27. Affordable and Sophisticated Mobile Devices Are Kept Away by Patent Trolls and Aggressors That Tax Everything

    The war against commoditisation of mobile computing has turned a potentially thriving market with fast innovation rates into a war zone full of patent trolls (sometimes suing at the behest of large companies that hand them patents for this purpose)



  28. In Spite of Lobbying and Endless Attempts by the Patent Microcosm, US Supreme Court Won't Consider Any Software Patent Cases Anymore (in the Foreseeable Future)

    Lobbyists of software patents, i.e. proponents of endless litigation and patent trolls, are attempting to convince the US Supreme Court (SCOTUS) to have another look at abstract patents and reconsider its position on cases like Alice Corp. v CLS Bank International



  29. Expect Team UPC to Remain in Deep Denial About the Unitary Patent/Unified Court (UPC) Having No Prospects

    The prevailing denial that the UPC is effectively dead, courtesy of sites and blogs whose writers stood to profit from the UPC



  30. EPO in 2017: Erroneously Grant a Lot of Patents in Bulk or Get Sacked

    Quality of patent examination is being abandoned at the EPO and those who disobey or refuse to play along are being fired (or asked to resign to avoid forced resignations which would stain their record)


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