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

03.05.09

European Action Organised Against “Economic Parasite” (Microsoft) After TomTom Lawsuit

Posted in America, Antitrust, Europe, GNU/Linux, Law, Microsoft, Patents at 10:46 am by Dr. Roy Schestowitz

Software patents protest in India

Summary: In the face of heavy Microsoft lobbying against Free software in Europe, in addition to a patent lawsuit against one Linux-based European company, backlash was inevitable

A NEW paper from IPRIA speaks about the strangulation of small players in the market which is saturated with patents. But Microsoft tells different stories using its lobbying guns and pseudo-grassroots campaigns [1, 2, 3]. It has been very busy hijacking papers and voices in Europe recently, but not everyone is willing to tolerate it.

EndSoftwarePatents.org, with backing from the FSF and FSFE, is going to stage protests that rain on Microsoft’s self-serving parade and “schmoozing” of diplomats (Microsoft bamboozled and schmoozed Commissioner Neelie Kroes).

Here are the preliminary details:

Raise awareness of ‘Economic Parasites’, Brussels, Thursday 5th 8am

EndSoftwarePatents.org will be launching the “Economic Parasites” campaign and our first action will be to inform the attendees of Microsoft’s “Growth and Innovation Day”.

Help is needed to hand out leaflets outside the entrance before this event.

Since this is very short notice, if you know someone else who might be happy to help us, please forward them this email.

Microsoft attacked free software and GNU/Linux users with software patent claims against the Tom Tom Navigator and its implementation of the FAT file system. With widespread support for GNU/Linux becoming a reality, are these patent claims an attempt to chill adoption by spreading fear, uncertainty and doubt (FUD)? Let’s remind businesses and politicians in Brussels that Microsoft is a parasite.

Microsoft’s patent aggression [1, 2] is already working quite badly against it. In fact, to illustrate the situation, here is a new TomTom cartoon. Think about the impact of Bilski [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] because software patents may not be really valid anymore, surely not in Europe. But there are barriers nonetheless, such as this disinformation-filled page from the EPO. It’s angering a number of people who spot the propaganda language.

Why are such programs not patentable in Europe?

The EPO does not grant patents for computer programs or computer-implemented business methods that make no technical contribution. Programs for computers as such are excluded from patentability by virtue of Art. 52(2)(c) and (3) EPC. According to this patent law, a program for a computer is not patentable if it does not have the potential to cause a “further technical effect” which must go beyond the inherent technical interactions between hardware and software.

On the other hand, a CII (even in the form of a computer program) that can provide this further technical effect can be patentable, subject to the other patentability requirements, such as novelty and inventive step. In this case, it would be recognised as providing a technical solution to a technical problem.

Richard Stallman has already stated that “staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.” Richard Stallman, on behalf of the Free Software Foundation, has also made a call to address IETF’s monopoly enablement and he explains why.

In an e-mail message sent to various mailing lists, Mr Richard Stallman argued:

“A patented standard for software is worse than no standard, because it functions to augment the patent holder’s stranglehold over society. What everyone ought to do is resist it.

As long as the IETF allows patented standards for software, anyone can argue about any proposed patented standard that it important enough to excuse the patent. Others can argue that it is not, but since that is a question of judgment, the conclusion is never inevitable. So the risk is always broader than it might appear.”

Obviously Mr Stallman and, with him FSF, are launching an attempt to use the particular Draft standard at stake as a vehicle for launching a broader political debate on CII patenting in the wider context of the IETF.

It is important to remember whose interests are served by changing patent law so as to protect monopolies with legal means. Microsoft’s OOXML corruptions, for example, were done for an important reason (patents and control). Charles explains how these things may also relate to Microsoft’s corporate behaviour, which devolved further:

Microsoft defends itself by being Microsoft. I am not naïve and I know there were other monopolies in the recent past: But if we remember well the eighties, Microsoft used to have some charm back then. These days, it’s all about legal actions, and lobbying of international institutions. The last one is particularly shocking given Microsoft’s poor record with standardisation. But it does not stop this company to send in one of its best people, Amy Marasco, to the ITU in order to frame an intellectual property policy designed, among other goals, to hinder the FOSS sector to use standards.

By all means, Microsoft is still a monopoly abuser whose “undocumentation” (Microsoft’s own term) is not satisfactory [1, 2, 3, 4], as matter of design. So it’s disappointing to see the European Commission dropping the ball despite the clear warnings.

The EU executive appointed computer science professor Neil Barrett in 2005 to assess data provided by Microsoft — documents that he later judged as “unusable” as a manual for software engineers.

What is the European Commission thinking here?

The European Commission has relaxed the requirements of the 2004 anti-trust order against Microsoft – the software giant no longer needs its behaviour watched by a full-time “monitoring trustee”.

Could the company's many EU cronies be partly responsible for this? Microsoft’s political muscle is nothing to sneeze at [1, 2].

As the company continues to attack GNU/Linux by proxy, suspicions remain about Red Hat's latest debacle, which Heise is now covering as well.

Red Hat hit by a patent suit

[...]

According to the court filing by Software Tree, the patent has previously been re-examined by the patent office and was granted a re-examination certificate in April 2008. The filing states that Software Tree wishes the court to award unspecified damages to them for infringement and lost profit and to permanently injunct Red Hat from distributing Hibernate, while it infringes the patent.

As David Gerard points out, “this is two competitors for the price of one: Red Hat and Java.”

To summarise with just one thought in the words of Anthony J. D’Angelo, “If you believe that discrimination exists, it will.” Microsoft is always trying to marginalise — if not altogether illegalise — Free software. Whereas Microsoft claims that it’s discriminated against by Free software advocates, it seems unable to acknowledge its own hypocrisy.

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

    Links for the day



  2. 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



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

    Links for the day



  4. 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



  5. 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



  6. 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



  7. 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



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

    Links for the day



  9. 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



  10. 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



  11. Released Late on a Friday, EPO Social 'Study' (Battistelli-Commissioned Propaganda) Attempts to Blame Staff for Everything

    The longstanding propaganda campaign (framing staff as happy or framing unhappy staff as a disgruntled minority) is out and the timing of the release is suspicious to say the least



  12. Links 23/9/2016: Latest Microsoft and Lenovo Spin (Now in ‘Damage Control’ Mode)

    Links for the day



  13. White Male-Dominated EPO Management Sinks to New Lows, Again

    Benoît Battistelli continues to make the EPO look like Europe's biggest laughing stock by attempting to tackle issues with corny photo ops rather than real change (like SUEPO recognition, diverse hiring, improved patent quality, and cessation of sheer abuses)



  14. Journalism 102: Do Not Become Like 'Managing IP' or IAM 'Magazine' (the Megaphones of the EPO’s Management)

    Another look at convergence between media and the EPO, which is spending virtually millions of Euros literally buying the media and ensuring that the EPO's abuses are scarcely covered (if ever mentioned at all)



  15. Journalism 101: Do Not Believe Anything That Benoît Battistelli and the EPO's Management Say (Also Don't Fall for the UPC Hype)

    A survey/review (or an overview) of recent articles about the EPO and why they're wrong (mostly because they parrot the official lies from Battistelli's department)



  16. Patent Law Firms, David Kappos, and IAM 'Magazine' Still Shelter Software Patents by Cherry-Picking and Lobbying

    Amid the gradual collapse of software patents in the United States there are disingenuous efforts to bring them back or maintain a perception that these patents are still potent



  17. Microsoft-Connected Patent Trolls Going Places and Suing Microsoft Rivals, Microsoft Wants More 'Linux Patent Tax'

    Microsoft-connected patent trolls like Larry Horn's MobileMedia are still attacking Microsoft rivals and Microsoft wants more money from Korea, after it attacked Linux with software patents over there (notably Samsung and LG)



  18. Links 22/9/2016: Linux Professional Institute Redesign, Red Hat Upgraded

    Links for the day



  19. Links 22/9/2016: Red Hat's Latest Results, GNOME 3.22 Released

    Links for the day



  20. The Patent Law Firms in the US Relentlessly Lobby for Software Patents Resurgence by Placing Emphasis Only on Rare Outcomes

    Decisions against software patents continue to be ignored or intentionally overlooked by patent law firms, which instead saturate the media with the few cases where courts unexpectedly rule in favour of software patents



  21. Links 21/9/2016: Lenovo Helps Microsoft Block GNU/Linux Installations

    Links for the day



  22. Like Big Tobacco Lobbyists, Benoît Battistelli and Team UPC Are Just Chronically Lying and Manipulating Politicians With Their Lies

    Benoît Battistelli and Team UPC continue to meddle in politics and mislead the public (through the press) about patent quality as well the UPC, which is now in effect sunk inside the ashtray of history



  23. The EPO's 'Investigative' Function is Totally Out of Control and Continues to Get Bigger, Whitewashed by So-called 'Review'

    An update on the situation which still causes great unrest at the European Patent Office (EPO), namely abuse of staff by the so-called Investigative Unit (Eponia's equivalent of unaccountable secret services)



  24. Microsoft and Patent Law Firms in the United States Can't Stop Writing About McRo in a Coordinated Push to Resurrect Software Patents

    Microsoft is pursuing more Linux 'patent tax' (using software patents) and patent law firms are preoccupied flooding the media with their shameless self-promotion which is also software patents promotion



  25. For Abuse Like Plagiarism and Malpractice, the US Patent System is Still World Champion

    Low patent quality, abusive litigation (e.g. by patent trolls) and various other elements that globally discredit the USPTO are only symptoms of a wider problem, which is a greedy system motivated by neo-liberal values rather than professionalism and servitude



  26. Links 20/9/2016: GNOME 3.22 Preview, Absolute 14.2 Released

    Links for the day



  27. Links 19/9/2016: Linux 4.8 RC7, KDevelop 5.0.1

    Links for the day



  28. Patents Roundup: Disclosure Requirements, Mobile Patents, Patent Lawyers' Plagiarism, USPTO Getting Sued, and Corporate Domination of the Patent System

    The unwanted elements of the patent system (as it stands at present) illuminated by very recent news and patent court cases



  29. With or Without the UPC (Which Will Probably Never Happen) Battistelli is Crushing the EPO and Ejects Experienced Staff, a Future Without Examination Possible

    A pessimistic but probably realistic take on what is happening at the European Patent Office (EPO), which is undergoing a silent transformation so wide-ranging that stakeholders deserve to know about it



  30. When EPO Liar-in-Chief Benoît Battistelli Defamed His Staff in Parliament, Comparing Them to Nazis and Criminals

    A reminder of the audacity of Benoît Battistelli, who in his capacity as a politician -- a problem in its own right -- slanders EPO staff


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