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

03.15.09

Patents Roundup: Microsoft, Linux, Acacia, Junk Patents, and Pseudo Reform

Posted in Courtroom, GNU/Linux, Microsoft, Patents at 9:42 am by Dr. Roy Schestowitz

Microsoft’s Attack on Linux with Software Patents

Jonathan Corbet’s analysis of the TomTom case is finally available to non-subscribers and more details on why Microsoft is likely to lose the case can be found here.

Bruce Perens and Jeremy Allison discuss the TomTom situation in Slashdot while Stuart DeGraaf writes in LinuxToday:

I believe this is all part of
Microsoft’s strategy to kill
GNU/Linux. Novell won its
case against SCO; Novell
proved that it owns the “IP”
in UNIX. As a result, Microsoft
cozied up to Novell with a
patent protection/extortion
plot it knew would kill Novell.
Now that Novell is at death’s
door, Microsoft will buy Novell,
and own the “IP” rights to UNIX.

Fortunately, ownership of
UNIX doesn’t imply ownership
of GNU/Linux, but I bet that
Ballmer is going to try to
play this legal card anyway.
Ballmer and his M$-bred “IP”
patent trolls (Nathan Myhrvold)
want to destroy the scientific
method and turn the clock back
to the Dark Ages.

Remember that Nathan Myhrvold claims “Intellectual property [to be] the next software.” He is still very close to Microsoft and he is the world’s biggest patent troll, who is now funding a study to defend the practice. Microsoft fosters quite a pack of patent harvesters to potentially support a patent attack on Free software.

Acacia and Other Patent Trolls

Bearing in mind that Acacia has connections with Microsoft [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11], we have already written about this company in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23]. According to one of our readers, Acacia has just ‘patented’ — or rather — bought a patent on anti-Trap safety technology for vehicles. This is what they do for a living rather than ever produce something. They buy rather than develop, just like Microsoft:

“Usually Microsoft doesn’t develop products, we buy products.”

Arno Edelmann, Microsoft’s European business security product manager

TJ Chiang, a professor at George Mason Law School, wrote for Patently-O about patent trolls and this report suggests that a controversial Burst.com patent [1, 2, 3, 4] is being passed to another unnamed entity (probably a patent troll) which will seek return for this large investment. In other words, the so-called ‘inventor’ of buffering for media — as trivial an idea as it is — is enabling racketeering in exchange for money received for a piece of paper.

Wonderful.

Junk Patents

TechDirt is a great resource for information about the troubles with patent systems, the USPTO in particular. The following 3 articles are a few days old, but they are very relevant still.

i. Want To Create A Simple App To Tell You Where Someone Is Calling From? You Can’t, It’s Patented

As he started to write the app, he figured he should take a quick look around to see if anyone else had done so… when he came across the fact that someone had written that app, but thanks to a patent threat, it had been shut down. In fact, the patent holder, Cequent, has sued a few others who dared to create such a simple database lookup app themselves. The patent itself describes an incredibly simple database lookup… yet, now no one else is allowed to create such an app.

ii. The Fight To Patent A ‘Paradigm’ For Marketing

For a variety of reasons this should be unpatentable, and so far (thankfully), the USPTO and the courts have agreed — but Harris keeps trying to appeal, claiming that a company is no different than a machine — and if a machine can be patented, so can the “paradigm” of the company.

iii. Apple Withholds Patent From Widget Standard

It’s way too common these days. The latest to do this appears to be Apple, who withheld a key patent on technology for online “widgets”, which has recently been standardized. The standard was set by the W3C, who asked for companies to commit their patents royalty-free in order to move the standard forward so that everyone could benefit. Instead, Apple held out a key patent, and can now start demanding people pay up.

Speaking of Apple, our reader says that “Apple patents the Wii wand” and another decent article insinuates the the US patent system has gone too far.

When Samuel Hopkins came up with a method for improving the production of potash, it was probably just the kind of invention that President George Washington had in mind when he created the US patent system. Hopkins, who in 1790 received the first American patent ever issued, had discovered a way to increase the production of a critical resource used to make glass, soap, and soil fertilizer.

How does it feel when this very same patent system is implicitly promoting unnecessary death now? Here is the proof from Wikileaks.

2. This document contains a simple, guided system for processing calls for emergency aid. It was created free of charge and distributed with the OpenISES system but was removed from distribution and destroyed due to a patent threat from Priority Dispatch Corporation. This document has the potential to help save lives in areas that cannot afford proprietary emergency response scripts

3. Emergency dispatch offices in areas unable to afford proprietary scripts (especially overseas where U.S. Patent Law does not apply), developers and emergency response personnel wishing to continue the project, and bloggers and journalists wishing to document some of the unsavory ways companies utilize the patent system.

Says one reader: “The patent system promotes and bribes you when you reinforce the belief system. And when you question the religion of the aborigines it would be felt as anything between heresy, intolerance and racism. So you flexibilise your viewpoint, you study the religion and the myths.

“The patent system promotes and bribes you when you reinforce the belief system.”“All what you need to know about patents can be found in the study prepared by Fritz Machlup to Congress, 1958 [PDF, 24.8 MB]. A must read! With it you can debunk 90% of what lawyers tell you as unsound. This is 50 years old but it still reflects the state of the art.

“It is the same with open standards, all you need to understand is that the conflict is about RF and RAND licensing. Everything else is just a screen.”

Reform Farce

The so-called ‘reform’ bill is not much of a change. We are still writing about this [1, 2, 3] and so do many others, e.g.:

i. Abramson on Software and Patent Reform

Tuesday, I was able to speak with Bruce Abramson, who has for years studied the copyright/patent/intellectual property rights conundrum that software presents. And he’s not shy about saying that we’re on course for a series of collisions.

ii. US goes back to work on patent reform

Michael Holsten, HP’s executive vice president and general counsel, said that his company is granted an average of four patents a day, and is constantly targeted by lawsuits over alleged infringements.

They resort to an incorrect solution that protects the likes of H-P but not software developers, particularly not small ones. A ‘reform’ of this kind can only be found in a ‘corporate client state’ — one which is run by (and for) the largest corporations.

Astronaut

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. aeshna23 said,

    March 15, 2009 at 4:37 pm

    Gravatar

    I doubt that Microsoft would bother to buy Novell for the “IP”. Whatever “IP” Novell “owns” in Linux must be close to being 20 years old and thus irrelevant. Right?

  2. JohnD said,

    March 15, 2009 at 5:18 pm

    Gravatar

    I think the IP issue is with respect to Unix and not Linux. According to SCO Linux uses IP that is in UNIX system V which it licensed/purchased from Novell. Since SCO was never able to produce clear cut evidence of UNIX IP being used in Linux – it’s highly doubtful that SCO and/or Novell owns any piece of IP in Linux.
    My hope was that Novell would just purchase SCO, end the lawsuits, and take a long hard look at why they could donate to the community or at least OIN. I’m pretty sure I read an article that showed M$ has licensed some IP from UNIX to allow Winblows servers to communicate with UNIX boxes. Wouldn’t that be something if the community actually “owned” a little piece of Windows…
    Just because IP is old doesn’t mean it’s useless – look at TCP/IP. Another secret wish of mine was for Novell to dust off IPX and rebuild it as a replacement for TCP/IP – oh how I wish we could get away from DHCP servers and if we could add in autobinding to DNS – wouldn’t the Net Admin’s life be grand?

What Else is New


  1. Links 20/4/2019: Weblate 3.6 and Pop!_OS 19.04

    Links for the day



  2. The Likes of Chartered Institute of Patent Attorneys (CIPA), Team Campinos and Team UPC Don't Represent Europe But Hurt Europe

    The abject disinterest in patent quality and patent validity (as judged by courts) threatens Europe but not to the detriment of those who are in the 'business' of suing and printing lots of worthless patents



  3. The Linux Foundation Needs to Change Course Before GNU/Linux (as a Free Operating System) is Dead

    The issues associated with the Linux Foundation are not entirely new; but Linux now incorporates so many restrictions and contains so many binary blobs that one begins to wonder what "Linux" even means



  4. Largest Patent Offices Try to Leave Courts in a State of Disarray to Enable the Granting of Fake Patents in the US and Europe

    Like a monarchy that effectively runs all branches of government the management of the EPO is trying to work around the judiciary; the same is increasingly happening (or at least attempted) in the United States



  5. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  6. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  7. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  8. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  9. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  10. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line



  11. The US Supreme Court (SCOTUS) Once Again Pours Cold Water on Patent Maximalists

    Any hopes of a rebound or turnaround have just been shattered because a bizarre attack on the appeal process (misusing tribal immunity) fell on deaf ears and software patents definitely don't interest the highest court, which already deemed them invalid half a decade ago



  12. Links 17/4/2019: Qt 5.12.3 Released, Ola Bini Arrested (Political Stunts)

    Links for the day



  13. Links 16/4/2019: CentOS Turns 15, Qt Creator 4.9.0 Released

    Links for the day



  14. GNU/Linux is Being Eaten Alive by Large Corporations With Their Agenda

    A sort of corporate takeover, or moneyed interests at the expense of our freedom, can be seen as a 'soft coup' whose eventual outcome would involve all or most servers in 'the cloud' (surveillance with patent tax as part of the rental fees) and almost no laptops/desktops which aren't remotely controlled (and limit what's run on them, using something like UEFI 'secure boot')



  15. Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF

    Restrictions on speech are said to have been spread and reached some of the most liberal circles, according to a credible veteran who opposes illiberal censorship



  16. Corporate Media Will Never Cover the EPO's Violations of the Law With Respect to Patent Scope

    The greed-driven gold rush for patents has resulted in a large pool of European Patents that have no legitimacy and are nowadays associated with low legal certainty; the media isn't interested in covering such a monumental disaster that poses a threat to the whole of Europe



  17. A Linux Foundation Run by People Who Reject Linux is Like a Children's Charity Whose Management Dislikes Children

    We remain concerned about the lack of commitment that the Linux Foundation has for Linux; much of the Linux Foundation's Board, for example, comes from hostile companies



  18. Links 15/4/2019: Linux 5.1 RC5 and SolydXK Reviewed

    Links for the day



  19. Links 14/4/2019: Blender 2.80 Release Plan and Ducktype 1.0

    Links for the day



  20. 'Poor' (Multi-Millionaire) Novell CEO, Who Colluded With Steve Ballmer Against GNU/Linux, is Trying to Censor Techrights

    Novell’s last CEO, a former IBMer who just like IBM decided to leverage software patents against the competition (threatening loads of companies using "platoons of patent lawyers"), has decided that siccing lawyers at us would be a good idea



  21. Guest Post: The Linux Foundation (LF) is “Putting the CON in Conference!” (Part 2)

    Calls for papers (CfP) and who gets to assess what's presented or what's not presented is a lesser-explored aspect, especially in this age when large corporate sponsors get to indirectly run entire 'community' events



  22. Patent Maximalists Are Enabling Injustices and Frauds

    It's time to come to grips with the simple fact that extreme patent lenience causes society to suffer and is mostly beneficial to bad actors; for the patent profession to maintain a level of credibility and legitimacy it must reject the deplorable, condemnable zealots



  23. Further Decreasing Focus on Software Patents in the United States as They Barely Exist in Valid Form Anymore

    No headway made after almost 4 months of Iancu-led stunts; software patents remain largely dead and buried, so we’re moving on to other topics



  24. Links 13/4/2019: Wine 4.6 and Emacs 26.2 Released

    Links for the day



  25. Links 12/4/2019: Mesa 19.0.2, Rust 1.34.0 and Flatpak 1.3.2 Released

    Links for the day



  26. Caricature: EPO Standing Tall

    A reader's response to the EPO's tall claims and fluff from yesterday



  27. The EPO is Slipping Out of Control Again and It's Another Battistelli-Like Mess With Disregard for the Rule of Law and Patent Scope

    The banker in chief is just 'printing' or 'minting' lots and lots of patents, even clearly bogus ones that lack substance to back their perceived value



  28. Global Finance Magazine Spreads Lies About the Unitary Patent and German Constitutional Court

    Alluding to the concept of a "unified European patent," some site connected to Class Editori S.p.A. and based in Manhattan/New York City tells obvious lies about the Unified Patent Court (UPC), possibly in an effort to sway outcomes and twist people's expectations



  29. New Building as Perfect Metaphor for the EPO Under the Frenchmen Battistelli and Campinos

    The EPO is in "propaganda mode" only 9 months after the latest French President took Office; the Office is seen as dishonest, even under the new leadership, which routinely lies to the public and to its own staff



  30. Links 11/4/2019: Twisted 19.2.0 Released, Assange Arrested

    Links for the day


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