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

03.22.09

Patents Roundup: Red Hat Again; EPO and USPTO Debated

Posted in America, Deception, Europe, Patents, Red Hat at 6:41 am by Dr. Roy Schestowitz

Vaux le Vicomte
Rest on your laurels and you will lose your rights

Summary: Another quick look at AMQP and some developments in major patent systems

ONE ISSUE on our minds at the moment is the Red Hat situation because we are hoping to receive answers to some questions which were raised in:

A regular reader drew our attention to this press release from Microsoft which pretty much intersected with Red Hat’s “Welcome to AMQP, Microsoft” (on the same date, 9:34 AM). Clearly enough to some observers, Red Hat claims leadership in AMQP and it knew about this announcement from Microsoft in advance (they collaborate in other areas). Jeff Gould, who hates Free software with passion and always promotes Microsoft, pushed it into Slashdot’s front page using his eternal sockpuppet/pusher, “AlexGr”.

AlexGr writes to tell us that Microsoft apparently has plans to embrace a little known messaging standard called AMQP (Advanced Message Queuing Protocol). Red Hat, a founding member of the AMQP working group, was very excited about the news and wrote to welcome Microsoft to the party.

This is an issue that will be debated a little later. Red Hat does point out that “Because this [joining of Microsoft] will be of concern to many people—particularly in the open source community—it is worth pointing out one of the legal ramifications of Microsoft joining AMQP. There is a strong IP provision in the contract for joining the AMQP working group. Anyone joining the AMQP working group must freely license IP that is used by AMQP—AMQP is and will always be an open standard that is free to implement. By joining the AMQP working group, Microsoft has signed this contract. So, there is no threat of Microsoft holding the AMQP standard hostage via patent threats.

We are actually a lot more concerned about the patent systems which, according to this new article, continue to leave too much room for patenting of software, i.e. algorithms (even post-Bilski).

It is easier to obtain patent protection for computer software and/or business method type inventions in the US as opposed to Europe, as the US criterion of a “useful, concrete and tangible result” is easier to meet than the corresponding European “technical effect” or “technical character” requirement.

An invention consisting of software that controls a machine, for example, would most likely meet the technical effect requirement in Europe and would also certainly be patentable subject matter in the US.

Europe wants to poorly resolve its software patent pains, which are partly to do with ambiguity and loopholes. The Register concurs with previous reports and suggests that further loopholes may be created that facilitate software patenting.

The European Commission has reiterated its demand for the creation of a single European patent. It said the absence of such a protection is hindering the growth of technology companies in the European Union.

Whether patents are becoming a little passé and give way only to litigation, that may be hard to tell. Earlier this year, the EPO had laid of some staff and it tried to claim a rise in patent quality. This tune is being propagated by IP Watch right now.

In a trend appearing in other patent offices around the world, patent applications at the European Patent Office continued to rise in 2008, but at a slower rate toward the end of year. At the EPO, this was coupled with the lowest percentage of granted patents in its history.

Over in the United States, the bad 'reform' receives support from a state senator. His endorsement was predictable though because of the man’s prior role.

Senator Orrin Hatch, a leading proponent of a bill to overhaul the patent process, predicted it will pass and contain language making it more difficult to show misconduct in applying for patents.

The Senate version of the patent reform bill does not currently include language making it harder to strip a patent holder of a patent if they erred in the application process, known as “inequitable conduct” in the patent world.

This bill does not address patent quality; it’s about damages and it’s about patent trolls, which it does not even put an end to.

To give an example of the sad state of the USPTO, Georg Greve of the FSFE found this one: “Painting kit and related method”

Amazing!

According to the Daily Herald, those who can afford to challenge patents may — just may — be able to shoot down existing patents.

Aruba says another Motorola patent rejected by patent office

Aruba Networks Inc., which is involved in a patent battle with two Motorola Inc. units, says the U.S. Patent and Trademark Office has kicked out one of the patents under which it’s being sued.

The patent office rejected all claims of Motorola’s patent 7,173,923, the Sunnyvale, California-based company said in a statement March 17.

So why was it granted in the first place? It’s worth adding that Aruba makes products with Linux and even Microsoft uses Aruba's goods. Microsoft is very pleased with Aruba’s Linux-based solution which it has deployed in its own facilities, according to its own people.

On the one hand, this Aruba case shows that patent lawsuits are worth fighting against. The patent which attacks Amazon's Kindle, on the other hand, won’t be so easy to extinguish, according to Wired.

Interestingly enough, the patent filed in 1999 was approved in November of 2007, the same month that the first Kindle launched. And all of the hype and sales estimates have likely encouraged Discovery to finally take action.

The problem might not be individual lawsuits. Lawsuits are enabled by a system that leads to them. It is a system that encourages ownership of anything under the sun which is to blame. This is good for lawyers. Patents are the blood in their system, so the more patents, the merrier. The more lawsuits, the merrier too, so it’s about disputes and conversations, not engineering.

“There is much pleasure to be gained from useless knowledge.” —Bertrand Russell

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. The EFF Back to Tackling Software Patents, Not Just Patent Trolls

    Electronic Frontier Foundation lawyers start targeting large companies that exploit patents for intimidation and extortion, not just patent trolling



  2. Microsoft Wants to Devour the Competition (Linux), Devour People's Data

    Refuting the "new Microsoft" propaganda and some ludicrous concept that Microsoft is now "playing nice"



  3. Benoît Battistelli Thinks 'President' is Above the Law, Decides to Ignore the Court's Ruling

    Staff of the EPO is given yet more reasons to protest tomorrow at the British Consulate, for the so-called 'President' of the EPO reminds everyone of the very raison d'être for the protest -- a vain disregard for the rule of law



  4. Links 24/2/2015: Xfce 4.12 a Week Away, GNOME 3.16 Previewed

    Links for the day



  5. Links 23/2/2015: Ubuntu Kylin 14.04.2 LTS, Cinnamon 2.6 Previews

    Links for the day



  6. IRC Proceedings: February 8th - February 21st, 2015





  7. The EPO's Sham 'Internal Investigation' of EPO Vice-President Željko Topić's Affairs

    The EPO never investigated the Željko Topić affair, it only pretends to have investigated (one small aspect, i.e. cherry-picking) using a Benoît Battistelli-controlled group



  8. Links 21/2/2015: GNOME 3.15.90, Google Wins Android Lawsuit

    Links for the day



  9. Microsoft AstroTurfing War on GNU/Linux is Still Going On, But Hidden Better, Uses API as Instrument of Lock-in

    The corruptible press continues to describe blatant attacks (Embrace, Extend, Extinguish) against GNU/Linux and Free software as Microsoft 'embracing' Open Source



  10. Lenovo's Superfish Scandal is Spyware on Top of Spyware (Microsoft Windows), the Problem is Inherently Proprietary Software

    Shifting focus to the root problem, which is neither Lenovo nor its laptops but the non-free programs installed on hardware



  11. Benoît Battistelli Once Again Threatens EPO Staff That 'Dares' to Protest, Battistelli Exploits Terror Attacks to Pretend to Respect Free Speech

    The European Patent Office (EPO) President, Benoît Battistelli, reportedly started threatening -- as before -- staff that decides to exercise the right to assemble and protest against abuses, including the abuses of President Battistelli himself



  12. Links 20/2/2015: Android Studio v1.1, GDB 7.9

    Links for the day



  13. Links 20/2/2015: Bloomberg Joins Linux Foundation, ClearOS Community 6.6.0

    Links for the day



  14. The Chartered Institute of Patent Attorneys Slams the European Patent Office for Structural Failings

    An important letter which we overlooked while writing yesterday's 4 articles about the European Patent Office (EPO); yet another key stakeholder complains



  15. Links 19/2/2015: Hewlett-Packard on Cumulus Linux, Previews of GNOME 3.16 Beta

    Links for the day



  16. Techrights Under Attack Again, Shortly After Important EPO Articles

    Techrights highlights a pattern that is months old; Site faces availability issues shortly after reports about the European Patent Office and its abuses



  17. EPO Staff Protests Against Benoît Battistelli’s Lowering of Patents Quality (Scope Expansion and Software Patents for Profit)

    A protest in Munich in less than 6 days will target Mr. Sean Dennehey, who has helped Battistelli cover up his abuses and crush legitimate critics, whom he deemed illegal opposition as if the EPO is an authoritarian regime as opposed to a public service which taxpayers are reluctantly (but forcibly) funding



  18. Breaking: European Patent Office Sued by Its Own Staff in The Hague, Must Unblock Staff's Voices

    The crooked management of the European Patent Office (EPO) gets in legal trouble after repeated attempts to cover up abuses and suppress criticism



  19. Željko Topić's History in SIPO Leaves a Legacy of Alleged DZIV Vehicles (Bribes), Authorship Abuses, and Intimidation Against Reporters

    Another deep look at Željko Topić's background in Croatia, preceding his very notorious appointment to the EPO where he now serves as Benoît Battistelli's most controversial attack dog



  20. The Old Obsession With Patent Trolls Continues to Distract From Debate About Software Patenting

    A roundup of recent coverage about monopolies on algorithms in the United States



  21. Links 19/2/2015: 64-bit ARM Linux, Chinese New Year

    Links for the day



  22. Links 18/2/2015: Linux Report, FlightGear 3.4

    Links for the day



  23. EPO Scandals: The Story So Far

    An overview of articles about mischief, misconduct and breach of laws at the EPO



  24. Links 17/2/2015: TripleO, Pivotal

    Links for the day



  25. Links 17/2/2015: SystemD 219, Frugalware 2.0 (Rigel) Released

    Links for the day



  26. Željko Peratović Slammed for Whitewashing Željko Topić After Publishing Important Piece on Behalf of Key Sources

    Response from Ivan Kabalin to Zeljko Peratovic's so-called "apology" which is both mysterious and seemingly inadequate as it does nothing to actually explain what was wrong (if anything)



  27. Benoît Battistelli Has Made Oversight of European Patent Office Absolutely Impossible





  28. Microsoft Already Killed Nokia, Don't Let It Kill Android Players Too

    Microsoft's strategy against Android mirrors the company's evil strategy that derailed MeeGo and Nokia



  29. Intel Continues to Attack Software Freedom Through UEFI

    The Trojan horse that Microsoft uses to cement its monopoly on desktops and laptops (making it hard or impossible to install and run GNU/Linux) is also being misused to block Coreboot



  30. Links 16/2/2015: Netrunner 15, Bridge Linux

    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