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. Süddeutsche Zeitung Says Talking Helps While EPO Management Back-stabs Other Side of the Table

    German media gives the impression that there is peace and harmony now that Benoît Battistelli and his circle of power speaks to staff, but nothing is said about simultaneous (albeit covert) attacks against that staff



  2. Large Corporations Call the Shots in US Patent Reform

    A reminder of where we stand on the issue of patent 'reform' in the US and who is controlling or shaping it



  3. Microsoft Puts Proprietary Windows and Hyper-V Inside the Free Software-Centric OpenStack

    OpenStack, which celebrates rapid growth in this month's event in Canada, is facing a proprietarisation threat from Microsoft



  4. Microsoft's Secret Lobbying, Bullying, and the Long History of Blackmailing Politicians Around the World

    British media covers Microsoft's abuse in the UK, but there are many similar incidents, and not just in the UK



  5. Frankfurter Allgemeine Zeitung on Benoît Battistelli and Four EPO Suicides

    German press article from April 2015 (with translations)



  6. Links 24/5/2015: CrossOver 14.1.3, NTFS-3G Vulnerability

    Links for the day



  7. Links 23/5/2015: Fedora 22 to May 26th, Netflix in SteamOS

    Links for the day



  8. The Patents Production 'Industry' (Patent Lawyers) Still Fights Hard to Salvage Software Patents

    A review of recent writings about software patents and patents on business methods in the United States, demonstrating that patent lawyers have gotten very vocal and sneaky (trying to evade the rules)



  9. Patents as a Marketing Strategy: USPTO Now Part of the Advertising Industry

    The existence of publicity patents, or patents whose sole purpose is to advertise some products, serves to discredit the US patent office, which was originally set up to promote science and technology



  10. Microsoft Blackmails and Extorts British Politicians Over Open Standards and Free Software-Leaning Policies

    Microsoft's digital imperialism in the UK getting defended using blackmail, reminding a lot of Brits that Microsoft is just as evil as ever before



  11. Microsoft Gives Another Bug a Name, This Time Logjam™

    The Microsoft crowd is good only at marketing, even when it comes to small bugs in software



  12. Links 22/5/2015: Fedora 22 Final Release is Near, Canonical IPO Considered

    Links for the day



  13. More Utter Shame Unveiled at Battistelli's EPO: Intimidation Tactics With Help From 'Control Risks'

    The unaccountable thugs who run the EPO have hired London-based spooks to help silence their opposition and their critics



  14. GNU/Linux Still Under Attack From Apple and Microsoft, Patents Remain the Weapon of Choice

    A timely reminder of the importance of patent matters, for they are being used to eliminate the zero-cost advantage of Free/libre software and make it more proprietary, privacy-infringing, and user-hostile (as a result of blackmail)



  15. Gartner Group and NASSCOM: Will Lie for FUD, on Behalf of Microsoft and Proprietary Software

    Some of the latest arguments against Free/libre software turn out to be arriving from couriers of Microsoft and its agenda



  16. Windows is a Franchise in Demise, Don't Believe the Hype

    Ongoing propaganda about Vista 10, 'cloud', and other buzzwords or brands are put in perspective



  17. Links 21/5/2015: Fedora 22 RC2, CERN Chooses OpenStack

    Links for the day



  18. Microsoft is Again Showing Its Hatred of Free/Open Source Software by Lobbying the Indian Government to Drop a Rational National Policy

    Microsoft decides to attack Free/Open Source software (FOSS) in India, where the corporate media is very much complicit in misleading the public



  19. Links 20/5/2015: Containers, OpenStack, and EXT4 Corruption

    Links for the day



  20. The PATENT Act, Distraction of Trolls, and Lobbying for Software Patents by Protectionists

    Only large corporations and their lawyers are able to formally change the US patent system through public officials and politicians, despite recent rulings from very high courts



  21. Corporate Media and Friends of Microsoft Are Still Lying About the Cost of Vista 10

    In a desperate effort to beat operating systems that are Free (libre) and free (gratis), such as GNU/Linux or Android, Microsoft shores up the illusion of 'free' (gratis) Windows



  22. Links 19/5/2015: Linux 4.1 RC4, Thunderbird 31.7.0, OpenStack Event

    Links for the day



  23. Links 18/5/2015: Russia Chooses Jolla, Many New Distro Releases, Meizu Devices

    Links for the day



  24. Even Converting an Image to Greyscale is Now a Patent

    Simple mathematics becoming patented as Fujifilm claims 'ownership' of photographic conversion to greyscale



  25. Grooming of the World's Biggest Patent Troll, Nathan Myhrvold of Microsoft and Intellectual Ventures

    UCLA and Microsoft-linked media are framing big thugs as heroes, doing a great disservice to both academia and journalism



  26. The EPO's Fight to Bring Software Patents Into Europe is One Step Closer to a 'Victory' (for Multinationals)

    Opposition to the Unified Patent Court (UPC) is being crushed and Italy is one of the latest actors to have fallen in the battle



  27. Microsoft's 'Former' Staff Continues With His Anti-Google Rhetoric at CBS

    A Microsoft intern, who has moved on to journalism, is still showing his affinity for Microsoft with apologetics and spin



  28. More of Microsoft's False Claims About Cost of Vista 10 and More Layoffs

    Vista 10 is still being marketed using lies and Microsoft may be going down the same route as Nokia



  29. Microsoft Remotely Bricks -- Intentionally -- Xbox One

    Microsoft is showing off its kill switches, kills consoles of people whom it doesn't like



  30. IRC Proceedings: May 3rd - May 16th, 2015

    Many IRC logs


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