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. IRC Proceedings: Friday, June 05, 2020

    IRC logs for Friday, June 05, 2020



  2. Guix Petition Demographic Data, by Figosdev

    That old anti-RMS letter, which called for his removal (or resignation) from GNU (RMS is the founder of the GNU Project), as characterised by metadata of signatories



  3. When You Realise People Who Don't Support RMS Do Not Really Support GNU, Either

    The (in)famous letter against Richard Stallman (RMS), which was signed by many Red Hat employees with Microsoft (GitHub) accounts, doesn’t look particularly good in light of recent revelations/findings; it increasingly looks like IBM simply wants Microsoft-hosted and “permissively” licensed stuff, just like another project it announced yesterday and another that it promoted yesterday



  4. The Gates Press (GatesGate) -- Part III: What Happens When You Tell the Truth About Bill Gates and the Gates Foundation

    One might not expect this from a so-called 'charity'; the Gates Foundation's critics are often met with unprecedented aggression, threats and retribution, which make one wonder if it's really a charity or a greedy cult of personalities (Bill and Melinda)



  5. Links 6/6/2020: Bifrost Meets GNOME, Wine 5.10 is Out

    Links for the day



  6. Links 5/6/2020: LibreELEC (Leia) 9.2.3, Rust 1.44.0, and Hamburg's Pivot to Free/Libre Software

    Links for the day



  7. This Article About GitHub Takeover Never Appeared (Likely Spiked by Microsoft and Its Friends Inside the Media)

    And later they wonder why people distrust so much of the media (where paying advertisers set the agenda/tone)



  8. Raw: How Microsoft and/or the EPO Killed an Important EPO Story About Their SLAPP Against Techrights and Others

    Spiking a story about spiked stories about corruption



  9. The Linux Foundation 'Bootcamp' -- Badly Timed and Badly Named in June 2020 -- Only Uses Linus Torvalds Like a 'Prop' (for Legitimacy) While Promoting Militarised Monopolies

    Sometimes a picture says a lot more than words, especially in light of political events in the US and a certain Chinese anniversary we cannot name (Microsoft censors mentions of it)



  10. IRC Proceedings: Thursday, June 04, 2020

    IRC logs for Thursday, June 04, 2020



  11. The Gates Press (GatesGate) -- Part II: When Media That You Bribe Calls All Your Critics 'Conspiracy Theorists' (to Keep Them Silenced, Marginalised)

    The assault on the media by Bill Gates is a subject not often explored by the media (maybe because a lot of it is already bribed by him); but we're beginning to gather new and important evidence that explains how critics are muzzled (even fired) and critical pieces spiked, never to see the light of day anywhere



  12. GitHub is Not Sharing But 'Theft' by Microsoft

    Microsoft buying GitHub does not demonstrate that Microsoft loves Open Source (GitHub is not Open Source and may never be) but that it loves monopoly and coercion (what GitHub is all about and why it must be rejected)



  13. The Huge Damage (Except for Patent Lawyers' Bottom Line) Caused by Fake European Patents

    The European Patent Office (EPO) keeps granting fake patents that cause a lot of real harm (examiners are pressured to play along and participate in this unlawful agenda); nobody is happy except those who profit from needless, frivolous lawsuits



  14. Red Hat/IBM Got 'Tired' of RMS. Is It Getting 'Tired' of GPL/Copyleft Too?

    After contributing to the cancellation of Richard Stallman (RMS) based on some falsehoods perpetuated in the media we're seeing the sort of thing one might expect from IBM (more so now that it totally controls Fedora and RHEL)



  15. Links 4/6/2020: Proton 5.0-8 Release Candidate, GNU Linux-libre 5.7

    Links for the day



  16. IRC Proceedings: Wednesday, June 03, 2020

    IRC logs for Wednesday, June 03, 2020



  17. Social Engineering of Free Software, Based on Corporate Criteria

    What "professional" nowadays means in the context of coding and honest assessment of technical work



  18. Weakening GNU/Linux by Disempowering Its Leaders and Founders, Replacing Them With Microsoft Employees and GNU/Linux-Hostile Moles

    The coup to remove (or remove power from) Stallman and Torvalds, the GNU and Linux founders respectively, is followed by outsourcing of their work to Microsoft’s newly-acquired monopoly (GitHub) and appointment of Microsoft workers or Microsoft-friendly people, shoehorning them into top roles under the disingenuous guise of "professionalism"



  19. Sword Group Violates Its Own Commitment by Working for the EPO

    The European Patent Office (EPO) keeps outsourcing its work to outside contractors (for-profit private entities) to the tune of hundreds of millions if not billions — all this without any oversight



  20. In 2020 Canonical No Longer Fights for Freedom

    Freedom requires a GNU/Linux distro other than Ubuntu, which seems unwilling or unable/incapable of speaking about and promoting the ideals of GNU/Linux



  21. We Need to Use the F Word (Freedom) to Promote Adoption of GNU/Linux

    "People get the government their behavior deserves. People deserve better than that." -Richard Stallman



  22. People Who Want to Explore GNU/Linux With Ubuntu See This Today

    "Wait, am I in a GNU/Linux blog or another Windows blog," a visitor might think... or, is Microsoft 'taking over' messaging at Canonical? (Same with code)



  23. Links 4/6/2020: Septor 2020.3, Nextcloud and Blender 2.83

    Links for the day



  24. Hey, Where's Red Hat (IBM)?

    Red Hat is conspicuously silent at these critical times (in its home country); Must be too busy hailing and cashing in on Trump's military (state) while dishing out shallow and self-contradictory diversity PR/fluff…



  25. Microsoft's Latest Vapourware About Supercomputers

    Microsoft has spent almost two decades dropping supercomputers vapourware on the media, but those misinformation dumps always turn out to be 100% hot air, no substance



  26. 2020: A Time for Resolutions or Revolutions?

    There are nonviolent means by which the current system can be corrected; we need to convince peers and relatives to change the way they behave and not cooperate with unjust elements of the system



  27. IRC Proceedings: Tuesday, June 02, 2020

    IRC logs for Tuesday, June 02, 2020



  28. The Gates Press (GatesGate) -- Part I: Lost the Job After Writing an Article Critical of Bill Gates for Attacking Some Actual, Legitimate Charities (Because They Had Spread GNU/Linux)

    The sociopaths from the fake 'charity' of Bill Gates would go to great lengths to squash criticism and also to eliminate critics; this series tells the story of some of those personally affected



  29. Don't Fall for the Spin, Microsoft is Laying Off Workers and It's Not Just Because of the Pandemic





  30. All They Want is Litigation, Not Innovation

    It's getting difficult to ignore or to overlook the fact that the 'litigation lobby' (the likes of Team UPC and today's EPO management, guided by groups like the Licensing Executives Society International) doesn't care about innovation and is in fact looking to profit by crushing innovation


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

Recent Posts