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

04.06.09

Patents Roundup: Microsoft Likes Patent Deform, OIN to Strike Back, EU Still Besieged for Software Patents

Posted in Europe, Free/Libre Software, Law, Microsoft, OIN, Patents, TomTom at 1:54 am by Dr. Roy Schestowitz

Money

FOR the benefit of Free software supporters and activists, we are keeping a close eye on software patent issues. Here is the latest summary, which would not have been possible without Digital Majority.

Microsoft Loves Patent Deform

The USPTO is in a very bad shape. Just how bad? Well, over at USENET, Richard Rasker showed this patent on a stick. Here is the abstract:

An apparatus for use as a toy by an animal, for example a dog, to either fetch carry or chew includes a main section with at least one protrusion extending therefrom that resembles a branch in appearance. The toy is formed of any of a number of materials including rubber, plastic, or wood including wood composites and is solid. It is either rigid or flexible. A flavoring (scent) is added, if desired. The toy is adapted to float by including a material therein that is lighter than water or it is adapted to glow in the dark, as desired, by the addition of a fluorescent material that is either included in the material from which the toy is made or the flourescent material is applied thereto as a coating. The toy may be segmented (i.e., notched) so as to break off into smaller segments, as is useful for smaller animals or, alternatively, to extend the life of the toy. Various textured surfaces including camouflage colorings are anticipated as are straight or curved main sections. The toy may be formed of any desired material, as described, so as to be edible by the animal.

With silly patents like this one, no wonder companies are constantly being injured, despite making no attempts to imitate. The only ones to gain here are lawyers.

The largest IT company in the world, Hewlett-Packard, has been humbled by Australia’s national science agency CSIRO and agreed to settle for an undisclosed sum over a long running Wi-Fi patent infringement suit. The win against the Silicon Valley colossus has given CSIRO ammunition to continue pursuing 13 other technology giants for millions of dollars in licensing fees.

Forth comes a so-called ‘change’. Welcome the patent deform[sic], which is a farce. IP Watch Dog, who has always been hostile towards Free software*, still keeps track of it.

Although the agreements were discussed, the specific language has not been announced as yet, but will be forthcoming. Senator Leahy explained that the Senators and their staff are still working over the exact language that will be put in place prior to the next meeting, which will take place on Thursday, April 2, 2009. The language is apparently going to be circulated prior to the next Executive Meeting on Thursday, April 2, 2009, so that the stakeholders can have an opportunity to be heard regarding the changes.

Guess who else likes this deform? Microsoft goes on the record applauding it publicly.

Even though it suggested that there was additional room for improvement, Microsoft applauded action taken by the Senate Judiciary Committee on the Patent Reform Act of 2009. The US Senate Judiciary members managed to reach an agreement at the start of April 2009 on U.S. patent legislation, and the markup will now move to the next stage in the Senate.

More information about this bill, which a Senate panel approved, can be found in CNET.

A Senate panel on Thursday approved a patent reform bill that brings opposing parties from the technology, pharmaceutical, and other industries closer to a compromise on the contentious issue.

This bill does nothing to eliminate software patents. As such, OIN intends to use its patent portfolio to clear FAT.

OIN: TomTom settlement is no win for Microsoft, expect challenge

[...]

Open Invention Network CEO Keith Bergelt said the settlement announced yesterday was anticipated and expected and he is “nonplussed” with the result. He said Microsoft’s effort to build a series of tiny “totem” patent cases to create fear, uncertainty and doubt about using Linux is futile.

Information about the TomTom settlement can be found here. Microsoft has resorted to intimidation tactics and as Patently-O puts it, this raises antitrust concerns.

Patents Blocking Antitrust Action: Carrier suggests that the existence of IP rights should not grant a company a free-pass to take otherwise anticompetitive actions. In his post, Prof. Phil Weiser (Colorado) agrees “IPRs should not displace antitrust oversight.” Weiser argues that this is especially true in the area of software patents: “Given that software patents are controversial to begin with, awarding the recipient of a patent on an application programming interface or communications protocol a get-out-jail free card is hard to justify.”

A Linux discussion about software patents took place in lwn.net and it’s concluded as follows.

There was a brief discussion of the practice of not researching patents at all with the hope of avoiding triple damages for “willful infringement.” The participants agreed that this was a dangerous approach which could backfire on its practitioners; convincing a judge of one’s ignorance can be a challenge. But it was also acknowledged that there is no way to do a full search for patents which might be infringed by a given program in any case.

All told, it was a more interesting afternoon than one might expect. The discussion of software patents in the free software community tends to follow familiar lines; the people at this event see the issue differently. For better or worse, their view likely has a lot of relevance to how things will go. There will be some tweaking of the system to try to avoid the worst abuses – at least as seen by some parts of the industry – but wholesale patent reform is not on the agenda. Software patents will be with us (in the US) for the foreseeable future, and they will continue to loom over the rest of the world. We would be well advised to have our defenses in place.

Europe and Software Patents

To Microsoft, it is not enough for just one country to honour its software patents. It still yearns for the day when software patents are universally accepted and it hires lobbying guns for the job. On the face of it, the EPO is selling out and here is the explanation provided by one person a fortnight ago:

Sadly, the questions posed to the EBA are mined with typical EPO philosophy including their definitions of “technical effect”, “further technical effect”, “technical character”, “technical considerations” and other terminology they have used over the years. In that way they justified black being white, or more specifically the applicability of software patents (but, naturally, not “as such”).

Seeing how the specific questions to the EBA are phrased (quite some traps in there), and what is not asked, it seems clear to me that any set of answers with just “yes” or “no” is unable to speak against software patents in any meaningful way. Furthermore, if only one was to accept the premises of the questions, I submit that seemingly innocent arguments could be twisted in a number of ways to justify software patents. Nice job!

This is not the first such criticism and Microsoft’s pressure groups [1, 2, 3, 4, 5, 6, 7, 8] are raving about EPO incompetence in their blogs right now. They are trying to force software patents on Europe through the latest back door which is unification. On April Fool’s Day, IP Watch published a joke about it (some people easily fell for it) and also a British workshop on software patents was announced on April 1st, but it’s no joke.

On the bright side of things, the German juridical system has just canned a controversial software patent which was never supposed to be granted in the first place.

The German Federal Patent Court ruled to rescind Vistaprint’s controversial software patent, subject to paragraphs 99(1) PatG [Patent Act] and 709 ZPO [Code of Civil Procedure]. The verdict is now official and the judgment in question was published by the Court on March 25, 2009.

The spokesperson from unitedprint.com SE, Andrea Fleischer stated: “The software sector can now breathe a sigh
of relief.

If — and only if — there is truth in the statement from Microsoft’s Marshall Phelps that The EPO “can’t distinguish between hardware and software so the patents get issued anyway,” then this court ruling means that their back doors won’t impress the courts (presuming defendants would take it there). The German court has already rejected Microsoft's FAT patent.
____
*Gene Quinn is a proponent of software patents and he seemingly trolls FOSS even at this very moment by suggesting that FOSS ruins the software industry.

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 31/10/2014: Rubin Leaves Google, Neelie Kroes Ends EU Career

    Links for the day



  2. The EPO Is More Corrupt Under Battistelli Than Under Alison Brimelow: Part VIII

    After Brimelow, with all her flaws and her scandals, an even worse President is installed who then abolishes oversight and seemingly brings his old friends to the EPO, creating a sort of subculture that is impenetrable to outsiders



  3. Claiming That Microsoft 'Loves' Linux While Windows Update Bricks Devices With Linux

    The sheer absurdity of claims that Microsoft -- which not only attacks those who distribute Linux and GNU but also blackmails them, takes them to court, or bricks their products without any liability -- 'loves' Linux



  4. Protectionist Reign: Corporations in Complete Control of Everything With Domination Over Patent Law

    How multinational corporations, joined by the corporate press that they are funding, promote a corporations- but not people-friendly patent policy in north America



  5. Links 30/10/2014: GNOME 3.15.1, Red Hat Software Collections 1.2

    Links for the day



  6. Links 29/10/2014: Ubuntu Touch Tablet, Puppy Linux 6.0

    Links for the day



  7. Links 28/10/2014: SUSE Linux Enterprise 12, Canonical OpenStack Distro

    Links for the day



  8. Links 28/10/2014: PiFxOS, The Document Foundation in OSBA

    Links for the day



  9. Microsoft is Bricking Devices With Linux (Yet Again!), So a Microsoft Booster Spins/Paints Linux Devices as 'Fakes'

    Microsoft delivers rogue drivers through Windows Update and they brick Arduino microcontrollers



  10. How Bill Gates Continues to Pass Wealth From the Public to His Own Bank Account

    Having put a universal tax on many things (not just computers) and evaded tax using the classic 'charity' trick, Gates is now buying the media, the schools, politicians etc. and earns as much as 10 billion dollars per year while the public is taught that Gates is a giver, not a hoarder of the worst kind



  11. Links 27/10/2014: Lenovo Unbundling, Linux 3.18 RC2

    Links for the day



  12. IRC Proceedings: September 14th, 2014 – October 25th, 2014

    Many IRC logs



  13. Links 25/10/2014: KDE Mockups, Update on GNOME Outreach Program for Women

    Links for the day



  14. After Infecting Unity -- Successfully -- Microsoft's Partner Xamarin Wants to Infect Unreal Engine With .NET

    Xamarin continues to spread dependence on Microsoft to more gaming frameworks, not just platforms such as GNU/Linux, Android, and even permanent-state devices



  15. Taking Microsoft Windows Off the Grid for Damage to Businesses, the Internet, and Banking Systems

    Microsoft's insecure-by-design software is causing massive damages ([cref 27802 possibly trillions] of [cref 13992 dollars in damages to date]) and yet the corporate press does not ask the right questions, let alone suggest a ban on Microsoft software



  16. City of Berlin Does Not Abandon Free Software, It's Only Tax Authorities

    A Softpedia report that says the City of Berlin is moving to Microsoft Office is flawed and may be based on a poor translation



  17. Nadella a Liar in Chief at Microsoft, Pretending That His Anti-Competitive Practices Are Unfortunately Imposed on Microsoft

    The nastiness of Microsoft knows no bounds as even its assault on GNU/Linux and dirty tricks against Free software adoption are characterised as the fault of 'pirates'



  18. Reuters Writes About the Demise of Software Patents, But Focuses on 'Trolls' and Quotes Lawyers

    How the corporate media chooses to cover the invalidity of many software patents and the effect of that



  19. Links 24/10/2014: Microsoft Tax Axed in Italy, Google's Linux (ChromeOS/Android) Leader Promoted

    Links for the day



  20. Links 24/10/2014: GNU/Linux History, Fedora Delay

    Links for the day



  21. Links 23/10/2014: New *buntu, Benchmarks

    Links for the day



  22. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  23. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  24. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  25. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  26. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  27. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  28. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  29. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  30. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents


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