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

04.07.09

Novell Joins Microsoft Seminar While Microsoft Hits Red Hat with “IP” Slurs

Posted in Deception, GNU/Linux, Intellectual Monopoly, Microsoft, Novell, Patents, Red Hat, Virtualisation at 3:39 pm by Dr. Roy Schestowitz

Love
Microsoft’s and Novell’s shared
love is their jealousy/hatred of Red Hat

Summary: The same old story seen and told in people’s inboxes and the news

AN anonymous reader has just mailed us what he calls “the joint Novell-Microsoft vision.” It is the text which describes an upcoming (21st of April) virtualisation seminar. It is organised by Microsoft, Novell, and possibly ANS and it takes place at Microsoft’s Headquarters in Thames Valley Park, Reading. Here is how it’s summarised:

Microsoft and Novell would like to extend to you a complimentary invitation to attend our half-day seminar on Windows and Linux Interoperability – “The Impact of Virtualisation on Reducing Complexity” At this summit, you and your peers will learn about the latest options for taking advantage of Windows and Linux interoperability to employ virtualisation, reduce systems overhead, and tame the complexity brought on by combining disparate environments. +

“Translated into English,” says our reader:

• “Run Windows under Linux Virtualisation and you’ll still have to pay us for a license.”

• “Run Linux under Windows Virtualisation and you’ll still have to pay us for a license.”

• “Use it for anything else and some people we don’t know will sue you.”

Speaking of Microsoft’s patent war of fear and extortion, some time ago we wrote about Microsoft's new book, “Burning The Ships," which is patent propaganda that it had generated and published under Phelps’ name. IP Watch, a proponent and maximalist of patents, covered this release by speaking to those involved. There are some true gems in there. For example:

IPW: Does the recent case involving TomTom navigational devices and open-source software – in which Microsoft sued over patent infringement and TomTom sued back – represent the kind of business environment Microsoft promotes? Why or why not?

PHELPS: What happened here and has happened on a very few cases, is that MS had great difficulty getting attention from TomTom and was forced into action. There have been a couple of others and all were settled quickly as was TomTom. But, whatever business model a company follows, the IP it invents needs to be respected and sometimes it’s necessary to show you’re willing to defend your legal rights to force the issue. Some say this doesn’t apply to open source companies, but they’re wrong. Just try appropriating RedHat’s famous logo and see what happens.

Watch how Microsoft’s Phelps is skillfully mixing trademarks with software patents using the “IP” umbrella that Richard Stallman constantly warns about.

Trademarks and patents are totally separate things which serve different purposes. Suffice to say, software patents are not even legal in the vast majority of the world.

Here is another unsubstantiated attack on Red Hat, whom Phelps was unable to sign a patent deal with.

KLINE: In fact, Red Hat has probably filed more IP suits than Microsoft has to protect their IP.

What does IP mean? And does back room pressure (racketeering) count for nothing?

IPW: Is there anything else you would like to add?

PHELPS: What we’ve tried to do with “Burning the Ships” is take IP questions out of the realm of arcane debate among lawyers and show real people, in the midst of a highly dramatic internal struggle at Microsoft, learning how to deploy IP for tangible business benefit.

In simple terms, Microsoft is encouraging companies to turn patents into tools of extortion and anti-competitive strategies. No wonder a Sun executive labeled Microsoft a patent terrorist.

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

5 Comments

  1. William New said,

    April 7, 2009 at 4:08 pm

    Gravatar

    To clear the record on a small point above, Intellectual Property Watch is very happy to see any of our posts generating debate about their subjects, but that’s the first time we ourselves have ever been accused of being “IP maximalist” as far as we know (did we read that comment right?). We’d rather be left out of the equation. In this case, we believed an interview with Microsoft’s IP counsel could be useful to readers, and we tried to be tough in our questioning – but apparently fell short in some people’s eyes (despite our delivery of some on-record “gems” that you can go to town on)! I guess now it’s time for that Red Hat interview. And please don’t be shy about sending us other story ideas!

    Roy Schestowitz Reply:

    Thank you, William.

    As a reader of IPW, I hope to find balanced discussions that hopefully separate and distinguish between trademarks, copyrights, and patents. In this case, there was an attempt to blur the distinction and it went unchallenged.

    I guess now it’s time for that Red Hat interview. And please don’t be shy about sending us other story ideas!

    May I suggest that you publish an interview with Red Hat about AMQP? We are still trying to decipher the company’s view on patents in this area.

    http://boycottnovell.com/2009/03/18/amqp-patents-red-hat/
    http://boycottnovell.com/2009/03/17/red-hat-patent-fire/
    http://boycottnovell.com/2009/03/21/novl-rht-software-patents/
    http://boycottnovell.com/2009/03/22/red-hat-again-epo-and-uspto/
    http://boycottnovell.com/2009/03/25/how-red-hat-dodged-a-novell-like-deal-despite-lobbying-for-software-patents/
    http://boycottnovell.com/2009/03/29/red-hat-microsoft-eu-lobbyists/

  2. NotZed said,

    April 7, 2009 at 8:23 pm

    Gravatar

    “In fact, Red Hat has probably filed more IP suits than Microsoft has to protect their IP. ”

    At least this obvious and out-right falsehood could have been challenged.

  3. William New said,

    April 8, 2009 at 2:00 am

    Gravatar

    Thanks for the reminder, we should always be kept on our toes. In the interview it tripped us up a bit that the assertion about Red Hat was tossed in as an aside by former journalist Kline rather than Phelps. But we fully agree that any assertions in an interview should be challenged, and will endeavour to be more alert in future. If someone has official facts related to that assertion it might be possible to add a note. On the Red Hat story, we will need more info on that, preferably offline.

  4. Andre said,

    April 9, 2009 at 6:54 am

    Gravatar

    Dear Roy, dear William,

    I found the interview excellent because it exposes the ideology and strategy of Marshall Phelps which does not seem undisputed. Time will show if his shark model is sustainable for the software industry or will run it to the ground. Phelps represents an older generation of the industry. The article reveals that his views are not undisputed.

    IPWatch is one of the best information services. It really needs our support. Why not abandon all communication of the institutions and dump the money on IPwatch and bloggers instead. I don’t want to read WIPO press releases but an IPwatch article is almost informative.

    What Roy can learn from IPwatch is high quality articles but quality has a price and sure, BN is more sensationalist. We will see which model will pay off in the end.

What Else is New


  1. Links 5/12/2016: SparkyLinux 4.5 Released, Kondik Exits Cyanogen (Destroyed After Microsoft Deal)

    Links for the day



  2. Software Patents Continue Their Invalidation Process, But Patent Law Firms Try to Deny This in Order to Attract Misinformed (or Poorly-Informed) Clients

    A roundup of news about software patents and demonstration of the sheer bias in the media, which is mostly controlled or steered by the patent microcosm rather than actual inventors



  3. Patent Trolls of Microsoft and Ericsson Are Trying to Tax Everything, Especially Linux Devices

    An update on Intellectual Ventures and Unwired Planet, whose operations pose a growing problem for Free software and Linux-based products (e.g. Android)



  4. Asia's Patent Litigation Chaos Getting Worse, Reaching Countries in the West, and Sites Like IAM Actively Promote This

    The race to the bottom (of patent quality) in China, the growth of patent trolls in the region, and the ruinous litigation strategy which now spills over even to the US -- through the Eastern District of Texas -- and may inevitably come to Europe (especially if the UPC ever becomes a reality)



  5. More French Politicians Are Complaining That Benoît Battistelli is a Disgrace to France and Urge for Action

    The backlash against Battistelli spills well outside the EPO and is now apparent even at the French National Assembly



  6. Links 3/12/2016: Mageia 5.1 Released, Mozilla Revenue at $421.3M

    Links for the day



  7. Canadian Intellectual Property Office (CIPO) Sees Decline in Patent Applications and It May Actually be a Good Thing

    Challenging the false belief that the more patents society has the better off it will be, citing examples and news from north America



  8. Blockchain Domain Infested With Software Patents, MasterCard Among the Culprits

    Worrying signs that an area of Free/Open Source software innovation is getting impacted by the plague of software patents



  9. Dutch Media Covers Latest EPO Scandals, German Media Totally Absent (a Media Blackout of Convenience)

    Our observations regarding the apparent media disinterest in EPO scandals, especially at the very core of the EPO (principal host country)



  10. Relocating the Boards of Appeal to Haar is a Poisonous Priority at Battistelli's EPO

    Revisiting Battistelli's effort to chop off the appeal boards that are necessary for ensuring patent quality at the EPO



  11. Links 2/12/2016: Mint Betas, Chrome 55, KDevelop 5.0.3, PHP 7.1.0

    Links for the day



  12. The Rule of Law and Justice Don't Exist Inside the EPO, Confirms the International Labour Organisation (ILO)

    Further analysis of the latest rulings from the ILO -- decisions that were long expected



  13. A Day in the Life of... Battistelli's Banana Republic

    This is part 5 of a fictional diary from the EPO



  14. Links 1/12/2016: Devuan Beta, R3 Liberates Code

    Links for the day



  15. Two ILO Decisions on EPO Cases Are Released, at Least One Judgment is Considered Good for Staff

    Years later (as justice is too slow, partly because of the EPO, being the principal culprit that clogs up the ILO's tribunal system) there is a couple of new judgments about EPO abuses against staff



  16. Dutch and French Politicians Complain About the European Patent Office, British Media Coverage Regular Now

    Pressure from the political systems, the scientific community and from the media is growing, as it becomes abundantly apparent that the EPO cannot go on like this



  17. Links 30/11/2016: Git 2.11, GOG Surprise Tomorrow

    Links for the day



  18. The UPC Scam Part IV: Bumps Along the Road for UPC, With or Without the UK and Brexit

    A sobering reality check regarding the UPC, no matter what Lucy Neville-Rolfe says under pressure from Battistelli and some selfish law firms that are based in London



  19. The UPC Scam Part III: The “Patent Mafia”

    Bigwigs like Lucy Neville-Rolfe and Benoît Battistelli, together with Team UPC and its tiny minority interests (self enrichment), are conspiring to hijack the laws of Europe, doing so across many national borders with unique and locally-steered patent policy in one fell swoop



  20. The UPC Scam Part II: The Patent Echo Chamber at Work, Prematurely Congratulating Itself in Its 'News' Sites





  21. The UPC Scam Part I: EPO-Bribed Media Outlets Lie to Brits (and to Europeans) About the UPC

    An introductory article in a multi-part series about UPC at times of Brexit and Lucy Neville-Rolfe's bizarre sellout to Battistelli



  22. European Public Service Union Asks EPO Administrative Council “to Re-establish the Rule of Law at the European Patent Office”

    The chinchillas of the Administrative Council are assertively asked to tackle the abusive management of the EPO, which gets condemned not only by CERN but also EPSU, which is working with the Dutch government to end lawlessness at the EPO



  23. Links 29/11/2016: Core Apps Hackfest, MuckRock Goes FOSS

    Links for the day



  24. ILOAT Decisions: Upcoming Publication of Two EPO Cases (Abuse Against Staff)

    Reminder about tomorrow's "exceptional public delivery" from the International Labour Organisation (ILO) and a request for additional information



  25. Mixing Politics and EPO: How Battistelli Defies the Very Basic Rules of the Office

    A reminder of the fact that Battistelli was entrenched in French politics even while he was serving at the EPO



  26. EPO DG1 Principal Director “Out of the Muppet Show”

    The ridicule of EPO management is a symptom of a poisonous work environment which now resembles an assembly line of bad patents, where employees are treated unfairly, severely, and in clear defiance of labour laws



  27. Learning From the Mistakes of the US Patent System (and More Latterly China) When Assessing Patent Maximalism

    The warning signs coming both from the East and from the West, demonstrating the pitfalls of a policy too permissive on patents and thus on litigation



  28. The International Labour Organisation Once Again Proves Useless for Labour of the EPO

    The International Labour Organisation (ILO) is once again failing too serve justice, instead just sending complaints elsewhere, in effect into a black hole



  29. CERN Slams the European Patent Office for Abuse of Employees

    The European Organisation for Nuclear Research known as CERN is openly condemning EPO management and the Administrative Council for violation of human/labour rights, not to mention the other abuses that are rampant under Battistelli's notorious regime



  30. Links 28/11/2016: X-Plane 11 Beta, Early Work For C++20, Microsoft Hole in RHEL

    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