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. Dutch Court Rules Against SUEPO (in a Reversal), But EPO Management Would Have Ignored the Ruling Even If SUEPO Won (Updated)

    SUEPO loses a case against EPO management, but the EPO's overzealous management was going to ignore the ruling anyway



  2. New Paper Provides Evidence of Sinking Patent Quality at the EPO, Refuting the Liar in Chief Battistelli

    In spite of Battistelli's claims (lies) about patent quality under his watch, reality suggests that so-called 'production' is simply rushed issuance of invalid patents (one step away from rubberstamping, in order to meet unreasonable, imposed-from-the-top targets)



  3. Battistelli Locks EPO Staff Union Out of Social Conference So That He Can Lie About the Union and the Social Climate

    The attacks on staff of the EPO carry on, with brainwash sessions meticulously scheduled to ensure that Administrative Council delegates are just their master's voice, or the voice of the person whom they are in principle supposed to oversee



  4. Unprecedented Levels of UPC Lobbying by Big Business Europe (Multinationals) and Their Patent Law Firms

    A quick look at some of the latest deception which is intended to bamboozle European politicians and have them play along with the unitary [sic] patent for private interests of the super-rich



  5. Links 29/9/2016: Russia Moving to FOSS, New Nmap and PostgreSQL Releases

    Links for the day



  6. Team UPC is Interjecting Itself Into the Media Ahead of Tomorrow's Lobbying Push Against the European Council and Against European Interests

    A quick look at the growing bulk of UPC lobbying (by the legal firms which stand to benefit from it) ahead of tomorrow's European Council meeting which is expected to discuss a unitary patent system



  7. IP Kat is Lobbying Heavily for the UPC, Courtesy of Team UPC

    When does an IP (or patent) blog become little more than an aggregation of interest groups and self-serving patent law firms, whose agenda overlaps that of Team Battistelli?



  8. Leaked: Conclusions of the Secretive EPO Board 28 Meeting (8th of September 2016)

    The agenda and outcome of the secretive meeting of the Board of the Administrative Council of the EPO



  9. Letter From the Dutch Institute of Patent Attorneys (Nederlandse Orde van Octrooigemachtigden) to the Administrative Council of the EPO

    The Netherlands Institute of Patent Attorneys, a group representing a large number of Dutch patent practitioners, is against Benoît Battistelli and his horrible behaviour at the European Patent Office (EPO)



  10. EPO's Board 28 Notes Battistelli's “Three Current Investigations/Disciplinary Proceedings Involving SUEPO Members in The Hague."

    The attack on SUEPO (EPO staff representatives) at The Hague appears to have been silently expanded to a third person, showing an obvious increase in Battistelli's attacks on truth-tellers



  11. Links 28/9/2016: Alpine Linux 3.4.4, Endless OS 3.0

    Links for the day



  12. Cementing Autocracy: The European Patent Office Against Democracy, Against Media, and Against the Rule of Law

    The European Patent Office (EPO) actively undermines democracy in Europe, it undermines the freedom of the press (by paying it for puff pieces), and it undermines the rule of law by giving one single tyrant total power in Eponia and immunity from outside Eponia (even when he breaks his own rules)



  13. Links 28/9/2016: New Red Hat Offices, Fedora 25 'Frozen'

    Links for the day



  14. Team Battistelli Intensifies the Attack on the Boards of Appeal Again

    The lawless state of the EPO, where the rule of law is basically reducible to Battistelli's ego and insecurities, is again demonstrated with an escalation and perhaps another fake 'trial' in the making (after guilt repeatedly fails to be established)



  15. After the EPO Paid the Financial Times to Produce Propaganda the Newspaper Continues to Produce UPC Puff Pieces, Just Ahead of EU Council Meeting

    How the media, including the Financial Times, has been used (and even paid!) by the EPO in exchange for self-serving (to the EPO) messages and articles



  16. Beware the Patent Law Firms Insinuating That Software Patents Are Back Because of McRO

    By repeatedly claiming (and then generalising) that CAFC accepted a software patent the patent microcosm (meta-industry) hopes to convince us that we should continue to pursue software patents in the US, i.e. pay them a lot more money for something of little/no value



  17. The US Supreme Court Might Soon Tighten Patent Scope in the United States Even Further, the USPTO Produces Patent Maximalism Propaganda

    A struggle brewing between the patent 'industry' (profiting from irrational saturation) and the highest US court, as well as the Government Accountability Office (GAO)



  18. Patent Trolling a Growing Problem in East Asia (Software Patents Also), Whereas in the US the Problem Goes Away Along With Software Patents

    A look at two contrasting stories, one in Asia where patent litigation and hype are on the rise (same in Europe due to the EPO) and another in the US where a lot of patents face growing uncertainty and a high invalidation rate



  19. The EPO's Continued Push for Software Patents, Marginalisation of Appeals (Reassessment), and Deviation From the EPC

    A roundup of new developments at the EPO, where things further exacerbate and patent quality continues its downward spiral



  20. The Battistelli Effect: “We Will be Gradually Forced to File Our Patent Applications Outside the EPO in the Interests of Our Clients”

    While the EPO dusts off old files and grants in haste without quality control (won't be sustainable for more than a couple more years) the applicants are moving away as trust in the EPO erodes rapidly and profoundly



  21. Links 27/9/2016: Lenovo Layoffs, OPNFV Third Software Release

    Links for the day



  22. The Moral Depravity of the European Patent Office Under Battistelli

    The European Patent Office (EPO) comes under heavy criticism from its very own employees, who also seem to recognise that lobbying for the UPC is a very bad idea which discredits the European Patent Organisation



  23. Links 26/9/2016: Linux 4.8 RC8, SuperTux 0.5

    Links for the day



  24. What Insiders Are Saying About the Sad State of the European Patent Office (EPO)

    Anonymous claims made by people who are intimately familiar with the European Patent Office (from the inside) shed light on how bad things have become



  25. The EPO Does Not Want Skilled (and 'Expensive') Staff, Layoffs a Growing Concern

    A somewhat pessimistic look (albeit increasingly realistic look) at the European Patent Office, where unions are under fire for raising legitimate concerns about the direction taken by the management since a largely French team was put in charge



  26. Patents Roundup: Accenture Software Patents, Patent Troll Against Apple, Willful Infringements, and Apple Against a Software Patent

    A quick look at various new articles of interest (about software patents) and what can be deduced from them, especially now that software patents are the primary barrier to Free/Libre Open Source software adoption



  27. Software Patents Propped Up by Patent Law Firms That Are Lying, Further Assisted by Rogue Elements Like David Kappos and Randall Rader (Revolving Doors)

    The sheer dishonesty of the patent microcosm (seeking to bring back software patents by misleading the public) and those who are helping this microcosm change the system from the inside, owing to intimate connections from their dubious days inside government



  28. Links 25/9/2016: Linux 4.7.5, 4.4.22; LXQt 0.11

    Links for the day



  29. Patent Quality and Patent Scope the Unspeakable Taboo at the EPO, as Both Are Guillotined by Benoît Battistelli for the Sake of Money

    The gradual destruction of the European Patent Office (EPO), which was once unanimously regarded as the world's best, by a neo-liberal autocrat from France, Benoît Battistelli



  30. Bristows LLP's Hatred/Disdain of UK/EU Democracy Demonstrated; Says “Not Only Will the Pressure for UK Ratification of the UPC Agreement Continue, But a Decision is Wanted Within Weeks.”

    Without even consulting the British public or the European public (both of whom would be severely harmed by the UPC), the flag bearers of the UPC continue to bamboozle and then pressure politicians, public servants and nontechnical representatives


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