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. The Death of Software Patents and Microsoft's Coup Against Yahoo! Made the Company Worthless

    A look at what happens to companies whose value is a house of software patents rather than code and a broad base of users/customers



  2. Munich Attack Mentioned by EPO But Not Ansbach

    The EPO does the usual right-wing thing (exploiting disaster/emergency for domestic crackdowns), but some bemoan the omission of the explosion at Ansbach (also in Germany)



  3. Kluwer Thinks People Are Clueless About the Unitary Patent System and Pretends It's Business as Usual

    Flogging the dead UPC horse at times of great uncertainty (enough to bring the UPC to a standstill)



  4. Almost Everything That the Government Accountability Office Says is Applicable to the EPO

    The Government Accountability Office in the United States produces reports which can serve as a timely warning sign to the European Patent Office, where patent quality is rapidly declining in order to meet 'production' goals



  5. Microsoft Says It Loves Linux, But Its Anti-Linux Patent Trolls Are Still Around and Active

    Highlighting just two of the many entities that Microsoft (and partners) use in order to induce additional costs on Free (as in freedom) software



  6. Links 26/7/2016: Microsoft Growing Desperate, Linux 4.8 Visions

    Links for the day



  7. Links 25/7/2016: Linux 4.7 Final, PostgreSQL 9.6 Beta 3

    Links for the day



  8. Leaked: Boards of Appeal Face 'Exile' or 'Extradition' in Haar After Standing up to Battistelli

    A look at some of the latest moves at the European Patent Office (EPO), following Battistelli's successful coup d’état which brought the EPO into a perpetual state of emergency that perpetuates Battistelli's totalitarian powers



  9. The US Government Accountability Office (GAO) Comes Across as Against Software Patents, Relates to the EPO as Well

    Some analysis of the input from the Government Accountability Office (GAO) with focus on the EPO and software patents



  10. In the US, Patent Trolls Engage in Patent Wars and Shakedowns, Whereas in China/Korea Large Android OEMs Sue One Another

    Highlighting some of the differences between the US patent system and other patent systems



  11. Links 24/7/2016: Elive 2.7.1 Beta, New Flatpaks and Snaps

    Links for the day



  12. Links 23/7/2016: Leo Laporte on GNU/Linux, Dolphin Emulator’s Vulkan Completion

    Links for the day



  13. Links 22/7/2016: Wine 1.9.15, KaOS 2016.07 ISO

    Links for the day



  14. Haar Mentioned as Likely Site of Appeal Boards as Their Eradication or Marginalisation Envisioned by UPC Proponent Benoît Battistelli

    Not only the Staff Union of the European Patent Office (SUEPO) is under severe attack and possibly in mortal danger; the increasingly understaffed Boards of Appeal too are coming under attack and may (according to rumours) be sent to Haar, a good distance away from Munich and the airport (half an hour drive), not to mention lack of facilities for visitors from overseas



  15. EPO Attaché Albert Keyack Viewed as Somewhat of a Mole, Reporting From the US Embassy in Brazil Until Shortly Before the Temer Coup

    Public responses to the role played by Albert Keyack on behalf of the United States inside the European [sic] Patent Office



  16. EPO Insiders Explain Why the EPO's Examination Quality Rapidly Declines and Will Get Even Worse Because of Willy Minnoye

    Public comments from anonymous insiders serve to highlight a growing crisis inside the European Patent Office (EPO), where experienced/senior examiners are walking away and leaving an irreplaceable bunch of seats (due to high experience demands)



  17. Patents Roundup: BlackBerry, Huawei, PTAB, GAO, Aggressive Universities With Patents, and Software Patents in Europe

    Various bits and pieces of news regarding patents and their fast-changing nature in the United States nowadays



  18. Glimpse at Patent Systems Across the World: Better Quality Control at the USPTO Post-America Invents Act (2011), Unlike the EPO Post-Battistelli (2010)

    While the EPO reportedly strives to eliminate pendency and appeal windows altogether (rubberstamping being optimal performance as per the yardstick du jour), the USPTO introduces changes that would strengthen the system and shield innovation, not protect the business model of serial litigants



  19. Blockstream Has No Patents, But Pledges Not to Sue Using Patents

    Blockstream says that it comes in peace when it comes to software patents, which triggers speculations about coming Blockchain patent wars



  20. Links 21/7/2016: Ubuntu 16.04.1 LTS, Linux Mint 18 “Sarah” Xfce Beta

    Links for the day



  21. Links 21/7/2016: An Honorary Degree for Alan Cox, Looks Back at DebConf16

    Links for the day



  22. EPO USA: Under Battistelli, the 'European' Patent Office Emulates All the Mistakes of the USPTO

    Conservative Benoît Battistelli is trying to impose on the European Patent Office various truly misguided policies and he viciously attacks anyone or anything that stands in his way, including his formal overseers



  23. Links 19/7/2016: ARM and Opera Buyout

    Links for the day



  24. Large Corporations' Software Patenting Pursuits Carry on in Spite of Patent Trolls That Threaten Small Companies the Most

    With unconvincing excuses such as OIN, large corporations including IBM continue to promote software patents in the United States, even when public officials and USPTO officials work towards ending those



  25. Battistelli Has Implemented De Facto EPO Coup to Remove Oversight, Give Himself Total Power, and Allegedly Give UPC Gifts (Loot) to French Officials

    Benoît Battistelli's agenda at the EPO is anything but beneficial to the EPO and suspicions that Battistelli's overall agenda is transitioning to the UPC to further his goals grow feet



  26. EPO Social [sic] Report is a Big Pile of Lies That Responsible Journalists Must Ignore

    A reminder of where the EPO stands on social issues and why the latest so-called 'social' report is nothing but paid-for propaganda for Battistelli's political ambitions



  27. Links 18/7/2016: Vista 10 a Failure, FreeType 2.7

    Links for the day



  28. Exploiting Perceived Emergencies/Disasters, Suspending the Rule of Law, and Suspending Judges: How Erdoğan is Like Battistelli, Except the Coup

    Pretexts for crackdown on law-abiding people or figureheads who are remote and independent the hallmark not only of Erdoğan but also the EPO's President, Benoit Battistelli



  29. The Impotence of Gene Quinn

    Attacking the enforcer of Alice v CLS because it's doing harm to his source of income, which makes him angry



  30. After the FTI Consulting-EPO Reputation Laundering Deal's Expansion in Germany Süddeutsche Zeitung 'Forgets' That the EPO Even Exists

    Relative apathy if not complete silence regarding the EPO at Süddeutsche Zeitung following reports of FTI Consulting's deal expansion (media positioning in Germany), with hundreds of thousands of Euros (EPO budget) thrown at the controversial task


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