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

05.02.09

General Electric Joins Microsoft’s Fight Against Free Software

Posted in America, Europe, GNU/Linux, Kernel, Microsoft, Patents, TomTom at 8:06 am by Dr. Roy Schestowitz

Europe’s software patents cartel is rearmed

General Electric

Summary: Another look at the TomTom/FAT case, GE’s new role in Europe, and growing opposition to software patents

ACCORDING TO this report, General Electric has joined a group of American lobbyists who are trying to impose American software patents upon Europe. Red Hat is the exception [PDF].

Microsoft has teamed with General Electric to petition European regulators on a fundamental principle that will continue to drive a wedge between the company and open source supporters.

The duo filed an amicus brief arguing that regulators should believe in the existence of patents in software and that these patents should then be enforceable in European Union courts.

This article comes from a Linux-hostile person and it actually stirs things up using FAT patents. Over in Europe, TomTom paid less than €500,000 to Microsoft. The laws in Holland are worth learning in order to understand the cause, but basically, what Microsoft wanted from the TomTom case is PR. And indeed, the company issued a press release to celebrate this settlement at the time, so right now it must be going from door to door waiving it and demanding money for the Linux kernel. That’s why OIN has responded and Linux developers are already working around the patents.

“…Microsoft wanted to keep this number under the radar (out of the public eye) and that’s why they asked for less than €500,000.”In reality, given the nature and scale of the case, €500,000 is a very meager amount, so Microsoft will not want it to be publicly known. We have it confirmed that Microsoft wanted to keep this number under the radar (out of the public eye) and that’s why they asked for less than €500,000. It has something to do with Dutch law (tax in particular). Can any of our Dutch readers look into this?

To say more about Europe, patent filings are falling there as well (just like in the United States). It’s a reason to be delighted because patents merely restrict research and development. They promote immovable monopolies that are nothing to be jubilant about unless you work for Philips or Siemens or SAP. They too are lobbyists for more patents simply because they are in a position where they can elbow competition out of their way.

Preliminary figures from the European Patent Office (EPO) reveal that the number of applications for new patents is down 7% in the first two months of 2009. This is the first reduction in patent applications in over a decade, sparking fears that Europe’s knowledge economy is under threat.

As the deadline for submission to the EBoA is reached, a few more reports trickle in. From those who are in favour of software patents (lawyers of course):

Of these, some are very interesting, some are fairly pedestrian, some are horribly wordy and full of legal ‘analysis’, footnotes and references, some are fairly predictable ill-informed anti-patent rants, while others are merely irrelevant. The IPKat (who still can’t see what on Earth TRIPs has to do with the EPO) will let his readers decide which are which.

More from the same source: [via Digital Majority]

There have also been problems in the UK, where the Intellectual Property Office has issued four different Practice Notices relating to computer-implemented inventions in the last five years. CIPA is not in favour of such frequent changes, as patents have a lifetime of up to twenty years.

The EBoA (for EPO) is also receiving some more hostile responses.

(B) IF QUESTION 2 (A) IS ANSWERED IN THE NEGATIVE, IS A FURTHER TECHNICAL EFFECT NECESSARY TO AVOID EXCLUSION, SAID EFFECT GOING BEYOND THOSE EFFECTS INHERENT IN THE USE OF A COMPUTER OR DATA STORAGE MEDIUM TO RESPECTIVELY EXECUTE OR STORE A COMPUTER PROGRAM?

Congratulations. That is more creative for circumventing the law.

IBM may be fighting to protect Linux from FAT (c/f first report), but it is by no means opposed to software patenting. Being a veteran monopoly, it sticks to diplomacy and keeps quiet about it while patenting a whole load of rubbish. Latest example:

theodp writes “In 2006, IBM boasted it was ‘holding itself to a higher standard than any law requires because it’s urgent that patent quality is improved.’ On Thursday, the USPTO revealed that IBM was seeking a patent for Controlling and Using Virtual Universe Wish Lists. The product of six IBM inventors, Big Blue explained that a ‘virtual wish list device determines an item in a virtual universe that is desired by an avatar.’ Led by Chief Avatar Sam Palmisano, IBM is still drinking the virtual world Kool-Aid, dropping $80,000 to host a recent Second Life-based conference for 200 or so members of the IBM Academy of Technology. IBM indicated the virtual venue was chosen to avoid sending ‘the wrong kind of message’ (pdf) that something like a $400,000 real-world meeting might send during troubled economic times.”

IBM must realise that its patent hypocrisy is not helping GNU/Linux. It ought to show some determination to exterminate barriers to Free software; and not just about Linux, of which it is a prominent user.

IBM’s patent department is actively lobbying Europe to legalise software patents. They have invested millions in fighting example cases to leading European lawcourts such as the EPO’s Technical Boards of Appeal and the German Federal Court in order to soften and eventually remove European restrictions on patenting software. They have also threatened European politicians that IBM might close down local facilities if software patents are not legalised in Europe. IBM has also prevented the US government from conducting studies on the value of software patents for the national economy. In the wake of the Opensource hype, IBM’s rhetoric has become relatively moderate, but nonetheless it is supported by real pressure. IBM has acquired approximately 1000 European software patents whose legal status is currently unclear. Given the great number of software patents in IBM’s hands, IBM is one of the few software companies who may have a genuine interest in software patentability. Once software patents become assertable in Europe, an IBM tax of several billion EUR per year may be levied on European software companies.” [Read more]

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

2 Comments

  1. Dave said,

    May 2, 2009 at 3:10 pm

    Gravatar

    Micrsoft licenses the FAT patents for 25 cent per sold item or for a one time 250k payment. So paying 500k dollar is not cheap whatsoever.

    Roy Schestowitz Reply:

    Do you happen to know the exact amount they shelled out?

    Thanks.

What Else is New


  1. With UPC Dead for Battistelli's Entire Remaining Term, No Reason for the EPO or the Administrative Council to Keep Battistelli Around

    Thoughts about what happens to the EPO's leadership after 'Brexit' (British exit from the EU), which severely undermines Battistelli's biggest project that he habitually used to justify his incredible abuses



  2. Links 24/6/2016: Xen Project 4.7, Cinnamon 3.0.6

    Links for the day



  3. Benoît Battistelli Should Resign in Light of New Leak of Decision in His Vendetta Against Truth-Telling Judge (Updated)

    Benoît Battistelli continues to break the EPO's own rules, not just national laws, as a new decision helps reveal



  4. Fake Patents on Software From Fake Australian 'Inventor' of Bitcoin and the Globally-Contagious Nature of EPO Patent Scope

    News from Australia regarding software patents that should not be granted and how patent lawyers from Australia rely on European patent law (EPO and UK-IPO) for guidance on patent scope



  5. Patent Lawyers Love (and Amplify) Halo and Enfish, Omit or Dismiss Cuozzo and Alice

    By misinterpreting the current situation with respect to software patents and misusing terms like "innovation" patent lawyers and others in the patent microcosm hope to convince the public (or potential clients) that nothing in effect has changed and software patents are all fine and dandy



  6. Looks Increasingly Plausible That Battistelli is Covering up Bogus and/or Illegally-Obtained 'Evidence' From the EPO's Investigative Unit

    Why we believe that Benoît Battistelli is growingly desperate to hide evidence of rogue evidence-collecting operations which eventually landed himself -- not the accused -- in a catastrophic situation that can force his resignation



  7. As Decision on the UK's EU Status Looms, EPO Deep in a Crisis of Patent Quality

    Chaotic situation at the EPO and potential changes in the UK cause a great deal of debate about the UPC, which threatens to put the whole or Europe at the mercy of patent trolls from abroad



  8. Another Demonstration by European Patent Office (EPO) Staff on Same Day as Administrative Council's Meeting

    SUEPO (staff union of the EPO) continues to organise staff actions against extraordinary injustice by Benoît Battistelli and his flunkies whom he gave top positions at the EPO



  9. Links 23/6/2016: Red Hat Results, Randa Stories

    Links for the day



  10. Interview With FOSSForce/All Things Free Tech

    New interview with Robin "Roblimo" Miller on behalf of FOSSForce



  11. Links 22/6/2016: PulseAudio 9.0, GNOME 3.21.3 Released

    Links for the day



  12. IP Europe's UPC Lobbying and the EPO Connection

    The loose but seemingly ever-growing connections between AstroTurfing groups like IP Europe (pretending to represent SMEs) and EPO staff which is lobbying-centric



  13. EPO “Recruitment of Brits is Down by 80%”

    Letter says that “recruitment of Brits is down by 80%” and "the EPO lost 7% of UK staff in one year"



  14. The Conspiracy of Patent Lawyers for UPC and Battistelli's Role in Preparing by Firing People

    The parasitic firms that lobby for the UPC and actually create it -- firms like those that pass money to Battistelli's EPO -- are doing exactly the opposite of what Europe needs



  15. Patent Lawyers, Having Lost Much of the Battle for Software Patents in the US, Resort to Harmful Measures and Spin

    A quick glance at how patent lawyers and their lobbyists/advocates have reacted to the latest decision from the US Supreme Court (Justice Breyer)



  16. Links 21/6/2016: Fedora 24 and Point Linux MATE 3.2 Officially Released

    Links for the day



  17. Supreme Court on Cuozzo v Lee Another Major Loss for Software Patents in the United States

    Much-anticipated decision on the Cuozzo v Lee case (at the highest possible level) serves to defend the appeal boards which are eliminating software patents by the thousands



  18. As Alice Turns Two, Bilski Blog Says 36,000 (Software) Patent Applications Have Been Rejected Thanks to It

    A look back at the legacy of Alice v CLS Bank and how it contributed to the demise of software patents in the United States, the birthplace of software patents



  19. EPO Self-Censorship by IP Kat or Just Censorship of Opinions That IP Kat Does Not Share/Accept (Updated)

    ree speech when it's needed the most (EPO scandals) needs to be respected; or why IP Kat shoots itself in the foot and helps the EPO's management by 'sanitising' comments



  20. Caricature: Bygmalion Patent Office

    The latest cartoon regarding Battistelli's European Patent Office



  21. Links 21/6/2016: GNU/Linux in China's HPC, Linux 4.7 RC4

    Links for the day



  22. Under Battistelli's Regime the EPO is a Lawless, Dark Place

    How the EPO's Investigative Unit (IU) and Control Risks Group (CRG), which is connected to the Stasi through Desa, made the EPO virtually indistinguishable from East Germany (coat of arms/emblem above)



  23. New Paper Demonstrates That Unitary Patent (UPC) is Little More Than a Conspiracy of Patent 'Professionals' and Their Self Interest

    Dr. Ingve Björn Stjerna's latest paper explains that the UPC “expert teams” are in fact not experts but people who are using the UPC as a Trojan horse by which to promote their business interests and corporate objectives



  24. Money Flying to Private Companies Without Tenders at Battistelli's EPO (by the Tens of Millions!)

    Extravagant and cushy contracts to the tune of tens of millions of Euros are being issued without public scrutiny and without opportunities to competition (few corporations easily score cushy EPO contracts while illusion of tendering persists -- for small jobs only)



  25. Patent Examiners and Insiders Acknowledge Profound Demise in Patent Quality Under Battistelli

    By lowering the quality of patents granted by the European Patent Office Battistelli hopes to create an illusion of success, where success is not measured properly and is assessed by biased firms which he finances



  26. Jericho Systems Threatens Alice, Court of Appeals for the Federal Circuit Threatens the Patent Trial and Appeal (PTAB)

    A look at the two latest threats to those who helped put an end to a lot of (if not most) software patents in the US



  27. How the Halo Electronics Case Helps Patent Trolls and How Publications Funded by Patent Trolls (IAM for Instance) Covered This

    A Supreme Court ruling on patents, its implications for software patent trolls, and how media that is promoting software patents and patent trolls covered it



  28. Patent Lawyers' Fantasy Land Where Software Patents Are Suddenly Resurrected Even When They're Not

    A quick glance at where the debate over software patents in the United States stands and how profiteers (such as patent lawyers) not only mislead the public but also bully the messengers



  29. Links 19/6/2016: Randa Over, Fedora 24 Release Soon

    Links for the day



  30. [ES] La Oficina Europea de Patentes de Battistelli Amplia su Contrato con el Nefasto FTI Consulting Para Neutralizar a los Medios, Desperdicia Millones de Euros

    Sacando a luz a lo que pasa con el presupuésto de la EPO y como es puesto “a trabajar” bajo la tiranía sin precedente de Battistelli (Eponia) justo en el corazón de Europa


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