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

05.13.09

Novell Still Validates Software Patents by Applying for More

Posted in Europe, Law, Novell, Patents at 2:25 pm by Dr. Roy Schestowitz

Summary: A discussion commences with Novell’s attitude towards software patents and proceeds to the situation in Europe and elsewhere

IT IS hardly news that Novell is part of the software patents problem [1, 2]. It keeps applying for more and more of them and here is the very latest from the news:

System and method for staggering the start time of scheduled actions for a group of networked computers, patent No. 7,533,188, invented by Thomas Greger of Lehi, assigned to Novell, Inc. of Provo.

That’s in the US, which as far as software patents are concerned is almost a lost cause (bar Bilski). Looking over at Europe, which is in a bad shape right now, Novell did not submit anything in opposition to software patents (even I did so as an individual). Novell simply does not care or does not oppose software patents (consent by silence for PR considerations), which it uses to its advantage. It’s a bit of a farce, even for a self-proclaimed mixed-source company. Here in the news we find others who are misusing the word “open” to characterise closed pools of monopolies with plenty of patents. There is nothing “open” about it.

There is actually a lot more to be concerned about at the moment. Also in Europe, we’re finding two good reports from IPJur.com, which warns about a new type of monster:

i. PCT II – A Step Towards A ‘World Patent’?

Recently WIPO has published Document PCT/WG/2/12 for the second session of the PCT Working Group to be held in Geneva from May 04 to 08, 2009.

The above-cited document contains a proposal by the United States Patent and Trademark Office (USPTO) for a comprehensive revision of the international patent system which would result in the establishment of a new Patent Cooperation Treaty, PCT II….According to the Document it is envisioned that applications receiving a positive report at the end of the international/national processing would essentially result in automatic patent grants in all member States.

ii. Further News Concerning the EU Project ‘Enhancing The Patent System In Europe’

With Document 9549/09, on May 08, 2009, the Czech EU Presidency has addressed the EU Permanent Representatives Committee COREPER (Part 1) concerning the preparation of the EU Competitiveness Council of May 28 – 29, 2009 with regard to the project titled Enhancing the patent system in Europe concerning:

* Proposal for a Regulation of the Council on the Community patent, and
* Draft Agreement creating a Unified Patent Litigation System.

At its meeting on December 01, 2008, the EU Competitiveness Council had taken note of a progress report prepared by the French Presidency (Document 16006/08) and instructed the Working Party to continue work on the patent litigation system and the Community patent with a view to finding solutions and reaching agreement in both areas as soon as possible. In line with this Council mandate, the Czech Presidency has convened six Working Party meetings so far, with about equal time having been devoted to the unified patent litigation system and the Community patent.

The “Community patent” is an ongoing problem which is a threat to the real community (Free software community). A euphemisms-filled language is very deceiving, and it’s intended to be so. As this one person put it some days ago:

I think European government should be aware of this wolf in sheep’s clothing that patents may be for medium and little companies and they should avoid software patents to be approved.

To recommend some other new write-ups on this subject, here is an academic paper about patent trolls.

While each patent dispute is unique, most fit the profile of one of a limited number of patent litigation stories. A dispute between an independent inventor and a large company, for instance, is often cast in “David v. Goliath” terms. When two large companies fight over patents, in contrast, they are said to be playing the “sport of kings.” Some corporations engage in “defensive patenting” in order to deter others from suing them. Patent licensing and enforcement entities who sue have been labeled “trolls.” Finally, observers of the patent system call the use of patent litigation to impose or exploit financial distress “patent predation.”

Further to Intel's Grove spilling of the beans on the patent bubble, here is one reaction from a Microsoft MVP — one who may have taken pride in his beloved company’s misguided direction.

Last Saturday night there was a star laced event which included all of the big wigs of Silicon Valley. The guest speaker was a the former CEO of Intel, Andrew Grove, who painted a picture that Silicon Valley could be heading the way of Wall Street.

That comparison to Wall Street would probably be suitable. We wish to recommend the following famous documentary called “Money As Debt”. It is a must-see for everyone because it explores an important subject which remains a taboo.

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. IRC Proceedings: Tuesday, April 07, 2020

    IRC logs for Tuesday, April 07, 2020



  2. GitHug - A Guest Article by Thomas Grzybowski

    "Now, if Azure revenue has increased 72%, but the gross revenue in this category has only increased 25%, that means that the other components, primary GitHub, are actually a substantial negative."



  3. Links 7/4/2020: Firefox 75, Python 2.7.1 RC1

    Links for the day



  4. The Fall of the UPC - Part XIV: Media Owned and Controlled by Law Firms Did Not Properly Cover the Decision of the German Constitutional Court (FCC)

    We take another look at the shallow if not deliberately misleading coverage in sites that are literally owned and run by law firms, for the benefit of law firms rather than informing the public



  5. The Media Paints Bill Gates as the Man Who Will Save the World While Seattle's Police Department Obstructs Access to Documents About Pedophilia Arrest at His Home

    We're still unable to receive even one single page of the police report about arrest for pedophilia at the home of Bill and Melinda Gates; the media says nothing about this and instead it paints Gates as a national or international hero



  6. IRC Proceedings: Monday, April 06, 2020

    IRC logs for Monday, April 06, 2020



  7. Software Patents Remain Junk Patents in the United States (Not Enforceable), Whereas the EPO Keeps Granting Them and Promoting Them

    We take note of the positive outcomes in the US, where courts continue to reject software patents, but in Europe the largest patent office, which sought to replace all the courts, still acts as if patent law does not exist and patents can be endlessly printed irrespective of their merit (or validity as judged by actual courts)



  8. The Fall of the UPC - Part XIII: A Death Worth Celebrating and Many Lies Worth Debunking

    We take stock of positive responses to the decision made by the German constitutional court (FCC) 2.5 weeks ago; we also explain why it has taken so long to piece together firm-by-firm scoresheet for UPC lies



  9. GitHub is Moving the Free Software Movement Into “Check”

    GitHub's growing levels of control over Free software projects (GitHub itself is proprietary and Microsoft-controlled) ought to alarm the community; it's a lot worse than most people care to acknowledge, based on weeks of detailed analysis of GNU/Linux distros



  10. Links 6/4/2020: New Red Hat CEO, elementary OS Hera Updates

    Links for the day



  11. When the Decision is OK and the Judge's Motivations Are Also OK

    Justice Huber made the right call; but the bullies and charlatans who conspired to undermine laws and constitutions will never be satisfied



  12. The Fall of the UPC - Part XII: Doing the Unthinkable by Blaming the Judge's (Justice's) Wife?

    Team UPC and its media partners never cease to amaze us; anybody who stands in their way is either portrayed as a Russian stooge or too ignorant to be worth talking to



  13. The Fall of the UPC - Part XI: Lies Told by Bundesverband der Deutschen Industrie (BDI) in Süddeutsche Zeitung

    Today we look at misleading claims (or lies) published by Süddeutsche Zeitung after the Germans' constitutional court (FCC) had pointed out the obvious, namely that UPC ratification would be in violation of the German constitution



  14. IRC Proceedings: Sunday, April 05, 2020

    IRC logs for Sunday, April 05, 2020



  15. Links 5/4/2020: MindSpore, Covid-19 Projects and More

    Links for the day



  16. EPO is Just Like Some Cruel Political Party and Not a Patent Office

    The "cabal" which runs today's EPO (even the word "Mafia" seems suitable here) isn't acting -- not even remotely -- like a patent office; it's a patent-printing operation ("protection money" as income) that uses shallow political stunts to manufacture consent with the EU's 'generous' assistance



  17. Digitalisation and Digital Technologies as a Ploy to Justify Illegal Software Patents

    Say "hello" to the next weasel word/s; from the "hey hi" hype wave we've now moved to something "digital" (which can mean just about anything, including algorithms of all sorts)



  18. The Fall of the UPC - Part X: How We Shall Catalogue UPC Lies

    The cult that Team UPC became (one member lying to another member, maintaining a false version of reality) will be judged based on underlying facts, not lying about facts; we start with a token of contempt for IP Kat and Bristows LLP (there are overlaps)



  19. IRC Proceedings: Saturday, April 04, 2020

    IRC logs for Saturday, April 04, 2020



  20. Major Revelation: Microsoft Blackmail Against LAMP (GNU/Linux and Free Stacks for Servers) Goes At Least 16 Years Back, Predating the Novell Patent Deal

    (Techno-)Anthropological analyses of Microsoft's patent war on Free/libre software must take into account what Microsoft did to MySQL, a Swedish company at the time



  21. Links 4/4/2020: Sparky 5.11, Firefox 74.0.1, POCL 1.5

    Links for the day



  22. IRC Proceedings: Friday, April 03, 2020

    IRC logs for Friday, April 03, 2020



  23. Links 3/4/2020: Ubuntu Beta, GNOME 3.36.1, ExTiX LXQt Mini, NetBSD 8.2 Released

    Links for the day



  24. Digital Communication, Digitalisation and Videogaming Among the EPO's Latest Smokescreens for Illegal and Abstract Patents on Algorithms

    The EPO keeps liaising with the EU to promote patents which EU officials have themselves said were illegal; to make matters worse, the EPO's violations of its own laws inspire the United States to do the same



  25. Emotional Blackmail for Illegal Software Patents

    Semantic tactics the European Patent Office (EPO) uses to promote software patents in Europe and may theoretically use in the future (satire)



  26. Clear Linux is to GNU/Linux What Clearly Defined is to Open Source

    The idea that we need Intel to take GNU/Linux ‘mainstream’ is ludicrous; as OSDL co-founder (now succeeded in the flesh of the Corporate Linux Foundation), Intel is more about Linux (with DRM, “secure boot” and everything that lets it be remotely controlled) than about GNU and it’s not too keen on GPL (copyleft), either



  27. IRC Proceedings: Thursday, April 02, 2020

    IRC logs for Thursday, April 02, 2020



  28. Links 2/4/2020: Linux 5.6.2, Qt Creator 4.11.2, LineageOS ROM Based on Android 10

    Links for the day



  29. OIN in 2020 Resembles Linux Foundation in 2020 (Corporate Front Group Piggybacking the Linux Brand)

    We regret to say that the Open Invention Network seems not to care at all about Software Freedom; to make matters worse, it is a proponent of software patents and a voice for companies like IBM and Microsoft, not the "Community" it fancies misrepresenting



  30. Inside the Free Software Foundation (FSF) - Part IX: Semi-Happy Ending

    Richard Stallman is here to stay and the FSF will let him stay (as chief of GNU); we want to close the series on a positive note


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

Recent Posts