Bonum Certa Men Certa

Patents Roundup: Microsoft, Patent Ambush, Moral Issues, and Europe's Back Door



Summary: The latest news about patents with emphasis on software

Microsoft



THE COMPANY from Redmond has been busy creating patent FUD against Linux using an assault on TomTom. This does not mean, however, that the company is immune to the very same patents its actively lobbying for around the world (with the simple aim of making truly Free software illegal). IDG presents this new story of the company which won hundreds of millions of dollars for what it claims to be patent violations in Microsoft software.



A small security company that won a $388 million judgment against Microsoft after accusing the company of patent infringement has big plans for the future.

Uniloc, with U.S. headquarters in Irvine, Calif., prevents software piracy by creating a unique device fingerprint that can distinguish the computer in your hands from any other computer ever built. Vendors that want to prevent unauthorized use of software tie their product activation processes to Uniloc's patented method of identifying a device.


Patent Ambush



FAT is a good example of patent ambush, a practice whereby a company seeds the market with its technology and then waits until it spreads widely before attacking/extorting. It is a form of ambush, or the setting up of a trap for competitors.

Rambus is a recent case study [1, 2, 3, 4] in this one particular area. The FTC had the company investigated. But now, however, it turns out that the FTC does just what it always does. The British press says that the FTC just lets Rambus off the hook despite patent ambush.

US regulators have finally thrown in the towel after seven years of battling memory chip designer Rambus in court.

The Federal Trade Commission today said it's officially dropped claims Rambus violated antitrust laws by hoodwinking the JEDEC (Joint Electron Device Engineering Council) industry standards group into approving memory technologies on which it was quietly obtaining patents.


 

The FTC has been wrestling with Rambus for yonks on claims the firm manipulated the Joint Electron Device Engineering Council (JEDEC) - the body in charge of memory industry standards, not some distant galaxy - to adopt memory technology designs that Rambus was sneakily patenting.


This looks pretty grim for the FTC. It tolerates abuse in the standards/patent industry and thus breeds mistrust.

Further on the same subject of patents in standards, read what this man shrewdly says.

Either EU remains committed to open standards or the term "open standards" need to be removed from the new interoperability framework decision. Perhaps just standards as in formal standards from ISO would be more adequate? Open standards should not be stolen from the winning innovative Internet realm just because the greed of those that prefer royalty based industry standards.

[...]

" The term "open" is usually restricted to royalty-free technologies while the term "standard" is sometimes restricted to technologies approved by formalized committees that are open to participation by all interested parties and operate on a consensus basis." (at least still)


If one needs to pay a competitor for use of a so-called 'standard', then it's proprietary, not open. "Open" should not be taken just for visibility, or else new terminology is required, such as "free(dom) standards".

Counter-Productive



Look what IBM is doing.

"Last week, the USPTO granted IBM a patent for its System and method for comprehensive automatic color customization in an email message based on cultural perspective. So what exactly did the four Big Blue inventors come up with? IBM explains: 'For example, an email created in the U.S. in red font to indicate urgency or emphasis might be mapped to a more appropriate color (e.g., blue or black) for sending to Korea.' IBM took advantage of the USPTO's Accelerated Examination Program to fast-track the patent's approval. BTW, if you missed the 2006 press release, IBM boasted it was 'holding itself to a higher standard than any law requires because it's urgent that patent quality is improved.'"


IBM should be shamed for this. It is still a big part of the problem. Digital Majority has found another good article about the economic impact of this gold rush to own every idea under the sun.

It costs high-tech companies an average of $5 million to defeat a frivolous suit. So often defendants pay large sums just to make the case go away. This money is diverted from worthwhile research and development that could go to innovation leading to more jobs and economic growth.

The American economy is in critical need of invention and innovation. But if we want intellectual property industries to help invent a way out of the recession, we must put an end to the legal gamesmanship that rewards lawsuit abuse over creativity.

All industries directly or indirectly affected by patents — including finance, automotive manufacturing, high-tech, bio-tech and pharmaceuticals — will benefit from patent reform. It will encourage innovation — from the lone inventor in his or her garage to the high-tech company that files a thousand patents each year, and all businesses in between.


Moral Issues



Economic issues aside, there is a moral and mortal issue at stake too.

Patents as a whole are becoming increasingly controversial. It's not just about software patents, which happen to be more relevant to Free software in the sense that they harm free distribution. Patents sometimes kill. They get to define who lives and who dies.

Here is a new article that Groklaw aptly labels "Pandemics and Patents":

Swine Flu Not an Accident From a Lab, W.H.O. Says

As for the use of oseltamivir, the generic form of Tamiflu, the W.H.O. has certified only one drug — Antiflu, made by the Indian company Cipla in both pill and liquid forms — as equivalent to brand-name Tamiflu.

[...]

The move could prompt patent lawsuits by Gilead and Roche, which developed and sell Tamiflu, so Cipla will sell only to countries indemnifying them against such suits, the company said.


There is also more recognition that human rights are being compromised: "Experts Aim To Balance Intellectual Property Rights And Human Rights"

The United Nations human rights framework is being brought to bear on intellectual property law, in the hopes that the weight of expert voices in human rights can lead IP regimes toward a better balance between the needs of industry and the needs of public policy.

The Working Group on the Right to Development, an intergovernmental political body, in August 2008 took on the task of examining two intellectual property-related development partnerships that could influence the work of policymakers in at least two UN institutions.


Europe Awoken



Can Europe stay a haven to FOSS developers at all? Was it ever a haven when threats of embargo were issued across the Atlantic? There is forever a danger that Microsoft tries to legalise software patents in Europe. Since it cannot compete based on technical merits it will try to injure and illegalise FOSS. It is so much easier than producing a better product sometimes. Here is a timely new reminder of the situation:

MEPs locked horns with the Commission again in 2005 over a proposal to harmonise patent protection law for computer-implemented inventions, dubbed the ‘software patents' directive. MEPs demanded that Charlie McCreevy, the European commissioner for the internal market, revise the draft legislation, but he refused on the grounds that EU governments supported its objective. An overwhelming majority of MEPs voted to reject the proposal in second reading, the first time the Parliament had ever used this power.


One last point: there is growing concern that software patents may arrive at continental Europe through a form of unity with the UK (Charlie McCreevy is Irish), which has already permitted Nokia to do its damage.

Certain computer programs are patentable according to the UK IPO.



[...]

The Patents Act says that something cannot be patented if it consists only of a program for a computer. The IPO has historically been stricter in denying software patents than European patent authorities, despite UK law being based on the European Patent Convention, on which the European Patent Office bases its decisions. The US allows software to be patented. The UK IPO now states that Software that allows programmers to program a mobile phone system remotely from a computer can be patented because it is more than just a software program. The ruling overturns an initial decision that the invention is unpatentable because it consists of nothing more than a computer program.


Watch out for the back door of Europe.

Recent Techrights' Posts

Apple is the Company of Dictators and Worse
Apple is just another greedy corporation in search of sweatshops and even pedophiles (especially the high-profile ones)
Counting Unhatched Eggs Is Not Counting Chickens
Everything here will persist as normal
The "Infinite Bread"
The biblical story of Jesus feeding the 5,000 has software parallels
In Many Cases and in Many Different Ways, Technology Became Less Durable and Less Reliable Over Time
The "modern" things are more complex. And complexity is a foe or reliability and repair-ability.
Microsoft's LinkedIn is Losing Money, Traffic, and Hope; Now It Wants to Sell Its Users' Lifeblood (and Data)
Let this be a reminder of what social control media really is about
Microsoft Lunduke: Freedom of Speech Means Spreading What I Have to Say and Banning People I Disagree With
4Chan is one he aims for and he is siccing 4Chan trolls at people he doesn't like
Richard Stallman Back at the "Rudolf-Diesel" Hörsal "MW 2001" in About 40 Hours
He spoke there before; there's a very high seating capacity there
 
Links 20/10/2025: Louvre Museum Reveals Weakness, About 7 Million Protest US Turning Into Oligarchy/Monarchy
Links for the day
They Should Have Listened to Techrights Over a Month Earlier (Xubuntu Site Compromised)
we reported this issue about 40 days earlier and nobody did anything about it
Richard Stallman to Give Another Talk Today in Bavaria (Bavarian Academy of Science)
Tomorrow at 6 PM he speaks in Munich
Barry Kauler Explains That Puppy Linux and EasyOS Exclude Systemd to Keep Things Simple
Barry Kauler's Puppy Linux is in the community's hands. He now focuses on EasyOS and more.
Half a Year After Brian Fagioli Got Kicked Out of BetaNews for Slop He's Still Doing LLM Slop and Slop Images Targeting 'Linux' (Plagiarising Original Works)
If the Web gets polluted or flooded by slopfarms such as these, and Slashdot then sends traffic so these slopfarms (Slashdot probably doesn't do this intentionally), then real writers with real knowledge of GNU/Linux will lose the spark for publishing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 19, 2025
IRC logs for Sunday, October 19, 2025
Campaign of FUD Against Framework Laptops and GNU/Linux (Using Microsoft's Attack on Linux, 'Secure Boot')
Ritual Defamation Cult has turned its attention over to Framework
Liberation From 'The Feed'
They rank things based on the editor's choice/ideology (he or she knows the sponsors, hence the masters)
Microsoft's Killing of Vista 10 Seems to Have Resulted in More Articles About GNU/Linux (But Also FUD)
We not only saw a rise in traffic, we also saw a remarkable rise in the number of articles
Today (a Day Before Richard Stallman Talk at TUM) There's a Patent Propaganda Event at TUM
Perhaps an opportunity for Dr. Stallman to rebut this "invention to patent" nonsense/fantasy (conflating monopolies with innovation)
OpenSource or "Open Source" as a Brand is Dying, Let's Get Back to Talking About Software Freedom
Those of us who actually want to reform the industry and put users in control of their systems/devices will recognise that "Open Source" was selling a lie or got-co-opted by liars
19 Years in Numbers: Techrights' Anniversary Countdown and Retrospective
In 2019 we began improving our workflows and, accordingly/predictably, we became a lot more productive
Slop Turns People Off (LLMs Lack Intelligence, They're Just Plagiarism Powerhouses That Fail to Deliver Any Real, Measurable Value)
"More" (or "MOAR") isn't always better
IBM Red Hat Has Re-calibrated or Adjusted to Bubble Economics, False Promises, and Slop/Plagiarism
This won't end well
Fake Numbers, Fake Claims, Fake Economy, and Media Grifters That Prop Up Fraud
Grifters like The Register MS won't be looked upon kindly after the bubble implodes
For Some, the GNU Web Site is Not Accessible This Week
They seem to have gone into some kind of lock-down mode
Symptoms of Upcoming Microsoft Layoffs in XBox
A crashing franchise
Psychiatrist confession: Germanwings crash & Debian toxic culture recognized before suicides
Reprinted with permission from Daniel Pocock
Gemini Links 19/10/2025: Scentjacking 101, Slop Hype Boosters, and Steam Next Fest
Links for the day
Slopwatch: The Serial Slopper, LinuxSecurity, and Google News
Let's hope slopfarms die as soon as possible
Links 19/10/2025: Cambodia Scam Centres, Slop Hurting Wikipedia Traffic
Links for the day
As Economies Crumble Free as in Beer Will Matter, Not Just Free as in Freedom/Libre (Libertad)
French regions choosing to embrace Software Freedom
25 Years Ago, an Explanation of How Reducing Free Software to 'Apps' Would Interfere With Freedom Goals
there's nothing unreasonable about it
A List of 63 Known Gemini Clients (Software to Browse Geminispace Content With Gemini Protocol)
Not counting browser plugins for Web browsers
Gemini Links 19/10/2025: "Firma Odin Is Transforming" and Bot Attacks While "AFK"
Links for the day
US Government: 6.1% of Site Visitors Use GNU/Linux
GNU/Linux has a considerable share and it is growing
LLM Slop Could Not Rise to Prominence Without Media Complicity and Artificial Hype
Inane garbage disguised as "journalism"
Why the FSF No Longer Recommends Debian, as Explained by Richard Stallman This Month
some weeks ago
All the Latest Half Dozen Articles by Mehedi Hasan (UbuntuPIT) Only Admit at the End That He's Using LLM Slop
Disclosure is OK, but the practice of using slop is not
The 'Modern' Web of Fake Security and Easy Censorship of Whole Domains
Each year it gets worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 18, 2025
IRC logs for Saturday, October 18, 2025
The Term "AI" is Not New and What Today's Media Calls "AI" Isn't Even AI
Only the hype was new... and totally artificial
Gemini Links 18/10/2025: "Planetary Rings", Steam, and PSU Replacement
Links for the day
Defeating LLM Abuse (State-of-the-Art Plagiarism) in the Area of Linux and GNU, Free Software, BSD, Security and So On
The aim is to get them to stop using LLMs to rip off other people's work
Links 18/10/2025: Russell Vought in Charge, US Government Leans to Russia Again
Links for the day
Credit Where It's Due: LinuxConfig.org Quit Doing LLM Slop, Back to Original and Real Articles
We waited for a while to say this, now it seems conclusive
Of Note: UbuntuPIT Aware of Critics of Slop, Adds Disclosure of Use of LLMs
We appreciate the honesty
Links 18/10/2025: Madagascar's President Flees and ICE Arrests Protest Comedian Robby Roadsteamer
Links for the day
Richard Stallman Near the European Patent Office (EPO) in 3 Days From Now
It'll be a good opportunity for patent examiners to listen, ask questions, and maybe greet him in person
From Scholar to Booster of Slop (and Even Slop in His Own Blog)
We're going to keep an eye on future posts of his
End of Vista 10 Also Good News for the BSDs
There are many news sites that recommend trying GNU/Linux this month
What's Wrong With Liking Parrots or Birds as Pets?
They'd demonise people for speaking about freedom, no matter what they say or do
Digital Sanitation Good Practices
leave behind Microsoftism
10 Days Ago Richard Stallman Gave a Long Interview in French (linuxfr.org)
English translation
Science, Not Fast Food/Junk Food
The commercial exploitation of users won't stop until users exercise full control over their software or - more broadly - their computing (including data)
The Free Software Foundation, Which Has Appointed a 43-Year-Old President, is Looking to Add Another Board Member (or Treasurer)
expect the FSF to add more people
Richard Stallman Confirms Next Week's Talk at Technical University of Munich, We Urge EPO Staff to Attend
That's probably late enough for EPO staff to attend after work
Gemini Links 18/10/2025: Notifications and Geminaut
Links for the day
Many Red Hat People Are Leaving, But It'll Be Framed Publicly as Leaving IBM
Similarly, IBM layoffs (or "RAs" as they're called) include Red Hat layoffs
Expect More Waves of Microsoft Layoffs This Month (at Least Two Rounds Confirmed Already)
From what we can gather, assuming the recent rumours about XBox are true, there will be at least 3 waves of Microsoft layoffs this month alone
Security Issues in Cisco and Jenkins Passed Off as "Linux" Problems
Fear, Uncertainty, Doubt (FUD) tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 17, 2025
IRC logs for Friday, October 17, 2025