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

09.03.09

Patents Roundup: Patent Propaganda from the BBC, IBM in the Shadows, and Early Mistakes from David Kappos

Posted in Apple, Deception, GNU/Linux, IBM, Microsoft, Patents at 9:49 am by Dr. Roy Schestowitz

Propaganda

Summary: The BBC serves a familiar agenda, Microsoft hype observed, USPTO heads the wrong way, and IBM lurks inside the Linux Foundation

THERE is a lot to go through today because Microsoft is stepping up efforts to spread software patents. We shall start by pointing out that Microsoft’s darling [1, 2, 3, 4], the BBC, is spreading patent propaganda with words like “inventor” and the classic example of a “poor” victim (not the monopolies which actually leverage patents to block small companies).

Yesterday alone, the BBC published not one but two articles that glamourise and encourage stronger patent enforcement and broader scope. The first such article states:

Intellectual property rights are both a good thing and a potential obstacle. Imagine you’ve got a great idea, but part of the idea conflicts with someone’s patent. You can propose a licence, but in a lot of cases it can be very difficult to secure the rights for a long period and at a reasonable rate.

The second article is almost worse because it refers to “stealing” of ideas, which obviously cannot be stolen, by definition. It states:

A major British inventor is calling for a change in the law to strengthen protection against those who try to steal ideas.

The Register (also UK-based) has already highlighted this propaganda from the BBC:

The inventor of the wind-up radio is calling on the UK government to toughen its stance on patent law, by making intellectual property theft a criminal offence.

A reader of ours from the UK states that “Patent law and criminal law are two (IMO) completely different things, as is copyright theft. In respect of the latter, the term theft IMO does not apply since [...] According to Sec(1) Theft Act – “To dishonestly appropriate property belonging to the other with the intention of permanently depriving the other of it.” Since there is no permanent deprivation of “property” (in this case data), there is no theft….IMO [...] the copyright theft act deals with the “sharing” of the work and the deprivation would be loss of income, that’s why the separate offence was created…. the point I was making was Copyright “Theft” is a bad choice of words since theft as outlined in Sec(1) does not IMO apply as per definition….in the case of copyright theft. It is worth noting, that file sharing is what makes the offence complete and the mere act of downloading would (IMO) have a civil remedy not a criminal one if no sharing was taking place although this is all open to argument and interpretation and is merely my interpretation of the criminal side of the copyright laws….”

There is actually a lot more Microsoft advertising in the BBC this week, as is the case most of the time. Maggie Shiels [1, 2] is at it again, advertising Vista 7 and citing other Microsoft shills for corroboration:

Ina Fried of CNET, who has covered Microsoft for over five years, said this issue has, in the past, been something of a hurdle for Microsoft and Intel.

Shiels and Fried make a good pair that seems like Microsoft PR masqueraded as reporters. This is based on a pattern observed long ago — a pattern that endlessly persists. Sarcastically, says one of our British readers, “maybe the clue is in her name, Maggie Shills…..yep, she does. Names aside, yeah it’s pretty blatant again — links to the windows 7 pre sales, like the other Windows 7 slog posts they do. The keywords are a thing too, in pro-Microsoft posts, there’s LOTS of Microsoft keywords, the post is littered with them, which makes them great consumption for the spiders, yet when it’s stories which are negative, Microsoft keywords are hardly mentioned, except at the end of the peice as the knight in silver armour coming in to offer customers advice on how to fix the issue under their terms. It’d be funny if it was a normal slog site. What it does do is make a mockery of the BBC’s claims of “independent high-quality journalism”.”

Speaking of Microsoft hype in the press, there is more sentimental blackmail [1, 2] from this company right now and Apple too is hyping things up (unrelated to this, it has connections with AstroTurf agencies). According to the following review from Ars Technica, Snow Leopard represents a development stagnation at Apple. Here’s the part which says:

Many of these same developers applauded the “150+ new features” in Tiger and the “300 new features” in Leopard at past WWDCs. Now they were applauding zero new features for Snow Leopard? What explains this?

There is even a photo.

Since we mentioned AstroTurfing, worth mentioning is also this update regarding Radian6, which we wrote about the other day.

After being angered by yet another Comcast f**kup that led to me being W.O.I. (With Out Internet) for over nine hours one day last week, I noticed that within the next day, a Comcast “representative” under the pseudonym of “Melissa Mendoza” had commented on the post with links to their “support” email address.

As I’ve written about before, Microsoft and other large companies often use the services of large astroturfing agencies. Microsoft uses one called Visible Technologies and apparently Comcast uses one called Radian6.

Moving on to important patent issues, this report suggests that China’s patent system is imploding, just as people predicted. It was a volcano of lawsuits waiting to erupt.

When France’s Schneider Electric faced a patent battle in a Chinese court recently it had reason to feel confident. It thought it had a solid prior art case for invalidating the patent being used against it by Chinese firm Chint, and foreign companies win 95% of patent cases in the Chinese courts.

As Masnick puts it, “Careful What You Ask For: China’s Patent System Causing Trouble.”

All those foreign nations who kept pushing China to build up its own patent system and learn to “respect intellectual property” may soon be regretting that, as they’re suddenly blocked out of the Chinese market by Chinese firms who fast-tracked cheap utility patents themselves with little to no review. Be careful what you wish for.

The USPTO is not better off, but the approach taken to resolving the issue is totally misguided. A reader from Germany gave us a pointer to this document [PDF} (“fresh from Heise,” as he put it). It is “only [the] interim rules,” he stressed, “but still a good sign. See p. 3, section I.1 Step 1.”

The USPTO is being harshly criticised elsewhere. David Kappos [1, 2, 3, 4, 5, 6, 7, 8] uses the wrong yardstick to measure the success (or lack thereof) of this system and major delays are indicators of too wide a scope for patenting.

The other day we wrote about medical barriers caused by patents and Masnick appears to agree, adding that Kappos is “Suggesting They Want More Patents, Approved Faster.” More patents?

Two separate stories concerning statements from those in charge of the patent system suggest that the new administration isn’t about to help fix the problems in the patent system, but is eagerly looking to make them worse. It starts with new USPTO Director David Kappos, who some thought would recognize problems with the patent system from his years dealing with those problems at IBM. While IBM is a massive patent stockpiler, over the past few years it’s at least indicated some recognition that the system is broken.

[...]

The real problem, which becomes evident in reading the article is that since the USPTO is funded based on patent application fees, it has every incentive in the world, as an institution, to approve more patents. The more patents it approves, the more applications it gets, which means more money as well.

Indeed, this sounds too greed-motivated. The EPO was accused of similar behaviour. To quote Richard Stallman, “Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.”

Tim Lee’s warning against software patents has gotten Masnick’s attention as well (because they know each other). The important points are being stressed again.

In the original piece, Tim also points out how software patents (contrary to the claims of some defenders of the system) unfairly tilt the balance of power to big companies — the ones who can stockpile tons of patents to use as a weapon against infringement suits. It’s the small companies who are left exposed.

It is worth repeating over and over again that experience suggests small companies are mostly victimised by the patent system. IBM’s considerable role in OIN and the Linux Foundation is proof of this because IBM wants software patents and it wants to use them to increase its dominance/control in the area. According to this new exchange of ideas, IBM is partly behind the Linux Foundation’s patent policy.

———- Forwarded message ———-
From: Manny W Schecter <schecter@us.ibm.com>
Date: Thu, Sep 3, 2009 at 12:12 AM
Subject: Re: [priorart-discuss] No more software-patents in the us?
To: OSS and USPTO prior art discussions
<priorart-discuss@lists.linux-foundation.org>

Not exactly. You are citing interim guidelines from the USPTO which
are not binding law by their own admission. The USPTO has invited
public comment on the guidelines, and there will be plenty I’m sure.
The Bilski decision pending before the Supreme Court is what you
should be watching. A decision is expected 1H10.

Manny Schecter

From:
Jan Kechel <jan@kechel.de>
To: OSS and USPTO prior art discussions <priorart-discuss@lists.osdl.org>
Date: 09/02/2009 06:09 PM
Subject: [priorart-discuss] No more software-patents in the us?
Sent by: priorart-discuss-bounces@lists.linux-foundation.org
________________________________

—–BEGIN PGP SIGNED MESSAGE—–
Hash: RIPEMD160

Hi everybody,

I just found a nice article about changes in the USPTO, seems that there
are no more software patents until some other court stuff will be finished:

http://www.uspto.gov/web/offices/pac/dapp/opla/2009-08-25_interim_101_instructions.pdf

(see page 15)

My source (german:)

http://www.heise.de/newsticker/US-Patentamt-vergibt-vorerst-keine-reinen-Softwarepatente-mehr–/meldung/144681

claims that this is based on the following decision:

http://www.cafc.uscourts.gov/opinions/07-1130.pdf

What do you people think about that?

cu,

jan

- –
publictimestamp.org/ptb/PTB-7047 ripemd128 2009-09-02 21:00:05
5DBB1B771C93BD9D613377AD58266747

—–BEGIN PGP SIGNATURE—–
Version: GnuPG v1.4.9 (GNU/Linux)

iEYEAREDAAYFAkqe7J0ACgkQ58nJkn8diosxcgCfW0E24NfvCwMaSZlq40/RXIBc
2xsAniUHZxWyM9/rg5knFSQKyABI0Xl7
=XrKR
—–END PGP SIGNATURE—–

The above shows the involvement of IBM staff. As we have shown before, IBM is part of this problem because it lies when arguing that software patents have been beneficial to Free software [1, 2]. They take away basic rights and then “donate” or sell them back to us. A lot of people are being fooled, but they don’t have to.

“According to Software Magazine, last year we were the 92nd largest software company in the US. My perspective on software patents is simple: stop issuing software patents. Software patents should not exist.” —Jerry Fiddler, Wind River Systems

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. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  2. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line



  3. The US Supreme Court (SCOTUS) Once Again Pours Cold Water on Patent Maximalists

    Any hopes of a rebound or turnaround have just been shattered because a bizarre attack on the appeal process (misusing tribal immunity) fell on deaf ears and software patents definitely don't interest the highest court, which already deemed them invalid half a decade ago



  4. Links 17/4/2019: Qt 5.12.3 Released, Ola Bini Arrested (Political Stunts)

    Links for the day



  5. Links 16/4/2019: CentOS Turns 15, Qt Creator 4.9.0 Released

    Links for the day



  6. GNU/Linux is Being Eaten Alive by Large Corporations With Their Agenda

    A sort of corporate takeover, or moneyed interests at the expense of our freedom, can be seen as a 'soft coup' whose eventual outcome would involve all or most servers in 'the cloud' (surveillance with patent tax as part of the rental fees) and almost no laptops/desktops which aren't remotely controlled (and limit what's run on them, using something like UEFI 'secure boot')



  7. Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF

    Restrictions on speech are said to have been spread and reached some of the most liberal circles, according to a credible veteran who opposes illiberal censorship



  8. Corporate Media Will Never Cover the EPO's Violations of the Law With Respect to Patent Scope

    The greed-driven gold rush for patents has resulted in a large pool of European Patents that have no legitimacy and are nowadays associated with low legal certainty; the media isn't interested in covering such a monumental disaster that poses a threat to the whole of Europe



  9. A Linux Foundation Run by People Who Reject Linux is Like a Children's Charity Whose Management Dislikes Children

    We remain concerned about the lack of commitment that the Linux Foundation has for Linux; much of the Linux Foundation's Board, for example, comes from hostile companies



  10. Links 15/4/2019: Linux 5.1 RC5 and SolydXK Reviewed

    Links for the day



  11. Links 14/4/2019: Blender 2.80 Release Plan and Ducktype 1.0

    Links for the day



  12. 'Poor' (Multi-Millionaire) Novell CEO, Who Colluded With Steve Ballmer Against GNU/Linux, is Trying to Censor Techrights

    Novell’s last CEO, a former IBMer who just like IBM decided to leverage software patents against the competition (threatening loads of companies using "platoons of patent lawyers"), has decided that siccing lawyers at us would be a good idea



  13. Guest Post: The Linux Foundation (LF) is “Putting the CON in Conference!” (Part 2)

    Calls for papers (CfP) and who gets to assess what's presented or what's not presented is a lesser-explored aspect, especially in this age when large corporate sponsors get to indirectly run entire 'community' events



  14. Patent Maximalists Are Enabling Injustices and Frauds

    It's time to come to grips with the simple fact that extreme patent lenience causes society to suffer and is mostly beneficial to bad actors; for the patent profession to maintain a level of credibility and legitimacy it must reject the deplorable, condemnable zealots



  15. Further Decreasing Focus on Software Patents in the United States as They Barely Exist in Valid Form Anymore

    No headway made after almost 4 months of Iancu-led stunts; software patents remain largely dead and buried, so we’re moving on to other topics



  16. Links 13/4/2019: Wine 4.6 and Emacs 26.2 Released

    Links for the day



  17. Links 12/4/2019: Mesa 19.0.2, Rust 1.34.0 and Flatpak 1.3.2 Released

    Links for the day



  18. Caricature: EPO Standing Tall

    A reader's response to the EPO's tall claims and fluff from yesterday



  19. The EPO is Slipping Out of Control Again and It's Another Battistelli-Like Mess With Disregard for the Rule of Law and Patent Scope

    The banker in chief is just 'printing' or 'minting' lots and lots of patents, even clearly bogus ones that lack substance to back their perceived value



  20. Global Finance Magazine Spreads Lies About the Unitary Patent and German Constitutional Court

    Alluding to the concept of a "unified European patent," some site connected to Class Editori S.p.A. and based in Manhattan/New York City tells obvious lies about the Unified Patent Court (UPC), possibly in an effort to sway outcomes and twist people's expectations



  21. New Building as Perfect Metaphor for the EPO Under the Frenchmen Battistelli and Campinos

    The EPO is in "propaganda mode" only 9 months after the latest French President took Office; the Office is seen as dishonest, even under the new leadership, which routinely lies to the public and to its own staff



  22. Links 11/4/2019: Twisted 19.2.0 Released, Assange Arrested

    Links for the day



  23. EPO Still Wasting Budget, Paying Media and Academics for Spin

    EPO money continues to flow like water into hands that are complicit in legitimising the EPO's management and policies; this highlights the grave dangers of lack of oversight at the EPO, not to mention lawlessness or lack of enforcement



  24. Links 10/4/2019: Microsoft's GDPR Trouble, New Fedora 29 Images

    Links for the day



  25. Linux Magazine is Run by Advertisers, Not GNU/Linux (and It's Hardly the Exception)

    Advertising is big money — so big in fact that publications no longer care what’s true but instead focus on what text brings them more income (from advertisers, of course)



  26. Guest Post: The Linux Foundation (LF) is “Putting the CON in Conference!” (Part 1)

    Proprietary software giants with their sponsorships and gifts are more like Trojan horses or parasites striving to infect the host; how can the LF be protected from them?



  27. EPO Benefits European Patent Trolls With Dodgy European Patents

    The EPO is a stepping stone for parasitic entities looking to leverage patents for exploitative extortion rackets all over Europe; if they get their way, companies that manufacture and sell things will pay a hefty tax to those who create nothing at all and are often not European, either



  28. The Myth of Quality of European Patents

    Mythology associated with superior quality of European Patents is an antiquated notion (it used to be true a long time ago) and this, along with other factors (such as disrespect for judges), is why the Unified Patent Court (UPC) is almost certainly doomed for good



  29. António Campinos is Already Paying a Lot of Money to Craft an Alternate Reality at the European Patent Office

    The difference between Battistelli and António Campinos is rapidly blurring; the communication style is largely the same and the lies too are consistent



  30. Links 9/4/2019: CRI-O/CNCF and Lutris 0.5.2 Released

    Links for the day


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