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


Patents Roundup: Microsoft Patents Customer-hostile DRM, Refuses to Obey Patent Law; Apple and eBay Sued; Patent Troll Tracker Set Free

Posted in Apple, Courtroom, DRM, Microsoft, Patents at 8:40 am by Dr. Roy Schestowitz

Summary: As the title suggests, this is yet another roundup of patent news of interest

THERE IS a lot of news to go through today, so here is just a gist of developments in the patent world — in particular issues that affect Free software. The Inquirer was one among several sources that noticed Microsoft’s latest patent that harms people’s rights and freedom. It’s about DRM, which Microsoft almost pioneered and certainty welcomed.

SOFTWARE IMPERIALIST Microsoft has been awarded a patent for a distributed DRM system that works over peer-to-peer (P2P) networks.

Patent number 7,594,275 is entitled, “Digital rights management system” and uses encrypted public and private keys as the licensing mechanism.

Encryption is for security, not for prevention of access to one’s own files. But this is what Microsoft not only does here but also strives to have a monopoly on. To their defence comes the familiar anti-GNU/Linux brigadier whom we wrote about here. One person at Linux Today responded to him as follows: “No sorry its not “stealing” please cut the crap.”

Sharing cannot be “stealing” where only copying (duplication) is concerned. DRM can never really prevent “stealing”, unless it acts as a deactivation mechanism that reduces desire for theft, e.g. of a cellular phone. But encryption too has been patented, so Apple and eBay get sued. From Heise:

For some time, Vendor TQP (Telequip Corporation) has been filing lawsuits against various US banks over its patent for changing keys during encrypted data transmissions. Now the list of defendants also includes Apple and eBay. The claim is about the alleged violation of a patent which was applied for in 1992 and granted in 1995. It describes a method in which symmetric keys for a sender and a recipient are created using synchronised pseudo-random number generators and may be changed during transmission.

This is a very fundamental idea in cryptology. How can that be a patent? Patenting this only reduces security and acts as a barrier to those who are trying to make the world a safer place.

Microsoft has perhaps realised that deliberate infringement is acceptable [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] because patent laws do not apply to Microsoft. To Microsoft, annulling the ban on Word was not an interim verdict that’s sufficient; the company goes further and attempts to shoot down the entire monetary penalty.

Microsoft protests $290m Word judgment


A federal judge fundamentally misinterpreted a patent asserted against Microsoft Word, an error that should require a $290m infringement penalty to be overturned, attorneys for the software giant argued Wednesday.


i4i has claimed that Microsoft deliberately set out to destroy its business while publicly proclaiming the two were allies. Microsoft’s inclusion of custom-XML editing in Word from 2003 usurped its own invention and relegated its patented technology from a mainstay in the mass market to a niche player in the pharmaceutical industry, it has said.

In other news, the USPTO is overflowing with patent applications which cannot be processed in a timely fashion and patent lawyers — rather than acknowledge that there is a fundamental issue with scope of patenting — believe that throwing more people at the problem is the way to go, apparently.

The IPKat thinks that making the system more efficient is all very good, but wonders how far this will go in reducing the backlog.

Over at TechDirt, a warning gets sounded regarding these attempts to popularise the changing of hands on patents, which only elevates patent trolls like Microsoft's Nathan Myhrvold.

The auction will be run by Pluritas, a patent broker based in San Francisco. Robert Aronoff, its managing director, says Zoltar has strong, court-tested patents that apply to a huge industry, at a time when there is an increasingly brisk market for intellectual property. “They are entering into this vastly changed marketplace with a hot property,” he said.

If such auctions become the norm, then patents become ownership of opportunistic lawyers rather than actual inventors with morals. Who is this system really for then?

Some days ago we wrote about Patent Troll Tracker, who has been fighting this rotten system and put at stake his career in the process [1, 2, 3, 4, 5, 6, 7]. The good news is that the case is now settled.

None of the lawyers involved in the case would comment on the settlement Monday. Cisco issued a statement Tuesday morning in which it said the dispute between the parties “has been resolved to their mutual satisfaction, and Rick Frenkel and Cisco apologize for the statements of Rick Frenkel on the Troll Tracker blog regarding Eric M. Albritton.” Frenkel is now of counsel at the Silicon Valley law firm Wilson Sonsini Goodrich & Rosati.

Sadly, as TechDirt puts it, even with Rick Frenkel set free, Patent Troll Tracker is unlikely to ever come back.

The real question is whether or not this means Frenkel will start blogging again. Some of his statements in the past (and having to go through this entire ridiculous process) suggest that he may not blog again. However, I’m hopeful that he’ll get back to it, though obviously not anonymously any more. His work in highlighting some of the more nefarious actions of patent system abusers is still sorely missed.

Will someone succeed Frenkel’s work? Let’s hope so.

Patent Troll Tracker - Rick

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. A Linux World: After Billions of Dollars in Losses Microsoft Changes How It Reports Financial Results

    The abusive monopolist is trying very hard to hide its growing difficulties, especially in an effort to bamboozle non-technical shareholders who cannot understand how Linux has essentially taken over

  2. Microsoft Continues to Extort Linux and Android OEMs Using Software Patents, This Time ASUS (Forced to Pre-Install Microsoft Spyware With OOXML)

    A roundup of news illustrating that Microsoft is still very much in a total war against Android, (mis)using federal regulators and even software patents to get its way

  3. Links 4/10/2015: Linux 4.2.3 , 4.1.10; MPlayer 1.2 released

    Links for the day

  4. Links 2/10/2015: Qubes 3.0, Linux.Wifatch

    Links for the day

  5. Microsoft-Connected Firm Net Applications Used to Mislead About Vista 10 Share and Mock GNU/Linux

    People who are connected to Microsoft (some being former staff) link to a firm that is connected to Microsoft in order to create the illusion that Vista 10 market share grew to 6.63%

  6. Chairman of the Enlarged Board of Appeal (EBoA) and EPO Vice-President of DG3 Suspiciously on Unlimited Sick Leave After Benoît Battistelli's Unprecedented Attacks on Other EBoA Staff

    Rumours suggest that Benoît Battistelli's affairs at the EPO may have something to do with Wim Van der Eijk's longterm absence

  7. Microsoft's Secret Special Relationship With EPO Illustrates Serious Corruption at Microsoft and the EPO

    A big story about the EPO and Microsoft working in a sort of collusion-type setup so as to serve Microsoft's patent agenda, which involves aggression, even against European software that is Free (as in freedom)

  8. Links 1/10/2015: LFS 7.8, Calculate Linux 15 Released

    Links for the day

  9. The 'Microsoft Loves Linux' Baloney is Still Being Floated in the Media While Microsoft Attacks Linux With Patents, New Lawsuits Reported

    Despite Microsoft's continued assault on Linux and on Android (using software patents, which it still discreetly lobbies for), some figures in the media are perpetually peddling the Microsoft-serving lie that 'Microsoft loves Linux'

  10. The Microsoft Botnet Goes Bonkers and ATMs Running Windows Spew Out Cash

    The terrible security (by design) of Microsoft Windows is causing all sorts of very serious and collectively expensive issues

  11. Black Duck Continues to Pile FUD on Free/Libre Software

    Having spent nearly a decade promoting the fear of Free software licensing, Black Duck now does the same regarding Free software security

  12. Links 30/9/2015: New Kernels, Nexus Devices

    Links for the day

  13. Links 28/9/2015: Last News Catchup Before Resumption

    Links for the day

  14. Links 25/9/2015: GNU/Linux in Indian Government, NeoKylin in China

    Links for the day

  15. Süddeutsche Zeitung Explains Imminent Federal Scrutiny Against Battistelli's EPO in Germany

    The German newspaper Süddeutsche Zeitung reveals that actions by the German government may be imminent against the EPO's cliquish management, including its ringleader Benoît Battistelli

  16. EPO Managers, Patent Lawyers, Commissioners and Other Non-Technical Personnel Tackle Democracy, Alter Laws in Bulk and in Secret

    The reckless assault on European democracies and long-established laws across Europe are now lucidly demonstrated when it comes to patents

  17. Europe's Acceptance of and Resistance to Software Patents, Courtesy of Corporate Front Groups and Courtrooms Respectively

    A snapshot of recent developments and upcoming developments in Europe, regarding software patents in particular

  18. German Press Explains EPO Investigation Unit (I.U.), Struggles to Openly Speak to the Secretive EPO

    The secretive Investigation/Investigative Unit (I.U.) of the European Patent Office (EPO) is further studied/explored by a recent article from junge Welt, an old and well-established German newspaper (since 1947)

  19. Links 24/9/2015: GNOME 3.18, Fedora 23 Beta, New Firefox

    Links for the day

  20. Translation Needed of Article About EPO Threats Against SUEPO's Elizabeth Hardon

    A call for translation of an important article that may help shed light on the modus operandi of the Investigation/Investigative Unit of the EPO, which works with Control Risks Group (CRG), the 'British Blackwater'

  21. Media Filled With Spin and Lies Amid Microsoft's Admission of Internal Usage (and Modification) of GNU/Linux

    Further analysis of Microsoft's admission that it uses Linux internally and the media's poorly-researched response to that

  22. EPO Management Justifies Censorship (Even of Journalists) Using Its Vice-President Željko Topić

    The Topić connection to EPO-imposed and universally-induced censorship not just of news sites but also sites which speak about the censorship itself, or dare question the integrity of the EPO's management

  23. Changes at Techrights

    A few short notes on how we are going to re-align the site with disruptive trends, notably patents-related

  24. EPO President Benoît Battistelli Compared to Famous Criminals on European Television

    The Belgian TV network featured a show which was making fun of Battistelli earlier this month

  25. Dutch Politician John Kerstens Says EPO Investigative Unit is Called ‘the Gestapo’

    The infamous Investigation Unit (I.U.), which secretly bullies staff of the EPO with notorious interrogation techniques under virtually no oversight, is described on Dutch radio

  26. The European Patent Office's Autocracy Has Proven the Streisand Effect, Amplifying Its Opposition's Messages

    The management of the European Patent Office (EPO) is still trying to suppress negative messages about managerial failures, violations and abuses, thereby serving to only increase media coverage (newspapers, radio, television) of increasingly well-known and widely-covered scandals

  27. IBM is Again Attacking Free/Libre Open Source Software by Pushing for Patents on Software

    A timely reminder that Big Blue is no true friend of GNU/Linux and other Free software projects, just an opportunist that uses the Linux brand and wants to make the platform a commodity (for servers that run IBM's proprietary software and use IBM-branded hardware)

  28. Windows is Dying, Based on my Conversations With Microsoft Windows Staff

    The arrival of Vista 10 heralds the continuation of a trend that Vista 8 cemented, namely an inevitable demise of Microsoft's common carrier (and formerly cash cow), Windows

  29. Microsoft Claims to Have Built 'Windows' on Top of Linux, But Where is the Source Code (GPL)?

    Microsoft cannot rely on Windows anymore, so it takes GNU/Linux code and puts its own brand on it, without even releasing the changes (as per the GPL's requirements)

  30. Dutch Report: EPO Suicides Possibly Caused by Working Conditions Imposed by EPO's Management

    More press coverage about the terrible situation at the European Patent Office


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