Bonum Certa Men Certa

Microsoft Abuse with Software Patents Carries on

European flags at Europe's parliament



Summary: The latest analyses and moves from Microsoft, which increasingly relies on software patents in its eternal battle against Free software

CARLO Piana, who represents Samba on a legal basis in Europe [1, 2], has just published this long post which explains how Microsoft continues to use software patents and other nefarious means to suppress adoption of Free software. This is particularly important right now because Microsoft has an opportunity to do to the Commission what it did to the US Department of Justice, namely putting its friends in charge (Charlie McCreevy may leave, but the FFII shows that a likely replacement is also a supporter of software patents).

The point is that the current Commission is going to step down in a few weeks, and Commissioner Kroes – who has an incredibly good track record on the Microsoft case – might feel the urgency to close everything behind her, leaving the office empty and her case teams without a case. But at which conditions?

[...]

The single biggest issue is patents. The current WSPP agreement does not contain any meaningful provision or license or promise or non-assertion pledge or anything that is useful to Free Software projects. Without that clearance, once everything is over, who is going to stop the patents to be asserted or, worse, merely threatened (call it FUD, patent rattling, whatever)? Microsoft has been very clear to reserve this right. If it is home free with a broad undertaking, there will not be any real pressure against the assertion of the patents, apart the reaction of some friendlier companies and of the OIN. We have seen just a small preview with the TomTom case.

[...]

And the future will bring Silverlight. And the future will bring OOXML mandated by public authorities as if it was an open standard. And by the way, I am still awaiting the first attempted implementation of ISO/IEC IS 29500 (what the standard is called) because Microsoft Office's file format is not even close to be that, and it is not even ECMA 376. It is a proprietary, undisclosed file format. To add insult to the damage, I start hearing that even those corrections that were hurried in during the Ballot Resolution Meeting to pass the standard like a square pin into a round hole are now rolled back very quietly in JTC1 SC34 – hijacked by Microsoft – because of lack of interoperability with MS Office. Which incidentally confirms my assessment that the implementation is the standard and the standard is the implementation. The process we underwent to approve or disapprove an international standard was merely a sham.


The Commission falsely promised that it would investigate this, but the complexity of such an investigation (requiring a lot of travel all around the world) is the reason it backed off, leaving Microsoft unpunished for criminal activity such as blackmail and bribery.

We recently showed that Microsoft had attempted to have GNU/Linux vendors sued by patent trolls [1, 2, 3, 4, 5, 6]. That was the allegation made by Red Hat and others, including the OIN, which is now releasing details of the patents in question (there are about 20 software patents in total, so this list is not complete). It's exclusive to The H (London-based apparently) -- part of Heise, which is in Germany where software patents are not valid anyway.

What was in this lot of 22 patents that would specifically worry the Linux community? The OIN supplied The H with a list of the patents:

* Encoding a URL into the playback of a media file (5987509, 6499057, 5774666, 6963906) * Broadcasting video over distributed networks (6005600, 6792468, 7448062) * Launching a browser and sending it to a URL by clicking an icon (5737560, 5877767, 6072491, 7032185) * Launching applications through a movie (5745713) * Colour space conversions (5946113, 6147772) * Web page annotations (6081829, 6571295) * Web publishing hypertext (5890170) * Web publishing and editing with templates (6026433) * A Method for painting on a computer (5182548) * Virtual Address Translation (6205531) * Dynamically generating graphics for the web on the server (6098092) * Dynamic information clipping service (5649186)


Going back to Samba in Europe, there is absolutely no reason to assume that Microsoft will accept an exclusion of software patents. According to this post, Microsoft may still be working on it. [the emphasis in red is ours]

Basically, the IM mob are desperately trying to con unions into doing their dirty work by pushing out propaganda on intellectual monopolies. I just love the line "The RIAA (Recording Industry Association of America) and IIPA (International Intellectual Property Association) were both very enthusiastic about this proposal": you bet they are. Their own ham-fisted efforts have backfired so spectacularly that they are desperate for someone else not tainted by their inept approach of punishing consumers to try.

The following is also significant:
The discussion on future work mostly focus on climate change. General Electric and Microsoft were particularly outspoken in highlighting their fear that some current negotiations over green technology and IPR would weaken IPR. They also denounced the inclusion of proposals that limit patentable subject matter and recommend compulsory licenses or licenses of rights.
As well as Microsoft's usual bleating about not being allowed to patent software in some jurisdictions, it's interesting to note that both it and General Electric seem to rate the preservation of intellectual monopolies rather higher than the preservation of our planet. Pure evil.


MS and GE are both in MSNBC delivering their own angle on the news and they also cooperate on legalising software patents in Europe, never mind their realisation that the patent system is inherently broken (GE complains about patent trolls, whereas Microsoft deals with embargo threats due to the i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]). Here are some more thoughts about i4i and patents:

Canadian Law Professors Insist Banning The Sale Of Word Is Good For Society & Innovation



[...]

Again, beyond common sense, the historical evidence suggests that these law professors are simply wrong. Countries with no or weak patent protection have seen tremendous innovation over time. And it's because it's competition that's the mother of innovation, not a lack of competition.


In other interesting news, the arguably-unconstitutional ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] is now being criticised even by the UK-IPO, which is surprising. But it's not ACTA itself which gets the criticism; it's the secrecy. Glyn Moody writes:

Cracks in the ACTA Wall of Secrecy



[...]

Hitherto, there's been no suggestion of any dissension within the ACTA ranks; so this comment in a blog post from Jamie Love about a lunch meeting of civil society NGOs held by the UK's Intellectual Property Office during the WIPO meeting is intriguing:
The UK IP office said it had complained frequently of the secrecy of the ACTA negotiations.
Perhaps if we can get a few more of the insiders moaning about this unnecessary lack of transparency, things will finally start moving.


As pointed out a few months ago, Facebook is flirting with Microsoft's patent troll, Nathan Myhrvold. Now that Facebook is sued for patent infringement (yes, again), one might wonder if Facebook wants the patent troll to act as a shield or an arsenal for counter lawsuits that annul (settle) the originals. It's only speculation.

Facebook has been sued by a software company in Baltimore that claims the social-networking site is violating a two-year-old patent.


 

WhoGlue Inc., a Canton company with fewer than five employees, filed the lawsuit Monday in the U.S. District Court for Delaware, where Facebook is incorporated.

[...]

It's unclear whether the patent infringement case that WhoGlue is trying to make against Facebook can be applied to a host of similar social networking sites that use similar technologies for helping their users manage online interactions.


The company which is suing at least has a product, so it is not a patent troll.

Recent Techrights' Posts

Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
 
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024
Russia develops an alternative to Android and iOS | News.az
Russia already has several of its own operating systems
Links 14/08/2024: Ecology and War Inside Russia
Links for the day
Daniel Pocock - Use of Technology in European Parliament Election Campaign (Public Talk)
It starts in 4 hours
Android About to Fly Past Windows in Portugal
Perhaps by month's end or next month Portugal will be orange (Android majority)
How OpenAI Will Decrease the Losses
You have no losses when you have no users left
Giving Control to Microsoft is Always a Dire, Huge Mistake
Microsoft is known for buying things and sabotaging things, not for creating things
Founders That Sell Their Company to Microsoft Speak Out
"Microsoft's closure of Arkane Austin in May was one of the more shocking events of the past couple of years"
In Chile, Microsoft's Web Browser (a Chrome Copycat) Fell to 3.6%, About the Same as Firefox and Opera and Less Than Safari, Yandex Browser, Google Chrome
It does not look like Chileans fancy Microsoft's browser. They go out of their way to use something else, even on Windows.
Software Freedom in Perspective - Part 4 - Daniel on Linux-based Mobile Platforms in LATAM (Latin America)
GNU, Linux, and mobile
Almost Nothing of Invidious Left Online (YouTube is Attacking Gateways)
what it looks like at this very moment
Gemini Links 14/08/2024: Funeral for an E-reader and a Mother Wants a Laptop
Links for the day
Links 14/08/2024: 8 Years of GDPR and Ridicule of "Hey Hi" (AI) Hype
Links for the day
This is How You Give Microsoft More Control Over LibreOffice Both as Software and as a Project
Didn't the Document Foundation learn from prior Microsoft Store scandals connected to LibreOffice?
"Heroes of Fedora" Are Just Salaried Employees of IBM (But "Community" is Just Sounding a Lot Nicer)
A real community would not allow IBM a majority
YouTube Has Thrown Free Software Users Into a Crisis
For many Free software users, who rely on Invidious, YouTube is nearly dead already
[Meme] "New Chapter in the FSF."
We expect to have some coverage from this week's event
There is No I in "GAFAM" and Soon There Won't be I At All (Like Novell Vanished, Not Overnight, as It Took Over a Decade)
Intel is going through the biggest crisis in its entire history
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 13, 2024
IRC logs for Tuesday, August 13, 2024
It's a "sm0l" World and It Won't Outsource to the Pentagon Anymore
As many people aren't interested in a new PC - or simply cannot afford one - we can expect leaner operating systems to gain further
Software Freedom in Perspective - Part 3 - GNU/Linux in Argentinian Desktops/Laptops
Daniel explains why many years ago many PCs shipped with GNU/Linux and that there was an economic reason for it. At least in Argentina.
Tivoisation and Decommodification in Clown Computing
Some firms or organisations lost sight of what "servers" or "hosting" even mean
The News Vacuum
The problem is worse than just an absence of reporting
x86 Lowered the Standards of Hardware Products
A lot of it is just hacks and cheats that help fake performance