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

11.30.09

Patents Roundup: Threat of Software Patents in Mexico, Sweden; Microsoft Still Fights with (and for) Software Patents

Posted in Bill Gates, Europe, Law, Microsoft, Novell, Patents at 8:52 am by Dr. Roy Schestowitz

Mexican flag

Summary: A collection of news reports and important observations about patent legislation that affects Free software

WITH patents on stage performance (Michael Jackson), it is clear that the USPTO has gone too far. But it wants to go further. FFII’s president says that “Software Patents legislation [is] in preparation in Mexico.” NAFTA, anyone? Let’s remember that Novell’s Miguel de Icaza and his probable idol Bill Gates lobbied for OOXML in Mexico.

Separately, the FFII warns that the Lisbon Treaty [1, 2, 3, 4] which Microsoft lobbies for may be related to ACTA, which is another cornerstone in globalisation that marginalises the majority. There is this ongoing analysis which is still a draft, just like ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14]. But unlike ACTA, it is actually visible.

On Dec. 1, 2009, the European Union Lisbon Treaty will enter into force. (provisional consolidated text) On this page we present a draft analysis of the EU competence to conclude ACTA and other trade agreements.

Generally speaking, the European Parliament’s role becomes more important, the member states loose some of their veto power.

André Rebentisch has this update about the ACTA’s secrecy.

Let me add that 1st of December Art 15 of the Treaty of the Functioning of the EU is set into force. In my German language “confirmatory application” for an ACTA document access to the European Council I argued recently that this takes effects for the ACTA document access regime as well.

Rebentisch also wrote about Microsoft's patent troll, Intellectual Ventures, which is funded by Bill Gates. Microsoft views patents as the future of software. To quote Nathan Myhrvold, “Intellectual property is the next software.”

Microsoft has just patented viral gaming.

The concepts are all based around the current party system, with the most basic simply allowing invited friends to invite their own friends, whether they are known to the original party creator or not.

User-created games are also being patented by Microsoft, as few news sites reveal. Insane software patents know no boundaries.

The authoring features allow users to capture screenshots and video clips, and to use a digital pencil to mark them. It also may allow for audio commentary and tags, and developers can submit their own guides that will take precedence over user-created guides.

Here is the latest about the Alcatel-Lucent case [1, 2, 3]:

A federal appeals court on Monday rejected Microsoft Corp’s (MSFT.O) request that it reconsider the way patents are upheld in court cases, as the software maker continues its long legal battle with French telecoms equipment company Alcatel-Lucent (ALUA.PA).

Microsoft, which infringed an Alcatel-Lucent patent, according to a lower court jury last year, asked the appeals court to hear its argument that a patent could be held invalid if evidence is presented in a court case that was not available at the time the patent was granted.

As the i4i case taught [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11], Microsoft does not respect other people’s patents. Here is a new update on this case (there are many ongoing cases):

Microsoft’s Struggle With i4i Sheds Light On Software Patent Process

[...]

Microsoft’s recent trials and tribulations with its Word software patent illustrates the difficulty in granting — and defending — software patents. This fall, Microsoft was briefly barred from selling Word because of a dispute over XML code that i4i claimed infringed on one of the Toronto, Ontario-based company’s patents. That trial is ongoing. While some observers questioned why Microsoft didn’t resolve the dispute early on, others are interested to see how the dispute will play out and how patent rights will be determined.

[...]

The Bilski case could provide the Supreme Court with an opportunity to resolve the ongoing debate over the wisdom of having software patents in the first place. At issue is whether a “process” must be tied to a particular machine or apparatus or transform a particular condition into a different state to be considered as patent-eligible subject matter.

The above speaks of some difficulties associated with software patents enforcement. With Bilski still at the centre of debate, it is bound to get worse. Here is a photo of Mr. Bilski, attached to a new report from the FSF’s executive director, Peter Brown.

The Supreme Court recently heard oral arguments in a case that could give the free software community (and software developers everywhere) a huge win in the fight against software patents. Free Software Foundation executive director Peter Brown was on the scene, and reflects on the Bilski case, the oral arguments, and the desperate need for change.

Our reader amd-linux has also informed us of this landmark decision of the British High Court regarding software patents (it’s in German).

Fish & Richardson, whom Patent Troll Tracker wrote about a lot [1, 2, 3, 4, 5, 6], will be cashing in again thanks to frivolous patent lawsuits.

This week: DeepNines collected $25 million when it won an infringement suit against anti-virus software giant McAfee Inc. in the Eastern District of Texas two years ago. But after paying off its Fish & Richardson lawyers and outside investors at Altitude Capital Partners, the small network-security company wound up with less than $800,000 of the $25 million. And now DeepNines is being sued by Altitude, which wants millions more than it’s already gotten. A revealing look at how a leading player in the lawsuit-investment trade does business.

More announcements and news about patents ought to reveal that there are no jackpots here, unless one is a lawyer.

Recently, a jury in a patent infringement case found for the plaintiff, deciding that all three patents-in-suit were “valid” (actually, “not invalid”) and infringed. A happy plaintiff, right? Wrong! The very next day, the Patent Office Board of Patent Appeals and Interferences (the B.P.A.I.) ruled that the defendant was actually the first to invent the subject matter of the patents and that rights to these inventions, therefore, belonged not to the plaintiff, but to the defendant.

So why did the patent office attribute these “inventions” to the wrong party in the first place? What a failure.

Last but not least, FFII’s president warns that the “Swedish Presidency conference [is] about UPLS and software patents via the caselaw of a central patent court next 15 and 16 Dec…”

He also alerts his peers about a piece promoting software patents and, needless to say, it is a self-serving placement.

Since the 1960s I have been a strong advocate of the patenting of inventions implemented in software and in 1968 I received the first US patent for an inventive way of sorting data on a digital computer[1].

A man with software patents is defending software patent? No way! How about an impartial point of view from Patently-O? Vested interests invalidate a point of view, as we last explained a week and a half ago.

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. Links 5/12/2016: SparkyLinux 4.5 Released, Kondik Exits Cyanogen (Destroyed After Microsoft Deal)

    Links for the day



  2. Software Patents Continue Their Invalidation Process, But Patent Law Firms Try to Deny This in Order to Attract Misinformed (or Poorly-Informed) Clients

    A roundup of news about software patents and demonstration of the sheer bias in the media, which is mostly controlled or steered by the patent microcosm rather than actual inventors



  3. Patent Trolls of Microsoft and Ericsson Are Trying to Tax Everything, Especially Linux Devices

    An update on Intellectual Ventures and Unwired Planet, whose operations pose a growing problem for Free software and Linux-based products (e.g. Android)



  4. Asia's Patent Litigation Chaos Getting Worse, Reaching Countries in the West, and Sites Like IAM Actively Promote This

    The race to the bottom (of patent quality) in China, the growth of patent trolls in the region, and the ruinous litigation strategy which now spills over even to the US -- through the Eastern District of Texas -- and may inevitably come to Europe (especially if the UPC ever becomes a reality)



  5. More French Politicians Are Complaining That Benoît Battistelli is a Disgrace to France and Urge for Action

    The backlash against Battistelli spills well outside the EPO and is now apparent even at the French National Assembly



  6. Links 3/12/2016: Mageia 5.1 Released, Mozilla Revenue at $421.3M

    Links for the day



  7. Canadian Intellectual Property Office (CIPO) Sees Decline in Patent Applications and It May Actually be a Good Thing

    Challenging the false belief that the more patents society has the better off it will be, citing examples and news from north America



  8. Blockchain Domain Infested With Software Patents, MasterCard Among the Culprits

    Worrying signs that an area of Free/Open Source software innovation is getting impacted by the plague of software patents



  9. Dutch Media Covers Latest EPO Scandals, German Media Totally Absent (a Media Blackout of Convenience)

    Our observations regarding the apparent media disinterest in EPO scandals, especially at the very core of the EPO (principal host country)



  10. Relocating the Boards of Appeal to Haar is a Poisonous Priority at Battistelli's EPO

    Revisiting Battistelli's effort to chop off the appeal boards that are necessary for ensuring patent quality at the EPO



  11. Links 2/12/2016: Mint Betas, Chrome 55, KDevelop 5.0.3, PHP 7.1.0

    Links for the day



  12. The Rule of Law and Justice Don't Exist Inside the EPO, Confirms the International Labour Organisation (ILO)

    Further analysis of the latest rulings from the ILO -- decisions that were long expected



  13. A Day in the Life of... Battistelli's Banana Republic

    This is part 5 of a fictional diary from the EPO



  14. Links 1/12/2016: Devuan Beta, R3 Liberates Code

    Links for the day



  15. Two ILO Decisions on EPO Cases Are Released, at Least One Judgment is Considered Good for Staff

    Years later (as justice is too slow, partly because of the EPO, being the principal culprit that clogs up the ILO's tribunal system) there is a couple of new judgments about EPO abuses against staff



  16. Dutch and French Politicians Complain About the European Patent Office, British Media Coverage Regular Now

    Pressure from the political systems, the scientific community and from the media is growing, as it becomes abundantly apparent that the EPO cannot go on like this



  17. Links 30/11/2016: Git 2.11, GOG Surprise Tomorrow

    Links for the day



  18. The UPC Scam Part IV: Bumps Along the Road for UPC, With or Without the UK and Brexit

    A sobering reality check regarding the UPC, no matter what Lucy Neville-Rolfe says under pressure from Battistelli and some selfish law firms that are based in London



  19. The UPC Scam Part III: The “Patent Mafia”

    Bigwigs like Lucy Neville-Rolfe and Benoît Battistelli, together with Team UPC and its tiny minority interests (self enrichment), are conspiring to hijack the laws of Europe, doing so across many national borders with unique and locally-steered patent policy in one fell swoop



  20. The UPC Scam Part II: The Patent Echo Chamber at Work, Prematurely Congratulating Itself in Its 'News' Sites





  21. The UPC Scam Part I: EPO-Bribed Media Outlets Lie to Brits (and to Europeans) About the UPC

    An introductory article in a multi-part series about UPC at times of Brexit and Lucy Neville-Rolfe's bizarre sellout to Battistelli



  22. European Public Service Union Asks EPO Administrative Council “to Re-establish the Rule of Law at the European Patent Office”

    The chinchillas of the Administrative Council are assertively asked to tackle the abusive management of the EPO, which gets condemned not only by CERN but also EPSU, which is working with the Dutch government to end lawlessness at the EPO



  23. Links 29/11/2016: Core Apps Hackfest, MuckRock Goes FOSS

    Links for the day



  24. ILOAT Decisions: Upcoming Publication of Two EPO Cases (Abuse Against Staff)

    Reminder about tomorrow's "exceptional public delivery" from the International Labour Organisation (ILO) and a request for additional information



  25. Mixing Politics and EPO: How Battistelli Defies the Very Basic Rules of the Office

    A reminder of the fact that Battistelli was entrenched in French politics even while he was serving at the EPO



  26. EPO DG1 Principal Director “Out of the Muppet Show”

    The ridicule of EPO management is a symptom of a poisonous work environment which now resembles an assembly line of bad patents, where employees are treated unfairly, severely, and in clear defiance of labour laws



  27. Learning From the Mistakes of the US Patent System (and More Latterly China) When Assessing Patent Maximalism

    The warning signs coming both from the East and from the West, demonstrating the pitfalls of a policy too permissive on patents and thus on litigation



  28. The International Labour Organisation Once Again Proves Useless for Labour of the EPO

    The International Labour Organisation (ILO) is once again failing too serve justice, instead just sending complaints elsewhere, in effect into a black hole



  29. CERN Slams the European Patent Office for Abuse of Employees

    The European Organisation for Nuclear Research known as CERN is openly condemning EPO management and the Administrative Council for violation of human/labour rights, not to mention the other abuses that are rampant under Battistelli's notorious regime



  30. Links 28/11/2016: X-Plane 11 Beta, Early Work For C++20, Microsoft Hole in RHEL

    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