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 31/3/2015: New BlackArch Linux, Mozilla Firefox 37.0

    Links for the day



  2. Links 30/3/2015: Linux 4.0 RC6, OpenELEC 5.0.7

    Links for the day



  3. Techrights Cited by European Politicians in Support of EPO Staff's Causes

    Benoît Battistelli's right-hand man is characterised as suspected of corruption in European Parliament questions



  4. When the EPO Came Under Fire From the Netherlands and Before Systemic Corruption Was Revealed

    Questions that targeted the Dutch Minister of Justice amidst EPO abuses against staff and a shameful failure to enforce a court's decision



  5. Links 29/3/2015: Red Hat's Stock Soars, Kodi 14.2 Released

    Links for the day



  6. Speculations That Microsoft is About to Buy Cyanogen (or at Least Officially Partner) to Attack Google's Android/Linux, Replacing Everything With Microsoft

    Articles in the corporate media and some analysis from smaller media sites serve to highlight the role which Microsoft plays in Cyanogen



  7. Links 28/3/2015: FoundationDB FOSS Shut Down by Apple, European Commission Support for Free Software

    Links for the day



  8. Microsoft Keeps Pretending to be 'Open Source', Despite Relentless Assaults on Open Source

    Microsoft's charm offensives against Free/libre software are proving to be rather effective, despite them involving a gross distortion of facts and exploitation of corruptible elements in the corporate media



  9. Željko Topić and Ivan Šimonović, Two Residues of Ivo Sanader's Corrupt Regime, Seen as Indirectly Connected

    Further exploration of the remnants of Sanader's highly notorious record and those whom he had brought to power before he landed in jail



  10. Links 27/3/2015: Ubuntu 15.04 Second Beta, Dart 1.9

    Links for the day



  11. The EPO's Dutch Scandal Leaves Battistelli and His Cronies on the Run

    EPO management is making concessions and issues statements which admit defeat, allowing the staff union to continue its activities



  12. Microsoft Won't Let People Wipe (Off) Windows But Happily Wipes Android, Wipes Android Apps Through Cyanogen and Blackmailed 'Partners'

    Microsoft's obscene double-standards leave Android and Linux between a rock and a hard place



  13. Links 26/3/2015: GNOME 3.16 Officially Released

    Links for the day



  14. Links 25/3/2015: India Moving to Free Software

    Links for the day



  15. Another Reason to Boycott UEFI: Back Doors or Crackers

    UEFI makes computers more prone to infections, according to some security experts



  16. The EPO's Administrative Council is Under Increased Pressure to Rein in and to Finally Stop Benoît Battistelli

    The EPO's Administrative Council (AC) is about to have a meeting, so the Member States' delegations are urged to call for action



  17. IRC Proceedings: February 22nd - March 21st, 2015

    Many IRC logs



  18. The Latest Microsoft Attacks on GNU/Linux and Free/Libre Software

    Microsoft is still hiding behind the façade of 'love' whilst actively attacking GNU/Linux and Free software from many directions



  19. Attempts to Disrupt Android by Pushing Microsoft Software Into It (Using Patent Blackmail and Cyanogen)

    Microsoft's Android coup d'état is succeeding owing to public apathy and poor comprehension of what Microsoft really is up to, partly due to media misdirection



  20. Links 24/3/2015: WebKitGTK+ 2.8.0, Black Lab Linux 6.5

    Links for the day



  21. Concerns Over Željko Topić's Alleged Powerful Links in Croatian Diplomacy

    Rikard Frgačić explains the powerful connections acquired though Ivan Šimonović, who is himself connected to EPO Vice-President Željko Topić



  22. Benoît Battistelli's EPO Comes Under Fire From Prominent Figures Who Are Key EPO Stakeholders, Expect Battistelli to Resign 'in the Longer Term'

    The ‘reign of terror’ which is primarily attributed to Battistelli and his cronies may be about to end; the Luxembourg parliament approves the Unified Patent Court



  23. Benoît Battistelli's EPO is Under Attack From French Politicians Yet Again

    More EPO interventions -- this time from France -- target Benoît Battistelli over his abuses and take it up to Eurocrats for political actions



  24. Bribes and Extortion Help Turn Android (Linux-powered) Into 'Microsoft Android'

    A strategy involving harassment and bribes drives large Android players into Microsoft's arms (PRISM and lock-in), much to Google's (and users') detriment and beyond regulators' range of visibility



  25. Microsoft-connected Black Duck Software Created by Microsoft Marketing Man as an Anti-GPL Operation, Admits the Management

    Black Duck "was founded [on] the idea ... to keep GPL-licensed code out of corporate codebases entirely," according to a new report



  26. Links 23/3/2015: Linux 4.0 RC5, Kubuntu Celebrates Ten Years

    Links for the day



  27. Microsoft Admits Lying (or Deceiving) About the Cost of Vista 10

    After much hype in the press about Windows being 'free' it turns out that Microsoft just lied yet again, leaving that lingering perception that Windows is as inexpensive as GNU/Linux



  28. Politics of Blackmail at the EPO

    Comments serve to highlight the role of bribes (or contrariwise blackmail), as allegedly exercised by the current management of the European Patent Office



  29. Benoît Battistelli's EPO Comes Under Attack From the British

    A British MEP criticises Battistelli and the management of the European Patent Office (EPO) while Baroness Lucy Neville-Rolfe, UK Minister for Intellectual Property, gets closer to Battistelli in a tactless effort to improve relations



  30. The Royal Norwegian Department of Labour on the Right of European Patent Office (EPO) Workers to Strike

    The role of bureaucrats from Norway in defending (or not) the rights of EPO workers -- rights that the EPO's management is actively trying to deny and punish for


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