12.09.09

Gemini version available ♊︎

Patents Roundup: Copyrighted SQL Queries, Microsoft Alliance with Company That Attacks F/OSS with Software Patents, Peer-to-Patent in Australia

Posted in America, Apple, Australia, Bill Gates, Database, Europe, Intellectual Monopoly, Law, Microsoft, Mono, Novell, OpenDocument, Patents, Standard, SUN at 6:03 am by Dr. Roy Schestowitz

Books

Summary: Vigilant eye on laws that restrict or ban Free software, with new examples ranging from Microsoft to similar companies

THIS latest roundup actually begins with a weird new example where copyrights — not patents — are used by someone to ‘own’ SQL queries.

Can someone copyright a SQL query?

[...]

So back to the subject’s question: Can he really copyright this query? And if so, is modifying it ourselves a copyright violation? In my mind, a single query isn’t program code. It’s more a command line command. But I don’t know what it’s considered legally.

Need programmers now check every SQL query of theirs and ensure it does not infringe on copyrights? This is insane. What’s even more insane is a subject that was brought up before — that some companies are creating intellectual monopolies on methods vital to saving the planet. These are now being fast-tracked.

The US Patent and Trademark Office said Monday that it’s launching a test program that will greatly speed the review of “green” technology patents.

The new fast-track pilot program is expected to shave a full year off the patent review process, which takes an average of 40 months to reach a final decision, according to the USPTO.

It is suicidal to use patents to limit the use of such methods. It shows that the patent system prioritises profit — not betterment — of the industry.

Looking at some proprietary software giants, Apple is looking to reverse a decision regarding a patent (in Eastern Texas of course).

Apple has been told to pay OPTi $21.7m in damages after an Eastern Texas Court issued a final judgment in the firm’s long-running patent infringement case.

But reports this morning suggest the Mac maker’s next move will be sending an appeal to the ruling, rather than a cheque.

Microsoft is meanwhile getting together with a company that attacked Free software using software patents. That would be NetApp. It may have put ZFS in a life-threatening position.

Microsoft and NetApp have struck a 3-year strategic alliance centred on virtualised server environments and technology integration.

President of the FFII is unhappy about Peer-to-Patent’s extension into Australia because it only helps legitimise software patents as a whole. Pointing to this new report about threats to the European patent system [1, 2, 3, 4], he argues that “Bifurcation of infringement and validity will be a disaster, as it is completely one-sided in favour of patentees.” He also adds that “Mono Hackers [are] coming to HSB for FOSDEM, should bring some Microsoft software patents covering Mono?” We wrote about this before.

Those who are not paying attention to what Microsoft is doing in Europe do so at their own peril. We have already shown how Microsoft pressure groups CompTIA, BSA, and ACT were lobbying for software patents in Europe’s interoperability framework [1, 2, 3]. The FSFE is now highlighting their role in the successful perversion of EIFv2 (European Interoperability Framework version 2) and concludes as follows:

Based on the above analysis, we can only conclude that the European Commission is giving strong preference to the viewpoint of a single lobby group. Regarding interoperability and open standards, key places of the consultation document were modified to comply with the demands of the BSA. Input given by other groups was not considered on this issue. Beyond ignoring this input, the Commission has apparently decided to ignore the success of the first version of the EIF, and to abandon its efforts towards actually achieving interoperability in eGovernment services.

OSOR has written about this too. We previously wrote about EIFv2 in:

  1. European Interoperability Framework (EIF) Corrupted by Microsoft et al, Its Lobbyists
  2. Orwellian EIF, Fake Open Source, and Security Implications
  3. No Sense of Shame Left at Microsoft
  4. Lobbying Leads to Protest — the FFII and the FSFE Rise in Opposition to Subverted EIF
  5. IBM and Open Forum Europe Address European Interoperability Framework (EIF) Fiasco
  6. EIF Scrutinised, ODF Evolves, and Microsoft’s OOXML “Lies” Lead to Backlash from Danish Standards Committee
  7. Complaints About Perverted EIF Continue to Pile Up
  8. More Complaints About EIFv2 Abuse and Free Software FUD from General Electric (GE)

The ODF Alliance has just published a post which shows that the US administration wants “Open Formats”, but it is only a matter of time before Microsoft lobbyists redefine “open” in the United States too and then pressure the government to use proprietary formats instead. Microsoft’s top lobbyist [1, 2, 3], Bill Gates, is even making phonecalls to politicians to achieve such goals.

The Obama Administration’s Open Government Directive was unveiled today. Concerning open formats the key provisions are:

“each agency shall take prompt steps to expand access to information by making it available online in open formats……..To the extent practicable and subject to valid restrictions, agencies should publish information online in an open format that can be retrieved, downloaded, indexed, and searched by commonly used web search applications. An open format is one that is platform independent, machine readable, and made available to the public without restrictions that would impede the re-use of that information……..”

Just give us the data! That’s been the mantra of open-government enthusiasts, developers among them, who have created mashups – web-based tools that make the reams of government data more accessible and, importantly, put this data to effective public use. For example, Stumble Safely, highlighted in a recent New York Times article, links data regarding incidents of crime with popular locations, such as bars, restaurants and transportation hubs to help guide people home safely after a night out.

It seems safe to assume (based on experience) that Microsoft is already leaning on the right people.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

A Single Comment

  1. Needs Sunlight said,

    December 9, 2009 at 1:06 pm

    Gravatar

    I’m sure it can be done one better and not just copyright a particular expression of an SQL statement, but patent a whole category of statements.

    I’ll run out and patent the concept of Left, Right, Inner and Outer Joins. However, I all be Reasonable and Non-Discriminatory and charge 10 EUR per quarter per each occurrence per program plus a run-time fee of 0.50 EUR per invocation. It’s a reasonable fee since its so small and its non-discriminatory since everyone has to pay up.

    While at it, I’ll patent each of the 66 categories of plots and charge per use:
    http://www.ipl.org/div/farq/plotFARQ.html

    Since we can’t know how many times you read that book, and it may be possible to lend out that book, we’ll have to round up and burn all non-DRMed, non-electronic books. Only the drm’d electronic books will be capable of even coming close to proper accounting. For thinking of literature plots, whether for writing or just reminiscing about past readings, until we can do the drm chip in the brain, it’ll have to be the honor system via a flat tax based on each nations literacy rate.

DecorWhat Else is New


  1. Links 9/12/2021: Pgpool-II 4.3.0 and European Commission Releases Free Software

    Links for the day



  2. IRC Proceedings: Wednesday, December 08, 2021

    IRC logs for Wednesday, December 08, 2021



  3. Microsoft Corporation is Still Protecting a Violent Criminal Who Assaults Women (Employing Him as Manager, Protecting Him From Arrest, Paying Him a Salary)

    Ahead of court and amid arrest warrant Microsoft still deems this a good idea? Then again, this same company works for ICE, helping to kidnap babies from their mothers...



  4. Links 8/12/2021: Linux 5.15.7 Out, Linux Mint 20.3 is Near

    Links for the day



  5. Links 8/12/2021: Zorin OS 16 Milestone and Calculate Linux 22 Released; Kubernetes 1.23

    Links for the day



  6. A Call for Sources and Whistleblowers From Microsoft's GitHub

    Remarks on our publications from this morning and a call for more leakers and whistleblowers, who know GitHub better than anybody else (including lots of fools who still outsource all of their hard labour to Microsoft through GitHub)



  7. [Teaser] Rape is Not a Joke

    Having just uploaded a police report, we’re starting to move the ongoing series to the next phase, which will still be — for the most part — weekly installments on Mondays (for months to come)



  8. [Teaser] Meet Microsoft’s Chief Architect of GitHub Copilot, Balabhadra (Alex) Graveley (Updated)

    Alex Graveley, a serial abuser, has been protected by Microsoft; what does that say about Microsoft and about Nat Friedman, GitHub’s CEO whom Alex considers his "best friend"? Stay tuned as we have plenty more to show



  9. IRC Proceedings: Tuesday, December 07, 2021

    IRC logs for Tuesday, December 07, 2021



  10. Links 8/12/2021: FreeBSD 12.3, EasyOS 3.1.13, and WordPress 5.9 Beta 2

    Links for the day



  11. [Meme] EU Assurances

    The EPO‘s staff cannot be blamed for losing patience as elected public representatives completely fail to do their job (with few exceptions)



  12. Clare Daly (GUE/NGL) Does What Every Public Official in Europe Should Have Done About EPO Shenanigans

    There’s another (new) push to hold the EPO accountable, seeing that the overseers clearly do not do their job and instead cover up the abuses



  13. Links 7/12/2021: Firefox 96 Beta and Fedora 37 Abandons ARMv7

    Links for the day



  14. Links 7/12/2021: Plasma Mobile Gear 21.12 and Tails 4.25

    Links for the day



  15. All IRC Logs Now Available as GemText Over Gemini Protocol

    Today we've completed the transition from plain text over gemini:// to GemText over gemini:// for IRC logs



  16. IRC Proceedings: Monday, December 06, 2021

    IRC logs for Monday, December 06, 2021



  17. [Meme] Rowing to the Bottom of the Ocean

    The EPO‘s Steve Rowan (VP1) is failing EPO staff and sort of “firing” workers during times of crisis (not at all a crisis to the EPO’s coffers)



  18. EPO Gradually Reduced to 'Fee Collection Agency' Which Eliminates Its Very Own Staff

    Mr. Redundancies and Mr. Cloud are outsourcing EPO jobs to Microsoft and Serco as if the EPO is an American corporation, providing no comfort to long-serving EPO staff



  19. Linux Foundation 2021 Annual Report Made on an Apple Mac Using Proprietary Software

    Yes, you’re reading this correctly. They still reject both “Linux” and “Open Source” (no dogfooding). This annual report is badly compressed; each page of the PDF is, on average, almost a megabyte in size (58.8 MB for a report of this scale is unreasonable and discriminates against people in countries with slow Internet connections); notice how they’re milking the brand in the first page (straight after the cover page, the 1991 ‘creation myth’, ignoring GNU); remember that this foundation is named after a trademark which is not even its own!



  20. Links 7/12/2021: OpenIndiana Hipster 2021.10 and AppStream 0.15

    Links for the day



  21. Microsoft “Defender” Pretender Attacks Random Software That Uses NSIS for installation; “Super Duper Secure Mode” for Edge is a Laugh

    Guest post by Ryan, reprinted with permission



  22. Links 6/12/2021: LibreOffice Maintenance Releases, Firefox 95 Finalised

    Links for the day



  23. “Wintel” “Secure” uEFI Firmware Used to Store Persistent Malware, and Security Theater Boot is Worthless

    Guest post by Ryan, reprinted with permission



  24. No Linux Foundation IRS Disclosures Since 2018

    The publicly-available records or IRS information about the Linux Foundation is suspiciously behind; compared to other organisations with a "tax-exempt" status the Linux Foundation is one year behind already



  25. Jim Zemlin Has Deleted All of His Tweets

    The Linux Foundation‘s Jim Zemlin seems to have become rather publicity-shy (screenshots above are self-explanatory; latest snapshot), but years ago he could not contain his excitement about Microsoft, which he said was "loved" by what it was attacking. Days ago it became apparent that Microsoft’s patent troll is still attacking Linux with patents and Zemlin’s decision to appoint Microsoft as the At-Large Director (in effect bossing Linus Torvalds) at the ‘Linux’ Foundation’s Board of Directors is already backfiring. She not only gets her whole salary from Microsoft but also allegedly protects sexual predators who assault women… by hiring them despite repeated warnings; if the leadership of the ‘Linux’ Foundation protects sexual predators who strangle women (even paying them a salary and giving them management positions), how can the ‘Linux’ Foundation ever claim to represent inclusion and diversity?



  26. Microsoft GitHub Exposé — Part IX — Microsoft's Chief Architect of GitHub Copilot Sought to be Arrested One Day After Techrights Article About Him

    Balabhadra (Alex) Graveley has warrant for his arrest, albeit only after a lot of harm and damage had already been done (to multiple people) and Microsoft started paying him



  27. The Committee on Patent Law (PLC) Informed About Overlooked Issues “Which Might Have a Bearing on the Validity of EPO Patents.”

    In a publication circulated or prepared last week the Central Staff Committee (CSC) of the EPO explains a situation never explored in so-called 'media' (the very little that's left of it)



  28. Links 6/12/2021: HowTos and Patents

    Links for the day



  29. IRC Proceedings: Sunday, December 05, 2021

    IRC logs for Sunday, December 05, 2021



  30. Gemini Space/Protocol: Taking IRC Logs to the Next Level

    Tonight we begin the migration to GemText for our daily IRC logs, having already made them available over gemini://


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