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

12.11.09

Patents Roundup: Microsoft’s FAT Ambush, RPX “Protection Racket”, and Life-threatening Patents

Posted in Free/Libre Software, FSF, GNU/Linux, Law, Microsoft, Patents, TomTom at 5:16 pm by Dr. Roy Schestowitz

EPO backlash

Summary: The nastiness of patents puts itself up on display and herein we share the truth about this ill system, based on the latest news alone

THIS is a collection of news items that affect Free software by means of law.

Microsoft and Rambus Ambushed the Industry

Microsoft’s de facto PR machine is working to create another patent scare. Mary Jo Foley’s role was mentioned earlier and Ina Fried follows with promotion of exFAT patents.

The File Allocation Table (FAT) format is also licensed out by Microsoft, although its patents there have been the subject of contention, particularly since many distributions of Linux include the FAT formats.

This is also covered by the Microsoft bunch at Ars Technica (Emil) and other Microsoft reporters.

In February 2009, news broke that Microsoft had filed a patent infringement lawsuit against TomTom, alleging that the device maker’s products, including some that are Linux-based, infringe on patents related to Microsoft’s FAT32 filesystem. In March 2009, Microsoft and TomTom settled their controversial patent dispute, TomTom licensed the patents from Microsoft, and stated its intent to remove from its Linux kernel the code that is covered by the patents.

We have covered the TomTom case very extensively and also explained why Microsoft had ambushed the market with FAT. Microsoft is not alone though.

Rambus used submarine patents (or an ambush) in order to penalise all of its competitors [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. Rambus was brought to court over this type of abuse and right now it is trying to escape punishment in Europe.

The American memory chip designer has been fighting allegations that it intentionally concealed that it had patents and patent applications connected to DRAM chips, which later became an industry standard. It’s accused of charging abusive licensing rates for the technology once its “patent ambush” was sprung.

In an hypothetical industry that prioritises progress, Rambus and Microsoft deserve to have the patents in question rubbished and all royalties previously paid to them refunded over time. If the patent system becomes a tool of deception, then The Christian Science Monitor is probably right and the patent system (including USPTO) deserves to be rubbished along with all those patents. To quote Richard Stallman (regarding EPO earlier this year [1, 2] ): “The European Patent Office is a corrupt, malicious organisation which should not exist.” Stallman argues that if it stands in our way, then we should “get rid of it too.”

RPX: Return of the Uber-Patent Harvester

We previously wrote about RPX in [1, 2, 3, 4, 5, 6, 7]. In short, it’s a useless behemoth that only accumulates patents and then offers “protection”. Georg Greve has just described RPX rather politely by writing “When your business plan is a euphemism for “protection racket”…”

Greve is the founder of the Free Software Foundation Europe (FSFE) and he links to what he describes as a “Good article on the reality of software patents.”

Kleiner Perkins Caufield & Byers is well known for the venture capital it brought to great innovations involving computers, health and energy. One of its latest startups is based on an entrepreneurial idea that may or may not be great but is very interesting: helping companies hand over money for mostly bogus legal claims involving patents.

This particular startup, RPX, doesn’t describe itself that way. In fact, it makes a good case that its goal is to help companies, many of them in the tech industry, make the best of the bad situation that is the U.S. patent system. The fact that patent holders and lawyers will end up with money they don’t deserve reflects nothing about RPX but a lot about a system filled with rot.

If you think patents protect plucky innovators and their groundbreaking inventions, you haven’t been paying attention. Patents have evolved into an extortion scheme that hurts real inventors far more than it helps them.

Of course it does. Patents are about protecting monopolies, not protecting innovation. It’s a protectionist measure where the “protected” subject is revenue, not science. It is about investors, not inventors.

There is this new transcript of Richard Stallman on software patents:

The Danger of Software Patents

This is the transcript of a talk presented by Richard M. Stallman on 8 October 2009 at Victoria University of Wellington.

There are also videos of previous Stallman talks which cover the same subject.

Patents Versus Survival

On a couple of occasions earlier this week we wrote about the harms caused to the environment by patents. Check out this new report:

Preservation of IP: One of Many Goals in Copenhagen

[...]

The Chamber’s Global Intellectual Property Center (GIPC) has been front and center in this debate, and our position is clear: if governments are serious about addressing climate change, and all agree that new technologies are a vital part of the answer, then IP laws and rights need to be protected in any Copenhagen agreement. Indeed, in our view, a Copenhagen Summit with NO mention of IP at all is a successful conclusion. Current international laws and norms are working, and need to be preserved.

To which Glyn Moody responds with:

Got that? Stuff the environment, we’ve got to protect the *important* things in life, like intellectual monopolies…

Indeed. Here is a touching report on the subject.

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

A Single Comment

  1. Yuhong Bao said,

    December 11, 2009 at 10:57 pm

    Gravatar

    Yea, on Rambus, anyone remember the i820 chipset from a decade ago? As I remember, it did not perform well due to the Pentium III bus. Intel came out with the MTH that translated SDRAM to RDRAM, but that was even slower and because of reliability issues later had to be recalled. It affected the Timna project too, which in the end had to be cancelled. In the meantime, the competitor VIA had it’s Apollo Pro 133(A) chipsets that supported PC133 SDRAM. Intel had to in the end release the i815 chipset that supported PC133 SDRAM too. Later with the P4 came the i850 chipset, where Rambus fits much better due to the P4 bus. But still Intel ended up releasing the i845 chipset later with PC133 SDRAM and later DDR SDRAM support.

What Else is New


  1. The EPO's Media Partners Like Les Echos Already Produce EPO Puff Pieces (Marketing/Stenography)

    EPO promotion disguised as reporting or journalism, as seen in the media partners of the EPO well before these partnerships even begin



  2. Unitary Microsoft: EPO Excludes People Who Are Not Microsoft Customers From UPC Participation

    The EPO just can't help providing special treatment to Microsoft, not only when it comes to patent applications but also when it comes to rejecting stakeholders/applicants who dare not become Microsoft customers



  3. Links 30/5/2016: Linux 4.7 RC1, Best Linux Distros

    Links for the day



  4. Make Nothing, Sue Everybody: The Reality of Patent Trolls Increasingly Understood by the 'Mainstream'

    New patent stories and even extensive coverage at PBS, which dedicated a whole program to these matters but failed to address the core issue, which is software patenting



  5. [ES] Advertencia: La Vigilancia de la EPO Surveillance Puede Haberse Convertido en Más Intrusiva

    BlueCoat, que la EPO usa para oprimir a sus empleados en sus premisas Europeas, acaba de ajustar más y hacerse más intrusiva y los empleados pueden estar en riesgo



  6. [ES] Tarjeta de Victima Termina en Otra Torpeza para Battistelli Seis de su Guardia Pretoriana

    Battistelli esta destruyéndo lo que queda de la reputación de la EPO (después de las décadas que le costó a ella construírla) mientras los medios continúan escrutinando su desastroso régimen



  7. [ES] La EPO esta Excelente, Dice Sitio de ‘Noticias’ Conectado a Ella

    Los caraduras de la ‘revista’ IAM, viejo aliado de la EPO, da la impresión a la gente de que en la EPO todo esta bien y dandy aunque claramente ese no es el caso



  8. New EPO Caricature: Nouveaux Garde-Vélo (New Bicycle Guards)

    A new cartoon poking fun at Battistelli's bicycles and the perceived threat these are under



  9. Battistelli's 'Special Relationship' With Portugal and the 'Inventor of the Year' Charade

    What makes Portugal rather unique when it comes to Mr. Battistelli, who is allegedly desperate for support from smaller countries whose vote is easier to 'win'



  10. Patent Lawyers' Marketing Dominates and Marginalises Meaningful Analyses of Software Patenting in the US

    In an effort to create demand for software patents again, patent lawyers produce a huge heap of so-called 'analyses' which piggyback just one single decision (the exception, not the norm)



  11. A Mix of Patent Aggression and Sanctions/Raids (Using Controversial Patents) Against East Asian Companies

    New stories that demonstrate patent protectionism and show how Western industry, which barely makes anything anymore, relies on patents (software and design patents included) and this self-serving patent regime perpetuates itself even in Asia, where almost everything is actually being manufactured (and often/increasingly designed/developed too)



  12. Rumour: Battistelli Wants to Extend the Term of Topić's EPO Appointment in Spite of Criminal Charges Against Him

    The EPO's 'ringleader', Mr. Battistelli, is trying to keep his confidants (like Mr. Minnoye and Željko Topić) together for several more years to come, even defying rules regarding retirement age



  13. Links 29/5/2016: NetBSD 7.0.1, Genode OS 16.05

    Links for the day



  14. [ES] La Gerencia de la EPO Bajo Creciénte Estres por las Autoridades Legales Croatas, Políticas Alemanas, y los Medios Italianos

    Las cosas no son color rosa como la calma relativa sugiere, y esperamos en las próximas semanas mayores eventos otros que la protesta en todas las sedes de la EPO a través de Europa



  15. [ES] Los Medios de Comunicación Comienzan a Informar al Público Europeo Acercas de las Desventájas de la UPC Mientras que la EPO Acelera su Cabildeo por Ratificación

    La vergonzósa promoción de la UPC por parte de la EPO da otro paso adelánte mientras que venues de la prensa Europea (incluso canales de televisión) comienzan a explorar el arreglo secreto que es negociado por los abogados de patentes (con clientes corpórativos) y las oficinas de patentes, no el público o cualquier grupo que represente los intereses del público en general



  16. [ES] Algunos Detalles Acerca de ¿Cómo el Presidente de la EPO Es Rumoreado Estar Comprando Votos, y el Porqué es Suficientemente Base Para un Despido Inmediato?

    Algo de información tras las cortinas y una detallada explicación de la dependencia finánciera sistemática, creada por Battistelli a un costode €13 millónes o más, la cuál evita una efectiva supervisión de Battistelli



  17. Mishi Choudhary and Mike Masnick Explain Why India Should Reject Software Patents

    Both an Indian activist-lawyer and a widely-recognised author from the US explain to Indians why over-reliance on patents -- and acceptance of patents on software in particular -- is a very bad idea



  18. Microsoft Boosters Pretend Microsoft Fights for Privacy While the Company Uses Malware Tactics to Put Keyloggers on Everyone's Computers

    In spite of malware-inspired tactics that should land Microsoft in courts of law all around the world (as a defendant), Microsoft-friendly circles pretend that the company fights for people's rights like privacy -- all this when Microsoft installs keyloggers on people's PCs without their consent and obviously against their will



  19. Battistelli's Assault on EPO Staff's Right to Strike in Relation to French Politics and That 'Bicycle' Pretext for Crackdowns

    The latest bicycle 'gossip' and how it's being used, based on expectations from EPO staff, to introduce further crackdowns on human/labour rights



  20. Vice-President of the EPO Under Investigation: Treason, Abuse, Violations, Giving and Receiving Bribes

    An English translation of documents involving the Organised Crime Section of the Criminal Police Department in Zagreb, where the Vice-President of the EPO faces criminal charges



  21. EPO Management Warns People About Scams When the EPO's Management is Itself Falling for Scams

    Jesper Kongstad, the Chairman of the Administrative Council of the European Patent Organisation, helps demonstrate that not even the EPO is intelligent enough to spot an obvious scam



  22. Links 28/5/2016: Wine 1.9.11, New Gentoo

    Links for the day



  23. Links 27/5/2016: Android for Raspberry Pi, Google Beats Oracle in Court

    Links for the day



  24. Warning: EPO Surveillance May Have Just Gotten Even More Intrusive

    BlueCoat, which the EPO uses to enable oppression inside its European premises, has just gotten even nastier and staff may be at risk



  25. Victim Card Ends up in Another Blunder for Battistelli and His Six Bodyguards

    Battistelli is wrecking what's left of the EPO's reputation (after decades it took the Office to earn it) as the media continues to scrutinise his appalling regime



  26. Italian Report About EPO Now Available in English

    An English translation of a TV program which earlier this month documented some of the glaring problems at the EPO



  27. The EPO is Doing Great, Says EPO-Connected 'News' Site

    IAM 'magazine', a longtime ally of the EPO, gives people the impression that all is fine and dandy at the EPO even though that's clearly not the case



  28. Microsoft Has Killed Nokia (and Its Own Mobile Ambitions), But Watch What it Does With Patents

    Microsoft announces many more layoffs, having already caused tremendous damage to the Finnish economy, and patents are left astray for Microsoft's favourite patent trolls to pick



  29. EPO Management Under Growing Stress From Croatian Law Enforcement Authorities, German Politicians, Italian Media

    Things are not as rosy as the relative calm may suggest, and in the coming weeks we expect some major events other than the protest at all EPO sites across Europe



  30. Microsoft, a Dead Company Walking, Resorts to Malware Tactics, Now Truly Indistinguishable From Crackers

    Microsoft is essentially taking over people's PCs and installing on them a large piece of malware, complete with keyloggers, against the will of these PCs' owners


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