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

12.29.09

Microsoft’s Racketeering with Patents and Abolition of Software Patents Reexamined

Posted in Asia, Free/Libre Software, FSF, GNU/Linux, IBM, Kernel, Law, Microsoft, OIN, Patents, TomTom at 4:47 pm by Dr. Roy Schestowitz

“That’s extortion and we should call it what it is. To say, as Ballmer did, that there is undisclosed balance sheet liability, that’s just extortion and we should refuse to get drawn into that game.”

Mark Shuttleworth

Ballmer on patents

Summary: Why Microsoft’s “extortion” is a serious offence that mustn’t be overlooked; How Free software deals with software patents at present

CHIN Wong from the Philippines is an excellent journalist, but in his latest column he seems to have gotten soft on Microsoft. In writing about Steve Ballmer's potential departure he asserts the following about software patents:

Would you fire Steve Ballmer?

[...]

A US federal appeals court upheld a $290-million judgment against Microsoft Corp. and ordered it to stop selling MS Word unless it removed code that violated the software patent of an obscure Canadian company, i4i, that sued it in Texas and won.

The ruling is ironic, given Microsoft’s use of software patents earlier this year to bludgeon TomTom, a Dutch maker of car navigation systems, into settling over its use of the Linux kernel. Ballmer has bellicosely proclaimed that the kernel violates several Microsoft’s patents and has threatened to sue developers and users alike over its use. The company’s suit against TomTom in February was the first time it tried to enforce these patents against the Linux platform.

The author focuses on the TomTom case but misses the more important point about Microsoft using racketeering tactics, which ought to send people like Steve Ballmer to prison (and bring Bill Gates back to court for crimes that he too had helped commit and initiate).

Over in India, a new article from Shree Lahiri makes the decent proposition that “Freedom of software [should be treated as] our birthright” and he also acknowledges Richard Stallman, crediting him in part for the protests against software patents. Lahiri writes:

Freedom of software is our birthright

[...]

Tracing the history of free software, Abhijit said, “In 1984, Richard Stallman started the Free Software Foundation and spent most of his time advocating for free software, as well as campaigning against both software patents and what he sees as excessive extension of copyright laws.”

Speaking of Stallman’s contribution to saner law, where are OIN, Linux Foundation and other IBM fronts when it comes to just abolishing software patents? They have other strategies in mind. The FSF and FFII seem to be among very few who are actively committed to the cause. The EFF’s squashing strategy and Peer2Patent’s gardening or voluntary peer review process are still considered somewhat controversial. Here is a new article from The Register that in some way legitimises software patents for the same reason; by labeling them “good” and “bad” (mostly bad) it tacitly claims that some of these patents are acceptable. OIN very explicitly takes this point of view, whereas for Peer2Patent it is still just implicit.

The best (of the worst) patent claims of 2009

[...]

El Reg is always eager to lap up the sad, eerie, and unusual of the bunch as they fall into our sights. We’ve gathered up a few of our 2009 favorites published in honor of the year’s end.

A patent is a monopoly, based on the words of the head of the USPTO. Schools rhetorically teach that monopolies are harmful to capitalism, so what gives? More importantly, why is there no police involvement when these monopolies are (mis)used for racketeering [1, 2]? To ignore this is to accept that Microsoft is above the law.

“IP is often compared to physical property rights but knowledge is fundamentally different.”

IP Watch on Professor Joseph Stiglitz

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. Microsoft's Vista 10 Still a Failure, So Focus Shifts to Attacks on GNU/Linux, Android

    Vista 10 adoption is already plateauing (at very low levels considering the zero-cost 'upgrade') and Microsoft is trying to assert or exploit (patent) monopolies where adoption and market growth are extremely high (Free software)



  2. Links 3/9/2015: Xiaomi's Linux Push, Calligra/Krita 2.9.7

    Links for the day



  3. TechBytes Episode 89: Chromebooks, Privacy, and Vista 10

    An episode which focuses on the rise of Chromebooks, serious issues pertaining to privacy, media bias, and the demise of Windows



  4. Links 2/9/2015: Chromebooks and Red Hat Enterprise Linux 7.2 Beta

    Links for the day



  5. Software Patent From Troll Called 'Rothschild Connected Devices Innovations' a Symptom of a Rotten Patent System

    Another example of patent trolls and software patents as gatekeepers and parasites, denying access to very trivial ideas or implementations



  6. When Even Patent Lawyers' Blogs Acknowledge the Rapid Demise of Software Patents

    Voices for patents are accepting the new order wherein software patents are hardly potent at all (and increasingly difficult to acquire)



  7. Calling Proprietary Software, Software Patents, Lock-in (Like OOXML) and DRM 'Open'

    What Microsoft et al. call 'Next-Generation Open Media Formats' are basically neither open nor acceptable (it's DRM) and what Microsoft apologists dub 'Open Source Tools' are just another example of a Microsoft Office openwashing Trojan horse



  8. Recycled Old News About Vista 10, Stressing That Not Only '10' is Spyware But All of Windows is

    How Microsoft propagandists are spinning Microsoft's gross and potentially illegal privacy violations as a reason to 'upgrade' to Vista 10



  9. Links 1/9/2015: Manjaro Linux 0.8.13, Netrunner 14.2 LTS

    Links for the day



  10. Patents Roundup: IAM's Claims About India, Lawyers' Patent Bias, ITC for Microsoft, and PTAB Against Kyle Bass

    Another weekly summary, focusing on issues that pertain to or affect Free software in particular



  11. Microsoft Crowd Rocks the Media With Misleading Claims and Deliberate Lies About GNU/Linux, Vista 10, and Free/Open Source Software

    A roundup of rigged press coverage, intended purely to serve Microsoft's agenda



  12. Links 31/8/2015: Linux 4.2, LXLE 14.04.3

    Links for the day



  13. IRC Proceedings: August 9th, 2015 – August 29th, 2015

    Many IRC logs



  14. “Conservative” Site Responds (Yet Again) to Misguided “Conservative” Efforts to Derail Patent Reform in the US

    Patent trolls throw stones in glass houses, contributing to their own unpopularity, but some influential “Conservatives” continue to defend (conserve) them



  15. Increase in Lobbying for Software Patents in Europe and Its Trojan Horse, the Unitary Patent (UPC)

    The relentless campaigns to bring software patents into Europe have not stopped and so-called 'unification' -- much like so-called 'trade' deals -- serves to support them



  16. Microsoft Technology Crashes Financial Markets, Again

    SunGard, which is a Microsoft shop, is clearly failing to provide what it calls mission-ciriticaal [sic] solutions



  17. Alice v. CLS Bank (Alice/§101) Comes to Squash Software Patents Even in Eastern District of Texas

    The crackdown on software patents is coming along nicely and the Alice case is now being utilised even in the capital of patent trolls



  18. Apple's Patent Cases Against Android Are Falling Apart, as Acknowledged Even by the Anti-Android Lobby





  19. Links 29/8/2015: NetworkManager 1.0.6, Systemd Merges “su” Command Replacement

    Links for the day



  20. Microsoft Loves Linux to Death and Still Tries to Kill GNU/Linux

    Microsoft's relentless attacks on GNU/Linux and Free software in general (even if it runs on Windows) are so evident that claims of 'love' remain laughable at best (if not infuriating)



  21. Censorship, Self-Censorship and Intimidation Now the Modus Operandi at EPO

    The European Patent Office has ceased even trying to pretend that it respects human rights, including the right to free speech



  22. Patent Practitioners: "The Unitary Patent Might be Able to Open the Floodgates for Software Patents in Europe"

    The EPO-backed Unitary Patent scheme threatens to bring software patents to Europe and along with them a lot of patent trolls from all around the world (especially the United States)



  23. Microsoft Lies About Vista 10 and Increases Microsoft Surveillance (Even Beyond Vista 10 and Into Android, Vista 7/8)

    Windows surveillance expands retroactively, making its way into platforms other than Windows and also expanding to predecessors of Vista 10



  24. Another Suicide at the EPO, Fifth by Our Count

    Yet another EPO member of staff has just committed suicide, leading to the inevitable question: how many people need to die before Battistelli and his minions are out of the Office for good?



  25. Links 27/8/2015: ownCloud Desktop Client 2.0, Red Hat Downgraded

    Links for the day



  26. Microsoft-connected Mesosphere Threatens to Eliminate Free Software in the Datacentre

    Hiding behind a misleading 'open' label while actually backed by Microsoft (and based on new rumours may join Microsoft), Mesosphere wishes to eradicate Free and back doors-free software in large datacentres hosting a lot of physical and virtual servers



  27. Microsoft Aggression Against GNU/Linux Amid Vista 10's Failure

    A look at the recent assault on GNU/Linux in Munich and the likely cause for this assault (in such a timely fashion, too)



  28. Message to LinuxCon Regarding Microsoft: “It is Necessary to Get Behind Someone in Order to Stab Them in the Back.” -Sir Humphrey Appleby

    Jim Zemlin, executive director of the Linux Foundation, helps Microsoft gain influence in the Foundation after payments are received



  29. Market Share Estimates Confirm That Vista 10 Failed in a Major Way

    Confirmatory evidence that Vista 10 is failing in the market about a month after its much-hyped (paid coverage) release



  30. When Microsoft, the Master of Patent Trolls, Complains About Trolls

    Possibly the world's biggest patent abuser and monopolist, which also creates many patent trolls (including by far the biggest one), takes on a far smaller abuser in Court


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