01.10.10

Estimation: 30% of IT Patent Lawsuits Come from Patent Trolls, Microsoft Continues to Evade Patent Law (i4i)

Posted in Courtroom, Europe, Google, IBM, Microsoft, Patents at 10:44 am by Dr. Roy Schestowitz

“Software patents have been nothing but trouble for innovation. We the software engineers know this, yet we actually have full-blown posters in our break-room showcasing the individual engineers who came up with something we were able to push through the USPTO. Individually, we pretty much all consider the software-patent showcase poster to be a colossal joke.” —Kelledin, PLI: State Street Overruled… PERIOD

Summary: Patent trolling and the scale of impact shown; Microsoft won’t let go in the i4i case; a call for Europeans to fight against software patents by signing a petition

“New online site has found that 30 percent of all IT suits are initiated by patent trolls,” says President of the FFII, who points to this article from David Worthington (the man who had met Microsoft before spinning for them [1, 2].

David Worthington over at Technologizer wrote today, he got a sneak peak at the new system, and the results are telling. In the post, Lemley tells Worthington that his research using the new online site has found that 30 percent of all IT suits are initiated by patent trolls.

We mentioned Technologizer after Microsoft had bribed its owner with an expensive Vista 7 laptop whose return Microsoft did not require (some recipients confirmed that they kept the laptops). Anyway, evidence from Technologizer suggests that patent trolls are a real burden to the system. It proves that innovation is being hindered by it rather than promoted.

i4i Versus Microsoft

i4i is not a patent troll and its case against Microsoft we wrote about in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12]. Microsoft very deliberately infringed i4i’s patents and due to the company’s vanity we find that patents do not apply to Microsoft

Reuters indicates that Microsoft just won’t let i4i win this case, much as Updegrove predicted.

Microsoft Corp (MSFT.O) on Friday asked for a full panel of judges to review an appeals court decision upholding a $290 million jury verdict against it for infringing a patent held by a small Canadian company.

The world’s largest software company wants all 11 judges of the United States Court of Appeals for the Federal Circuit, which handles many patent and trademark cases, to review the long-running case against Toronto-based i4i Ltd, in the hope of overturning the original judgment.

This was covered by the Canadian press, CNN, and BusinessWeek. This was also mentioned by the Microsoft booster Gavin Clarke and IDG’s Microsoft “watchers”.

Europe at Stake

The threat of software patents in Europe is increasing. Glyn Moody has just explained why that is and he links to this petition to stop software patents in Europe — a petition which our European readers are encouraged to sign (it takes just one minute, literally).

Particularly valuable is the page with links to dozens of studies demonstrating just how deletorious software patents have been, are and would be.

Parenthetically, UK’s showing compared to other nations is rather dismal at the moment, so you might want to fly the flag by adding your name. It’s a painless process that will take about 30 seconds of your time – a small price to pay for preventing the introduction of the kind of software patent insanity that is observed in the US.

Many people are aware of Microsoft’s lobby for software patents in Europe as well as other continents (ourselves and others — like FFII — are working to expose this). The TomTom incident and the recent attempt of OIN to foil sales of Microsoft patents to patent trolls [1, 2, 3, 4, 5, 6] are just part of a broader picture and we are hoping that others become aware that to Microsoft, GNU/Linux is no “spectator sport”. Last week evidence surfaced which shows that EDGI still exists [1, 2]. EDGI was exposed by a chain of internal E-mails which show how Microsoft reacts very selectively to prevent migrations to GNU/Linux in a lot of nations (the EU Commission considered this to be anti-competitive but didn’t do much to prevent it). Other leaked E-mails show that Microsoft summoned a "taskforce" to take GNU/Linux PCs off the shelves of Wal-Mart in 2006. There are over 9,000 other Comes vs Microsoft exhibits that could be mentioned.

We are letting readers know this because we are sometimes seeing people dismissed as “paranoid” if they suggest that Microsoft has something to do with slow adoption of GNU/Linux on the desktop (it’s not as slow as Microsoft tells). Setting information free is important for the goal of spreading the software, at least through education of people, vendors, and other decision-makers.

Microsoft is not the only nuisance when it comes to software patents. IBM is another and Google, which does not protest against the ACTA as it should, continues amassing software patents. Here is the latest example:

theodp writes “CNET reports that Google is ‘musing’ about placing ads in Street View. The search giant reportedly floated the idea in a presentation to marketing and ad agency types in Europe a few months back. So will virtual billboards be popping up in Google Street View? A Google rep said the company had no current plans to put ads in Street View, but you might want to take that with a grain of salt. On Thursday, the USPTO revealed that Google is seeking patent protection for Claiming Real Estate in Panoramic or 3D Mapping Environments for Advertising. From the patent application: ‘The street view display server can locate an ad image within the image database and overlay the region of interest with the associated ad image.’ Connect the dots, and it sure sounds like a plan, doesn’t it? Selling the Brooklyn Bridge is a pretty good scam — selling a view of it is even better!”

Signing of petitions against software patents is a necessary action in order to end the issue at its core (policies), as opposed to just targeting companies which lobby for these policies.

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2010/01/10/report-on-patent-trolls/

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

2 Comments

  1. NotZed said,

    January 10, 2010 at 5:53 pm

    Gravatar

    I thought it was basic economic theory that monopolies were bad. Even short term ones, it’s like you can’t be a little bit pregnant.

    Although this site focuses on software, this really means all patents retard innovation, intentionally. The burden to society is the cost to ‘pay back’ the inventor. But with so many patents being granted for trivial things, the corruption of the law, and with the accelerating pace of technological development, that cost far outweighs the benefits.

    I’m sure you’ve seen the case study of the steam engine patent. http://www.thefreemanonline.org/featured/do-patents-encourage-or-hinder-innovation-the-case-of-the-steam-engine/#

    If it is just a political fight, then i’m afraid society will lose. Just look at the very recent history of the banks. Those with the deepest pockets always win in the end, simply because money talks and politicians can be bribed.

    Roy Schestowitz Reply:

    We still have “petitions” to talk with, not bribes. :-)

What Else is New


  1. Links 14/4/2021: Alpine Releases and X.Org Server 1.20.11 Release (Security)

    Links for the day



  2. Links 14/4/2021: EasyOS Dunfell 2.7, Tor Browser 10.5a14

    Links for the day



  3. EPOLeaks on Misleading the Bundestag -- Part 17: Jawohl, Herr Minister!

    A French-German co-production of "Yes, Minister!" starring Raimund Lutz, Heiko Maas and Christoph Ernst. Directed by Benoît Battistell.



  4. Over 1,000 EPO Workers Initiate Legal Challenge Against the EPO's Attack on Salaries (in Defiance of Assurances Made to Workers Who Relocate to Another Country With Whole Families)

    The EPO’s attack on workers and pensioners isn’t going ahead without challenge; while the “Mafia” (what EPO workers call the management) loots the organisation it takes away money from the workers — i.e. from besieged folks who do all the work and face growing workloads during a pandemic



  5. Who is Richard Stallman?

    Reproduced with permission



  6. IRC Proceedings: Tuesday, April 13, 2021

    IRC logs for Tuesday, April 13, 2021



  7. Links 13/4/2021: FreeBSD 13.0 Final, Slackware 15.0 GNU/Linux Beta Release and OpenMandriva Lx 4.3 Plans

    Links for the day



  8. IBM Stroking the Masters

    IBM continues to diminish its weakly-supported thesis about the word “Master” being inadequate in all contexts and IBM’s front group, the Linux Foundation, has just promoted more of that same self-serving agenda in the corporate media (screenshot below from 5 minutes ago)



  9. The 'Stallman Support' Web Site and How You Can Support Truth, Not Just Software Freedom

    The Stallman Support Dot Org Web site (stallmansupport.org, "In Support of Richard Stallman“), endorsed by Stallman himself, sets the record straight while the corporate media keeps peddling lies and distortions



  10. An Examination of Correspondence Between the Tweedledum-Tweedledee Duo, Lutz and Ernst

    A quick look at the letters and E-mails sent back and forth from the current VP5 and former VP5 of the EPO, Europe’s second-largest institution that the German government has let exist outside the rule/reach of any law



  11. EPOLeaks on Misleading the Bundestag -- Part 16: An Inimitable Duo

    How the efforts to reform the EPO's data protection framework were derailed by the actions of Lutz and Ernst



  12. How the GNU Operating System Really Started (Almost a Decade Before Linux Came Out)

    Later this year Linux turns 30, but Linux is just a component added to the GNU Operating System, developed a very long time earlier based on the design of UNIX (the mainstream media likes to distort that part of history); here’s the creator of the GNU Operating System, telling me his story here in the United Kingdom (we did many clips like these and this one seems very timely)



  13. Richard Stallman: The Other Things I Have to Say I Put on Stallman.org... Reject the Idea That You Have to Accept Something Like Facebook

    Transcript below



  14. An Ode to Dr. Ernst

    THE BUDGET is right...



  15. During Pandemic, With Rising Inflation, Corrupt EPO Management With Its 'Shadow Budget' Cracks Down on Education and Childcare Allowance

    While hoarding and misusing money (by basically granting lots of patents that ought not be granted) the management of the EPO hides it aside, then proceeds to crushing salaries and benefits of staff, even pensioners



  16. IRC Proceedings: Monday, April 12, 2021

    IRC logs for Monday, April 12, 2021



  17. In Support of Richard Stallman Normalizing Truth, Reason, Dialogue: Introduction

    Reproduced with permission.



  18. Lunduke: Stallman & The FSF Respond To The Mob!

    A video response in support of RMS



  19. Links 12/4/2021: RSS Guard 3.9.2 and IBM-Funded Hacks Keep Attacking RMS

    Links for the day



  20. EPOLeaks on Misleading the Bundestag -- Part 15: Different Strokes for Different Folks

    Dr. Ernst and Raimund Lutz colluded to protect EPO management from a much-needed investigation; Ernst has since then been rewarded with a do-nothing job by António Campinos



  21. EPO President Campinos Lying to JURI

    Benjamin Henrion recorded today's hearing and uploaded it. “Campinos,” according to him, claims that (to paraphrase) “London [is] irrelevant to get UPCA running” (that’s very obviously a lie), so what we have here is António Campinos lying on behalf of the entire EPO, just as Benoît Battistelli did. Campinos has decided to “have fun,” we’ve been told, speaking of UPCA “upper law” (which is meaningless junk) at around 51:00. He clearly didn’t come prepared and he mumbles a lot. What awful leadership for what was supposed to be the best of Europe’s science…



  22. Supporting RMS With a Meme!

    As the saying goes, a picture is worth a thousand words.



  23. If You Want to Support a Real Community...

    We’ve just mentioned the fake 'community' of openSUSE and now it’s time to examine what Fedora has truly become under IBM



  24. OpenSUSE Hates Your Freedom, But It Loves the Proprietary Software Reseller That Is the True 'Master' of OpenSUSE

    OpenSUSE is inclusive of Microsoft and other companies that attack human rights and [cref 141916 enable nationalists]; but apparently what bothers OpenSUSE very, very much is the people who started the operating system SUSE is selling



  25. Links 12/4/2021: Lagrange 1.3.2, Linux 5.12 RC7

    Links for the day



  26. IRC Proceedings: Sunday, April 11, 2021

    IRC logs for Sunday, April 11, 2021



  27. EPOLeaks on Misleading the Bundestag -- Part 14: The Notorious Revolving Door

    The Benoît Battistelli-António Campinos shuffle left some people in the EPO’s upper management better off; they’re being rewarded for complicity, so there’s no incentive to do the right thing but to do the wrong thing



  28. Links 11/4/2021: GnuPG 2.3.0, Linux 5.13 Additions

    Links for the day



  29. All EPO Articles Are Available Over Gemini Protocol

    For lighter and more privacy-preserving access to Techrights use the Gemini capsule instead of the Web site



  30. Judge and JURI

    The Committee on Legal Affairs, a.k.a JURI, meets the EPO tomorrow (in 24 hours); will abuses by António Campinos and Benoît Battistelli be brought up?


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