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

01.18.10

Patents Roundup: Neelie Kroes and Microsoft Patents Revisited, Steve Ballmer Lobbies Obama on Patents, Apple Wants Linux Phones Embargoed (Using Patents)

Posted in Apple, Europe, GNU/Linux, IBM, Microsoft, Patents at 11:06 am by Dr. Roy Schestowitz

Summary: Another glimpse at the way proprietary software giants currently suppress the adoption of Free software, notably using patents

Europe’s situation when it comes to software patents was recently made worse because of something that Neelie Kroes said [1, 2]. People are still calling for action, but André has a different interpretation of it. He writes:

On software patents Kroes focussed on interoperability within her portfolio.

“We should discuss what about software patents…”

A view which satisfies stakeholders against and for software patenting alike.

[...]

Kroes is the perfect person for the position of a “Digital Agenda” Commissioner. Agenda policy is usually a slow and ineffective snowball process driven by technocratic sermon, an undisputed lie or truth in the center of it all. Having someone involved who is still able to talk plain language and check the premises is very much beneficial. Most digital policy matters require a strong focus on market order. Who would be better qualified than Kroes to get that right?

Meanwhile we find that Microsoft’s CEO Steve Ballmer is lobbying Obama for increased “throughput” in the patent office, having already apparently blackmailed the president so that workforce gets betrayed. Steve Ballmer and his wife Connie Snyder personally paid money to Obama, so they get access to his ear. The same goes for Bill Gates and his wife (they separately paid Obama) and it shows [1, 2].

“Steve Ballmer and his wife Connie Snyder personally paid money to Obama, so they get access to his ear.”What chance is there that Obama* will support a withdrawal of software patents in the United States if executives who actively lobby for software patents are funding him?. Few other countries accept software patents; very few in fact, maybe a handful. One of those countries is Japan and the president of the FFII wrote this morning that according to this document from WIPO [PDF], “WIPO: Art 2.1 of Japan Patent Law defines “invention” as a creation of technical ideas by which a law of nature is utilized…”

Watch this new comment on an article about Apple patents, which are wrongly being described as “defensive”.

Like all software patents it’s a defensive one. Apple’s patents nearly all are. Software patents are usually for things that can be classified as insanely derivative and the majority of patents have some form of reference to prior art.

In this specific case it looks like Apple’s patent came before anything from Google. And even in the US, it’s not who had the idea first that matters. You have up to one year to file a patent after documenting the idea and publicly discussing or showing it in a product. IMO, not only that stipulation should be removed, but software patents themselves should be completely abolished. They serve only to harm competition and the marketplace. We already have copyright law to protect source code and design. That’s enough for software.

The above is being called “defensive”, but how might that explain Apple using its patents to terrify Linux device makers? These are just as defensive as a nuclear weapon is “defensive”. It’s better (safer and less wasteful) to just disarm.

In the latest round of a frivolous Nokia-Apple case [1, 2, 3, 4, 5, 6, 7], Apple wants to embargo some of Nokia’s Linux-based devices. Apple goes aggressive and retaliatory with patents, but to be fair, Nokia started this confrontation. Nokia used patent law in attempt to embargo Apple products.

As for another important item from the news, guess who is the second-largest patent awardee in the US? It’s the company which conspired with Microsoft against the freedom of GNU/Linux.

The Armonk, NY, based technology giant received 4,914 new patents in 2009, according to IFI Patent Intelligence in Wilmington, Delaware. Korea’s Samsung Electronics was second with 3,611 patents and Microsoft Corp. was third with 2,906.

IBM is also part of the problem. It’s not a friend of Free software when it comes to patents.
____
* It’s not an Obama/Democrats problem by the way, as both major parties are serving similar business interests. The problem is partly systemic.

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 Windows Unsafe at Any Speed, by Design

    More timely reminders that Windows is simply not designed to be secure, irrespective of version, status of patching, etc.



  2. After Moonlight Dies and Even Microsoft Abandons Silverlight, the Abusive Monopolist Keeps Pushing for Other Microsoft Lock-in, Injecting OOXML Traps Into Free Software (Moodle)

    Despite a long history of Microsoft formats being proven guarantee of digital obsolescence, Moodle allows itself to become Microsoft prey and a Trojan horse for OOXML in classrooms (for children)



  3. Links 4/7/2015: Mostly (Geo)Political Catchup

    Links for the day



  4. Links 3/7/2015: KDE Applications 15.04.3, Ubuntu-Flavored Compute Stick

    Links for the day



  5. Patent Lawyers and Their Firms, Still Desperate to Protect the Status Quo, Manipulate the Media

    Patent lawyers are besieged by gradual tightening of patent scope and recklessly fight back (e.g. by saturating the media) to secure their revenue sources, derived from (and at the expense of) actual scientists and true market producers



  6. Amid Controversy, Political Scrutiny and Increased Media Pressure Željko Topić and Benoît Battistelli Allegedly Cancel Today's Trip to Zagreb (Croatia) Where Topić Faces Many Criminal Charges

    The Croatian press comments on the recent declaration from the Council of Europe and Topić's not-so-sterling status in his home country, where he is wanted for alleged crimes



  7. Microsoft Gradually Embraces, Extends, Extinguishes Linux Foundation as a Foundation of GNU/Linux

    By liaising with (or hijacking) existing members of the Linux Foundation, as well as by paying the Linux Foundation, Microsoft turns the Linux Foundation into somewhat of a Windows advocacy group



  8. Microsoft India Still Lobbies and Lies About Free Software in Order to Knock Down Policy That Favours Free Software

    Microsoft continues to bully Indian politicians who merely 'dare' to prefer software that India can modify, maintain, extend, audit, etc.



  9. Patent Lawyers and Corporate Media Nervous About New Patents Barrier/Reality (Less Patents on Software and Business Methods)

    The rich and the powerful, as well as their lawyers (whose job is to protect their money and power by means of government-enforced monopoly), carry on whining after the Alice case, in which many abstract patents were essentially ruled -- by extension -- invalid



  10. Translation of Pierre-Yves Le Borgn' Speech Against EPO Management and New Parliamentarian Interventions

    More political fire targeting the EPO's management, adding up to over 100 parliamentarians by now



  11. Links 2/7/2015: KDE Plasma 5.3.2, antiX 15

    Links for the day



  12. Links 1/7/2015: OpenDaylight Lithium, OpenMandriva Lx 2014.2

    Links for the day



  13. Munich Press, Münchner Merkur, Slams the Munich-based EPO

    Pressure on Benoît Battistelli to leave (or be fired) grows as the cronies whom he filled his office with have become a huge public embarrassment to the decades-old European Patent Office



  14. The Shameless Campaign to Paint/Portray Free Software as Inherently Insecure, Using Brands, Logos, and Excessive, Selective Press Coverage

    Some more FUD from firms such as Sonatype, which hope to make money by making people scared of Free/libre software



  15. National Insecurity and Blackmail, Courtesy of Microsoft

    British members of parliament (MPs) outsourced their communication to the number one PRISM company and they are paying the price for it; The US Navy's systems continue to be unbelievably insecure (Windows XP), despite access to the world's biggest nuclear arsenal



  16. Microsoft Keeps Shrinking

    As the era of shrink-wrapped software comes to an end so does Microsoft, whose effort to become a 'cloud' company with online operations has been miserable at best



  17. They 'R' Coming: More Microsoft Money for the Linux Foundation

    The problem with having Microsoft in a Linux Foundation initiative, the R Consortium



  18. Speculations About the EPO's Possible Role in DDOS Attacks

    Readers' views on who might be behind the attacks on this site amid confirmation that it's on the 'targets' list of the EPO



  19. Links 30/6/2015: Linux Mint 17.2, OpenMandriva

    Links for the day



  20. Techrights Confirmed as a Target of EPO Surveillance, With Help From Control Risks Group (CRG)

    Unveiling the cloak of secrecy from long-term surveillance by the European Patent Office (EPO) and a London-based mercenary it hired, bypassing the law



  21. Google's Fight to Keep APIs Free is Lost, Let's Hope Google Continues Fighting

    SCOTUS refuses to rule that APIs cannot be considered copyright-'protected', despite common sense and despite Java (which the case is about) being Free/libre software



  22. Patent Trolls in the Post-Alice World

    A round-up of news about patent trolls in the United States, some of whom are are doing well and some of them not as well



  23. DDOS Attacks Against Techrights

    Information about some of the most recent DDOS attacks against this Web site and the steps to be taken next



  24. The Patent System Not What it Used to be, Large Corporations and Patent Lawyers the Principal Beneficiaries

    A look at some recent patent stories and what can be deduced from them, based on statistics and trends



  25. After Intervention by the Council of Europe Comes a Detailed Summary of the Situation in the European Patent Office (EPO)





  26. IRC Proceedings: May 31st - June 27th, 2015

    Many IRC logs



  27. Links 28/6/2015: Manjaro Linux Cinnamon 0.8.13, VectorLinux 7.1

    Links for the day



  28. Williamson v. Citrix Online (at CAFC) Reinforces Alice v. CLS Bank (at SCOTUS) in Crushing Software Patents

    More patent news from the United States, again serving to indicate that software patents over there are getting weak (harder to defend in court or acquire from the patent office)



  29. Proskauer Rose LLP is Cherry-Picking Cases to Make Software Patents Seem Eligible Despite Alice v. CLS Bank

    Naming and shaming those who are trying to reshape the consensus despite a rather consistent pattern of software patents being rejected



  30. IAM Biased: How IAM 'Magazine' Glorifies Patent Stockpiling

    A look at the bias of one of the most overzealous sites for and by patent lawyers


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