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

01.19.10

Patents Roundup: Microsoft Keeps Ruining (to Exploit) the Patent System, USPTO’s Purpose in Greater Doubt, Cisco Surrenders to Trolls

Posted in Courtroom, Google, IBM, Microsoft, Patents at 9:00 am by Dr. Roy Schestowitz

Summary: The latest news about patents that pose a problem to the adoption of Free software, with particular focus on Microsoft which is by far the biggest problem

YESTERDAY we showed that Steve Ballmer lobbies Obama on patents. Now he is lobbying with an article that The Mad Hatter let us know about last night.

Microsoft is very focused on using (bending) law — not technical superiority — to defeat its competition. Microsoft wants to make its competition illegal and in the process it picks allies such as the copyright cartel (which it serves more than ever in its operating system, due to built-in DRM).

“Microsoft is very focused on using (bending) law — not technical superiority — to defeat its competition.”A few days ago, Groklaw pointed out that “peer to peer is used for many other legitimate things. I use it all the time for downloading Linux, various distros I want to try out, for example. The RIAA seems to assume that the technology is all about piracy, but Linux is not being pirated. It’s a legitimate use of peer to peer. And there are millions of us who like to use it. Just pointing it out, in case they are not aware.”

This is another method of derailing GNU/Linux, the #1 competition of Microsoft. The RIAA has already insulted even the Free Software Foundation, which may sound bizarre because the RIAA (a front for media conglomerates) is not in the business of software. This just smacks of collusion.

Something that Neelie Kroes said last week has led to some heated debate [1, 2, 3] as the software patents situation in Europe is made worse by Microsoft. Jukka S. Rannila suggests contacting the European Commission in his new Web page, to which Groklaw adds: “Just so you know, you can still provide feedback to the EU Commission on Microsoft’s recent commitment regarding interoperability, called an “undertaking”. The link takes you to an example. The EU Commission is monitoring the impact on the market as to how well the undertaking is working regarding interoperability between Microsoft’s products and non-Microsoft products.”

We wrote about this blunder before [1, 2, 3, 4, 5]. Another related blunder revolves around EIFv2 (European Interoperability Framework version 2), which has received a lot of negative publicity after Microsoft lobbied to derail its purpose/goals. We wrote on this subject in the following posts:

  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)
  9. Patents Roundup: Copyrighted SQL Queries, Microsoft Alliance with Company That Attacks F/OSS with Software Patents, Peer-to-Patent in Australia
  10. Microsoft Under Fire: Open Source Software Thematic Group Complains About EIFv2 Subversion, NHS Software Supplier Under Criminal Investigation
  11. British MEP Responds to Microsoft Lobby Against EIFv2; Microsoft’s Visible Technologies Infiltrates/Derails Forums Too

The president of the FFII has just shared this presentation from Europe, which ought to explain that software patents hamper motivation and innovation of Free software developers.

In other related news, Microsoft’s partner Blackboard, which was also funded by Microsoft and then monopolised an area of education, is finally walking away. Blackboard has been using software patents to deter potential competition [1, 2, 3] and now comes this:

All lawsuits have been dropped by both sides. The companies will cross-license each others’ patent portfolios under undisclosed terms, which gives both companies an opportunity to save face. After three and a half years, higher education can move on. Left unresolved is the larger question of the role of patents in higher education, but that is at least as much a question for the universities as it is for the vendors.

According to a couple of updates about the i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12], Microsoft is not giving up, maybe because OOXML is in trouble.

Microsoft isn’t giving up the court fight over the patent at issue just yet. On Friday, the company’s legal team, led by Matthew Powers of Weil, Gotshal & Manges, filed a petition with the Federal Circuit asking for a rehearing en banc. Powers didn’t return calls for this story. Earlier coverage on i4i’s trial win, post-trial action, and Federal Circuit win is available from the AmLaw Litigation Daily.

According to this article from The Guardian, i4i is not going to settle with Microsoft by licensing.

The chairman of the company that has won an injunction preventing Microsoft from selling Word 2007 because of patent infringement says he will not license the technology to the company – and has not ruled out going after any other products that infringe its XML patent.

This brings us to another hot item from the news, which is to do with patent statistics for 2009 (we have already mentioned this last week). The H belittles the value of Microsoft’s software patents.

Also Microsoft is advancing – even if partly with inexpressibly petty software patents – and holds the third place with 2900 of these overwhelming patents now. If you know how to go from one page of a document to the next using software – voilà, that’s Microsoft’s U.S. patent 7 415 666, granted in 2008.

We have already shown that Microsoft is granted patents it should never have been granted in the first place. They are miserably trying to increment the patent count in order to intimidate rivals and engage in racketeering. It’s about quantity to them, not quality.

Other statistics of interest:

i. U.S. losing Right Stuff in science, engineering

According to a 2010 National Science Board report, the state of science and engineering in the U.S. is still good; however, the country’s lead in the number of researchers is being challenged by China. Other science and engineering indicators in the U.S. are also being challenged by Asian countries.

ii. IBM Fluffs Patent Portfolio with Services Tech (more here)

For what seems like a zillion years running–alright, for the past 17 years now–IBM has come out as the top dog in the annual rankings of patents granted by the U.S. Patent and Trademark Office. A few years back, the USPTO stopped giving out data about patent counts, but market researcher IFI Patent Intelligence takes the raw patent data and dices and slices it like the patent office used to.

iii. Wikipedia Citations in Patents Up 59 Percent

Patent Librarian Michael White recently posted an interesting graph on the number of U.S. patents referencing Wikipedia articles:

The number of U.S. patents issued last year that contain one or more references to Wikipedia articles totaled 809, a 59 percent jump from 2008. Several years ago the USPTO banned patent examiners from using Wikipedia as a source of information for determining patentability of inventions. However, examiners and applicants continue to cite it.

White’s graph is shown below.

Google too is amassing patents, which makes it less than “do[ing] no evil”. Patents are about exclusion and monopoly and they tend to be inherently unethical, as a new UN report seems to suggest. From IP Watch:

The cultures of indigenous peoples have frequently been ignored when global standards on intellectual property were being set, a new United Nations report has stated.

Intellectual property issues feature prominently in State of the World’s Indigenous People, the first UN publication that aims to give a comprehensive overview of how the 370 million individuals considered as indigenous fare in terms of their health, education, income and access to employment.

Those who try to restore sanity and mend the system by denouncing patent trolls (Frenkel for example [1, 2, 3, 4, 5, 6, 7]) not only get sued but also get their employer sued. This new report says that Cisco too has been pressured to pay to the conspirators of patents trolls. They don’t give a damn about justice and ethics; the only language they understand is ego and currency.

Longview, Texas, lawyer T. John “Johnny” Ward Jr. has settled the defamation suit he filed against Cisco Systems Inc. over a posting on the Patent Troll Tracker blog.

That Oct. 18, 2007, posting by Patent Troll Tracker blogger Richard Frenkel — then a Cisco in-house lawyer — had alleged that Ward and Longview lawyer Eric Albritton conspired with the Eastern District of Texas clerk’s office to alter the filing date of an infringement suit, allegations denied by all.

The settlement in John Ward Jr. v. Cisco Systems Inc. came a month before the suit was set for trial in U.S. District Judge Jimm Larry Hendren’s court in the Western District of Arkansas. Hendren signed an order on Jan. 11 dismissing the suit with prejudice, subject to terms of a settlement agreement.

Frenkel himself has been off the hook for several months now [1, 2]. However, he lost his job for ‘daring’ to denounce parasites like Ray Niro [1, 2, 3, 4, 5, 6, 7, 8], who should probably be locked up or sentenced to exile.


Makes routers, not patent war

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. Links 30/5/2020: Godot Editor Under Web Browsers, Alpine Linux 3.12.0 and EasyOS 2.3

    Links for the day



  2. EPO's Illegal Patents and Massive Corruption Go Unnoticed by Corporate Media and Sites That Cover Patent News

    Very major corruption scandals still emerge in Europe's second-largest institution and illegal patents get granted as well as promoted; somehow, perhaps miraculously, this no longer seems to bother anybody in the media (corruption and radical policies have been gradually 'normalised')



  3. Never Mind If GNU/Linux Works Better Inside Hospitals and Free Software Not Only Safer But Vastly More Efficient...

    With lives on the line one might expect hospitals to choose what's most secure and generally works best; but in practice there seems to be a leaning towards what bribes best



  4. Sick Alexander Ramsey is Using a Public Health Crisis to Lie About the Unitary Patent, Whose Fall Made Him Redundant and/or Obsolete

    Weaponised media continues to manufacture utterly ridiculous puff pieces for Team UPC, containing intentional lies from beginning to end



  5. IRC Proceedings: Friday, May 29, 2020

    IRC logs for Friday, May 29, 2020



  6. They Came, They Saw, He Died

    Microsoft is an inherently sociopathic company; today's story of AppGet is an important reminder that Microsoft has not changed and isn't changing (Maui is another week-old example of trademark-hijacking tactics by Microsoft)



  7. Microsoft-Connected CloudGuru Doesn't Care About GNU/Linux and Now It's Gradually Killing the BSD/Linux-Centric Jupiter Broadcasting (Bought by Linux Academy)

    Assuming Docker is being 'killed' by Microsoft (or at least hijacked to push Windows, Azure and so on) while the GitHub-hosted (Microsoft) CloudGuru, whose co-founder comes from Microsoft, ‘finishes the job’ with Linux Academy and its assets, it’s time to take stock of a pattern/trend that ruins the media too



  8. What Happened to Docker is a Cautionary Tale About the Not-So-New Microsoft

    It’s hardly shocking that Docker collapsed (mass-scale layoffs) after the company had gotten close to Microsoft and got rid of its very own founder (a Red Hat veteran) while the software is being killed off/co-opted by Microsoft (all over the news this week; we’ve omitted links by intention as it’s only puff pieces, no investigative journalism anywhere); we only ask one thing: is anyone paying attention and, if so, what are the lessons learned?



  9. If You Want to Support and Follow Us 'Properly', Really Simple Syndication (RSS) is Most Reliable and Robust to Censorship

    Our longstanding position on social control media (we reject it and don't participate in it) is only proven ever more justified now that the mere idea of fact-checking is seen as controversial if not illegal



  10. Links 29/5/2020: Genode OS 20.05 and FSF Video Conferencing Service

    Links for the day



  11. IRC Proceedings: Thursday, May 28, 2020

    IRC logs for Thursday, May 28, 2020



  12. Weaponised Media Promoting an Illegal Patent System (UPC), Exploiting Major Pandemic in the Process

    The whole 'unitary' scam/ploy (merely a Trojan horse for litigation and low-quality/invalid patents) is being promoted by Thierry Breton as EU Internal Market Commissioner (in spite of illegalities and constitutional issues), merely reinforcing the view that the EU is rather complicit in the abuses perpetrated by Team Battistelli; the media in the pockets of oligarchs and litigation firms (fronting for these oligarchs) plays along, as usual



  13. Links 28/5/2020: OpenSSH 8.3, New Mesa Release, Raspberry Pi 4 News, Fedora 32 Elections

    Links for the day



  14. The EPO Became a Very Radical Institution

    Projection tactics are doomed to say more about the people who utilise them than about anybody else; the EPO has become so autocratic and corrupt that corruption is seen as normal and workers who explain this corruption are framed as "irrational" or "crazy" or "radical"



  15. IRC Proceedings: Wednesday, May 27, 2020

    IRC logs for Wednesday, May 27, 2020



  16. Allegations That Microsoft Will Ruin Besieged Clinics and Hospitals to Retaliate Against Those Who Name the Culprit

    With a broader picture coming into view, as per the above index, we're starting to wrap up the series while issuing a call for more stories and eyewitness testimonies, exposing the nature of attacks on hospitals (those almost always target Microsoft and others' proprietary software, which is technically unfit for purpose)



  17. Microsoft Has Ideas...

    Based on the pattern of media coverage, composed by Microsoft MVPs and Microsoft-affiliated blogs/sites, confusing the public about the meaning of GNU/Linux is reminiscent of an "Extend" phase



  18. ZDNet Proves Our Point by Doing Not a Single Article About Linux (RC7), Only About Linus and Windows Clickbait Junk

    It seems abundantly clear that nobody wants to cover the actual news about Linux and instead it’s all about which PC Linus Torvalds is using (gossip/tabloid); ZDNet‘s latest two articles are an example of this…



  19. UPC Lies That Make One Laugh...

    IP Kat and Bristows (overlaps exist) are still pretending that the UPC is coming because reality doesn’t seem to matter anymore, only self-serving agenda



  20. Canonical Continues to Help Promote Windows Instead of GNU/Linux or Ubuntu

    Thrice in the past week alone Canonical used the official “Ubuntu Blog” to help Microsoft instead of GNU/Linux and it is part of a disturbing trend which lends credibility to jokes or rumours about a Microsoft takeover; it's not like many people use this thing, either (Canonical helps Microsoft shore up a dying/languishing EEE attempt)



  21. Links 27/5/2020: CoreOS Container Linux Reaches Its End-Of-Life, 2020 GNOME Foundation Elections Coming

    Links for the day



  22. IRC Proceedings: Tuesday, May 26, 2020

    IRC logs for Tuesday, May 26, 2020



  23. GNEW Seedlings vs. Free Software Deforestation

    “The idea of the GNEW Project really is about keeping the goals of the GNU Project alive — hopefully, they won’t destroy or co-opt too much of the GNU Project, that people like the Hyperbola devs can’t fix it with BSD.”



  24. Joi Ito Already Admitted on the Record That Bill Gates Had Paid MIT Through Jeffrey Epstein

    An important exhibit for the accurate historical record (because MIT has been trying to deny truth itself)



  25. It's Convenient to Call All Your Critics Nuts and/or Jealous

    Bill Gates antagonists are not motivated by hatred or jealousy but a sense of injustice; spoiled brats who break the law aren’t a source of envy any more than mass murderers are subject of admiration



  26. Real History of Microsoft and How It Became 'Successful'

    New video that contains a portion about the history of Microsoft -- the part paid-for 'journalists' (paid by Microsoft and Bill Gates) rarely or never speak about



  27. Hostility and Aggression Towards Staff That Does Not Use Windows After Windows Takes Entire Hospital Down

    Microsoft Windows, with NSA back doors, continues to take hospitals offline (with records copied by criminals if not stolen by effectively locking the originals out of reach for ransom money); but guess who’s being punished for it…



  28. They Came, They Saw, We Died...

    It cannot be overstated that we're under attack (or a "Jihad" against Linux as Bill Gates himself put it) and failing to act upon it will be costly as time may be running out and our groups are being 'bought off' by Microsoft in rapid succession, as per the plan/strategy



  29. The GitHub Takeover Was an Extension of Microsoft's War on GPL/Copyleft (Because Sharing Code to Anyone But Microsoft is 'Piracy')

    Licences that make it easier for Microsoft to 'steal' (or a lot harder for Free software to compete against proprietary software) are still being promoted by Microsoft; its GitHub tentacles (see GitHub's logo) further contribute to this agenda



  30. ZDNet is Totally a Microsoft Propaganda Machine

    The site ZDNet has become worse than useless; it lies, defames and launders the reputation of famous criminals (that's the business model these days)


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