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

01.21.10

Patents Roundup: ACTA Threatens Free Software in New Zealand, the Rambus Extortion Racket Expands, and Google Earns New Monopoly

Posted in Australia, Free/Libre Software, Google, Law, Microsoft, Patents, Samsung at 8:28 pm by Dr. Roy Schestowitz

Summary: Patent tax is rammed down people’s throats in New Zealand; Rambus gets about a billion dollars from Samsung after an ambush; Google vainly claims ownership of MapReduce

AT the behest of big corporations, politicians are now trying to advance ACTA [1, 2, 3], which is the wishlist of those seeking to maximise profits and marginalise rights.

As we have shown here before [1, 2, 3, 4, 5], the ACTA [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] is also a weapon for a monopolist like Microsoft, not just the copyright cartel. ACTA can make Free/libre software illegal and this issue is being raised in LCA, which takes place in New Zealand (NZ). To quote the opening of a new IDG article: (also published here and here)

Open source under threat from ‘grey’ IP laws

[...]

In a presentation at this year’s Linux.conf.au Linux and open source conference in Wellington, New Zealand, Jackson said free software remains under threat from the expansion of copyright, misguided software patents, the desire to control the Internet by companies whose business model it threatens and the secretive Anti-Counterfeiting Trade Agreement (ACTA) treaty.

Crikey.com.au writes about this too:

The copyright outrage the geeks forgot to mention

[...]

I know this to be true because I’m at what’s undoubtedly the geekiest place in the Southern Hemisphere right now: linux.conf.au 2010, the annual gathering of Australian Linux enthusiasts. With commendable broad-mindedness, this year’s event is actually taking place in Wellington. Yes, in New Zealand. You’ve probably heard of it.

You might just have heard of Linux, the open source operating system favoured by people who know Windows is too unstable and Macs are too expensive. If you haven’t, just imagine a random mixture of your work IT department, some super-enthusiastic students and some scarily clever people, and a penguin mascot. There’s about 700 Linux supporters in Wellington this week, and they know more about technology than you (or I) will ever manage.

But back to the main issue. When ACTA got mentioned during a linux.conf.au keynote presentation by NYU anthropology professor Gabriella Coleman, the audience reaction was instantaneous: much booing and hissing. This crowd knew that the Anti-Counterfeiting Trade Agreement was potentially very bad news. But that bad news hasn’t been passed along much, even though a crucial meeting to decide the future of the proposal will take place next week.

“NZ is pushing for software patents,” says the president of the FFII, “the law is NZ has been postponed because of number of submissions.” We wrote about this last week.

FurnaceBoy says that “there’s a bit of history there in NZ… regarding the pro-Microsoft factions there, especially lobbying government.”

“The patent ambush is shameful and Rambus should be denied the patent and forced to refund their extortion money (the loot)…”New Zealand hopefully pays attention to the worrisome developments which are occurring in its patent law [1, 2]. Microsoft New Zealand, which is in a bit of a chaos these days, is always trying block Free software in New Zealand — if not by back-room deals, then using legal means. This afternoon we mentioned the New Zealand government attempting a migration to GNU/Linux on the desktop. It is a development like this which usually leads Microsoft CEO to making emergency trips (like the one to Munich [1, 2]) and ‘pulling an EDGI’.

Controversial Rambus Ambush

In other patent news, the Rambus ambush (submarine patent) is again being exploited in order to extort competitors [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. The patent ambush is shameful and Rambus should be denied the patent and forced to refund their extortion money (the loot); instead, Rambus’ extortion racket finds another victim, this time Samsung.

KOREAN ELECTRONICS GIANT Samsung has raised a white flag and agreed to pay $900 million to make Rambus lawyers go away.

More here:

It was a good day at the office yesterday for Rambus; it made $900m when Samsung caved in on the eve of a court case, which the Korean firm had planned to fight alongside Hynix and Micron.

All Your MapReduce Are [sic] Belong to Google

Slashdot reveals that the “do no evil” company has just earned a monopoly on MapReduce:

theodp writes “Two years ago, David DeWitt and Michael Stonebraker deemed MapReduce a major step backwards (here are the original paper and a defense of it) that ‘represents a specific implementation of well known techniques developed nearly 25 years ago.’ A year later, the pair teamed up with other academics and eBay to slam MapReduce again. But the very public complaints didn’t stop Google from demanding a patent for MapReduce; nor did it stop the USPTO from granting Google’s request (after four rejections). On Tuesday, the USPTO issued U.S. Patent No. 7,650,331 to Google for inventing Efficient Large-Scale Data Processing.”

Ars Technica correctly points out that Google may just be claiming ownership of a public good (taking away from the commons).

The USPTO awarded search giant Google a software method patent that covers the principle of distributed MapReduce, a strategy for parallel processing that is used by the search giant. If Google chooses to aggressively enforce the patent, it could have significant implications for some open source software projects that use the technique, including the Apache Foundation’s popular Hadoop software framework.

The H says:

The concept of mapping and reducing fuctions has been a fundamental idea behind distributed parallel processing for many years, and in a dispute it could be reasonably claimed that Google didn’t invent MapReduce itself, but that would just move the argument on to the specific claims within the patent.

For Google, this already acts as a weapon that intimidates competitors. It gives Google leverage that it probably does not deserve; the matter of fact is that many nice inventions are never claimed by anyone in the form of a patent, until some greedy corporation comes along and decides to become “first to file”. Many simple “inventions” — PageRank included — come from academia (Stanford in Google’s case) and TechDirt debates whether or not academic research should be eligible to earn patents; after all, the purpose of patents is not to promote creation but to exclude parallel innovation, which is crucial in the mostly taxpayers-funded academic community, unlike in a shareholders-driven industry.

Should Data Collected For Academic Research Get Intellectual Property Protection?

[...]

Now, while the economic setup in the academic world may seem to be slightly different (researchers aren’t necessarily trying to maximize revenue), the overall incentive structure remains effectively the same (and money is still a part of it all). Freeing up your data so that more people can analyze it increases the overall value of the data and is more likely to lead to additional breakthroughs or interesting findings from that data. In turn, that can lead back to more interest for the original data collector and more opportunities to do more or to be involved in more relevant projects. Locking up the data, on the other hand, takes away many of those incentives for no clear benefit.

In my thesis I was strictly required to exclude others by including a statement about ownership of something called “intellectual property” (which I don’t believe in and in fact all my code is Free software). Universities really ought to rethink this if they want to innovate rather than exclude. Ideas do not spread and inspire others by decreasing their distribution and means of dissemination. The Internet has changed everything and regulations should change accordingly (in the arts, in software, and in knowledge).

“People naively say to me, “If your program is innovative, then won’t you get the patent?” This question assumes that one product goes with one patent.” —Richard Stallman

“The day that the software sector forms a clear front against software patents, as pharma does for a unitary patent system… will be the day our cause comes close to winning.” —Pieter Hintjens, Fosdem07 Interview

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

3 Comments

  1. Yuhong Bao said,

    January 22, 2010 at 2:48 am

    Gravatar

    In practice, Google’s patents in general aren’t going to be much of a problem, though, as mentioned in the same sources. Also note that design and normal patents are different too.

  2. Needs Sunlight said,

    January 22, 2010 at 8:00 am

    Gravatar

    Roy, a point of information: software patents affect closed source applications at least as much if not more than Free Software. It is not a matter of code, but of function.

    So as much as we may rely upon Free Software for getting things done at work, it is the closed source that is threatened at least as much.

    BUT make no mistake, this is not about software producers, distributors, vendors, or developers. They would be concerned about copyright, because that covers distribution. Patents cover usage of software and in that way it is anybody using a computer who are at risk.

    Microsoft talking points make use of the misdirection about developers or Free Software or Free Software developers to mislead about the scope of the population at risk and the potential costs.

    dyfet Reply:

    That is an excellent point which I think is too often forgotten.

What Else is New


  1. What Insiders Are Saying About the Sad State of the European Patent Office (EPO)

    Anonymous claims made by people who are intimately familiar with the European Patent Office (from the inside) shed light on how bad things have become



  2. The EPO Does Not Want Skilled (and 'Expensive') Staff, Layoffs a Growing Concern

    A somewhat pessimistic look (albeit increasingly realistic look) at the European Patent Office, where unions are under fire for raising legitimate concerns about the direction taken by the management since a largely French team was put in charge



  3. Patents Roundup: Accenture Software Patents, Patent Troll Against Apple, Willful Infringements, and Apple Against a Software Patent

    A quick look at various new articles of interest (about software patents) and what can be deduced from them, especially now that software patents are the primary barrier to Free/Libre Open Source software adoption



  4. Software Patents Propped Up by Patent Law Firms That Are Lying, Further Assisted by Rogue Elements Like David Kappos and Randall Rader (Revolving Doors)

    The sheer dishonesty of the patent microcosm (seeking to bring back software patents by misleading the public) and those who are helping this microcosm change the system from the inside, owing to intimate connections from their dubious days inside government



  5. Links 25/9/2016: Linux 4.7.5, 4.4.22; LXQt 0.11

    Links for the day



  6. Patent Quality and Patent Scope the Unspeakable Taboo at the EPO, as Both Are Guillotined by Benoît Battistelli for the Sake of Money

    The gradual destruction of the European Patent Office (EPO), which was once unanimously regarded as the world's best, by a neo-liberal autocrat from France, Benoît Battistelli



  7. Bristows LLP's Hatred/Disdain of UK/EU Democracy Demonstrated; Says “Not Only Will the Pressure for UK Ratification of the UPC Agreement Continue, But a Decision is Wanted Within Weeks.”

    Without even consulting the British public or the European public (both of whom would be severely harmed by the UPC), the flag bearers of the UPC continue to bamboozle and then pressure politicians, public servants and nontechnical representatives



  8. Released Late on a Friday, EPO Social 'Study' (Battistelli-Commissioned Propaganda) Attempts to Blame Staff for Everything

    The longstanding propaganda campaign (framing staff as happy or framing unhappy staff as a disgruntled minority) is out and the timing of the release is suspicious to say the least



  9. Links 23/9/2016: Latest Microsoft and Lenovo Spin (Now in ‘Damage Control’ Mode)

    Links for the day



  10. White Male-Dominated EPO Management Sinks to New Lows, Again

    Benoît Battistelli continues to make the EPO look like Europe's biggest laughing stock by attempting to tackle issues with corny photo ops rather than real change (like SUEPO recognition, diverse hiring, improved patent quality, and cessation of sheer abuses)



  11. Journalism 102: Do Not Become Like 'Managing IP' or IAM 'Magazine' (the Megaphones of the EPO’s Management)

    Another look at convergence between media and the EPO, which is spending virtually millions of Euros literally buying the media and ensuring that the EPO's abuses are scarcely covered (if ever mentioned at all)



  12. Journalism 101: Do Not Believe Anything That Benoît Battistelli and the EPO's Management Say (Also Don't Fall for the UPC Hype)

    A survey/review (or an overview) of recent articles about the EPO and why they're wrong (mostly because they parrot the official lies from Battistelli's department)



  13. Patent Law Firms, David Kappos, and IAM 'Magazine' Still Shelter Software Patents by Cherry-Picking and Lobbying

    Amid the gradual collapse of software patents in the United States there are disingenuous efforts to bring them back or maintain a perception that these patents are still potent



  14. Microsoft-Connected Patent Trolls Going Places and Suing Microsoft Rivals, Microsoft Wants More 'Linux Patent Tax'

    Microsoft-connected patent trolls like Larry Horn's MobileMedia are still attacking Microsoft rivals and Microsoft wants more money from Korea, after it attacked Linux with software patents over there (notably Samsung and LG)



  15. Links 22/9/2016: Linux Professional Institute Redesign, Red Hat Upgraded

    Links for the day



  16. Links 22/9/2016: Red Hat's Latest Results, GNOME 3.22 Released

    Links for the day



  17. The Patent Law Firms in the US Relentlessly Lobby for Software Patents Resurgence by Placing Emphasis Only on Rare Outcomes

    Decisions against software patents continue to be ignored or intentionally overlooked by patent law firms, which instead saturate the media with the few cases where courts unexpectedly rule in favour of software patents



  18. Links 21/9/2016: Lenovo Helps Microsoft Block GNU/Linux Installations

    Links for the day



  19. Like Big Tobacco Lobbyists, Benoît Battistelli and Team UPC Are Just Chronically Lying and Manipulating Politicians With Their Lies

    Benoît Battistelli and Team UPC continue to meddle in politics and mislead the public (through the press) about patent quality as well the UPC, which is now in effect sunk inside the ashtray of history



  20. The EPO's 'Investigative' Function is Totally Out of Control and Continues to Get Bigger, Whitewashed by So-called 'Review'

    An update on the situation which still causes great unrest at the European Patent Office (EPO), namely abuse of staff by the so-called Investigative Unit (Eponia's equivalent of unaccountable secret services)



  21. Microsoft and Patent Law Firms in the United States Can't Stop Writing About McRo in a Coordinated Push to Resurrect Software Patents

    Microsoft is pursuing more Linux 'patent tax' (using software patents) and patent law firms are preoccupied flooding the media with their shameless self-promotion which is also software patents promotion



  22. For Abuse Like Plagiarism and Malpractice, the US Patent System is Still World Champion

    Low patent quality, abusive litigation (e.g. by patent trolls) and various other elements that globally discredit the USPTO are only symptoms of a wider problem, which is a greedy system motivated by neo-liberal values rather than professionalism and servitude



  23. Links 20/9/2016: GNOME 3.22 Preview, Absolute 14.2 Released

    Links for the day



  24. Links 19/9/2016: Linux 4.8 RC7, KDevelop 5.0.1

    Links for the day



  25. Patents Roundup: Disclosure Requirements, Mobile Patents, Patent Lawyers' Plagiarism, USPTO Getting Sued, and Corporate Domination of the Patent System

    The unwanted elements of the patent system (as it stands at present) illuminated by very recent news and patent court cases



  26. With or Without the UPC (Which Will Probably Never Happen) Battistelli is Crushing the EPO and Ejects Experienced Staff, a Future Without Examination Possible

    A pessimistic but probably realistic take on what is happening at the European Patent Office (EPO), which is undergoing a silent transformation so wide-ranging that stakeholders deserve to know about it



  27. When EPO Liar-in-Chief Benoît Battistelli Defamed His Staff in Parliament, Comparing Them to Nazis and Criminals

    A reminder of the audacity of Benoît Battistelli, who in his capacity as a politician -- a problem in its own right -- slanders EPO staff



  28. After McRO v Namco Case (at CAFC) the Patent Microcosm Works Overtime to Produce Pro-Software Patents Propaganda, Smear the Supreme Court

    Increasingly desperate to convince people to pursue software patents and/or use their software patents to initiate growingly risky lawsuits (high risk of losing), the patent microcosm hugs McRO v Namco while distorting the complete record of the Court of Appeals for the Federal Circuit (CAFC) on this subject



  29. Poor Quality Control at the US Patent Office Gives Birth to 'Unpatent' and Gives a Voice to Critics

    The USPTO must up its game on patent quality (not relying on PTAB and the courts correcting its errors after the grants) or face growing backlash that tarnishes its public image



  30. Patent Trial and Appeal Board Under Attack by Law Firms, Which Will Soon Infiltrate It in the Form of 'Bar Association'

    The vultures that are patent law firms keep circling around PTAB and hoping to destroy it, if not from the outside then from the inside, potentially regressing and ruining great progress for US patent quality since Mayo and Alice


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