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

02.26.10

Microsoft’s Software Patents Plot Adds Panasonic; IV Critics Still React

Posted in Bill Gates, Deals, Law, Microsoft, Patents at 4:10 pm by Dr. Roy Schestowitz

Panasonic logo

Summary: Panasonic signs an exFAT patent deal with Microsoft, Amazon continues to abuse, and Nathan Myhrvold’s abuse of the system is still being discussed

ACCORDING to this promotional and self-congratulatory press release (in addition to Microsoft boosters [1, 2]), Microsoft does with Panasonic what it did with Funai earlier this year [1, 2, 3, 4].

Microsoft has made a second intellectual property (IP) licensing announcement this week. After announcing a cross-licensing deal with Amazon.com (which had lots of NDA stipulations), Microsoft revealed on February 25 it had struck a deal with Panasonic for its exFAT technology.

[...]

Maybe Amazon was just licensing exFAT/FAT, some argued. Sure, maybe Amazon licensed those technologies too; it’s impossible to tell, given what Microsoft disclosed and Amazon refused (or was not allowed) to discuss. But as I mentioned to some readers, when Microsoft is simply licensing exFAT/FAT, it calls that out specifically in the release, even if the licensee isn’t talking about how/what they plan to do with the technology.

In Amazon’s case, Microsoft called out the fact Amazon is using open-source technology (Linux, specifically) in the Kindle and on its back-end servers. Some open-source backers said they believed Microsoft did this to spread fear, uncertainty and doubt (FUD) to hurt Linux.

Regarding Amazon’s patent deal with Microsoft [1, 2, 3], there is another new development justifying boycott of Amazon, which is one of the notable abusers of the USPTO (and patent offices in other countries too, Canada for example). Amazon is clearly part of the problem.

How Hard Is It To Realize That One-Click Buying Doesn’t Deserve A Patent?

[...]

Amazon and Jeff Bezos (who a decade ago was a founder of a project to bust bogus patents) have aggressively fought to keep the patent alive. And so we’ve now entered the fifth year of the review process, which seems to involve some rather annoyed USPTO patent examiners, who are fed up with what appears to be Amazon simply dumping busywork on the examiners to avoid a final rejection of the patent.

In light of Microsoft’s latest intimidation against GNU/Linux (waving of the Amazon deal), one person writes the following, referring to the i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12].

You can imagine my laughter when Microsoft was declared by the courts to have violated a patent in their OOXML file formats. The patent owners, i4i of Canada, asked the courts to have Microsoft remove the features that were found to be in violation of i4i’s patents.

Now, what about all the customers that chose to use Microsoft’s Office product just to get the OOXML feature? If they suffer loss because of this Microsoft compensate them? What about the documents they created with OOXML, will they have to be converted? What about the people that refuse to let Microsoft remove the patent violating code to protect their investments and documents? Could i4i sue them?

Then there is Microsoft's patent troll Nathan Myhrvold, whose extortion racket we explained and shed light on earlier this week [1, 2]. Other people — including patent lawyers — have something to say (well, usually complain) about this patent troll and TechDirt cites a lawyer as follows:

Sawyer also points out that, contrary to claims of the system’s supporters, that “having a patent doesn’t mean that you really invented anything, or that the person you’re suing would actually infringe in a rational world.” Some of you may have seen some of the regular commenters here claim that there the only way to prove you’ve invented something is if you get a patent on it — and that anyone accused of infringing has clearly “stolen” the idea. Neither of those things are true. What Sawyer is pointing out is that getting a patent is just a sign that you were able to convince the USPTO (through a “pseudo-adversarial administrative procedure”) that you deserved such a monopoly privilege. It doesn’t mean you actually invented anything — and it certainly doesn’t mean you’ve done anything to promote the progress or innovation in general.

Summarising the above, the president of the FFII adds that “patent trolls are financed by traditional investment banks and hedge funds,” but even some VCs have no faith in software patents, based on another post from TechDirt (published a day beforehand):

VC Explains How Damaging Software Patents Can Be

Despite claims that no VCs would ever invest in companies without patents, we’ve been seeing more and more VCs moving over to the side of recognizing that patents are more often hindering their portfolio companies rather than helping them — and these are some of the most respected VCs around these days. Brad Burnham, who has already called for an independent invention defense for patents has responded to Nathan Myhrvold’s ongoing campaign to legitimize patent shakedowns.

It is worth emphasising that this whole debate started because of Microsoft’s patent troll who was running amok with an extortion racket. This shows just how much of a problem Microsoft has become to scientists and developers. It retards more than just the field of software right now and so does Bill Gates.

“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

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. Beware the Patent Law Firms Insinuating That Software Patents Are Back Because of McRO

    By repeatedly claiming (and then generalising) that CAFC accepted a software patent the patent microcosm (meta-industry) hopes to convince us that we should continue to pursue software patents in the US, i.e. pay them a lot more money for something of little/no value



  2. The US Supreme Court Might Soon Tighten Patent Scope in the United States Even Further, the USPTO Produces Patent Maximalism Propaganda

    A struggle brewing between the patent 'industry' (profiting from irrational saturation) and the highest US court, as well as the Government Accountability Office (GAO)



  3. Patent Trolling a Growing Problem in East Asia (Software Patents Also), Whereas in the US the Problem Goes Away Along With Software Patents

    A look at two contrasting stories, one in Asia where patent litigation and hype are on the rise (same in Europe due to the EPO) and another in the US where a lot of patents face growing uncertainty and a high invalidation rate



  4. The EPO's Continued Push for Software Patents, Marginalisation of Appeals (Reassessment), and Deviation From the EPC

    A roundup of new developments at the EPO, where things further exacerbate and patent quality continues its downward spiral



  5. The Battistelli Effect: “We Will be Gradually Forced to File Our Patent Applications Outside the EPO in the Interests of Our Clients”

    While the EPO dusts off old files and grants in haste without quality control (won't be sustainable for more than a couple more years) the applicants are moving away as trust in the EPO erodes rapidly and profoundly



  6. Links 27/9/2016: Lenovo Layoffs, OPNFV Third Software Release

    Links for the day



  7. The Moral Depravity of the European Patent Office Under Battistelli

    The European Patent Office (EPO) comes under heavy criticism from its very own employees, who also seem to recognise that lobbying for the UPC is a very bad idea which discredits the European Patent Organisation



  8. Links 26/9/2016: Linux 4.8 RC8, SuperTux 0.5

    Links for the day



  9. 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



  10. 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



  11. 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



  12. 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



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

    Links for the day



  14. 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



  15. 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



  16. 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



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

    Links for the day



  18. 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)



  19. 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)



  20. 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)



  21. 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



  22. 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)



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

    Links for the day



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

    Links for the day



  25. 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



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

    Links for the day



  27. 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



  28. 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)



  29. 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



  30. 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


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