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

08.04.10

Florian Müller Unearths Dan Lyons’ Old Junk

Posted in Deception, IBM, Microsoft at 3:35 pm by Dr. Roy Schestowitz

Daniel Lyons
Original photo by Mark Coggins

Summary: A successor/heir is found for old unverified ‘dirt’ about Groklaw, IBM continues to annoy members of the public with ludicrous patent applications, and Microsoft joins an amicus curiae in the Therasense patent case

WE SELDOM write about Dan Lyons, the clown who called himself “fake Steve Jobs” in order to piggyback some famous person’s name. Dan Lyons is probably known within GNU/Linux circles for his vicious attacks on GNU/Linux, on Richard Stallman/FSF, and on Groklaw. Some years ago he was spreading rumours though some weirdly-named blog (not “fake Steve Jobs”) and Florian Müller is currently bolstering his anti-IBM agenda using old speculations from Dan Lyons, who alleged without evidence that IBM was paying Groklaw (IBM denied this under oath). For what it’s worth, earlier today Müller published a GNU/Linux-hostile blog post about the Munich migration, which is succeeding [1, 2]. This is nothing new from Müller, who previously helped stall the migration to GNU/Linux in Munich (Müller has told us that he uses Vista 7 on his desktop/laptop and never GNU/Linux). The funny thing is that Novell staff is helping him right now over at Twitter. One of Novell’s Mono folks even misleads him by mischaracterising statistics. We use Varnish as a separate and static front end, so the actual Web server only gets used as a ‘fallback’ when the page requested is not cached or the user is logged on (so generic pages do not apply).

Anyway, over a Groklaw we now have a summary of SCO vs. Novell trial transcripts. This trial ought to leave IBM in the clear, even though Microsoft has new proxies attacking IBM.

It ought to be added that we do not defend IBM all the time. We are strong critics of IBM's patent policy for example. Today we find another new example of IBM’s outrageous patents:

IBM Trying To Patent Cure For Obama’s BlackBerry Woes

theodp writes “Appearing Thursday on The View, President Obama lamented that his BlackBerry was no fun anymore, noting that only about 10 people had his BlackBerry personal e-mail address. ‘I’ve got to admit it’s no fun because they think it’s going to be subject to the Presidential Records Act so nobody sends me the juicy stuff,’ he ruefully added. Coincidentally, the USPTO disclosed on Thursday that IBM has a patent pending for a Cellular Telephone Using Multiple Accounts, which provides multiple SIM card slots to address the problems faced by ‘an elected official [who] may be under legal restraints regarding the nature of calls which may be made from a particular telephone.’ Without its invention, explains Big Blue, ‘an official may use one telephone for calls in an official government capacity; another for calls to a re-election committee; and another for purely personal use.’ IBM ran to the patent office with details of the new ‘invention’ (image) just days after Obama was told he could keep his BlackBerry for personal use, but would have to use an NSA-approved phone for anything government related.”

Crosbie Fitch says: “Until you extract the root and abolish #patent, the weed of #swpat will keep coming back. #Patents are NOT ‘a good idea badly executed’.”

That’s why OIN is not the solution, abolition is. The open letter calling for abolishment of software patents in Australia has almost got 800 signatures so far, so thanks to all the Australians who signed it. The target was 500 and it has been exceeded by far. The more, the merrier. Thanks to Ben Sturmfels for that.

Here is what Microsoft is up to this week when it comes to patents:

Last Friday, sanofi-aventis and Microsoft joined in filing an amicus curiae brief with the Federal Circuit in the Therasense, Inc. v. Becton, Dickinson & Co. case. The brief, filed in support of appellants and urging the en banc Court to reverse the three-judge panel’s affirmance of inequitable conduct against Abbott, was limited to one of the “questions” posed to the parties and amici by the Federal Circuit when granting en banc review: “[w]hether the specific intent element of the inequitable conduct doctrine is properly derived from the common law” (see “Federal Circuit Grants En Banc Review in Therasense v. Becton Dickinson”).

[...]

Intent generally is not required for patent infringement, a strict liability tort. It is only in “extraordinary situations,” amici argue, that intent becomes an issue: for infringers when the allegation is for inducing infringement, and for patentees when the allegation is inequitable conduct. The brief argues that specific intent, defined as “[t]he intent to accomplish the precise act with which one has been charged” (reflecting the origins of the concept in criminal law) is the standard that a court should apply when establishing inequitable conduct.

As Carlo Piana put it, “the *only* solution is [software patents] abolition NOW.”

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. When Google Used Alex Converse to Raid the Public Domain With Software Patents

    In its overzealous pursuit of software patents, Google is now turning public domain methods into private 'property' (in defiance of critics)



  2. Mark Kokes, the Man Behind BlackBerry's Patent Aggression, Leaves the Company

    The man behind the patent troll-like behaviour of BlackBerry is leaving



  3. WordPress Demonstrates That Facebook's Patent Strategy is Deterring/Alienating Developers

    React is being dumped following Facebook's attempt to restrict distribution/derivatives using software patents



  4. Links 19/9/2017: Pipewire, Mir Support for Wayland, DRM in W3C

    Links for the day



  5. Links 18/9/2017: Linux 4.14 RC1, Mesa 17.2.1, and GNOME 3.26 on Ubuntu Artful

    Links for the day



  6. Patent Trolls Update: Eolas, Conversant (MOSAID), Leigh Rothschild, and Electronic Communication Technologies

    Patent trolls are still being watched -- as they ought to be -- even though some of them shy away, hide from the media, engage in dirty tricks, and file more lawsuits



  7. Microsoft is Promoting Software Patents in India in Another Effort to Undermine Free/Open Source Software, Microsoft-Connected Trolls Are Still Suing

    The ongoing patent threat to Free/libre Open Source software (FLOSS) and the role played by Microsoft in at least much of this threat



  8. Patent Trial and Appeal Board (PTAB) Under Attack by IBM and Other Patent Parasites Who Undermine Patent Quality

    The PTAB, which has thus far invalidated thousands of abstract/software patents, is under a coordinated attack not by those who produce things but those who produce a lot of lawsuit



  9. Why the Mohawk Tribe Should Fire Its Lawyers and Dump the Patents Which Now Tarnish Its Name

    In order to dodge the Patent Trial and Appeal Board (PTAB) with its Inter Partes Reviews (IPRs), the Mohawk tribe is being exploited -- very much in direct detriment to its reputation and status



  10. Amazon and Google Have Both Become Part of the Software Patents Problem

    The transition from so-called 'defensive' patents to offensive patents (ones that are used to suppress competition) as seen in Amazon and in Google, which is already suing rivals and is pursuing additional patents by acquisition



  11. Unless Physical, Inventions Are No Longer Patent-Eligible in US Courts, But USPTO Ignores Precedence

    Even though the ability to enforce software patents against a rival (or many targets, especially in the case of patent trolls) is vastly diminished, the US patent office continues to grant these



  12. Citing the European Patent Convention, Spanish Court Tosses Lawsuit With EPO-Granted European Patent

    The quality of European Patents (EPs) -- a subject of growing levels of scrutiny -- as demonstrated in Barcelona this summer



  13. Links 16/9/2017: More of “Public Money, Public Code”, Equifax Failed to Patch for Months

    Links for the day



  14. BlackBerry Has Turned Into a Patents and Licensing Company

    The Canadian company that made fairly reputable phones early in this century is left with nothing but the power to sue other companies -- a power to which it increasingly gravitates



  15. European Patent Office Continues to Paint a Rosy UPC Picture Even Though the UPC May Already be Dead

    The European Patent Office (EPO) doesn't let facts get in the way as another week passes with UPC promotion and further staff repressions



  16. Tax Evasion by Patent Boxes and Lies About Small Businesses (SMEs) in the Corporate Media

    The lobbying effort of the patent 'industry' -- and its largest beneficiaries -- paints its own perks as something that's intended for their small/minuscule competitors (whom they actually attempt to misrepresent and crush)



  17. Links 15/9/2017: Mesa 17.2.1 RC, Wine 2.17, WordPress to Ditch React Over Patents

    Links for the day



  18. The UPC Fantasy is Going Nowhere as Complaints and Paperwork Pile Up

    Many submissions and complaints about the Unitary Patent have time to arrive before the end of October as a decision on the matter seems as distant as 2018



  19. At Event of EPO SLAPP Firm, a Suggestion That the UPC Should be Scrapped Because It's Stuck

    Just like the TPP, the UPC is now in a potentially fatal deadlock, so people with a stake in the outcome consider starting again (almost from scratch)



  20. Watchtroll Helps the EPO Peddle Fake News About the Unitary Patent (UPC)

    The Unified Patent Court (UPC) isn't happening; the EPO, however, keeps on pretending that it can already operate as though the UPC got the green light



  21. Links 14/9/2017: Plasma 5.11 Beta, Q4OS 1.8.8, Orion

    Links for the day



  22. Links 13/9/2017: Blender 2.79, Qt 5.10 Alpha, GNOME 3.26 “Manchester”, Parrot 3.8

    Links for the day



  23. Amazon's Infamous Patent is Dead and the World's Richest Man Failed to Fulfill His Promise on Software Patents

    Amazon continues piling up a lot of software patents even though its founder once pretended (only after enormous public backlash) that he would pursue far shorter terms for software patents



  24. EPO Gets Together With Patent Radicals to Promote Software Patents

    Watchtroll, a widely-known site of patent extremists with the agenda of promoting software patents, gets together with the EPO for a puff piece in the form of an "exclusive" interview



  25. Patent Boxes Are for Tax Avoidance, But in the Land of Tax Avoidance (Switzerland) No Avoidance for Software Patents

    The world leader in European Patents (EPs) refuses to acknowledge software patents or barely respects these



  26. Latest Attempts to Blow Air Into the Sails of the Sinking Unitary Patent (UPC)

    A survey of the latest media mentions and interpretations of the UPC, which don't quite stack up when compared to reality



  27. Links 12/9/2017: Linux 4.13.1, digiKam 5.7.0

    Links for the day



  28. Patent Maximalism Duo: Watchtroll and Patently-O Now Conjoined and Mutually Referencing One Another

    Radical sites like Watchtroll are spreading their ideology and harassment tactics to sites such as Patently-O, run by Dennis Crouch from the University of Missouri School of Law



  29. Complaints About Google Patents, R3 Patents, and the EFF's Campaign of Exposing/Disarming Patent Trolls

    A mix of interesting developments surrounding patents, including a nasty campaign by Dominion Harbor Group to smear patent reformers



  30. Latest Assaults on PTAB and More PTAB Bashing, This Time by Anticipat

    The Patent Trial and Appeal Board (PTAB), which helps eliminate patents granted in error (a lot of software patents), is still besieged by the patent 'industry'


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