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. Links 19/4/2014: Slow Easter News Day

    Links for the day



  2. Links 18/4/2014: New KDE, Kubuntu, and More

    Links for the day



  3. Some Perspective on Heartbleed®

    Our views on the whole Heartbleed® bonanza, which seems like partly a PR stunt (for multiple stakeholders)



  4. Microsoft is Leaving Windows -- Including Vista 8.1 -- Vulnerable to Non-Government Crackers, Not Only to NSA

    Microsoft makes it ever more evident that securing users of Windows is not at all a priority, and perhaps not even a desire



  5. Links 17/4/2014: Android RDP, New Ubuntu, RHEL 7 Milestone

    Links for the day



  6. Racing to 1984: Mass Surveillance, Cracking, 'Targeted' Assassinations, and Illegal Torture

    Links for the day



  7. More Microsoft Subsidies to Patent Troll Intellectual Ventures

    Microsoft hands money to Bill Gates' close friend who is the world's largest patent troll



  8. Aiding Microsoft Under the Disguise of 'Pro-FOSS'

    Not everything which is FOSS necessary becomes, by virtue of existence, a positive contribution, as we are constantly reminded by projects that help proprietary software and/or restrictions get a strong grip on FOSS



  9. Links 16/4/2014: Red Hat PR, Ubuntu LTS Imminent

    Links for the day



  10. Links 15/4/2014: Lots of PCLinuxOS Releases, Ukraine Updates

    Links for the day



  11. Apple and Microsoft Actively Lobbying Against Patent Reform in the US

    Apple and Microsoft are reportedly intervening/interfering with US law in order to ensure that the law is Free/libre software-hostile



  12. Lawsuit by Microsoft Shareholder Targets Fine for Crimes Rather Than the Crimes Themselves

    A new lawsuit by a Microsoft shareholder shows everything that's wrong with today's model of accountability, where those who are responsible for crimes are accused of not avoiding fines rather than committing the crimes



  13. Public Institutions Must Dump PRISM-Associated Software

    Another reminder that taxpayers-subsidised services should refuse, as a matter of principle, to pay anything for -- let alone deploy -- proprietary software with back doors



  14. GNU/Linux News: The Opportunities Amid XP EOL

    Links for the day



  15. Microsoft Gets Its Money's Worth From Xamarin: PlayStation 4 Now Polluted by Microsoft

    The Trojan horse of Microsoft, Xamarin, is pushing .NET into Microsoft's console competitor



  16. After Brendan Eich Comes Chris Beard

    Having removed Brendan Eich using bullying and blackmail tactics, his foes inside Mozilla achieved too little as we have yet another man (coming from inside Mozilla) acting as CEO



  17. Healthcare News: Free Software in Health, Humanitarian Causes

    Links for the day



  18. Links 14/4/2014: MakuluLinux, Many Games, More Privacy News and Pulitzer Prize for NSA Revelations

    Links for the day



  19. TechBytes Episode 87: Catching up With Surveillance (NSA, GCHQ et al.)

    The first audio episode in a very long time covers some of the latest happenings when it comes to privacy and, contrariwise, mass surveillance



  20. Server News: KVM, ElasticHosts, Other GNU/Linux Items, and Open Network Linux

    Links for the day



  21. Hardware News: Freedom, Modding, Hackability on the Rise

    Links for the day



  22. Distributions News: GNU/Linux Distros

    Links for the day



  23. GNOME News: Financial Issues, Mutter-Wayland, West Coast Summit, Community Participation

    Links for the day



  24. KDE News: Kubuntu at the Centre Again KDE Applications Updated

    Links for the day



  25. Techrights Rising

    Effective immediately, Techrights will do what it takes to bring back old volume and pace of publishing



  26. Links: Surveillance, Intervention, Torture and Drones

    Links for the day



  27. Mobile Linux Not Just Android: Jolla, WebOS, and Firefox OS News

    Links for the day



  28. Google's Linux Revolution: New Gains for Android, Chrome OS (GNU/Linux)

    Links for the day



  29. Free/Libre Databases News: MongoDB, NoSQL, and MySQL Branches/Forks

    Links for the day



  30. Open Access on the Rise: Textbooks, Journals, Etc.

    Links for the day


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