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

09.01.10

Apple’s Co-founder Steve Wozniak a Patent Trolls’ Apologist, Apple is Patenting DRM Ideas

Posted in Apple, DRM, Microsoft, Patents at 3:34 am by Dr. Roy Schestowitz

Monopolists championing proprietary software (proprietary giants) go hand in hand with patent monopolies and patent trolling

Steve Wozniak

Summary: Wozniak helps prove that also departing co-establishers of proprietary predators defend patent trolling

APPLE and Microsoft are both patent aggressors and both have sued Linux (vendors) using software patents. Paul Allen is the latest patent troll to join the club and as Microsoft’s co-founder he helps demonstrate Microsoft’s continued legacy as a agitator that fights against software development. It turns out that Apple’s co-founder too complements his Free software-hostile rhetoric and now defends patent trolling:

Say It Ain’t So, Woz: Steve Wozniak Says Patent Trolls Are Okay

Via Joe Mullin, we learn the rather unfortunate news that, when asked about Paul Allen’s decision to sue lots of big tech companies over questionable patents, Wozniak comes out in favor of “patent trolls” and patent holders suing companies who actually innovate. For someone so beloved by the tech community, these statements seem really unfortunate. He starts out by repeating the myth that patents somehow help out the small guy (ignoring that we’re talking about Paul Allen, one of the richest guys on the planet):

I think this lawsuit represents the idea that hey, patents, individual inventors, they don’t have the funds to go up against big companies. So he’s sorta representing some original investors. And I’m not at all against the idea of patent trolls.

The interviewer, from Bloomberg TV, pushes back pretty quickly, pointing out that Paul Allen is not the inventor and there’s no indication that the inventors on these patents would actually get any of the money should Allen succeed.

The FSF has just launched a campaign against “Apple’s latest DRM patent”. It’s doubly malicious because it combines an attack on the user with a patent monopoly. From the FSF’s page:

Apple has a long history of imposing innovative restrictions on its users. The Digital Restrictions Management (DRM) used in the iPhone to prevent users from installing what they want or tinkering with their devices are well-known examples.

Yet not so many people expected their latest move in that direction — Apple’s recent patent application on a new spying technology revealed their plan to dedicate users’ devices to their unlimited control.

They say that they want to protect the devices from “unauthorized usage” (i.e. theft). For that reason, your device will take a photo of the person who uses it and the surrounding place, it will record his or her voice and it will record his or her heartbeats. Once it suspects something, it will send the information to Apple which will talk to the “responsible party.”

Going back to Allen’s frivolous lawsuit, some label is “an enigma”.

Paul Allen: When a Patent Troll is an Enigma

[...]

But given the notoriety of the case and the scope of its claims (the Journal, or at least its headline writer, has declared an all-out “patent war”), it seems like a good opportunity to dispel some common myths about the patent system and its discontents.

And then I want to offer one completely unfounded theory about what is really going on that no one yet has suggested. Which is: Paul Allen is out to become the greatest champion that patent reform will ever know.

Brad Feld then asks: “Have We Reached The Software Patent Tipping Point?”

As I was reading through some of the Paul Allen commentary this morning, it occurred to me that this might finally be a tipping point. Last week, Microsoft asked the supreme court to hear their appeal of the I4i patent suit. I hope Google steps up and really takes a stand here given that they are on the receiving end of both the Oracle and Allen suits.

There is increased consensus in the technology press that software patents need to go away

Software patent wars are killing innovation

The software industry is rapidly tying itself up in red tape as claim meets counterclaim in patent suits blossoming all over the US.

The latest example is Microsoft’s co-founder, Paul Allen, who has launched into litigation against Apple, Google, eBay, Facebook, Yahoo, YouTube and five other companies. Apple has already had more than its fair share of court actions especially with Nokia and HTC. Oracle is gunning for Google. Every day brings some new accusation.

In almost every case, it is software nuances at the root of the problem. In some of the Apple cases, it seems that hand gestures are involved.

Oracle’s lawsuit is not forgotten either and Glyn Moody compares Ellison and Allen (yacht enthusiasts).

Amazon is actually the best counterexample to all of Interval’s claims. It was provably doing all the things that Interval claims it “invented”, and long before patents were even applied for. Against that background, suing Amazon would, of course, have been suicidal from a legal point of view.

But that still raises the larger question of why on earth Allen is doing this to anyone? As is well known, he is not short of a bob or two, so it can’t simply be for the money. Similarly, why did he wait for over a decade before blasting away at most of the top Internet players?

This is where I think the Ellison connection comes in. Allen’s action is part of the collective insanity which has gripped senior management at most computer companies. As more and more of these crazy software patent actions are announced and wind their way through the courts (or are quietly settled after much public tub-thumping), so the pressure on managers to join the feeding frenzy grows. It’s that old feeling that many of us get when some new fad takes off – that we might be missing out on something big, and that whether we think it’s really a good idea or not, we had better pile in now before it’s too late.

it’s considered “puzzling” too:

The 15-page document, filed Friday in United States District Court for the Western District of Washington in Seattle, lists the four patents and their titles, and accuses each of the 11 defendants of infringing on one or more of them. But it doesn’t point to specific programs, products, or websites that violate Interval’s intellectual property.

Groklaw has that whole thing as text and it adds that “Microsoft is asking the US Supreme Court to overturn the huge loss it sustained in i4i v. Microsoft. It’s the largest patent infringement verdict ever to be sustained on appeal.”

we wrote about this case earlier this week, noting that involvement from SCOTUS may give it another go at eliminating software patents. Here is some more coverage:

Can i4i contribute to backlash against sofwtare patents?

The courts are ignoring what everyone knows about software patents harming the Commons. Here is another new example of dangerous patents:

Thursday TWX, a member of our forums, brought to our attention a patent that was filed back on June 19th, 2008 and owned by XM Satellite Radio. According to the U.S. Patent and Trademark Office, the basis of this patent is as follows:

“The present invention relates to a system and method for providing a broadcast radio service listener with the ability to generate a personalized radio channel play-list on a radio receiver from broadcast content as it is received. More specifically, the present invention relates to a system and method for buffering content from a set of channels selected from among the broadcast channels of a source stream(s) as they are received, and for generating a playback stream using the buffered content that provides a multichannel listening experience to the user with preview, reverse, fast forward and other navigation functions for the buffered content.”

– United States Patent Application #20090320075

Here is some background information from a lawyers’ source. It helps show how software patents came about and how they relate to business methods.

Even ten years ago, software patents were highly controversial. They were hotly debated in such forums as the U.S. Patent Office’s software patent public hearings of 1994. A number of courts, including the United States Supreme Court, struggled with whether software innovations could be protected and whether the proper mechanism should be patent or copyright law. Ultimately, the courts defined enough guidelines to judge what types of software innovations could be the subject of a patent.

The jurisprudence that developed through the software patent controversy paved the way for the ultimate acceptance of patenting innovations in business methods. As a result of the software patent controversy, courts assessed whether an invention could be the subject of a patent in a more abstract and general way. With courts growing more comfortable with software patents and their inherently abstract nature, the stage was set to apply that higher level of thinking in the context of a business method patent.

Both business methods and software patents are a area of dispute.

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 24/3/2019: Microsoft Does Not Change; Lots of FOSS Leftovers

    Links for the day



  2. Just Published: Irrational Ignorance at the Patent Office

    Iancu and his fellow Trump-appointed "swamp" at the USPTO are urged to consult academics rather than law firms in order to improve patent quality in the United States



  3. Microsoft Paid the Open Source Initiative. Now (a Year Later) Microsoft is in the Board of the Open Source Initiative.

    The progression of Microsoft entryism in FOSS-centric institutions (while buying key "assets" such as GitHub) isn't indicative of FOSS "winning" but of FOSS being infiltrated (to be undermined)



  4. Jim Zemlin's Linux Foundation Still Does Not Care About Linux Desktops

    We are saddened to see that the largest body associated with Linux (the kernel and more) is not really eager to see GNU/Linux success; it's mostly concerned about its bottom line (about $100,000,000 per annum)



  5. Links 23/3/2019: Falkon 3.1.0 and Tails 3.13.1

    Links for the day



  6. The Unified Patent Court is Dead, But Doubts Remain Over the EPO's Appeal Boards' Ability to Rule Independently Against Patents on Nature and Code

    Patents used to cover physical inventions (such as engines); nowadays this just isn't the case anymore and judges who can clarify these questions lack the freedom to think outside the box (and disobey patent maximalists' dogma)



  7. Patent Law Firms Still Desperate to Find New Ways to Resurrect Dead Software Patents in the United States

    There's no rebound and no profound changes that favour software patents; in fact, judging by caselaw, there's nothing even remotely like that



  8. Links 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

    Links for the day



  9. Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

    The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"



  10. The European Patent Office Needs to Put Lives Before Profits

    Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)



  11. “Criminal Organisation”

    Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?



  12. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  13. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  14. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  15. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  16. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  17. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  18. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  19. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  20. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  21. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  22. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  23. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  24. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  25. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  26. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  27. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  28. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  29. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  30. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    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