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

10.18.10

Microsoft’s and Apple’s #1 Weapon Against Software Freedom (Including Linux) is Software Patent Monopolies

Posted in Apple, Free/Libre Software, GNU/Linux, Law, Microsoft, Patents at 4:10 pm by Dr. Roy Schestowitz

Freedom

Summary: A concise look at what Apple and Microsoft have been doing with software patents recently

RATHER than name companies we could name behaviours or policies that impede GNU/Linux adoption. But companies which attack Linux using software patents are almost exclusively Microsoft, Apple, and Microsoft-tied entities such as Acacia.

SCO too is funded by Microsoft, but its empty allegations were copyright based and they go a long way back. It’s all nonsense and obviously anti-competitive. “Rethinking Intellectual Property” is a recommended upcoming course from Stephan Kinsella. He does make the distinction between patents and copyrights. He also explains why both laws require change. They are tools of abuse.

Here is a new piece titled “Microsoft Keen On Protecting Its Intellectual Property” and some European propaganda about Microsoft “innovation” (often a prelude to patent lobbying). It ought to be clear by now that “Microsoft Is Playing Hardball with Motorola” over Linux as part of its attack on Android. From the beginning of the month we have:

Microsoft Marshals Dealmakers, Lawyers to Take On Android

[...]

On Monday, Microsoft CEO Steve Ballmer said he looks forward to collecting revenue from Android handset makers, including HTC, which has a licensing agreement with Microsoft.

It’s not just Microsoft that’s doing this. Apple too is using these disgusting tactics (patent lawsuits against Linux) and Motorola is now pushing to invalidate Apple patents. From Engadget:

The smartphone intellectual property wars are seriously heating up, as Motorola sided with HTC this week in an effort to cover its own rear. Remember those twenty patents Apple aimed at the Taiwanese OEM? Motorola says they’re no good, and is trying to get them thrown out of court — an important tactic, because if the patents do hold water and are successfully used against HTC, Apple might turn around and sue Motorola with them too. That’s because there’s more at stake here than OEM phones, but Android as a whole, and as such other manufacturers that implement Android might potentially be targets as well.

Remember some of Apple’s outrageous software patents, including the very recent so-called ‘anti-sexting’ patent (text filtering) [1, 2]. “Do you really want to teach kids not to be creative with language,” asked Pamela Jones in Groklaw. “Now they can’t type LOL, unless someone in authority puts it in a dictionary? Think there might be a creative lag? I understand the purpose, but have they thought through all the implications and perhaps unintended consequences?”

“Now they [Apple customers] can’t type LOL, unless someone in authority puts it in a dictionary?”
      –Pamela Jones, Groklaw
Apple and Microsoft are both patenting limitations, i.e. they want a monopoly on attacking people’s freedoms and basic rights. “Game console ‘rejects’ under-age players” says this new article about Microsoft and there are some other weird ideas thrown around at Microsoft, often to be patented sooner or later.

The good news is that Apple and Microsoft may gradually learn their lesson (Apple in Texas and Microsoft in Canada because of i4i for example). TechDirt asks, “Will The Supreme Court Review Patent Invalidation Standard In Microsoft vs. i4i Case?”

“Patent suit targets Apple, Microsoft, others over digital distribution” says this article from Apple Insider, so there is still some smacking going on. There is hope that patent trolling will increase so much that Apple and Microsoft too will decide to just abolish software patents [1, 2, 3, 4]. Check out the article “One Cheer for Patent Trolls”:

As the Stanford paper suggests, in the vast majority of cases the authors studied the asserted patents were in fact junk, at least as determined at trial (judge and jury may have their own biases, of course). The inventors shouldn’t have gotten anything for them, either from the defendants or from the patent troll, because the patent never should have been granted in the first place. Again, the trolls may know better than the study suggests the real value of their holdings, and may be betting that the transaction costs of litigation will encourage defendants to settle anyway.

That bet is a game of chicken, for if the defendant chooses to litigate then both sides must absorb heavy litigation costs no matter who wins—the troll bets that the defendant will simply pay them to go away.

Patent trolls may make most of their money, in other words, from arbitraging the inefficiencies and failings of the current patent system.

“But stupid patents in the first place is the issue, is it not,” Pamela Jones asked rhetorically in Groklaw. “He’s writing about a study that found that only 10% of such patents are found valid at trial. So since only 10% of these patents that trolls use end up valid, and 90% of them are not, what’s the real loss in this picture if no one will buy up these predominantly invalid patents?”

Dave Methvin writes about “Microsoft’s Two Minds on Patents” and in an alleged “Exclusive” article/report, Tom’s Hardware says that “Microsoft Patents The Search Engine”:

Microsoft has received a patent that covers a search engine platform that is based on a “bag-of-words” and “essential pages” ranking system to make searches more efficient.

Well, it does not guarantee that this will stand in court. “Microsoft seeks a patent for its Helios distributed operating system” according to another report and “Microsoft Attempts To Patent The Optimus Keyboard” claims this new report among several which led to a lot of debate because there is prior art and it’s trivial [1, 2, 3, 4, 5]. Are patents all that’s left in Microsoft’s vision?

Fortunately, software patents become increasingly controversial and Patently-O indicates that in the United States too these patents are on rocky grounds:

In Ex parte Venkata, App. No. 2009–007302 (BPAI, October 5, 2010), the Board held that “the claim’s body recites nothing more than software [and therefore] lacks statutory subject matter.”

Software patents are probably the #1 enemy of software freedom. Let’s end them once and for all. Companies that use Free software (IBM, Google, Red Hat, etc.) will take care of the rest because unlike Apple and Microsoft, they do not use software patents offensively. Of course it would be helpful if IBM and Google joined Red Hat’s motions against software patents, too.

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 25/10/2014: KDE Mockups, Update on GNOME Outreach Program for Women

    Links for the day



  2. After Infecting Unity -- Successfully -- Microsoft's Partner Xamarin Wants to Infect Unreal Engine With .NET

    Xamarin continues to spread dependence on Microsoft to more gaming frameworks, not just platforms such as GNU/Linux, Android, and even permanent-state devices



  3. Taking Microsoft Windows Off the Grid for Damage to Businesses, the Internet, and Banking Systems

    Microsoft's insecure-by-design software is causing massive damages ([cref 27802 possibly trillions] of [cref 13992 dollars in damages to date]) and yet the corporate press does not ask the right questions, let alone suggest a ban on Microsoft software



  4. City of Berlin Does Not Abandon Free Software, It's Only Tax Authorities

    A Softpedia report that says the City of Berlin is moving to Microsoft Office is flawed and may be based on a poor translation



  5. Nadella a Liar in Chief at Microsoft, Pretending That His Anti-Competitive Practices Are Unfortunately Imposed on Microsoft

    The nastiness of Microsoft knows no bounds as even its assault on GNU/Linux and dirty tricks against Free software adoption are characterised as the fault of 'pirates'



  6. Reuters Writes About the Demise of Software Patents, But Focuses on 'Trolls' and Quotes Lawyers

    How the corporate media chooses to cover the invalidity of many software patents and the effect of that



  7. Links 24/10/2014: Microsoft Tax Axed in Italy, Google's Linux (ChromeOS/Android) Leader Promoted

    Links for the day



  8. Links 24/10/2014: GNU/Linux History, Fedora Delay

    Links for the day



  9. Links 23/10/2014: New *buntu, Benchmarks

    Links for the day



  10. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  11. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  12. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  13. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  14. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  15. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  16. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  17. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  18. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents



  19. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests



  20. The EPO's Public Relations Disaster Amid Distrust From Within (and EPO Communications Chief Leaves): Part VII

    Amid unrest and suspicion of misconduct in the EPO's management (ongoing for months if not years), Transparency International steps in, but the EPO's management completely ignores Transparency International, refusing to collaborate; the PR chief of the EPO is apparently being pushed out in the mean time



  21. Links 18/10/2014: Debian Plans for Init Systems, Tails 1.2

    Links for the day



  22. Links 18/10/2014: New ELive, Android Expansion

    Links for the day



  23. Another Fresh Blow to Software Patents (and With Them Patent Trolls)

    Another new development shows that more burden of proof is to be put on the litigant, thus discouraging the most infamous serial patent aggressors and reducing the incentive to settle with a payment out of court



  24. Links 16/10/2014: New Android, SSL 3.0 Flaw

    Links for the day



  25. How the Corporate Press Deceives and Sells Microsoft Agenda

    Various new examples of media propaganda that distorts or makes up the facts (bias/lies by omission/selection) and where this is all coming from



  26. Vista 10 is Still Vapourware, But We Already Know It Will Increase Surveillance on Its Users and Contain Malicious Back Doors

    The villainous company which makes insecure-by-design operating systems will continue to do so, but in the mean time the corporate press covers only bugs in FOSS, not back doors in proprietary software



  27. Links 15/10/2014: KDE Plasma 5.1 is Out, GOG Reaches 100-Title Mark

    Links for the day



  28. With .NET Foundation Affiliation Xamarin is Another Step Closer to Being Absorbed by Microsoft

    Xamarin is not even trying to pretend that separation exists between Microsoft and its work; yet another collaboration is announced



  29. The EPO's Protection Triangle of Battistelli, Kongstad, and Topić: Part VI

    Jesper Kongstad, Benoît Battistelli, and Zeljko Topić are uncomfortably close personally and professionally, so suspicions arise that nepotism and protectionism play a negative role that negatively affects the European public



  30. Corporate Media Confirms the Demise of Software Patents in the United States; Will India and Europe Follow?

    It has become increasingly official that software patents are being weakened in the United States' USPTO as well as the courts; will software leaders such as India and Europe stop trying to imitate the old USPTO?


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