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


Microsoft is Stockpiling and Also Buying More Patents While Microsoft’s ‘Buddy’ Finjan Extorts McAfee With Software Patents

Posted in Microsoft, Patents, Security at 11:28 am by Dr. Roy Schestowitz

Victoria and Disraeli cartoon

Summary: Microsoft’s new direction continues to include “enforcement” (as in aggression) with software patents and Finjan, which Microsoft partly owns, is just attacking companies with software patents because it’s failing as a real business

MICROSOFT is having real problems which we wrote about this morning [1, 2, 3]. The company needs to find new sources of revenue and patent racketeering [1, 2, 3, 4, 5, 6, 7] is just one possible source that would render Microsoft a “patent troll” if or when it gives up on Vista Phony 7 [sic] for example.

A Microsoft-sponsored site from Seattle says that Microsoft has just acquired 44 patents that could be applied in the mobile phones market (where Microsoft is said to have just around 5% market share):

Microsoft’s agreement to acquire Canesta Inc., confirmed late last week, will give the Redmond company 44 patents and about two dozen patent applications covering various ways of enhancing a computer’s senses — including gesture recognition, depth perception, and real-time camera and sensor calibration. Taken as a whole, they show how Microsoft could give users new ways of interacting with future versions of its PC and mobile operating systems.

This would enable aggression against rivals even if Microsoft quits this market (or never explores it at all). Microsoft need no longer feel ashamed of being viewed as a parasite. The company is already perceived that way among those who know better and having funded SCO, it is clear that Microsoft also feeds some other parasites. Speaking of parasites, the other day Groklaw wrote about one of Brian Proffitt’s articles: “If Oracle yearns for the title of Community Parasite, formerly held by Caldera, now SCO, they can follow this course. But how well is Oracle’s Linux doing? It’s really hard if you are used to thinking in proprietary ways to see the value in sharing, but there is value.”

“Microsoft need no longer feel ashamed of being viewed as a parasite.”Oracle is also said to be agitating HP at the moment, after Oracle hired Hurd who had been ousted by HP [1, 2, 3, 4], only to be replaced by a possible Microsoft mole, Apotheker [1, 2].

Techrights will be writing more about Oracle in the future. As long as Oracle still maintains and distributes some valuable Free software projects like OpenOffice.org and VirtualBox, however, Techrights prefers not to slam Oracle more than reasonably (what’s absolutely necessary). When it comes to patents, Oracle is a problem only when it comes to Android. The case is quite unique though and no claims are made about Linux in Android. Compare that to Apple’s and Microsoft’s patent lawsuits against Android distributors. A few days ago we wrote about the ITC taking Nokia's side over Apple's and argued that it can be good news for Android (ensuring it’s safe from embargo).

Microsoft’s own patent attack on Linux/Android/Motorola is now reaching review stages at the ITC, say several publications [1, 2, 3, 4] and an older article titled “Redmond’s Anti-Android Patent Trap” gets reposted by ECT. IDG’s Paul McNamara meanwhile blogs about “Microsoft patents ‘record button on a computer system’” (we covered it in [1, 2]) and he argues that “at least one patent expert says such muttering may be unwarranted in this case. (Unlike with Microsoft’s patent on a “butt hinge with integrally formed butt straps,” which proved to be not only funny but erroneous.)”

“The matter of fact is that some years ago Microsoft recruited the likes of Marshall Phelps to help the company mooch other companies just like IBM does.”These apologetics are expected from IDG. The matter of fact is that some years ago Microsoft recruited the likes of Marshall Phelps to help the company mooch other companies just like IBM does. Microsoft wants to make money without producing quite so many products and it even promoted Horacio Gutierrez, a leading person in Microsoft’s extortion crusades (including those against GNU/Linux). Microsoft is now employing the meta-industry not of engineers but of lawyers like this group which built a business model around patent litigation. How appalling. To Microsoft, it’s about quantity, not quality.

It is not too shocking that even Microsoft buddies like Finjan [1, 2, 3, 4, 5, 6] (Microsoft connection to Finjan was last covered here a long time ago and it’s still a major shareholder) are resorting to just patent lawsuits, the latest of which was won by Finjan and forces McAfee to pay Finjan $13 million (for code that Finjan has absolutely nothing to do with). As Fahmida Y. Rashid put it last week, “Federal judges deny McAfee’s appeal to overturn the verdict in the patent infringement lawsuit with Finjan which would require it to pay more than $13 million in damages.”

Why is the company just suing? Well, according to Wikipedia (maybe not be accurate in this case due to lack of citations), “In 2001, the company ran into financial difficulties and Touboul [founder] was asked by the board of directors to rejoin the company as CEO. Touboul realigned the company’s strategy, moving away from developing only software solutions to combined hardware and software security appliances; additionally, the company moved to a channel sales model. But in 2005, following disagreements with the board, Touboul left again and started a new company Yoggie Security Systems.” The company was just sold last year. It probably helps show how patents are a loser’s game and everyone in this game loses, except lawyers perhaps.

There is more in Bloomberg and the official court documents.

Welcome to a world of software patents — a world where money can be made without writing a single line of code or shipping a single product. This is apparently the type of world that Microsoft and its ilk hope to thrive in. They can’t play fairly. Microsoft never could.

“That’s extortion and we should call it what it is. To say, as Ballmer did, that there is undisclosed balance sheet liability, that’s just extortion and we should refuse to get drawn into that game.”

Mark Shuttleworth

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. Budget and Finance Committee of the Administrative Council (EPO) Confirms Exile of the Boards of Appeal

    Crushing of highly-skilled staff, propaganda in the form of new press releases, and recruitment attempts that won't succeed because the world now knows what goes on inside the European Patent Office

  2. Links 26/10/2016: “softWaves” in Debian 9, Rust in GNOME

    Links for the day

  3. Leaked: EPO's Vice-President Willie Minnoye Saying the Unsayable, Then Threatening Anyone Who Keeps Record (Evidence) of It

    E-mail that would leave Vice-President Willie Minnoye bashful, as it helps show not only bad policy but also attempts at suppression of discussion about it

  4. Puff Pieces of the EPO-IPO (EPO+EUIPO) Have Begun to Appear Amid New Evidence of Brain Drain, Lowered Standards

    The grim vision of the EPO which is losing all its talent (over time), becomes more like a production line (quality does not matter), and produces propaganda for "media positioning" (or "placements") -- all under the guise of 'studies'

  5. Leaked: Minutes From the Administrative Council of the EPO Regarding the 'Reform' (Exile) of the Boards of Appeal

    Details of the relatively secret proceedings back in June (belatedly released only a short while ago), carefully abbreviated to demonstrate which delegations helped Battistelli crush the Boards of Appeal and which ones insisted on maintaining the status quo, as per the EPC

  6. No Promising Future For the EPO Under Battistelli (If Any Future At All)

    Pessimism becomes realism at the European Patent Office as units are being torn apart, patent quality discarded, "unified" patent courts dreamed of (more patent lawsuits, higher damages), and EUIPO (EU-associated, unlike Eponia) gets closer to the EPO

  7. Leaked Minutes From the EPO Reveal That Battistelli is Detached From Reality and Blames Everything on “Union Officials”

    Minutes of the Administrative Council's meeting reveal some truly bizarre rants from Battistelli, who simply refuses to accept that the European Patent Office is burning (without a future direction, only burnout and brain drain) under his poor and abusive leadership

  8. Tata/TCS is Still Pushing for Software Patents in India

    The obnoxious company that is promoting Microsoft and software patents in a country that needs neither makes the headlines again (Financial Express)

  9. Links 25/10/2016: Rackspace's Praise of FOSS, Chain Chooses the GPL(v3)

    Links for the day

  10. Links 24/10/2016: Linux 4.9 RC2

    Links for the day

  11. Battistelli Plans to Expand the Social [sic] 'Study' (Then 'Conference') Propaganda Until Next Month, Under the 'Workshop' Umbrella

    Milking his shameless propaganda (paid-for 'studies'), Battistelli wants to rewrite the record by all means possible, then pretend that EPO staff participates in it

  12. EPO and EUIPO Join Hands to Release Propaganda (for European Media to Parrot) Some Time Tomorrow

    EPO and EUIPO in collaboration for the promotion of the notion that they are both necessary (and reinforced speculations about growing overlap between them)

  13. UPC Preparatory Committee Puts the Brakes on UPC Amid Brexit and Growing Uncertainty

    The Unified Patent Court (UPC) preparatory committee recognises that the UPC isn't going anywhere (any time soon) and false job advertisements -- or advertisements for jobs that will never exist -- are withdrawn

  14. Updates Regarding EPO and BoAC: Unrest and Injustice Carry on

    Some of the latest information which is publicly and privately available to us, in particular regarding the case of a suspended judge which represents unprecedented erosion of the appeal boards' independence (and hence lack of justice in the Organisation)

  15. EPO and the “Iberian Connection”: Patricia García-Escudero Márquez - Battistelli's Pet Chinchilla on the Boards of Appeal Committee?

    Why the Boards of Appeal Committee has begun showing prominent signs that it is anything but independent and capable of standing up to Battistelli (or his circle at the Office, which includes the “Iberian Connection")

  16. Links 23/10/2016: Alcatel's New Android Smartphones, Another Honorary Doctorate for Stallman

    Links for the day

  17. Open Letter Exposing the Farce Which Was Battistelli's 'Social Conference' Coinciding With Further (New) Attacks on EPO Staff Representatives

    A detailed letter reveals legitimate concerns expressed by staff representatives at the EPO ahead of the so-called Social Conference, in which we have highlighted severe factual flaws

  18. Translation of Latest Rant From French MP Philip Cordery About Benoît Battistelli's Abuses at the EPO

    Philip Cordery crosses horns with Benoît Battistelli, who has become a source of embarrassment for France with his autocratic tendencies and misguided policies that rapidly ruin the European Patent Office (EPO)

  19. Battistelli-Commissioned PwC ‘Study’: Leaked Document Shows PwC's Dishonesty and Misrepresentation of EPO Staff

    An in-depth analysis (but not comprehensive, just preliminary) of the so-called 'study' from PwC, which basically did what it was paid for (pay to say)

  20. Links 22/10/2016: Deus Ex for GNU/Linux, Global DDoS (DNS)

    Links for the day

  21. Battistelli-Commissioned PwC ‘Study’: Survey Comparison Shows Serious Deterioration and Efforts by PwC to Disguise the Truth

    The latest output from PwC turns out to be even worse than initially thought, indicating that not only did it find a degradation in the EPO but also attempted to hide/obscure it

  22. EPO Teaser - The "Iberian Connection" - Some Photos of García-Escudero and His Royal/Government Connections

    A look at the undeniably close connections between Mr. García-Escudero and the most powerful people in Spain

  23. Disruption to Site's Service

    A technical note about why Techrights has not been publishing many articles recently

  24. Links 21/10/2016: MPV 0.21, Mad Max for GNU/Linux

    Links for the day

  25. EPO Caricature: Battistelli's High Five

    Another cartoon about the sad state of the EPO

  26. Battistelli Ruins Not Only the EPO But Also the Whole of Europe By Ushering in Software Patents That Patent Trolls Love So Much

    Battistelli's bad leadership at the EPO threatens to bring to Europe all the ills and menaces of the patent system in the United States

  27. EPO Spokesman Lies to IP Watch in Order to Save Face and Save the King (Battistelli)

    Rewriting history (revisionism) regarding Battistelli and what was demanded amidst abusive behaviour from him

  28. Unitary Patent (UPC) is Dead, But 'Managing IP' and Selfish Patent Law Firms Still Try to Resurrect It

    The latest attempts to shore up the Unitary (or Unified) Patent Court and who's behind it other than the usual suspects

  29. Links 20/10/2016: Linux 4.10 Preview, ONF and ON.Labs to Merge

    Links for the day

  30. Battistelli-Commissioned PwC 'Study': The Raw Outcome Shows Distortion of the Facts at the EPO's Notorious 'Social Conference'

    Results of the Staff Survey carried out by PwC, in order to provide some propaganda for Battistelli's expensive Social Conference


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


Recent Posts