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

11.08.10

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. UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

    Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC



  2. The Sickness of the EPO – Part III: Invalidity and Suicides

    An explanation of what drives a lot of EPO veterans to depression and sometimes even suicide



  3. The Appeal Board (PTAB) and Federal Circuit (CAFC) Maintain Good Pace of Patent Elimination Where Scope Was Exceeded

    The Court of Appeals for the Federal Circuit (CAFC) continues to accept about 4 out of 5 decisions of the Patent Trial and Appeal Board (PTAB) and the US Supreme Court (SCOTUS) refuses to intervene



  4. Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

    The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn't liking what has happened in the United States and it wants everything reversed



  5. Report From Yesterday's Debate About the European Patent Office (EPO) at the Bavarian Landtag

    A report of the EPO debate which took place at the Bavarian Landtag yesterday (21/2/2017)



  6. Links 22/2/2017: Wine-Staging 2.2, Nautilus 3.24

    Links for the day



  7. French Politician Richard Yung Tells the Government About Abuses at the European Patent Office (EPO)

    The subject of EPO scandals has once again landed in French politics, just a couple of months since it last happened



  8. The Sickness of the EPO – Part II: Background Information and Insights

    With a privatised, in-house (sometimes outsourced and for-profit) force for surveillance, policing, justice, public relations and now medical assessment (mere vassals or marionettes of the management) the EPO serves to show that it has become indistinguishable from North Korea, where the Supreme Leader gets to control every single aspect (absolutely no separation of powers)



  9. EPO Cartoon/Caricature by KrewinkelKrijst

    A new rendition by Dutch cartoonist and illustrator KrewinkelKrijst



  10. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  11. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  12. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse



  13. Links 21/2/2017: KDE Plasma 5.9.2 in Chakra GNU/Linux, pfSense 2.3.3

    Links for the day



  14. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  15. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  16. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  17. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  18. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  19. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  20. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  21. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  22. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  23. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  24. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)



  25. Links 17/2/2017: Wine 2.2, New Ubuntu LTS

    Links for the day



  26. Bad Advice From Mintz Levin and Bejin Bieneman PLC Would Have People Believe That Software Patents Are Still Worth Pursuing

    The latest examples of misleading articles which, in spite of the avalanche of software patents in the United States, continue to promote these



  27. Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

    Patent maximalism and distortion of concepts associated with patents tackled again, for terminology is being hijacked by those who turned patents into their "milking cows"



  28. SoftBank Group, New Owner of ARM, Could Potentially Become (in Part) a Patent Troll or an Aggressor Like Qualcomm

    SoftBank grabbed headlines (in the West at least) when it bought ARM, but will it soon grab headlines for going after practicing companies using a bunch of patents that it got from Inventergy, ARM, and beyond?



  29. Technicolor, Having Turned Into a Patent Troll, Attacks Android/Tizen/Linux With Patents in Europe

    Technicolor, which a lot of the media portrayed as a patent troll in previous years (especially after it had sued Apple, HTC and Samsung), is now taking action against Samsung in Europe (Paris, Dusseldorf and Mannheim)



  30. Michelle Lee is Still “in Charge” of the US Patent System

    Contrary to a malicious whispering campaign against Lee (a coup attempt, courtesy of patent maximalists who make a living from mass litigation), she is still in charge of the 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