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

01.17.11

Microsoft Co-founder — Like Microsoft and Intellectual Ventures — Helps Add Patent Tax to Linux

Posted in Bill Gates, GNU/Linux, Google, Microsoft, Patents at 4:52 pm by Dr. Roy Schestowitz

Hand on keyboard

Summary: Our extensive coverage (primarily with links) about the refiled Traul Allen [sic] lawsuit, which this time mentions the Linux-powered Android as a target

THE PREVIOUS two posts covered patent troll Intellectual Ventures [1, 2]. In the latter part we showed allegation that Microsoft’s former CTO had begun extorting Linux using software patents and we deliberately separate this from Traul Allen’s similar action. Allen is Microsoft’s co-founder and the ‘Microsoft press’ makes it clear that Facebook, which is a patent abuser-aggressor, is among those hit. We last mentioned Facebook in relation to the Goldman Sachs ‘bubble machine’ and Groklaw‘s response to it was: “Surprise. The SEC announces an investigation of the Goldman Sachs workaround (“We’re only one shareholder, really, just privately sharing with our best friends a little bit”) and presto, chango, Facebook suddenly is talking going public.”

“Haven’t we seen this type of scam before? Harming society for the sake of some stocks and patents while claiming to do ‘charity’?”Anyway, Facebook’s inclusion in Allen’s list is a subject we touched on before and it is better to concentrates on Allen’s impact on Free software. The Seattle press is pretty useless for unbiased information because he is worshipped there just like the Gates Foundation. Money tilts coverage. Here is an example of Allen buying the hearts of Washington State (example from end of November) with another report here and a new (to us) disclosure that he wants “to run his own private investment office.”

Haven’t we seen this type of scam before? Harming society for the sake of some stocks and patents while claiming to do ‘charity’? We saw that coming.

As usual, the Seattle Weekly stands out of from crowd by taking a bolder step and generalising a little. The title is “Paul Allen Still Determined to Sue the Internet” and it is critical:

Microsoft co-founder and 400-foot yacht-owner Paul Allen is determined to sue the pants off the internet. Well, maybe not the entire internet, per se, but rather a bevy of the biggest companies around that use it.

Allen’s lawsuit was originally filed in August, after his platoon of lawyers poured over his patents and came up with a way to argue that he practically invented the internet in his Interval Licensing lab in Palo Alto that’s been closed now for 10 years.

Groklaw generalises by saying that Allen sues the whole world and Robert Pogson has his own take too:

There should be a law against trolling like this. I remember using software that does this kind of stuff in the 1970s before the web was around. Even a table of contents or an index could be said to infringe. This is so vague it should also be chucked. Perhaps they will tweak the court’s interest with a third amended complaint or add a few hundred other software patent claims.

Here are responses from LWN. It’s pretty much as expected and Microsoft Florian posts more anti-Android rhetoric in Twitter (he claims to be using Android but links to inflammatory/Google-hostile news of this type). Jan Wildeboer, who used to know Florian personally, interprets this as follows:

So now [Florian] claims Android could be killed by MSFT/Allen patents. Why am I not surprised? I guess Google should pay FRAND to MSFT?

Jan Wildeboer points to this old page about Microsoft Florian and stresses: “This is what [Florian] had to say on FRAND some years ago” (by the way, Wildeboer posts primarily in Identi.ca and like many of us he also passes output to Twitter where more people reside, including Microsoft Florian).

Basically, the Microsoft boosters keep painting this mostly as problem to Android, perhaps because they want to scare phone makers*. What Allen is doing makes sense on the one hand, but it is also odd because on the other hand “Kiha Raises $20 Million From Paul Allen To Build A Mobile Assistant” and it targets Android:

Seattle-based Kiha Software, which has raised $20 million from Microsoft (NSDQ: MSFT) co-founder Paul Allen, launched Aro Mobile, a product in beta for Android devices that it supposed to make your phone smarter, and link together email, SMS, calendar and contacts to make your phone into a virtual assistant.

Microsoft has been very aggressive against Android recently it is now being daemonised further, says a Forbes blogger. There is an attempt to put Bong [sic] on Linux-based Android phones across all U.S. operators [1, 2, 3,, 4], which works well as a Trojan horse. Microsoft cannot stop Android anymore, so it is trying to make Android subservient and profitable for Microsoft.

Google is now under fire and Google’s Android (or Linux) too, by association. One article headline says that Google Fights Back in Patent Suit vs. Microsoft Co-Founder:

Google said Interval failed to identify how Google has infringed on his patents, the underlying technology at issue, and the products or services offered by Google that are alleged to infringe.

When it had just been published in the news (before the new year) Groklaw wrote: “It’s not on PACER yet, so likely one of the parties provided it to the journalist, which as I’ve mentioned in the past is a common event. What is interesting is that the complaint attacks Android directly, surprise, surprise: “54. Defendant Google has infringed and continues to infringe at least claims 1, 3, 7, 9, 10, 12, 13, and 15 of the ’314 patent under 35 U.S.C. § 271 by making, using, selling, distributing, and encouraging customers to use devices containing the Android Operating System and associated software such as Text Messaging, Google Talk, Google Voice, and Calendar, and by making and using the hardware and software that operate the Android and Android Market infrastructure. Google’s infringement of the ’314 patent that relates to Android results from substantially the same activities as its infringement of the ’652 patent, described above in ¶ 44.””

“As a reminder, Microsoft has already attempted to feed patent trolls with Linux-oriented patents.”This can add to Microsoft patent tax and yet seem to be totally independent from Microsoft. As a reminder, Microsoft has already attempted to feed patent trolls with Linux-oriented patents. Luckily, it got caught and stopped by the OIN [1, 2, 3, 4, 5, 6].

This whole situation got a lot of people upset and to cite just one example, John C. Dvorak published “Software Patents Have Got to Go!” (also see “Software Patents: Good Idea or Got to Go?”):

All the brouhaha with Paul Allen suing, well, everyone makes it even clearer that software and process patents need to go.

If you haven’t noticed, Paul Allen has sued Apple, Yahoo, Google and other websites over some patents he holds that preclude just about anyone from doing anything modern via a website or browser. I find the brouhaha highly amusing, and it brings up a number of questionable situations.

In addition, see articles such as “Paul Allen refiles to sue the world”; “Paul Allen revises patent suit against 11 tech firms”; “Paul Allen revises patent suit, targets Android, Apple iTunes”; “Paul Allen Refiles Patent Case VS Apple, Google, Etc.”; “Paul Allen amends lawsuit against Facebook, Apple and others” and “Microsoft co-founder Paul Allen re-files patent suit against Apple” .

“The scratching patent is small beer. He is working on a breathing patent, it never happened until his birth.”
      –Satipera
As a joke, our reader Satipera wrote: “Paul Allen says he was the first person to scratch his bollocks , and if you think you did it before him see you in court. #swpats #humour”

Agent Smith replied with: “Oh, Oh, now he wants to earn money just for scratching his bollocks and nothing more… Why need to work, when he can sue ?”

To which Satipera responded as follows: “The scratching patent is small beer. He is working on a breathing patent, it never happened until his birth. #swpats #humour”

He also posted a link to “Patent Troll Alert: Paul Allen Tries Again to Scam the World”. [hat tip: Satipera]

Let us be very specific here: A patent has become nothing more than a rubber stamp passing the whole thing over to the courts to figure out what might be true and then collect money from somebody. In other words, today’s Patent Law is a litigation make-work program to protect the welfare of the legal profession and the courts.

That last statement nicely leads into future posts we’ll make very shortly about the system which enables all this abuse.
_____
* It is hard to tell what happens privately, but Microsoft mobbyists appear to have already ‘briefed’ (by mass-mailing) journalists for anti-Linux tilt. Some of the FUD-spreading mobbyists spin this Interval suit (simply revised, same targets) as someone legitimately attacking Linux for infringement (because it is mentioned briefly, further down in “¶ 44″ and “¶ 54″).

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. Interesting Supreme Court Cases About Patents in the United States

    A quick review of some of the latest developments regarding SCOTUS (the US Supreme Court) as far as patents go



  2. Governments in Europe Still Active Against EPO Management

    There is still political work being done -- albeit rather discreetly -- against Battistelli and his goons at the European Patent Office's top-level management



  3. The European Spam Office (EPO)

    EPO budget at 'work', days after doing copy-paste jobs and also working overtime in the weekend for an extravagant and needless/purposeless event (except for Battistelli's own pride)



  4. Not Just Benoît Battistelli and Willy Minnoye (EPO): Željko Topić Too Thinks He is Above the Law, Avoids the Judges and Courts

    The latest developments regarding some of the criminal complaints and civil lawsuits against Topić, who is now a Vice-President at the European Patent Office (EPO)



  5. Nefarious Forces for Patent Abuse and Software Patents in the United States, Australia, India, Korea, and Europe

    A roundup of news from the weekend and today, with emphasis on the elements inside the system (or the media) which push for regressive policies that benefit them financially at the expense of everybody else



  6. [ES] El Sistema de Patentes de los EE.UU: Donde Uno Desperdicia Años en Corte y Gasta $8,000,000 en Honorarios de Abogados Peleándo una Patente Falsa

    un sumario de noticias acerca de las patentes de software en los EE.UU. Y ha lo que han llevado, debido en gran manera al decline en calidad de las patentes por parte de la USPTO (dejando que otros se las arreglen limpiando el desórden)



  7. [ES] La Oficina Europea de Patentes Todavía Sigilósamente Abusiva, Pagará $15,000 en Compensasió a Trabajadora Tras un Tardío Fallo de la ILO

    La Organización Internacional del Trabajo (ILO) emite un fallo en un caso de abuso de la EPO y nota “la excesiva duración de los procedimienteos internos de apelación.”



  8. Links 2/5/2016: Linux 4.6 RC6, DragonBox Pyra

    Links for the day



  9. Links 1/5/2016: Wine 1.9.9, Devuan Jessie 1.0 Beta

    Links for the day



  10. The US Patent System: Where One Wastes Years in Court and Spends $8,000,000 in Lawyers' Fees Fighting a Bogus Patent

    A roundup of news about software patents in the US and what they have led to, owing in part to the USPTO's declining patent quality (leaving others to clean up its mess)



  11. The European Patent Office Still Silently Abusive, Will Pay $15,000 in Compensation to Female Worker After Belated ILO Judgment

    The International Labour Organisation (ILO) issues a judgment on a case of abuse by the EPO and notes "excessive length of the internal appeal proceedings."



  12. [ES] Alice Continúa Quebrando Patentes de Software Asi Que los Abogados de Patentes, Cabilderos de los Monopolistas, Etc. Ahora Atacan a la Corte Suprema por Hacer Esto

    los cabilderos Corpórativos y abogados de patentes están tratándo de poner a Alicia en la tumba, por su impacto en las patentes de software que es muy profundo y así hasta ahora casi indetenible



  13. [ES] ¿Cómo Salvar la Reputación de la EPO?: Crear Más Jurados de Apelaciónes en Europa y Abolir la Malgíada/Malintencionada Fantasía de la UPC

    Una crítica evaluación de lo que ocurre en la Oficina Europea de Patentes (EPO), la que rápidamente se está yendo para abajo (y degradando sobre todo) a el nivel de los sistemas Chinos, en conjuntamente con corrupción, los abusos, y la bajísima calidad de las patentes



  14. [ES] La Corte de Apelaciónes del Circuito Federal (CAFC) Acaba de Ponerse a Favor de los Trolles de Patentes

    la tristémente célebre CAFC, que manifestó las patentes de software en los EE.UU, acaba de dar un regalo a los trolles de patentes quienes típicamente usan las patentes de software para extorsión enc complicidad con los jueces del Este de Texas



  15. [ES] Análisis de los Últimos Datos de Lex Machina Acerca de la Litigación de Patentes Muestra Como está Declinándo

    el Professor Mark Lemley de Lex Machina resalta las tendencias en litigation al colectar y analizar datos relacionados con patente y concerniéntes a monopolios intelectuales en general; actualmente muestra una sequía de litigaciones (muestran que ha disminuído)



  16. [ES] La India Está Teniendo Otra Prueba de los Peligros de las Patentes Occidentales, Debe Aprender a Rechazar Completamente las Patentes de Software en Medio de Gran Presión

    El gigante de software que es la India continua enfrentándos ea la cruel y agresivo cabildeo de Occidente, haciéndo que este controle a la India por patentes que no deberían de existir en primer lugar



  17. [ES] Microsoft Dice que Continuará Extorsiónando a Compañías Que Distribuyan Linux, Usando Patentes de Software Usuallmente

    La guerra de Microsoft contra Linux, una guerra que es peleada usando patentes de software patents (por ganancias y/o por chantáje con arreglos empaquetados), todavía continúa a pesar de todas las tácticas de relaciónes públicas de Microsoft y sus sócios



  18. Alice Continues to Smash Software Patents So Patent Lawyers, Monopolists' Lobbyists Etc. Now Attack the Supreme Court for Doing This

    Corporate lobbyists and patent lawyers are trying to put Alice in the grave, for its impact on software patents is very profound and thus far almost unstoppable



  19. How to Salvage the EPO's Reputation: Create More Boards of Appeal in Europe and Abolish the Misguided UPC Fantasy

    A critical evaluation of what goes on at the European Patent Office (EPO), which is quickly descending down (and overall degrading) to the level of Chinese systems, along with the corruption, the abuses, and the low quality of patents



  20. Court of Appeals for the Federal Circuit (CAFC) Has Just Sided With Patent Trolls

    The notorious CAFC, which manifested software patents in the United States, has just given a gift to patent trolls that typically use software patents for extortion down in Texas



  21. Analyses of the Latest Data From Lex Machina About Patent Litigation Show Some Litigation Declines

    Professor Mark Lemley's Lex Machina highlights litigation trends by collecting and analysing data related to patents and pertaining to intellectual monopolies in general; now it shows litigation droughts



  22. India is Having Another Taste of the Dangers of Western Patents, Must Learn to Reject Software Patents in the Face of Great Pressure

    The growing software giant which is India continues to face cruel and aggressive lobbying from the West, enabling the West to control India by patents that should not exist in the first place



  23. Links 29/4/2016: GNOME 3.21.1, Fairphone

    Links for the day



  24. Microsoft Says It Will Continue to Extort Companies That Distribute Linux, Using Software Patents As Usual

    Microsoft's war on Linux, a war which is waged using software patents (for revenue and/or for coercion in bundling deals), is still going on in spite of all the PR tactics from Microsoft and its paid partners



  25. Australia Might be Next to Block Software Patents If Commission's Advice is Followed

    Australian advice against software patents, which can hopefully influence Australian politicians and put an end, once and for all, to all software patents in Australia



  26. [ES] ''Si la Forma de Pensar de la EPO fuese Seguida, Guantánamo Sería Posible en Suelo Alemán.”

    La EPO está todavía bajo fuego, pero mucho de ello pasa detrás de las cortinas y envuelve abogados y/o burócratas



  27. The European Copy-Paste Office (EPO)

    This morning's example (not the first) of how the EPO uses 'social' media



  28. Links 28/4/2016: Fedora 24, EE Goes Open Source

    Links for the day



  29. Amid Referendum “the New European Unitary Patent System is Likely to Collapse Before It Started”

    The Unitary Patent Court (UPC) vision seems like it may be just one month away from its gradual death, depending on British voices amongst other key factors



  30. USTR is Trying to Shame and Bully India Into Introducing Software Patents in India

    Lobbying body of the US (corporations-led) is trying its usual dirty tactics against India's sound policy which excludes software/algorithms from patent scope


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