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. Links 29/9/2016: Russia Moving to FOSS, New Nmap and PostgreSQL Releases

    Links for the day



  2. Team UPC is Interjecting Itself Into the Media Ahead of Tomorrow's Lobbying Push Against the European Council and Against European Interests

    A quick look at the growing bulk of UPC lobbying (by the legal firms which stand to benefit from it) ahead of tomorrow's European Council meeting which is expected to discuss a unitary patent system



  3. IP Kat is Lobbying Heavily for the UPC, Courtesy of Team UPC

    When does an IP (or patent) blog become little more than an aggregation of interest groups and self-serving patent law firms, whose agenda overlaps that of Team Battistelli?



  4. Leaked: Conclusions of the Secretive EPO Board 28 Meeting (8th of September 2016)

    The agenda and outcome of the secretive meeting of the Board of the Administrative Council of the EPO



  5. Letter From the Dutch Institute of Patent Attorneys (Nederlandse Orde van Octrooigemachtigden) to the Administrative Council of the EPO

    The Netherlands Institute of Patent Attorneys, a group representing a large number of Dutch patent practitioners, is against Benoît Battistelli and his horrible behaviour at the European Patent Office (EPO)



  6. EPO's Board 28 Notes Battistelli's “Three Current Investigations/Disciplinary Proceedings Involving SUEPO Members in The Hague."

    The attack on SUEPO (EPO staff representatives) at The Hague appears to have been silently expanded to a third person, showing an obvious increase in Battistelli's attacks on truth-tellers



  7. Links 28/9/2016: Alpine Linux 3.4.4, Endless OS 3.0

    Links for the day



  8. Cementing Autocracy: The European Patent Office Against Democracy, Against Media, and Against the Rule of Law

    The European Patent Office (EPO) actively undermines democracy in Europe, it undermines the freedom of the press (by paying it for puff pieces), and it undermines the rule of law by giving one single tyrant total power in Eponia and immunity from outside Eponia (even when he breaks his own rules)



  9. Links 28/9/2016: New Red Hat Offices, Fedora 25 'Frozen'

    Links for the day



  10. Team Battistelli Intensifies the Attack on the Boards of Appeal Again

    The lawless state of the EPO, where the rule of law is basically reducible to Battistelli's ego and insecurities, is again demonstrated with an escalation and perhaps another fake 'trial' in the making (after guilt repeatedly fails to be established)



  11. After the EPO Paid the Financial Times to Produce Propaganda the Newspaper Continues to Produce UPC Puff Pieces, Just Ahead of EU Council Meeting

    How the media, including the Financial Times, has been used (and even paid!) by the EPO in exchange for self-serving (to the EPO) messages and articles



  12. Beware the Patent Law Firms Insinuating That Software Patents Are Back Because of McRO

    By repeatedly claiming (and then generalising) that CAFC accepted a software patent the patent microcosm (meta-industry) hopes to convince us that we should continue to pursue software patents in the US, i.e. pay them a lot more money for something of little/no value



  13. The US Supreme Court Might Soon Tighten Patent Scope in the United States Even Further, the USPTO Produces Patent Maximalism Propaganda

    A struggle brewing between the patent 'industry' (profiting from irrational saturation) and the highest US court, as well as the Government Accountability Office (GAO)



  14. Patent Trolling a Growing Problem in East Asia (Software Patents Also), Whereas in the US the Problem Goes Away Along With Software Patents

    A look at two contrasting stories, one in Asia where patent litigation and hype are on the rise (same in Europe due to the EPO) and another in the US where a lot of patents face growing uncertainty and a high invalidation rate



  15. The EPO's Continued Push for Software Patents, Marginalisation of Appeals (Reassessment), and Deviation From the EPC

    A roundup of new developments at the EPO, where things further exacerbate and patent quality continues its downward spiral



  16. The Battistelli Effect: “We Will be Gradually Forced to File Our Patent Applications Outside the EPO in the Interests of Our Clients”

    While the EPO dusts off old files and grants in haste without quality control (won't be sustainable for more than a couple more years) the applicants are moving away as trust in the EPO erodes rapidly and profoundly



  17. Links 27/9/2016: Lenovo Layoffs, OPNFV Third Software Release

    Links for the day



  18. The Moral Depravity of the European Patent Office Under Battistelli

    The European Patent Office (EPO) comes under heavy criticism from its very own employees, who also seem to recognise that lobbying for the UPC is a very bad idea which discredits the European Patent Organisation



  19. Links 26/9/2016: Linux 4.8 RC8, SuperTux 0.5

    Links for the day



  20. What Insiders Are Saying About the Sad State of the European Patent Office (EPO)

    Anonymous claims made by people who are intimately familiar with the European Patent Office (from the inside) shed light on how bad things have become



  21. The EPO Does Not Want Skilled (and 'Expensive') Staff, Layoffs a Growing Concern

    A somewhat pessimistic look (albeit increasingly realistic look) at the European Patent Office, where unions are under fire for raising legitimate concerns about the direction taken by the management since a largely French team was put in charge



  22. Patents Roundup: Accenture Software Patents, Patent Troll Against Apple, Willful Infringements, and Apple Against a Software Patent

    A quick look at various new articles of interest (about software patents) and what can be deduced from them, especially now that software patents are the primary barrier to Free/Libre Open Source software adoption



  23. Software Patents Propped Up by Patent Law Firms That Are Lying, Further Assisted by Rogue Elements Like David Kappos and Randall Rader (Revolving Doors)

    The sheer dishonesty of the patent microcosm (seeking to bring back software patents by misleading the public) and those who are helping this microcosm change the system from the inside, owing to intimate connections from their dubious days inside government



  24. Links 25/9/2016: Linux 4.7.5, 4.4.22; LXQt 0.11

    Links for the day



  25. Patent Quality and Patent Scope the Unspeakable Taboo at the EPO, as Both Are Guillotined by Benoît Battistelli for the Sake of Money

    The gradual destruction of the European Patent Office (EPO), which was once unanimously regarded as the world's best, by a neo-liberal autocrat from France, Benoît Battistelli



  26. Bristows LLP's Hatred/Disdain of UK/EU Democracy Demonstrated; Says “Not Only Will the Pressure for UK Ratification of the UPC Agreement Continue, But a Decision is Wanted Within Weeks.”

    Without even consulting the British public or the European public (both of whom would be severely harmed by the UPC), the flag bearers of the UPC continue to bamboozle and then pressure politicians, public servants and nontechnical representatives



  27. Released Late on a Friday, EPO Social 'Study' (Battistelli-Commissioned Propaganda) Attempts to Blame Staff for Everything

    The longstanding propaganda campaign (framing staff as happy or framing unhappy staff as a disgruntled minority) is out and the timing of the release is suspicious to say the least



  28. Links 23/9/2016: Latest Microsoft and Lenovo Spin (Now in ‘Damage Control’ Mode)

    Links for the day



  29. White Male-Dominated EPO Management Sinks to New Lows, Again

    Benoît Battistelli continues to make the EPO look like Europe's biggest laughing stock by attempting to tackle issues with corny photo ops rather than real change (like SUEPO recognition, diverse hiring, improved patent quality, and cessation of sheer abuses)



  30. Journalism 102: Do Not Become Like 'Managing IP' or IAM 'Magazine' (the Megaphones of the EPO’s Management)

    Another look at convergence between media and the EPO, which is spending virtually millions of Euros literally buying the media and ensuring that the EPO's abuses are scarcely covered (if ever mentioned at all)


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