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

03.21.11

Patent Extortion Still Microsoft’s Primary Anti-Linux Strategy, Show New Lawsuits

Posted in GNU/Linux, Google, Microsoft, Patents at 5:07 pm by Dr. Roy Schestowitz

“Where are we on this Jihad?”

Bill Gates

Ballmer on patents
Original cartoon

Summary: Microsoft sues three more companies for using the Linux-based Android whilst In Re Bilski reportedly invalidates computer system patent claims

MY WIRED INTERNET connection ought to be set up by midnight tomorrow, but there is not a moment even to rest before the miserable, unethical bully is trying to make money out of the competition. Microsoft wants the world to know that it owns Android and any Android user must pay for some unknown patents that are not even valid outside the United States and were never really brought to court (it all began with Novell’s secret patent deal in 2006). As the Motorola case shows, Microsoft wants to prevent such cases from leaving Android and Linux in the clear, so it puts up heaps of ammunition, trying to lead to mysterious settlements. It’s the SCO tactic, but this time Microsoft is litigating directly rather than fund those who already do. Barnes & Noble, Foxconn, and Inventec probably refused to pay Microsoft, so the arrogant monopolist is suing, as if it owns the entire industry, even its competition which is based on Free/libre software, where patents are rightly seen as antithetical. Microsoft is suing all three companies simultaneously (or at least announcing it in this fashion), which means it is trying to make them buckle under legal fees/burden and scare anybody else who uses Linux in a device. Here is the FUD from Microsoft:

Microsoft Corp. today filed legal actions in the International Trade Commission and the U.S. District Court of the Western District of Washington against Barnes & Noble, Inc. and its device manufacturers, Foxconn International Holdings Ltd. and Inventec Corporation, for patent infringement by their Android-based e-reader and tablet devices that are marketed under the Barnes & Noble brand.

This is fancy language for racketeering [1, 2, 3, 4, 5, 6, 7], trying to make the mafia look like a gentlemen’s club, as usual. Microsoft Florian is jubilant about it, as usual (celebrations in his blog, the clients must be happy!). But Microsoft will carry on telling the gullible ones that it “loves open source”, right? The OSI is not buying it.

To end this with a less negative tone, there is good news about the case of Bilski, which now invalidates “Computer System Claims”. To quote the primary source, “In an interesting opinion, DC District Court Judge Rosemary Collyer has ruled Alice Corp’s four asserted patents invalid under 35 U.S.C. § 101 for failing to claim patentable subject matter. This case can be seen as flowing from the Supreme Court’s recent decision in Bilski v. Kappos, 130 S. Ct. 3218 (2010).”

“This hopefully validates our focus on the patent issues and on Microsoft, which is very unique in that regard.”This not the first such example of In Re Bilski killing CII-type patents. Here is one example that we covered. On the other hand, Microsoft has been trying to pollute Europe with software patents, as we last showed the other night. See the new tweet which says: “”algorithms”, yay #swpat #assuch http://j.mp/eTsswT · RT @EPOorg: Patent examiner jobs at the EPO: www.epo.org/examiner-fields”

Microsoft’s relentless lobbying is trying to make software patents go global, which harms not only Linux but just about any company that develops or even uses software. As far as Microsoft is concerned, the whole world can be nuked if it’s profitable for Microsoft. The latest story teaches us why Linux is winning (Microsoft cannot compete fairly), but software patents are an unjust element of the US industry — an element that must be eliminated. Additionally, it shows that Microsoft is no longer much of a producing company, it’s just a parasite which deserves to go bankrupt immediately, just like SCO. This hopefully validates our focus on the patent issues and on Microsoft, which is very unique in that regard.

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. The EPO Has Found 'Creative' New Ways to Bribe the Media and Promote Software Patents

    From Computer-Implemented Inventions (CII) and "Industry 4.0" the EPO is moving to creative new misnomers for carriers of software patents, SEP (patents-encumbered 'standards'), so-called 'FRAND' etc.



  2. EPO Busy Distracting From Miscarriage/Abuse of Justice at the EPO (Both Office and Organisation)

    The European Patent Organisation continues to be a vassal of the Office (Christoph Ernst is defending Battistelli) and justice is not being honoured; it's being discarded in the darkness (in secret meetings)



  3. Bristows LLP/IP Kat Carrying on With Dead UPC Jingoism

    The same old tune from Bristows not only gets played in Bristows' 'alternate reality' blog but also in other blogs where Bristows staff is 'contributing' (to confusion and misconceptions)



  4. Links 16/12/2017: Mesa 17.2.7, Wine 3.0 RC2, Kdenlive 17.12.0, Mir 0.29

    Links for the day



  5. Patrick Corcoran is Innocent, Yet Battistelli Will/May Have the Power to Sack Him Next Month (in DG1)

    The EPO's Administrative Council does not want to even mention Patrick Corcoran, as merely bringing that up might lead to the suggestion that Benoît Battistelli should be fired (yes, they can fire him), but to set the record straight, at the EPO truth-tellers are punished and those whom they expose are shielded by the Administrative Council



  6. Patent Trolls Are Going Bust in the United States (Along With the 'Protection' Racket Conglomerates)

    RPX continues its gradual collapse and patent trolls fail to find leverage now that software patents are kaput and patent opportunists struggle to access Texan courts



  7. IBM's Manny Schecter is Wrong Again and He is Attempting to Justify Patent Trolling

    In yet another dodgy effort to undermine the US Supreme Court and bring back software patents, IBM's "chief patent counsel" (his current job title) expresses views that are bunk or "alternative facts"



  8. EPO Administrative Council Disallows Discussion About Violations of the Law by Benoît Battistelli

    The EPO crisis is not ending for the Administrative Council does not want to tackle any of the obvious problems; Patrick Corcoran is a taboo subject and Ernst is coming across as another protector of Benoît Battistelli, based on today's meeting (the second meeting he chairs)



  9. Links 13/12/2017: GIMP 2.9.8, Fedora 25 End Of Life, AltOS 1.8.3

    Links for the day



  10. Judge Corcoran Got His User ID/Desk Back (as ILO Asked), But Cannot Perform Actual Work

    The latest update regarding Patrick Corcoran, whose 3-year ordeal is far from over in spite of ILO's unambiguous rulings in his favour



  11. The End of Software Patents and PTAB's Role in Enforcing That End

    Software patents are fast becoming a dying breed and the appeal board (PTAB) of the USPTO accelerates this trend, irrespective of patent immunity attempts



  12. No, China Isn't Most Innovative, It's Just Granting a Lot of Low-Quality Patents

    Patent extremists are trying to make China look like a role model or a success story because China grants far too many patents, spurring an explosion in litigation



  13. Battistelli-Campinos Transition Will Be a Smooth One as the Administrative Council Remains the Same and the Boards Still Besieged

    A rather pessimistic (albeit likely realistic) expectation from tomorrow's meeting of the Administrative Council, which continues to show that no lessons were learned and no strategy will be altered to avoid doom (low-quality patents and stocks running out)



  14. Links 12/12/2017: New BlackArch ISO and Stable Kernels

    Links for the day



  15. German Media Helps Cover Up -- Not Cover -- the Latest EPO Scandal

    EPO-Handelsblatt attention diversion tricks may be effective as German media barely shows interest in one of the EPO's biggest scandals to date



  16. PTAB Haters Fail to Guard Bogus Patents, But They Still Try

    Three Affiliated Tribes probably won't enjoy sovereign immunity from PTAB, Dennis Crouch won't manage to slow down PTAB, and patent litigation will stagnate as bad patents perish before they even land in a lawsuit



  17. Team UPC's Tilmann Defends Rogue Vote at 1 AM in the Morning With Just 5% of Politicians (Those With Vested Interests) Attending

    Just when German democracy is being stolen by a legislative coup (in the dead of night when 95% of politicians are absent/asleep) there's someone 'courageous' enough to rear his ugly head and attempt to justify that coup



  18. The Mask Falls: Lobbyist David Kappos Now Composes Pieces for the Patent Trolls' Lobby (IAM)

    David Kappos, a former USPTO Director who is now lobbying for large corporations that derive revenue from patent extortion, is writing for IAM even if his views are significantly biased by his aggressive paymasters (just like IAM's)



  19. The EPO Protest Tomorrow Isn't Just About Judge Corcoran But About the EPO as a Whole

    PO staff is about to protest against the employer, pointing out that "Battistelli is still showing a total and utter lack of respect not only for his staff and their rights but also for the Administrative Council and for the Tribunal"



  20. Claim: Judge Corcoran to Be Put Under Benoît Battistelli's Control in DG1

    Benoît Battistelli, who openly disregards and refuses to obey judges (while intervening in trials and delivering 'royal decrees' whenever it suits him), may soon gain direct control over the judge he hates most



  21. The European Patent Organisation Refrains (For Nearly a Week) From Speaking About Battistelli's Abuses as Judged by ILO Tribunal

    The EPO's silence on the matter of Patrick Corcoran is deafening; to make matters worse, the EPO continues to pollute media and academia with money of stakeholders, with the sole intention of lobbying and misleading news coverage (clearly a disservice to these stakeholders)



  22. Carl Josefsson Lets Judge Patrick Corcoran Come Back to Work at the EPO

    After initial reluctance to obey/respect the rulings from the ILO (security staff declining access) there is official permission for Patrick Corcoran to enter and resume work (following 3 years of injustice against him)



  23. Bristows is Being Hammered With Negative Comments For Its Unitary Patent (UPC) Lies

    The Unified Patent Court (UPC) is practically dead in the UK and Ireland; Bristows, nevertheless, continues with its desperate spin



  24. Links 11/12/2017: Linux 4.15 RC3, Debian 8.10 and Debian 9.3

    Links for the day



  25. Judge Corcoran Turns to His Government for Help and EPO 'House Ban' is Finally Lifted

    Sources that are very reliable say that Patrick Corcoran is coming back to work, however it's now clear when and how long for



  26. Raw: Battistelli's Control/Domination Over the Boards of Appeal

    An old EPO document internally voicing concerns about the lack of independence at the Boards of Appeal



  27. Raw: Conflicts of Interest of EPO Vice-President

    An old EPO concern regarding structural collisions and mixed loyalties



  28. Microsoft-Connected Patent Trolls Are Increasingly Active and Microsoft is Selling 'Protection' (Azure Subscriptions)

    There are several indications that Microsoft-connected shells, which produce no products and are threatening a large number of companies, are inadvertently if not intentionally helping Microsoft sell "indemnification" ("Azure IP Advantage," which echoes the Microsoft/Novell strategy for collecting what they called "patent royalties" one decade ago)



  29. Yes, RPost is Definitely a Patent Troll and Its Software Patents Are at Risk Thanks to Alice

    The latest whitewashing (or reputation-laundering) pieces from Watchtroll, which tries to justify patent-trolling activities with software patents, typically in the Eastern District of Texas



  30. The Latest Scams in the Patent World

    Examples of 'dirty laundry' of the patent microcosm, which it understandably does not like covering (as it harms confidence in their services/advice)


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