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

04.04.11

Software Patent Supporters Among ‘Us’

Posted in Microsoft, Patents, Red Hat at 11:50 am by Dr. Roy Schestowitz

Summary: Black Duck, Microsoft, Hadapt, and Red Hat talk about products and/or patents which relate to them

AFTER this previous post, the pro-patents crowd (the lawyers who confront us over these issues) suggested we focus more attention on the company Walker Digital. To quote the relevant parts:

The first lot, for Automatically Captured Images contained only a set of patent applications and foreign patents, yet the bidding petered out at $7,000,000. Bidding for a lot described as a Single Use Transaction Code stopped at $3,000,000. The last two lots, for Driving Directions with Visual Cues and a Certified Audio Vault reached $6,000,000 and $4,500,000, respectively. Altogether, that’s $20.5 M in exchange for the freedom for one company each to practice and manufacture the technology described in these patents. Generally, when good technology is adopted by one company, it gets copied by others, so it’s entirely likely that substantial additional value exists, not just for these patents, but Walker Digital as a whole.

But how did the covenants end up being sent to auction in the first place? Earlier this year, Walker Digital announced the hiring of a consulting firm to help create value out of its substantial patent portfolio

Black Duck, the pretending-to-be-a-Free-software-company founded by a Microsoft manager, has bought Olliance Group, the group which organises the "Open Source Think Tank". At the same, Black Duck is now accepting money from Microsoft and its close friend, Accenture. With this, proprietary software zealots can influence the “Open Source Think Tank”, and effectively speak on behalf of their competition.

The Open Source Think Tank is the most unique invitation-only event of its kind, bringing together many of the world’s top thought leaders in a challenge to solve real world situations. The event is focused on the evolution and practical implications of open source and cloud computing.

It’s invitation-only, eh? Was Microsoft invited to an “Open Source Think” or does it get automatic admission by simply paying? This whole event is organised by a familiar entity.

Black Duck in reality promotes proprietary software covered by software patents. It is yet another firm that does not see the big picture and realise the hindrance to innovation by software patents. Like the Tea Party, these closed-minded firms play a game where the bigger players (Microsoft, Apple) have the advantage and exploit the smaller players without consequence or guilt. Unfortunately, there is an increasing number of misguided software companies with a patent strategy that is not progressively oriented around immediate abolition. “Our patent-pending Adaptive Query Execution™ capability is unlike any other offering in the market,” drones Justin Borgman, co-founder of Hadapt Inc. Next there will be a patent on using the equation “y=mx+b” with cloud (Internet) spreadsheet programs (that is, if one does not exist already).

Meanwhile, even Red Hat has not proven immune to the software patent bug. It’s legal team has produced harmful statements in a recent post; they spout praise and endorsement over the “strength” of Red Hat’s patent portfolio while still maintaining that the company is a fighter for patent reform:

The ranking of Red Hat’s patent portfolio as the 50th strongest in IT represents a jump of 16 spots from The Patent Board’s previous ranking on November 5, 2010.

[...]

At the same time, Red Hat continues to fight for software patent reform.

Red Hat has made itself open for accusations of hypocrisy. This is the last thing it needs at this point, especially in the light of the source code obfuscation controversy we discussed earlier. Red Hat needs to do what is right and stand up and firmly for its beliefs and the Free software community and software it originates from and depends upon. It can not continue to act like a “wishy-washy” politician if it seeks long-term viability.

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. Masking Abstract Patents in the Age of Alice/§ 101 in the United States

    There are new examples and ample evidence of § 101-dodging strategies; the highest US court, however, wishes to limit patent scope and revert back to an era of patent sanity (as opposed to patent maximalism)



  2. PTAB's Latest Applications of 35 U.S.C. § 101 and Obviousness Tests to Void U.S. Patents

    Validity checks at PTAB continue to strike out patents, much to the fear of people who have made a living from patenting and lawsuits alone



  3. France is Irrelevant to Whether or Not UPC Ever Becomes a Reality, Moving/Outsourcing de Facto Patent Examination to European Courts Managed in/Presided by France

    Team UPC is still focusing on France as if it's up for France to decide the fate of the UPC, which EPO insiders say Battistelli wants to be the chief of (the chief, it has already been decided, would have to be a Frenchman)



  4. Saint-Germain's Poisonous Legacy of "Toxic Loans": The Emperor’s New Investment Guidelines

    Details about a secret vote to 'gamble' the EPO's budget on "a diversified portfolio managed by external experts"



  5. Saint-Germain's Poisonous Legacy of "Toxic Loans": Cautionary Tale for the EPO?

    Preface or background to a series of posts about Battistelli's French politics and why they can if not should alarm EPO workers



  6. Links 22/5/2018: Parrot 4.0, Spectre Number 4

    Links for the day



  7. Chamber of Commerce Lies About the United States Like It Lies About Other Countries for the Sole Purpose of Patent Maximalism

    When pressure groups that claim to be "US" actively bash and lie about the US one has to question their motivation; in the case of the Chamber of Commerce, it's just trying to perturb the law for the worse



  8. Links 21/5/2018: Linux 4.17 RC6, GIMP 2.10.2

    Links for the day



  9. The Attacks on the Patent Trial and Appeal Board (PTAB) Have Lost Momentum and the Patent Microcosm Begrudgingly Gives Up

    The Patent Trial and Appeal Board (PTAB), reaffirmed by the Court of Appeals for the Federal Circuit (CAFC) and now the Supreme Court as well, carries on preventing frivolous lawsuits; options for stopping PTAB have nearly been exhausted and it shows



  10. Software Patenting and Successful Litigation a Very Difficult Task Under 35 U.S.C. § 101

    Using loads of misleading terms or buzzwords such as "AI" the patent microcosm continues its software patents pursuits; but that's mostly failing, especially when courts come to assess pertinent claims made in the patents



  11. António Campinos Will Push Toward a France-Based Unified Patent Court (UPC)

    Frenchmen at EPO will try hard to bring momentum if not force to the Unified Patent Court; facts, however, aren't on their side (unlike Team UPC, which was always on Team Battistelli's side)



  12. In Apple v Samsung Patents That Should Never Have Been Granted May Result in a Billion Dollars in 'Damages'

    A roundup of news about Apple and its patent cases (especially Apple v Samsung), including Intel's role trying to intervene in Qualcomm v Apple



  13. Links 20/5/2018: KDevelop 5.2.2 and 5.2.3, FreeBSD 11.2 Beta 2

    Links for the day



  14. Aurélien Pétiaud's ILO Case (EPO Appeal) an Early Sign That ILO Protects Abusers and Power, Not Workers

    A famous EPO ‘disciplinary’ case is recalled; it’s another one of those EPO-leaning rulings from AT-ILO, which not only praises Battistelli amid very serious abuses but also lies on his behalf, leaving workers with no real access to justice but a mere illusion thereof



  15. LOT Network is a Wolf in Sheep's Clothing

    Another reminder that the "LOT" is a whole lot more than it claims to be and in effect a reinforcer of the status quo



  16. 'Nokification' in Hong Kong and China (PRC)

    Chinese firms that are struggling resort to patent litigation, in effect repeating the same misguided trajectories which became so notorious in Western nations because they act as a form of taxation, discouraging actual innovation



  17. CIPU is Amplifying Misleading Propaganda From the Chamber of Commerce

    Another lobbying event is set up to alarm lawmakers and officials, telling them that the US dropped from first to twelfth using some dodgy yardstick which favours patent extremists



  18. Patent Law Firms That Profit From Software Patent Applications and Lawsuits Still 'Pull a Berkheimer' to Attract Business in Vain

    The Alice-inspired (Supreme Court) 35 U.S.C. § 101 remains unchanged, but the patent microcosm endlessly mentions a months-old decision from a lower court (than the Supreme Court) to 'sell' the impression that everything is changing and software patents have just found their 'teeth' again



  19. A Year After TC Heartland the Patent Microcosm is Trying to 'Dilute' This Supreme Court's Decision or Work Around It

    IAM, Patent Docs, Managing IP and Patently-O want more litigation (especially somewhere like the Eastern District of Texas), so in an effort to twist TC Heartland they latch onto ZTE and BigCommerce cases



  20. Microsoft Attacks the Vulnerable Using Software Patents in Order to Maintain Fear and Give the Perception of Microsoft 'Safety'

    The latest patent lawsuits from Microsoft and its patent trolls (which it financially backs); these are aimed at feeble and vulnerable rivals of Microsoft



  21. Links 19/5/2018: Mesa 18.0.4 and Vim 8.1

    Links for the day



  22. Système Battistelli (ENArque) at the EPO is Inspired by Système Lamy in Saint-Germain-en Laye

    Has the political culture of Battistelli's hometown in France contaminated the governance of the EPO?



  23. In Australia the Productivity Commission Decides/Guides Patent Law

    IP Australia, the patent office of Australia, considers abolishing "innovation patents" but has not done so yet (pending consultation)



  24. Fishy Things Noticed Ahead of the Passage of a Lot of EPO Budget (Applicants' Money) to Battistelli's Other (and Simultaneous) Employer

    Observations and odd facts regarding the affairs of the council in St Germain; it certainly looks like Battistelli as deputy mayor and the mayor (Arnaud Péricard) are attempting to hide something



  25. Links 18/5/2018: AsteroidOS 1.0 Released, More Snyk/Black Duck FUD

    Links for the day



  26. Today's EPO Financially Rewards Abuses and Violations of the Law

    Battistelli shredded the European Patent Convention (EPC) to pieces and he is being rewarded for it, perpetuating a pattern of abuses (and much worse) being rewarded by the European Patent Organisation



  27. So-Called 'System Battistelli' is Destroying the EPO, Warn Insiders

    Low-quality patent grants by the EPO are a road to nowhere but a litigious climate in Europe and an unattractive EPO



  28. Rise in Patent Trolls' Activity in Germany Noted Amid Declining Patent Quality at the EPO

    The UPC would turn Europe into some sort of litigation ‘super-state’ — one in which national patent laws are overridden by some central, immune-from-the-law bureaucracy like the EPO; but thankfully the UPC continues its slow collapse



  29. EPO's Battistelli Taking Days Off Work for Political 'Duties' (Parties) in His French Theatre Where He'll Bring Buckets of EPO Budget (EPO Stakeholders' Money)

    More tales from Saint-Germain-en-Laye...



  30. Links 16/5/2018: Cockpit 168, GCompris 0.91, DHCP Bug

    Links for the day


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