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

05.05.11

Microsoft’s Three Musketeers (Gates, Allen, Myhrvold) Still Assault the Market With Patents

Posted in GNU/Linux, Google, Microsoft, Patents at 11:05 am by Dr. Roy Schestowitz

“Intellectual property is the next software.”

Nathan Myhrvold, Microsoft patent troll

Nathan Myhrvold

Summary: An overview of patent activity against Linux with particular focus on Microsoft-derived shells and lobbying

Gates and his buddies are lobbying for worse patent laws, but they are not alone (no wonder the USPTO gets stuffed with the wrong people). They are also cooking lawsuits — a subject we currently research via E-mail (more on that later this month).

Since Microsoft is a rogue company increasingly unable to compete, core people from this company created profitable entities outside of Microsoft and their impact on the world is immensely damaging for reasons we explained before. They want more and more patent monopolies in every walk of life — from the environment to agriculture and even software, obviously. It is about restoring scarcity in the age of Internet-enabled abundance and equality.

According to this new article which was cited by Groklaw:

“Everyone is worried about the Windows numbers,” said Brent Thill, an analyst at UBS AG in San Francisco. “That’s the cash cow and everyone is worried the cow is running out of milk.”

Groklaw then cites this one which says “Microsoft confirmed Thursday its Windows cash machine is under threat.” (warning: behind paywall)

Reading further down the article, Groklaw remarks: “Let’s define our terms. What does it mean that “Microsoft can limit the speed of such incursions”? How exactly? What does the Wall Street Journal mean by that? Using litigation? What?”

That’s rhetorical. And as we have shown before, Gates, Allen, and Myhrvold are all extorting and suing Linux, amongst other entities or efforts. That’s their next big plan for making money. They can disguise it all they want using expensive PR campaigns, but people are not dumb enough to fall for it. An increasing number of bloggers and publications speak openly about the truth, which places Gates, Allen, Myhrvold down at the bottom alongside villains like Edison and Rockefeller (he too has been trying the whole PR spiel).

“What does it mean that “Microsoft can limit the speed of such incursions”? How exactly? What does the Wall Street Journal mean by that? Using litigation?”
      –Pamela Jones, Groklaw
Over at Groklaw, Pamela Jones links to some whitewashing of Microsoft and notes that her friend “Todd Bishop wonders why so little attention is being paid [to Microsoft antitrust/oversight expiry]. I think it’s because the compliance required is to the Final Judgment, not to any other issues since. If you look at page 11 of the PDF, the status report, you’ll see that. It says, “As of April 18, 2011, Microsoft had received 32 complaints or inquiries since the March 2011 Joint Status Report. None of these complaints is related to any of Microsoft’s compliance obligations under the Final Judgments.” So this is old stuff. The court isn’t about anything that wasn’t ordered by the Final Judgment. The world has moved on. And the second reason no one cares is we’ve seen this court at work, and our expectations are low for anything meaningful.”

Todd Bishop is still promoting Microsoft in his new site, GeekWire. At his previous employer, the Microsoft-paid TechFlash, there is some more Microsoft PR, this time in HTC flavour. Jones quotes the following from an HTC interview:

So are patents good or bad for the industry? It’s a difficult balance, I think, between protecting the hard work that people have done to design innovative products and, of course, offering the best products and experience to customers. I think there probably does need to be some reform in the way patents are granted, the way the patent office works, but I’m not a lawyer.

According to one source that we found at the time, Microsoft was about to sue HTC for using Android, but HTC decided to avoid the lawsuit and instead it made it look like it had signed an amicable patent deal with Microsoft, agreeing to pay Steve Ballmer and fellow thugs for Linux. Later on HTC also agreed to pay Myhrvold. The threat of the burden of litigation was a weapon. It’s called racketeering, blackmail, or extortion when this type of thing is done. That’s the ‘New Microsoft’. It’s worse than ever and regulators ought to step in.

Microsoft’s co-founder Traul Allen has become a patent troll. Woz (of Apple fame) defended him at one stage, but he apparently regrets the stance, based on this highly-cited Rik Myslewski report which says:

Apple cofounder Steve Wozniak has no love for the US patent system, and prefers split-pea soup to “that patent-troll thing” as practiced by Microsoft cofounder Paul Allen in his current patent-infringment lawsuit against Apple, Google, Facebook, Yahoo!, and others.

“A lot of patents are pretty much not worth that much,” Wozniak told his keynote audience at the Embedded System Conference Silicon Valley (ESC) taking place this week in San José, California.

“In other words, any fifth-grader could come up with the same approach.”

When asked about patent-trolling, Wozniak had two personal stories to tell: one about Allen, and one about an early experience that soured him on patents held and enforced by deep-pockets companies.

Dr. Glyn Moody added: “confused? he was, you will be”

Jones wrote about the same article: “I recall Justice Stevens in the i4i v. Microsoft oral argument asking if it was a really big problem or a little one. What someone should probably do is make a list of really stupid patents that have already issued. You’d need to explain how and why it’s silly, of course.”

Microsoft is not against software patents. It opposes only software patents which can be used against Microsoft. Meanwhile it is bragging about taking payments from Volkswagen and guess what for:

Microsoft licensing patent over “Quick Filename Lookup Using Name Hash” to VW

Sounds familiar? It ought to. Microsoft uses filename lookup to extort the most popular kernel, Linux. Yes, Microsoft is completely distorting the market with its lawsuits, patent trolls, and lobbyists. To quote a well-known critic of zealous intellectual monopolist: “CNET News reported that Google was asked to pay $5 million for the infringement, a relatively small amount for the internet search and video giant. But a Google spokesperson remarked that the company would “continue to defend against attacks like this one on the open-source community,” and that “the recent explosion in patent litigation is turning the world’s information highway into a toll road, forcing companies to spend millions and millions of dollars defending old, questionable patent claims, and wasting resources that would be much better spent investing in new technologies for users and creating jobs.”

“Google profits from making things abundant and available to everyone; Microsoft is the exact opposite and only one can be described as a democratising force.”That’s what makes Microsoft so unique and by no means a scapegoat; what a disgusting company it must be in comparison to Google, for example. Google profits from making things abundant and available to everyone; Microsoft is the exact opposite and only one can be described as a democratising force.

Watch what “Microsoft IP&L” (The official Twitter account for Microsoft’s Intellectual Property and Licensing at Redmond, WA) is doing in Twitter right now. This is what these people publish: “Tips for prosecuting a successful IP Portfolio: set goals for creating patent hits; invest more $ in High level patents & watch your plan”

Microsoft is “creating patent hits”. Impressive, eh? Who would defend such abusive attitudes and litigious minds?

Well, Microsoft Florian is promoting Windows phones and bashing Google this week (linking to Microsoft TEs like the slimy Michael Gartenberg [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15] for the purpose), then promoting puff pieces about Intellectual Ventures, the world’s largest patent troll, by linking to promotional nonsense and troll PR. It ought to be added that this Microsoft troll even bought some of Linus Torvalds’ patents from Transmeta (these are hardware patents, for microprocessors developed at Transmeta). Mike Milinkovich of Eclipse fame has also just denounced Intellectual Ventures, and quite rightly so. He wrote:

There is something seriously wrong with any business model that requires 12% of its market to go to litigation

Microsoft now relies on attacks from proxies, which is why it passes Linux-hostile patents [1, 2, 3, 4, 5, 6].

Peer To Patent, just like OIN, is trying to address the problem one patent at the time and abolitionists like the FFII’s president are sceptical, as usual.

Be the first to share your knowledge on this application! #patent #priorart http://fb.me/YRNnRiS8

In order to stop Microsoft’s attacks on Linux (in addition to the attacks it has other companies launch against Linux) we must get rid of software patents altogether, as a whole. Tacking patents one by one is not the best approach to deal with the issue. It’s mostly ineffective in fact, just like a nuclear ‘defense system’ which is easily defeated by increasing the number of simultaneous targets.

“Fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria.”

Richard Stallman

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. Bernhard Rapkay, Former MEP and Rapporteur on Unitary Patent, Shoots Down UPC Hopes While UPC Hopefuls Recognise That Spain Isn't Interested Either

    Germany, the UK and Spain remain massive barriers to the UPC -- all this in spite of misleading reports and fake news which attempted to make politicians believe otherwise (for political leverage, by means of dirty lobbying contingent upon misinformation)



  2. Links 23/3/2017: Qt 5.9 Beta, Gluster Storage 3.2

    Links for the day



  3. The Administrative Council of the European Patent Organisation Has Just Buried an Innocent Judge That Battistelli Does Not Like

    An innocent judge (never proven guilty of anything, only publicly defamed with help from Team Battistelli and dubious 'intelligence' gathering) is one of the forgotten casualties of the latest meeting of the Administrative Council (AC), which has become growingly complicit rather than a mere bystander at a 'crime' scene



  4. Nepotism at the European Patent Office and Suspicious Absence of Tenders for Big Projects

    Carte blanche is a French term which now perfectly describes the symptoms encountered in the European Patent Office, more so once led by a lot of French people (Battistelli and his friends)



  5. “Terror” Patent Office Bemoans Terror, Spreads Lies

    Response to some of the latest utterances from the European Patent Office, where patently untruthful claims have rapidly become the norm



  6. China Seems to be Using Patents to Push Foreign Companies Out of China, in the Same Way It Infamously Uses Censorship

    Chinese patent policies are harming competition from abroad, e.g. Japan and the US, and US patent policy is being shaped by its higher courts, albeit not yet effectively combating the element that's destroying productive companies (besieged by patent trolls)



  7. 22,000 Blog Posts

    A special number is reached again, marking another milestone for the site



  8. The EPO is Lying to Its Own Staff About ILO and Endless (Over 2 Years) EPO Mistrials

    The creative writing skills of some spinners who work for Battistelli would have staff believe that all is fine and dandy at the EPO and ILO is dealing effectively with staff complaints about the EPO (even if several years too late)



  9. EPO’s Georg Weber Continues Horrifying Trend of EPO Promoting Software Patents in Defiance of Directive, EPC, and Common Sense

    The EPO's promotion of software patents, even out in the open, is an insult to the notion that the EPO is adhering to or is bound by the rules upon which it maintains its conditional monopoly



  10. Protectionism v Sharing: How the US Supreme Court Decides Patent Cases

    As the US Supreme Court (SCOTUS) starts delivering some decisions we take stock of what's to come regarding patents



  11. Links 22/3/2017: GNOME 3.24, Wine-Staging 2.4 Released

    Links for the day



  12. The Battistelli Regime, With Its Endless Scandals, Threatens to Crash the Unitary Patent (UPC), Stakeholders Concerned

    The disdain and the growing impatience have become a huge liability not just to Battistelli but to the European Patent Office (EPO) as a whole



  13. The Photos the EPO Absolutely Doesn't Want the Public to See: Battistelli is Building a Palace Using Stakeholders' Money

    The Office is scrambling to hide evidence of its out-of-control spendings, which will leave the EPO out of money when the backlog is eliminated by many erroneous grants (or rejections)



  14. In the US Patent System, Evolved Tricks for Bypassing Invalidations of Software Patents and Getting Them Granted by the USPTO

    A roundup of news about patents in the US and how the patent microcosm attempts to patent software in spite of Alice (high-impact SCOTUS decision from 2014)



  15. “Then They Came For Me—And There Was No One Left To Speak For Me.”

    The decreasing number of people who cover EPO scandals (partly due to fear, or Battistelli's notorious "reign of terror") and a cause for hope, as well as a call for help



  16. As Expected, the Patent Microcosm is Already Interfering, Lobbying and Influencing Supreme Court Justices

    The US Supreme Court (SCOTUS) is preparing to deliver some important decisions on cases with broad ramifications, e.g. for patent scope, and those who make money from patent feuds are attempting to alter the outcome (which would likely restrict patent scope even further, based on these Justices' track record)



  17. Intellectual Ventures -- Like Microsoft (Which It Came From) -- Spreads Patents to Manifest a Lot of Lawsuits

    That worrisome strategy which is passage of patents to active (legally-aggressive) trolls seems to be a commonality, seen across both Microsoft and its biggest ally among trolls, which Microsoft and Bill Gates helped create and still fund



  18. What the Patent Microcosm is Saying About the EPO and the UPC

    Response to 3 law firms and today's output from them, which serves to inform or misinform the European public at times of Big Lies and fog of (patent) war, revealing the true nature of 21st century asymmetric patent warfare and lobbying



  19. Tough Day for the EPO's Media/Press/PR Team, Trying 'Damage Control' After Important Techrights Publications

    In an effort to save face and regain a sense of legitimacy the EPO publishes various things belatedly, and only after Techrights made these things publicly known and widely discussed



  20. Links 21/3/2017: PyPy Releases, Radeon RX Vega, Eileen Evans at Linux Foundation

    Links for the day



  21. In IAM, Asian Courts That Deliver Justice Are “Unfriendly” and Asian Patent Trolls Are Desirable

    Rebuttal or response to the latest pieces from IAM, which keeps promoting a culture of litigation rather than sharing, collaboration, negotiation, and open innovation



  22. At EPO “I Have the Feeling That Lowering Quality is Part of a Concerted Plan.”

    Growing concern about patent quality at the EPO -- a subject which causes managers to get rather nervous -- is now an issue at the forefront



  23. EPO Reduces the World to Just Seven Nations to Bolster an Illusion of Growing 'Demand' for European Patents

    The unscientific -- if not antiscientific -- attitude of the European Patent Office (EPO) continues to show with the arrival of yet more misleading 'infographics' (disinfographics would be a more suitable term)



  24. Letter to Angela Merkel Expresses Concerns About Impact of EPO Scandals on Germany and Its Image

    Dr. Angela Merkel, arguably the most powerful woman in the world, is being warned about the consequences of Germany ignoring (and hence facilitating) the abuses of Benoît Battistelli



  25. EPO Caricature: Low Patent Quality Not an Achievement

    A new cartoon about the legacy of Battistelli, which ruins both inventors and staff (examination) while handing money to abusers



  26. Are Lithuania and Latvia the Latest Additions to the List of Benoît Battistelli's Vassal States?

    Benoît Battistelli's 'back room' deals came at an interesting, strategic time and the Office uncharacteristically kept quiet about these



  27. Links 20/3/2017: Linux 4.11 RC3, OpenSSH 7.5 Released

    Links for the day



  28. Supposedly 'Pampered' Prisoners Are Still Prisoners of the EPO

    Response to those gross and familiar attempts to portray patent examiners, not politicians who trample all over them, as the cause of all the problems at the EPO



  29. Insulting Reversal of Narratives at the EPO: Team Battistelli as the Victim

    At times of great oppression against staff, in clear defiance of the law in fact, journalists are being asked (or expected) to view the oppressor as the victim, even when this oppressor drives people to suicide



  30. Battistelli's EPO Copies China -- Not the US -- When it Comes to Patenting Software and Expanding Patent Scope

    A detailed explanation of some of the latest reports from China and the US, serving to show that one opens up to software patents whereas the other shuts the door on them (and guess whose lead the EPO is taking)


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