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

05.17.11

It’s All Down to Patents Now

Posted in Microsoft, Patents at 2:34 am by Dr. Roy Schestowitz

Co-authored with G. Forbes

Summary: Why patents are worth treating as the principal barrier to Free software adoption

MICROSOFT has already lost the battle for technical superiority over its competitors. Without a legitimate advantage, all that is left for Microsoft to do is to struggle using legal battles enabled by broken patent legislation instead. We at Techrights have repeatedly driven this point home. After covering the Yahoo! case, Thomson Reuters has proceeded to cover Microsoft’s own cases against patent trolls (a rather ironic situation considering Microsoft itself is increasingly becoming a patent troll as we have demonstrated in the past). In this specific case, the troll is Uniloc [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12]. It’s clear the case is not quite over yet:

A U.S. appeals court that specializes in patent disputes said on Monday that it would not review a decision to toss out a common method of calculating damages in patent lawsuits.

The U.S. Court of Appeals for the Federal Circuit had said in January that Microsoft infringed a Uniloc patent to prevent software piracy but also tossed out the popular “25 percent rule,” which assumes that the company licensing a patent is due 25 percent of the value of the product.

Uniloc USA and its Singapore-based parent originally filed suit against Microsoft in 2003, accusing it of infringing a Uniloc patent to prevent unlicensed use of its Windows XP operating system and parts of its Office suite of software products.

Meanwhile, GNU/Linux sites are in celebration of the news that Mark Webbink is helming Groklaw now. Wasting no time, Webbink has already tackled the Bedrock case, following the news from Yahoo:

“There was a good deal of gnashing of teeth,” he writes, “just two weeks ago when Google was found to have infringed the patents of Bedrock Computer Technologies, Inc. with respect to caching in Linux. In terms of patent judgments, the award was relatively small, just $5 million. But it still raised issues with respect to other developers and users of Linux, many of whom were engaged in related infringement suits brought by Bedrock.

“Well, lo and behold, in the same court in the Eastern District of Texas this week Bedrock lost [PDF] on its infringement claim against Yahoo (related NewsPick), another defendant using exactly the same technology, albeit without executing the Bedrock code.”

Though Webbink’s appointment seems to have been a positive addition, there is a notable downside. As we feared, Groklaw seems to be switching focus more narrowly onto on patents and losing sight of the niche but critical area that is SCO. “Walterbyrd” has told us that “UnXis, Inc[,] Claims to Own The UNIX and UnixWare Trademarks”. He quotes:

“APPLICANT’S REPLY IN SUPPORT OF HIS COMBINED MOTION AND BRIEF TO RESUME OPPOSITION PROCEEDING AND RESET AND EXTEND THE SCHEDULE [...]UnXis, Inc. (‘UnXis’) SCO’s successor, now states it, not X/Open, lawfully owns the UNIX and UnixWare trademarks. SCO just completed the bankruptcy sale of its UNIX…”

Fortunately, it seems extremely unlikely that anything other than FUD will ever come out of this development. Groklaw has done so much to show that SCO (or TSG or UnXis or whatever it chooses to call itself) has no case. We do hope that Groklaw will continue to keep an eye on SCO in the future though.

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

5 Comments

  1. Needs Sunlight said,

    May 17, 2011 at 3:44 am

    Gravatar

    So now it is more important than ever to clear out Mono from Ubuntu. Even those that cannot see the sloppy way of engineering that the Microsoft mindeset brings can at least see the patent threat to Ubuntu’s users.

    The previous generation’s run-in with patents was Unisys and GIF. The same applies now, but with the added harm of bad engineering.

    Dr. Roy Schestowitz Reply:

    Mono is not just a patent problem, it is an API problem. An hour ago the FSFE’s founder redented this: “Newsflash: The world is not desperately waiting for .NET for Android and iOS. Sorry, Miguel. > Too much Kool-Aid, I presume ;)”

    Needs Sunlight Reply:

    Anything trying to re-implement M$ techologies is going to have problems. If Samba is an example, then Mono/.NOT (C#) will also get orders to make it difficult to work with other platforms. That practice apparently goes back years, if not decades:

    “We have to stop putting any effort into this and make sure that Office
    documents very well depends on PROPRIETARY IE capabilities.”
    p1. Plaintiff’s Exhibit 2991. Comes v Microsoft.
    http://groklaw.net/pdf/iowa/www.iowaconsumercase.org/011607/2000/PX02991.pdf

    M$ is not the answer, it is the question. “No” is the answer. .NET is .NOT a good copy of Java. Best to stick with Java instead.

    Needs Sunlight Reply:

    “Maybe we could define the APIs so that they work well with NT and not the others
    even if they are open.” Plaintiff’s Exhibit 3020. Comes v Microsoft.
    http://groklaw.net/pdf/iowa/www.iowaconsumercase.org/011607/3000/PX03020.pdf

    Dr. Roy Schestowitz Reply:

    In the server room, Linux and FOSS rule (PHP, Java, Apache..), so Microsoft looks forward to transforming everything to ASP.NET, turning Linux and FOSS into a poor man’s choice.

What Else is New


  1. The EFF Back to Tackling Software Patents, Not Just Patent Trolls

    Electronic Frontier Foundation lawyers start targeting large companies that exploit patents for intimidation and extortion, not just patent trolling



  2. Microsoft Wants to Devour the Competition (Linux), Devour People's Data

    Refuting the "new Microsoft" propaganda and some ludicrous concept that Microsoft is now "playing nice"



  3. Benoît Battistelli Thinks 'President' is Above the Law, Decides to Ignore the Court's Ruling

    Staff of the EPO is given yet more reasons to protest tomorrow at the British Consulate, for the so-called 'President' of the EPO reminds everyone of the very raison d'être for the protest -- a vain disregard for the rule of law



  4. Links 24/2/2015: Xfce 4.12 a Week Away, GNOME 3.16 Previewed

    Links for the day



  5. Links 23/2/2015: Ubuntu Kylin 14.04.2 LTS, Cinnamon 2.6 Previews

    Links for the day



  6. IRC Proceedings: February 8th - February 21st, 2015





  7. The EPO's Sham 'Internal Investigation' of EPO Vice-President Željko Topić's Affairs

    The EPO never investigated the Željko Topić affair, it only pretends to have investigated (one small aspect, i.e. cherry-picking) using a Benoît Battistelli-controlled group



  8. Links 21/2/2015: GNOME 3.15.90, Google Wins Android Lawsuit

    Links for the day



  9. Microsoft AstroTurfing War on GNU/Linux is Still Going On, But Hidden Better, Uses API as Instrument of Lock-in

    The corruptible press continues to describe blatant attacks (Embrace, Extend, Extinguish) against GNU/Linux and Free software as Microsoft 'embracing' Open Source



  10. Lenovo's Superfish Scandal is Spyware on Top of Spyware (Microsoft Windows), the Problem is Inherently Proprietary Software

    Shifting focus to the root problem, which is neither Lenovo nor its laptops but the non-free programs installed on hardware



  11. Benoît Battistelli Once Again Threatens EPO Staff That 'Dares' to Protest, Battistelli Exploits Terror Attacks to Pretend to Respect Free Speech

    The European Patent Office (EPO) President, Benoît Battistelli, reportedly started threatening -- as before -- staff that decides to exercise the right to assemble and protest against abuses, including the abuses of President Battistelli himself



  12. Links 20/2/2015: Android Studio v1.1, GDB 7.9

    Links for the day



  13. Links 20/2/2015: Bloomberg Joins Linux Foundation, ClearOS Community 6.6.0

    Links for the day



  14. The Chartered Institute of Patent Attorneys Slams the European Patent Office for Structural Failings

    An important letter which we overlooked while writing yesterday's 4 articles about the European Patent Office (EPO); yet another key stakeholder complains



  15. Links 19/2/2015: Hewlett-Packard on Cumulus Linux, Previews of GNOME 3.16 Beta

    Links for the day



  16. Techrights Under Attack Again, Shortly After Important EPO Articles

    Techrights highlights a pattern that is months old; Site faces availability issues shortly after reports about the European Patent Office and its abuses



  17. EPO Staff Protests Against Benoît Battistelli’s Lowering of Patents Quality (Scope Expansion and Software Patents for Profit)

    A protest in Munich in less than 6 days will target Mr. Sean Dennehey, who has helped Battistelli cover up his abuses and crush legitimate critics, whom he deemed illegal opposition as if the EPO is an authoritarian regime as opposed to a public service which taxpayers are reluctantly (but forcibly) funding



  18. Breaking: European Patent Office Sued by Its Own Staff in The Hague, Must Unblock Staff's Voices

    The crooked management of the European Patent Office (EPO) gets in legal trouble after repeated attempts to cover up abuses and suppress criticism



  19. Željko Topić's History in SIPO Leaves a Legacy of Alleged DZIV Vehicles (Bribes), Authorship Abuses, and Intimidation Against Reporters

    Another deep look at Željko Topić's background in Croatia, preceding his very notorious appointment to the EPO where he now serves as Benoît Battistelli's most controversial attack dog



  20. The Old Obsession With Patent Trolls Continues to Distract From Debate About Software Patenting

    A roundup of recent coverage about monopolies on algorithms in the United States



  21. Links 19/2/2015: 64-bit ARM Linux, Chinese New Year

    Links for the day



  22. Links 18/2/2015: Linux Report, FlightGear 3.4

    Links for the day



  23. EPO Scandals: The Story So Far

    An overview of articles about mischief, misconduct and breach of laws at the EPO



  24. Links 17/2/2015: TripleO, Pivotal

    Links for the day



  25. Links 17/2/2015: SystemD 219, Frugalware 2.0 (Rigel) Released

    Links for the day



  26. Željko Peratović Slammed for Whitewashing Željko Topić After Publishing Important Piece on Behalf of Key Sources

    Response from Ivan Kabalin to Zeljko Peratovic's so-called "apology" which is both mysterious and seemingly inadequate as it does nothing to actually explain what was wrong (if anything)



  27. Benoît Battistelli Has Made Oversight of European Patent Office Absolutely Impossible





  28. Microsoft Already Killed Nokia, Don't Let It Kill Android Players Too

    Microsoft's strategy against Android mirrors the company's evil strategy that derailed MeeGo and Nokia



  29. Intel Continues to Attack Software Freedom Through UEFI

    The Trojan horse that Microsoft uses to cement its monopoly on desktops and laptops (making it hard or impossible to install and run GNU/Linux) is also being misused to block Coreboot



  30. Links 16/2/2015: Netrunner 15, Bridge Linux

    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