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

06.07.11

Microsoft Uses the Broken US Patent System to Attack Linux/Android From Multiple Sources, Wants Nokia’s Patents Too

Posted in Bill Gates, GNU/Linux, Google, Hardware, Microsoft, Patents at 3:52 am by Dr. Roy Schestowitz

Roadsigns

Summary: Microsoft performs an MSDOS (Multi-Source Denial of Service) attack on Linux and on Android, using patent monopolies and patent trolls

FURTHER to the previous post, there is abundant evidence that the USPTO is broken as it fails to meet its goals. There is no such thing as a “quality” patent. A patent is a monopoly and all those applying to software impede the use of logic and mathematics. Here is another interpretation of the SCOTUS ruling, which we wrote about a few days ago (EN, ES). The Register reads that as follows:

In a case supported by HP, eBay, Red Hat, Yahoo!, and General Motors, the US Supreme Court has issued a ruling that may make it more difficult for a company to be sued for inducing another company to infringe a patent.

According to the ruling, a defendent accused of inducing patent infringement must be proven to have either known that it was infringing, or was “willfully blind” to that infringement. Actual knowledge of infringement can be proven through documentary evidence or sworn testimony.

That again does not address the main issues with the patent system — issues that even the Bilski case in SCOTUS failed to resolve. Let us look at some of the latest casualties based on this week’s news.

Twitter made it clear that it is against software patents and now it is being attacked by patent trolls again. Patent trolls are, statistically speaking, greatly dependent on software patents.

A patent troll called Kootol Software has put Twitter on alert. The ‘company’, which sports a corporate logo (and name) that is suspiciously reminiscent of Google’s, this morning said it has sent a caution notice to Biz Stone, Jack Dorsey and co to express “concerns” about possible intellectual property violations.

Quoting the original source (“Twirpy Patent Troll Threatens Twitter”), TechCrunch/AOL says:

The patent application in question (a patent number hasn’t been assigned yet) is titled “A Method and System for Communication, Advertising, Searching, Sharing and Dynamically Providing a Journal Feed.”

They are making it extremely complicated for software developers to develop in peace and it is only getting worse when people make money from the illness of this system. This incentivises keeping it broken. Jan Wildeboer, who is one of the most prominent among opposers of software patents in Europe, notes that some people built entire enterprises based on exploitation of the patent system’s loophole. He asks: “Is Myhrvolds Intellectual Ventures using patents CDO style to disrupt the market? Lodsys as example?”

He also asks: “Is Lodsys sign of new time? 1. License patents 2. Sell patent 3. New buyer tries licensing again? Patents == CDB business?”

Remember what the world's biggest troll (who came from Microsoft) said before he gave this patent to Lodsys. “Intellectual property is the next software,” he argued. Microsoft and him are in this together. Bill Gates is a close affiliate of this shakedown and Matt Asay challenges this by going back in time (back to the days when Gates denounced patents, as a small player):

Microsoft, once the ruler of the software universe, doesn’t even make Google executive chairman Eric Schmidt’s Gang of Four influential tech companies. It’s not that Microsoft has lost its ambition. But it may be that Microsoft’s ambition has changed, and for the worse.

Microsoft once prided itself on minting profits from licensing copies of Windows and Office. Now it seems more content with eking out $5 per unit from HTC and others it bullies over patents. That’s right: instead of selling product, it’s peddling intellectual property (IP).

We wrote about this extortion before. Not only Microsoft is extorting HTC; it seems as though Intellectual Ventures does too. Another person from Microsoft, Paul Allen of Interval the patent troll, is still attacking many parties including Android/Google for merely implementing some ideas. “People Concerned About Paul Allen’s Ridiculous Patent Claims Gets USPTO To Begin Re-Exams Of His Patents,” says TechDirt. To quote:

Last year, we covered Paul Allen’s ridiculous patent lawsuit against a ton of tech companies. He claimed that all of these companies violated four incredibly broad patents he held:

* 6,263,507: “Browser for use in navigating a body of information, with particular application to browsing information represented by audio data.”
* 6,034,652 & 6,788,314 (really the same patent, involving continuations): “Attention manager for occupying the peripheral attention of a person in the vicinity of a display device”
* 6,757,682: “Alerting users to items of current interest”

Groklaw follows this case quite closely, or at least it used to. What the Microsoft people do (even those who left the company) is what Microsoft has always done, They want to tax everything sold rather than really make anything of value. They are waging legal wars and amassing patents that they lobby for, in order to increase their value.

Right now it seems like Microsoft is hunting for Nokia’s patent so that it can tax all mobile phones. Nokia is of value to Microsoft because of its software and hardware patents; we wrote so much about it that we need not repeat the evidence of this. This is a subject that we talked about in IRC the other day. Assuming Microsoft wants to ‘pull a CPTN’ on Nokia, it will be more about use of Nokia’s patents offensively and exploitation of Nokia’s brand (like Yahoo! and Novell). By sending out moles Microsoft just improves its chances of becoming the patent receiver. Watch how Microsoft put its mole in: [via F. Cassia]

Steve Ballmer was so determined to get Nokia on board with Windows Phone 7, he sent a super-extended prom-style limo to pick up Nokia’s Stephen Elop and other execs when they visited the Seattle area.

That’s one of the revelations in Businessweek’s long profile of Elop’s first six months at the company.

Microsoft is crushing Nokia as this may help Microsoft pick it up cheaply along with its patents. Considering what has happened so far, Elop did a wonderful job (for Microsoft, of which he is a top shareholder). The deal made no sense and it was signed in a rush by the two Stephens who are former colleagues. Watch Ye Booke of Elop for a funny slant. It is clear what’s going on there, but there is nothing amusing about it. Nokia represents the latest victim in the line of corpses left by Microsoft’s abusive-aggressive behaviour. Nokia was becoming a Linux company just before Microsoft put a mole inside it. “Elop” is “Pole” backwards and Microsoft put its Pole inside Nokia, to borrow Brandon’s joke. Rather than have MeeGo and LSB in Nokia, we now have another Microsoft ally out there, threatening to use its patents and promising to deliver a ‘new’ OS some time later this year (at which point Nokia will be ripe for picking by another company). The Linux Foundation’s head was very disappointed by this and it is easy to see why. Nokia was a valuable contributor to the Linux Foundation and its site has a new comic regarding software patents. It can be found here. Somehow Microsoft turned several Linux-friendly companies like Nokia, Yahoo!, and Novell into Microsoft boosters (former Microsoft partner Bartz did nothing of value except shake Ballmer’s hand, just like Elop). Some people still foolishly question what makes Microsoft so much more malicious than other companies of a similar scale. Microsoft is very, very destructive. It just doesn’t give a damn.

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 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