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

06.22.11

CPTN Members Oracle, Apple, and Microsoft Still Attack Linux With Software Patents

Posted in Apple, GNU/Linux, Google, Microsoft, Oracle, Patents at 6:53 pm by Dr. Roy Schestowitz

Captain patents

Captain

Summary: How the proprietary software cartel continues to harm adoption of GNU/Linux, mostly by aligning against Google

SHARING CULTURE is under attack. The companies that thrive in artificial scarcity just cling on to a retarded state of affairs. In a lawsuit that was mentioned here twice before [1, 2] (and also noted in Reader’s Picks earlier today), Redmond attacks BitTorrent using software patents. Prof. Webbink’s Groklaw has a more in-depth analysis of the case, starting with: “Peer-to-peer provider BitTorrent is somewhat familiar with being at the center of copyright controversies, but last Tuesday, June 14, it entered the realm of patent disputes when it was sued by Tranz-Send Broadcasting Network, Inc., a Delaware corporation, for infringement of Tranz-Send’s U.S. patent number 7,301,944 (the ’944 patent). The ’944 patent, entitled “Media File Distribution With Adaptive Transmission Protocols,” was filed on April 16, 1999, and issued November 27, 2007.”

More interestingly, however, Groklaw has begun addressing the Google case again, in light of reexamination attempts. Watch what Google is doing to basically jeopardise software patents again (not for the first time):

Oracle has experienced another setback in its assertion of its patents against Google. In the reexamination of U.S. Patent 6192476 the USPTO has issued an office action in which it rejects 17 of the patent’s 21 claims. The specifics of the office action are set forth below in text form along with an updated reexamination history. While Oracle has asserted seven different patents in its claims against Google, if this reexamination is exemplary of what Oracle can expect in each of the other reexaminations, Oracle will have a hard time finding claims that it can successfully assert against Google, and there lies Oracles conundrum. Oracle either has to agree with the court’s directive to limit the number of claims it will assert at trial, or it is likely the court will simply stay the trial until the reexaminations are complete.

The above case, being a case against Linux, is something that Microsoft Florian promotes passionately, even with his old friend Dana Blankenhorn, who still offers a platform to Florian’s lies and distortions. Does the bias not tell everyone who Florian’s latest client is aligned with? Remember that this guy is a lobbyist. He has been doing this for selected clients for quite a few years now. He is still working to shoot down Google’s acquisition of Nortel’s patents (for defensive purposes) and now we see that Apple too — not just Microsoft — is standing in Google’s way.

Nortel Networks Inc. has received significant level of interest in patents that can be used for smartphone technology. Accordingly, it postponed an action sanctioned by a bankruptcy court in the United States from June 20 to June 27, at 9:00 a.m.

Remember that Apple has two ongoing lawsuits against Android, one against HTC and one against Samsung. Oracle, Microsoft, and Apple are all patent aggressors; Google is not. Whereas the former 3 snatched Novell’s patents, Google has so far attempted to even crush software patents as a whole. So whose side should a Free software supporter take?

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

3 Comments

  1. twitter said,

    June 24, 2011 at 6:51 pm

    Gravatar

    Microsoft boosters are trumpeting news of the start of an FTC investigation of Google. This idiot article seems to have all of the talking points. Blooberg inflates the issue too. Microsoft has been pushing for such an investigation for at least four years but is a huge hypocrite that should have been broken up a decade ago. An anti-trust lawyer has interesting things to say about the move:

    what many supporters of an antitrust investigation of Google do is to intentionally conflate the interests of consumers with the interests of competitors of Google. They are indeed distinct and separate; mistakenly intertwining the two to justify an investigation of Google is a fundamental twisting of facts and a misuse of longstanding antitrust law.

    According to the Supreme Court, antitrust laws exist not for the benefit of corporations, but for the aid of consumers. In one case, Spectrum Sports, Inc. v. McQuillan, the court stated this point clearly and powerfully:

    “The purpose of the [Sherman] Act is not to protect businesses from the working of the market; it is to protect the public from the failure of the market. The law directs itself not against conduct which is competitive, even severely so, but against conduct which unfairly tends to destroy competition itself.”

    Dr. Roy Schestowitz Reply:

    I am staying out of this because Google is rich enough to handle its own cases. I am unwilling to do what Groklaw did for Apple (in the Psystar case) as we would lose valuable time fighting more urgent matters.

    Techrights contains at least half a dozen articles showing quite clearly how Microsoft lobbied for the above, often by proxy. Explaining this would be repetitive, an exercise in futility in a way. If someone (perhaps you) wishes to track how this story unfolds, please do send articles for publication. For now, I choose to focus on software patents, then Linux FUD (Google FUD is not quite the same, despite overlap). We also used to cover Microsoft’s lobbying for antitrust against Apple.

    twitter Reply:

    Thanks, I’ll keep an eye on it and stick them into daily links. The overlap is important because Google is showcase of free software use and a tremendous technical accomplishment. Microsoft fights this profitable use of free software as it fights all use of competing software. The issue might be repetitive but that’s only because Microsoft continues to do the same nasty things. It is not futile to call them out for it, or at least point to sources that get things right. Commercial use of free software is an important right and the one that scares Microsoft most. Microsoft’s ability to manipulate the US government has important implications as does the US government’s inability to act on software patents and Microsoft’s obviously anti-competitive behavior.

What Else is New


  1. Links 20/10/2019: GNU/Linux at Penn Manor School District, Wine-Staging 4.18, Xfce 4.16 Development, FreeBSD 12.1 RC2

    Links for the day



  2. Guest Post: Understanding Autism for More Complete Inclusion

    "...assuming that autistic people are all the same isn't only technically wrong, it is misleading and leads to harmful and needless misunderstandings."



  3. Guest Post: Free Software Freedom is Not a Freedom of Choice

    The concept of "Freedom of Choice" and how the ruling class uses it to give a false impression of "Freedom"



  4. Guest Post: Free Software Developers and Pursuing 'Market Share'

    "The only people interested in software freedom are (almost always) free software developers. And users are interested in freedom to a very limited extent: the "free beer" side. Even many free software developers are only interested in the "free beer" part of free software."



  5. The Assertion That Microsoft Uses Communist Tactics Against GNU/Linux and Free/Libre Software

    A study of Taistoism might help understand how Free/libre software is being undermined



  6. European Patent Office and US Patent and Trademark Office Cranks Discovered Buzzwords, Stopped Worrying, Started Granting Patents They Know to be Fake

    The world's patent repositories are being saturated with loads of junk patents or patents that have no legal bearing but can still be leveraged for extortion purposes; the EPO is resorting to lies and artificially-elevated buzzwords to justify granting such fake (yet ruinous) patents



  7. IRC Proceedings: Saturday, October 19, 2019

    IRC logs for Saturday, October 19, 2019



  8. “The True Hypocrite is the One Who Ceases to Perceive His Deception, the One Who Lies With Sincerity,” Said André Paul Guillaume Gide (Nobel Prize in Literature)

    Lies flow like water in the realm of EPO and its publishers, whose sole role is dissemination of deliberate falsehoods, misnomers and misinformation



  9. The EPO Cannot Guard Fake European Patents From Scrutiny (in the Long Run)

    Legal certainty associated with newly-granted European Patents is already pretty low and as long as the EPO refuses to acknowledge that its courts (or boards) lack autonomy the EPO merely brushes a growing problem under the rug



  10. Links 19/10/2019: DeX Discontinued, DXVK 1.4.3 and Wine 4.18 Released

    Links for the day



  11. 'Corporate Linux' Will Not Protect Software Freedom

    The corporate model is inherently not compatible with software that users themselves fully control (or Software Freedom in general), so we must rely on another model of sovereignty over code and compiled code (binaries)



  12. IRC Proceedings: Friday, October 18, 2019

    IRC logs for Friday, October 18, 2019



  13. 26,000 Posts

    We want to thank those who help spread the word; it gives us moral support and morale.



  14. The Myth of 'Analysts'

    People with exaggerated roles (exaggerated by corporate media and corporations that control them) distort public perceptions about their clients; they're in effect just elevated marketing or Public Relations (PR) operatives



  15. The FSF Has Two Acting Presidents Now

    Alexandre Oliva, who acted as a sort of deputy of Richard Stallman in recent weeks, sheds some much-needed light on the current situation



  16. Should Anybody Dictate the Free Software Movement?

    "There's a great myth, as Jagadees reminds us, that advocacy doesn't produce software. That myth is corporate, and proper advocacy has at times produced the greatest software in the history of computing. If we want great Free software to continue, we need advocacy more than ever."



  17. Links 18/10/2019: More KDE Events and OpenBSD 6.6

    Links for the day



  18. We Don't Know Who Will Run the Free Software Foundation, But We Know Who Will Run the GNU Project

    Software Freedom is under a heavy and perhaps unprecedented attack; some people out there are paid by the attackers to celebrate this attack and defame people (cheering for corporate takeover under the blanket of “Open Source”), but the founder of the Free software movement remains alive, well, and very much active



  19. New EPO Meme: Who Wants to Make Billions From a 'Public' Monopoly?

    What was supposed to be a cash-balanced patent office became a money-making monster that fakes ‘crises’ to attack hard-working examiners



  20. EmacsConf Without Richard Stallman

    Now that emacs is being 'rebranded' this kind of meme seems apt



  21. IRC Proceedings: Thursday, October 17, 2019

    IRC logs for Thursday, October 17, 2019



  22. Guest Article: In the Absence of Richard Stallman OEM Source Software ('Open Source') is Trying to Hijack Even Emacs

    "Now they have to create some fictional history. No need to worry."



  23. Guest Article: Techies Should Not Dictate the Free Software Movement

    "We should start a second phase of the Free software movement that's making good software and putting users at the center."



  24. Links 17/10/2019: Ubuntu Turns 15, New Codename Revealed, Ubuntu 19.10 is Out

    Links for the day



  25. Free as in Free Speech (Restrictions May Apply)

    When limits of speech are not safety-related rules but political correctness or conformism



  26. There Won't be Patent Justice Until Patent Trolling Becomes Completely and Totally Extinct

    SLAPP-like behaviour and extortion/blackmail tactics using patent monopolies are a stain on the patent system; it's time to adopt measures to stop these things once and for all, bearing in mind they're inherently antithetical to the goal/s of the patent system and therefore discourage public support for this whole system



  27. EPO Staff Union and Staff Representatives Ought to Demand EPO Stops Bullying Publishers and Censoring Their Sites

    An often neglected if not forgotten aspect of EPO tyranny is the war on information itself; EPO management continues to show hostility towards journalism and disdain for true information



  28. Bribes, Lies, Fundamental Violations of the Law and Cover-Up: This is Today's European Patent Office

    It has gotten extremely difficult to hold the conspirators accountable for turning Europe’s patent office into a ‘printing machine’ of the litigation industry and amassing vast amounts of money (to be passed to private, for-profit companies)



  29. The Free Software Foundation (FSF) Lost Almost Half (3 Out of 8) Board Members in Only One Month

    As the old saying goes, a picture (or screenshot) is worth a thousand words



  30. IRC Proceedings: Wednesday, October 16, 2019

    IRC logs for Wednesday, October 16, 2019


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

Recent Posts