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. Chairman of the Board of Red Hat Explains He Was Introduced to GNU/Linux When It Helped His Regime Change in Haiti

    General Hugh Shelton, Chairman of the Board of Red Hat, explains (keynote in 2011 Red Hat Summit/JBoss World) that he was introduced to the system as part of a military campaign; it basically helped war, not antiwar



  2. The Faces of 'The Cloud' (Surveillance in Clown Computing/Clothing)

    Consolidation of the world's computers/servers and the stories told by photo ops; we're particularly interested in IBM's relationship with Condé Nast, which owns The New Yorker and Wired



  3. Microsoft is Now in the Technical Advisory Board of the Linux Foundation

    Techrights politely takes note of the growing role (or roles) of Microsoft employees inside the Linux Foundation; there are now at least half a dozen people



  4. Two Things IBM and Microsoft Have in Common: Layoffs and Fake Hype Like 'Clown Computing' and 'Hey Hi' (AI) as Perceived 'Opportunity' for 'Growth'

    The infamous pair of monopolists, Microsoft and IBM, are both suffering during the COVID-19 lock-downs (no matter how hard they try to spin it and/or distract from it)



  5. IBM (Red Hat) Lectured FSF That It Needed More Diversity, But Was It Looking at the Mirror? IBM and Red Hat Are Even Less Diverse.

    Techrights examines Red Hat’s (IBM’s) hypocritical claims about the Free Software Foundation, founded by Richard Stallman back when IBM was the “big scary monopolist”; IBM employees were prominent among those pushing to oust Stallman from the GNU Project, which he founded, as well



  6. IRC Proceedings: Friday, June 05, 2020

    IRC logs for Friday, June 05, 2020



  7. Guix Petition Demographic Data, by Figosdev

    That old anti-RMS letter, which called for his removal (or resignation) from GNU (RMS is the founder of the GNU Project), as characterised by metadata of signatories



  8. When You Realise People Who Don't Support RMS Do Not Really Support GNU, Either

    The (in)famous letter against Richard Stallman (RMS), which was signed by many Red Hat employees with Microsoft (GitHub) accounts, doesn’t look particularly good in light of recent revelations/findings; it increasingly looks like IBM simply wants Microsoft-hosted and “permissively” licensed stuff, just like another project it announced yesterday and another that it promoted yesterday



  9. The Gates Press (GatesGate) -- Part III: What Happens When You Tell the Truth About Bill Gates and the Gates Foundation

    One might not expect this from a so-called 'charity'; the Gates Foundation's critics are often met with unprecedented aggression, threats and retribution, which make one wonder if it's really a charity or a greedy cult of personalities (Bill and Melinda)



  10. Links 6/6/2020: Bifrost Meets GNOME, Wine 5.10 is Out

    Links for the day



  11. Links 5/6/2020: LibreELEC (Leia) 9.2.3, Rust 1.44.0, and Hamburg's Pivot to Free/Libre Software

    Links for the day



  12. This Article About GitHub Takeover Never Appeared (Likely Spiked by Microsoft and Its Friends Inside the Media)

    And later they wonder why people distrust so much of the media (where paying advertisers set the agenda/tone)



  13. Raw: How Microsoft and/or the EPO Killed an Important EPO Story About Their SLAPP Against Techrights and Others

    Spiking a story about spiked stories about corruption



  14. The Linux Foundation 'Bootcamp' -- Badly Timed and Badly Named in June 2020 -- Only Uses Linus Torvalds Like a 'Prop' (for Legitimacy) While Promoting Militarised Monopolies

    Sometimes a picture says a lot more than words, especially in light of political events in the US and a certain Chinese anniversary we cannot name (Microsoft censors mentions of it)



  15. IRC Proceedings: Thursday, June 04, 2020

    IRC logs for Thursday, June 04, 2020



  16. The Gates Press (GatesGate) -- Part II: When Media That You Bribe Calls All Your Critics 'Conspiracy Theorists' (to Keep Them Silenced, Marginalised)

    The assault on the media by Bill Gates is a subject not often explored by the media (maybe because a lot of it is already bribed by him); but we're beginning to gather new and important evidence that explains how critics are muzzled (even fired) and critical pieces spiked, never to see the light of day anywhere



  17. GitHub is Not Sharing But 'Theft' by Microsoft

    Microsoft buying GitHub does not demonstrate that Microsoft loves Open Source (GitHub is not Open Source and may never be) but that it loves monopoly and coercion (what GitHub is all about and why it must be rejected)



  18. The Huge Damage (Except for Patent Lawyers' Bottom Line) Caused by Fake European Patents

    The European Patent Office (EPO) keeps granting fake patents that cause a lot of real harm (examiners are pressured to play along and participate in this unlawful agenda); nobody is happy except those who profit from needless, frivolous lawsuits



  19. Red Hat/IBM Got 'Tired' of RMS. Is It Getting 'Tired' of GPL/Copyleft Too?

    After contributing to the cancellation of Richard Stallman (RMS) based on some falsehoods perpetuated in the media we're seeing the sort of thing one might expect from IBM (more so now that it totally controls Fedora and RHEL)



  20. Links 4/6/2020: Proton 5.0-8 Release Candidate, GNU Linux-libre 5.7

    Links for the day



  21. IRC Proceedings: Wednesday, June 03, 2020

    IRC logs for Wednesday, June 03, 2020



  22. Social Engineering of Free Software, Based on Corporate Criteria

    What "professional" nowadays means in the context of coding and honest assessment of technical work



  23. Weakening GNU/Linux by Disempowering Its Leaders and Founders, Replacing Them With Microsoft Employees and GNU/Linux-Hostile Moles

    The coup to remove (or remove power from) Stallman and Torvalds, the GNU and Linux founders respectively, is followed by outsourcing of their work to Microsoft’s newly-acquired monopoly (GitHub) and appointment of Microsoft workers or Microsoft-friendly people, shoehorning them into top roles under the disingenuous guise of "professionalism"



  24. Sword Group Violates Its Own Commitment by Working for the EPO

    The European Patent Office (EPO) keeps outsourcing its work to outside contractors (for-profit private entities) to the tune of hundreds of millions if not billions — all this without any oversight



  25. In 2020 Canonical No Longer Fights for Freedom

    Freedom requires a GNU/Linux distro other than Ubuntu, which seems unwilling or unable/incapable of speaking about and promoting the ideals of GNU/Linux



  26. We Need to Use the F Word (Freedom) to Promote Adoption of GNU/Linux

    "People get the government their behavior deserves. People deserve better than that." -Richard Stallman



  27. People Who Want to Explore GNU/Linux With Ubuntu See This Today

    "Wait, am I in a GNU/Linux blog or another Windows blog," a visitor might think... or, is Microsoft 'taking over' messaging at Canonical? (Same with code)



  28. Links 4/6/2020: Septor 2020.3, Nextcloud and Blender 2.83

    Links for the day



  29. Hey, Where's Red Hat (IBM)?

    Red Hat is conspicuously silent at these critical times (in its home country); Must be too busy hailing and cashing in on Trump's military (state) while dishing out shallow and self-contradictory diversity PR/fluff…



  30. Microsoft's Latest Vapourware About Supercomputers

    Microsoft has spent almost two decades dropping supercomputers vapourware on the media, but those misinformation dumps always turn out to be 100% hot air, no substance


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