07.08.11
Thoughts on Microsoft
Summary: Microsoft is a longtime monopoly abuser and now a major patent aggressor. This video explains my distrust of Microsoft.
YouTube: Thoughts on Microsoft – Part 1
Or as Ogg:
[More below...]
Summary: Microsoft is a longtime monopoly abuser and now a major patent aggressor. This video explains my distrust of Microsoft.
YouTube: Thoughts on Microsoft – Part 1
Or as Ogg:
[More below...]
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Hosts: Randal Schwartz and Aaron Newcomb
Randal’s presentation at FISL 12
According to a Google+ post (what are we going to call those? Geeps?) Cyanogen himself is working on porting the Linux 3.0 kernel to Android-powered devices running on the msm7x30 chipset.
Linux-KVM mentions QED, the new QEMU Enhanced Disk format. This new disk format for QEMU/KVM is designed to be much faster than QCOW2 and other existing disk formats available to virtualization users.
We are putting together a historical gallery celebrating Linux’s last 20 years for LinuxCon in Vancouver. This gallery will be a walk down memory lane that should be fun for everyone, but we need your help! A few samples of what we already have collected: the original books Linus used to learn programming, a video booth where you can leave your story of Linux, pictures and videos from the history of Linux, a timeline of major Linux accomplishments, CDs and boxes of early Linux distributions, computers used to do early hacking, memorabilia from IBM’s Peace/Love/Linux campaign and much more.
Six years later than originally expected, the kernel now contains all the essential components for Xen Dom0 operation. In Linux 3.0, the developers are tackling various problems in the ARM code, reboot code and UEFI code; however, Torvalds has slightly disappointedly given up on the code size optimisations.
A good solid scan of the open source newswires this week left me jumping around the web ultimately landing on the website for Juice. An open source ‘Media Aggregator’ program, Juice allows the user to download audio files from anywhere on the Internet to your desktop.
If you are vehemently cross-platform and open source focused, then you’ll be pleased to know that Juice is platform-independent, so you can use it from virtually any computer and play the files on any MP3 device.
For many years, some “Tech pundits” and “critics” have claimed “Desktop Linux is dead”, of course that statement is incorrect as we have companies like Canonical thrusting their Linux flavour into the mainstream with more people experiencing Linux on their desktop. As indi development moves forward in leaps and bounds too (which many hugely successful titles) we see in most cases a Linux flavour is catered for within their releases.
You’ll need both kdepim and kdepim-runtime, and please make sure to have the most recent Akonadi, Soprano, kdelibs4, kdepimlibs4.6 and friends.
Also shared-desktop-ontologies (SDO) 0.6.x is required — kdepim 4.6.1 will not build against newer versions of SDO.
Today KDE released updates for its Workspaces, Applications, and Development Platform. These updates are the fourth in a series of monthly stabilization updates to the 4.6 series. 4.6.5 updates bring many bugfixes and translation updates on top of the latest edition in the 4.6 series and are recommended updates for everyone running 4.6.4 or earlier versions. As the release only contains bugfixes and translation updates, it will be a safe and pleasant update for everyone. KDE’s software is already translated into more than 55 languages, with more to come. To download source code or packages to install go to the 4.6.5 Info Page. The changelog lists more, but not all improvements since 4.6.4. Note that the changelog is incomplete. For a complete list of changes that went into 4.6.5, you can browse the Subversion and Git logs. 4.6.5 also ships a more complete set of translations for many of the 55+ supported languages. To find out more about the KDE Workspace and Applications 4.6, please refer to the 4.6.0 release notes and its earlier versions.
Back in March we looked at KDE’s new Plasma project for portable devices. At the time it offered some interesting effects and a new work flow philosophy. But as far as new interfaces might go, it wasn’t totally alien. However, as developers sometimes do, they want to take it even further.
Martin Graesslin blogged today of some of the new ideas on which he and his fellow hackers have been working. Primarily, many features of KWin can be eliminated in order to reduced size and increase performance. One of the new functions was to add build option that allowed developers to remove undesirable bloat such as XRender compositing support. Another is the removal of window decorations.
Mailnag is an application that notifies you about new emails you receive via the new GNOME 3 notifications system. It works with both POP3 and IMAP servers (and yes, it works with Gmail too) and looks pretty much like Popper (it’s actually a Popper fork).
Pardus developers delayed the release of Pardus 2011.1 for a week. Now it will be released on July 10, 2011 if everything goes well. All the way, Pardus!
BackTrack is a well-known specialized Linux distribution focusing on security tools for penetration testers and security professionals, but it now offers a lot in terms of forensics…
[...]
BackTrack is filled with a collection of more than 300 open source security tools, which you can find organized in different submenus of the “Backtrack” menu: “Information Gathering”, “Vulnerability Assessment”, “Exploitation Tools”, “Privilege Escalation”, “Maintaining Access”, “Reverse Engineering”, “RFID Tools”, “Stress Testing”, “Forensics”, “Reporting Tools”, “Services”, and “Miscellaneous”. Each submenu is further subdivided into subcategories. The developers have added a nice touch to menu items of commandline utilities: when you click on such a menu item, it opens a terminal window with the tool showing its usage, e.g. with the –help option.
You see, Sabayon 6.0 comes almost fully packed with software. It is kind of different from what I have seen in Sabayon 5.5 XFCE.
The PCLinuxOS Magazine staff is pleased to announce the release of the July 2011 issue of the PCLinuxOS Magazine. The PCLinuxOS Magazine is a product of the PCLinuxOS community, published by volunteers from the community. The magazine is lead by Paul Arnote, Chief Editor, and Assistant Editors Meemaw and Andrew Strick. The PCLinuxOS Magazine is released under the Creative Commons Attribution-NonCommercial-Share-Alike 3.0 Unported license, and some rights are reserved.
Setting up my Canon MP250 multifunctional in Fusion Linux was the easiest of all other distros I’ve tried since I bought it. It fetched the driver automatically and also what I think to be a custom PPD, because I now have a bunch of options that are not available in Canon’s official Linux driver. Well done, Fusion, very well done! My multimedia USB keyboard works flawlessly as well. My camera, my Galaxy Mini, USB sticks, USB card readers, all were quickly and correctly recognized.
With Debian Squeeze out, it is time for me to install the latest that the Debian community has to offer. I find that the installation is very straightforward so I will just post screen captures where the user would need to interact with the installation for bare bones configuration. So here we go….
This is the Unity weekly report for 6 July. The last week the team spent some time hacking on Unity in Dublin, Ireland, which included a quick meet and greet with the local team. The main things that happened this week were mostly plumbing and GTK3 porting, which is now complete. Other than compiz modal dialogs there’s no new crazy bling this week, just boring foundationy bling and a bunch of hacking:
Firstly, here’s a video demoing Unity, Unity 2D and GNOME Shell (GNOME Shell is not installed by default!) in Ubuntu 11.10 Oneiric Ocelot alpha 2:
The Ubiquity installer is getting much smarter and understandable with every incremental release. People new to Linux (who fear messing up their existing OS while doing a dual-boot installation), and those who don’t understand what swap space is, or how much they need of it, will like Ubiquity. This installer is quite impressive; it guides you at every step, letting you know what’s happening, what you might want to do, and how it can be done. It detects whether you’re installing on a system with an existing Windows installation, or upgrading from an earlier Ubuntu install, etc. It also has an expert partitioning option for experienced Linux users. Once you enter the required choices, the installer begins copying files in the background, while you fill in additional information like the time zone, user details and more. The migration assistant, too, works flawlessly, and migrates your documents, pictures, user settings and so on without any hassle. You can also choose to install third-party software like Flash, MP3 codecs, Java, etc. Installation is not much speedier. Boot time from a live USB was less than a minute on a Core2Duo laptop, and two minutes on my netbook.
McCain says it will supply San Francisco with a new Linux-based traffic controller computer that meets the latest Advanced Transportation Controller (ATC) standards. Built around a Freescale PowerQUICC II Pro processor, the “2070LXN2 NEMA” offers several keypads, an 8×40 display, plus Ethernet, USB, serial, and SDLC connections, says the company.
WebOS is, of course, based on Linux, and its official launch on HP’s new TouchPad this week marks its official debut in the tablet space.
Android/Linux shipped on 1/3 as many tablets shipped as iPads in Q2 of 2011 but it is expected that Android/Linux will ship on 1/2 as many devices as iPad in Q3. At this rate, the iPad will be overtaken in the Christmas rush or at the latest, in Q1 of 2012.
The Harmony agreements reached a significant milestone this week, as they were tagged 1.0 and left the “beta” stage. As someone who has previously taken position regarding contributor licensing agreements, I was asked this week what my thoughts on Harmony are.
First off, let me say that I have not followed the Harmony process closely. Indeed, the process, which was semi-open, but operated under Chatham House Rules (any participant can quote what was said in a meeting, but cannot name the person who said it), is one of the major issues I have seen people take with Harmony. The lack of a clearly identified team taking responsibility for the contents and standing behind the agreement texts is unfortunate, but I think it’s an issue completely independent of their content and the project’s goals.
Harmony, the Canonical-led effort to provide a comprehensive suite of contributor agreements for open source projects, has quietly released its version 1.0, a year after Canonical general counsel Amanda Brock announced the initiative on opensource.com. During most of that year, Harmony’s construction took place out of the public view, in deliberations that were cloaked by the Chatham House Rule.
Despite my admiration, respect and affection for those who have been driving Harmony, I cannot endorse the product of their work. I believe Harmony is unnecessary, confusing, and potentially hazardous to open source and free software development.
Much advertising is designed to convince us to buy or use of something that we don’t need. When I hear someone droning on about some new, wonderful thing, I have to worry that these folks are actually trying to market something to me.
Very soon, you’re likely to see a marketing blitz for this thing called Project Harmony (which just released its 1.0 version of document templates). Even the name itself is marketing: it’s not actually descriptive, but is so named to market a “good feeling” about the project before even knowing what it is. (It’s also got serious namespace collision, including with a project already in the software freedom community.
Project Harmony markets itself as fixing something that our community doesn’t really consider broken. Project Harmony is a set of document templates, primarily promulgated and mostly drafted by corporate lawyers, that entice developers to give control of their software work over to companies.
My analysis below is primarily about how these agreements are problematic for individual developers. An analysis of the agreements in light of companies or organizations using them between each other may have the same or different conclusions; I just haven’t done that analysis in detail so I don’t know what the outcome is.
Telemetry makes its debut in the Aurora channel this week and we’re encouraging all of our Aurora people to send the anonymous performance and resources data to Mozilla so that we can work on the problems out on the real Web rather than just the things that synthetic tests can identify.
One of my favorite bumper stickers reads, “If you’re not outraged, you’re not paying attention.”
That’s sort of how I feel about the health care debate. If more Americans paid attention to the fate of neighbors and loved ones who have fallen victim to the cruel dysfunction of our health care system, they would see through the onslaught of lies and propaganda perpetrated by special interests profiting from the status quo.
I’m a programmer, a developer, a hacker. I’m mostly involved with the Open Source community and I try to promote open source development as much as I can. Unfortunately, most of the time when I tell someone that I’m a “developer”, they don’t understand the concept, and when I start talking about open source, they understand me even less.
The world is full of people with different background, with deferent references and we don’t always understand each other. As most of you who read my blog would probably know, I’m involved in the PS3 hacking scene, and I see a lot of misinformed people, and I read a lot of things that don’t make any sense to me. This is because most people don’t understand the world that we (developers/hackers) come from and things tend to be misinterpreted.
Remember the days of DOS gaming, piles of floppy disks, messing around to get your 14.4k modem working?
The Brazilian government has signed a letter of intent to work with both The Document Foundation and the Apache OpenOffice.org community to develop the Office Suite platforms maintained by both communities. The letter asserts that the ODF standard is already a guarantee of interoperability within the government. As Brazil is one of the biggest users of both LibreOffice and OpenOffice with an estimated million public computers running the free/open source office suites, the govenment aims to make the national contribution to the projects more effective.
Well, another “Patch Tuesday” approaches with 22 serious fixes since the last batch, one month ago. If they are fixing 2/3 of a bug per day, how many are the bad guys finding per day? It could be dozens. “7″ has been around for about two years, 24 months. Hundreds of serious bugs have been fixed and many of them were around on Day One just waiting to be found. We could have years more of this bug-fixing and many hundred more exploits to go before “7″ is given a decent burial.
By the time WikiLeaks arrived in Tunisia, several incidents had already taken place, such as the death of Mohamad Bouazi, the vegetable-seller who set himself on fire in Sidi Bouzi. There had been opposition to the regime for a long time, but now people took to the streets.
It was a Tunisian group that created a web page called “Tunileaks” where they published all the reports on Tunisia from WikiLeaks, which point to the corruption of the former authorities.
Coming on the heels of a neighboring state fracking ban in New Jersey, New York Governor Andrew Cuomo, a Democrat, will make a momentous announcement at a press conference this morning: the moratorium on drilling for methane gas in New York’s Marcellus Shale play is over, according to the New York Times.
Fracking, more formally known as hydraulic fracturing, is the ecologically lethal process through which methane gas is procured (the industry term being “natural” gas), and during which numerous cases of groundwater contamination have been documented. Though hyped by the methane gas industry and President Barack Obama as “America’s Clean Energy Future,” other than mere water contamination, it has been scientifically documented by researchers at Cornell University that the entire emissions process for methane gas is dirtier than that of coal.
At the end of May, as the Wisconsin Joint Finance Committee (JFC) worked day after day and late into the night voting on changes and amendments to the state budget bill, Joint Finance Co-Chair Alberta Darling (R-River Falls) quietly slipped a small provision into the massive budget bill that has received little attention.
British government officials approached nuclear companies to draw up a co-ordinated public relations strategy to play down the Fukushima nuclear accident just two days after the earthquake and tsunami in Japan and before the extent of the radiation leak was known.
Internal emails seen by the Guardian show how the business and energy departments worked closely behind the scenes with the multinational companies EDF Energy, Areva and Westinghouse to try to ensure the accident did not derail their plans for a new generation of nuclear stations in the UK.
Now-former Fox News personality Glenn Beck closed “The Glenn Beck Program” Thursday night with what amounted to an hour-long monologue — technically 42 minutes, minus commercials, by his own estimate. (There were clips, and he exchanged a few words with his crew, but none of them were miked, and his was essentially the only voice heard.) To the extent that I can make it out, I don’t hold with Beck’s brand of what looks like politics, but which is actually something more amorphously free-ranging, a vision, a view, a knitting of not always connected facts, faux facts and buzzwords into a worried, world-entangling web. But as a television personality there is no denying him, even as he cuts loose, or has been cut loose, or both, from his high-profile, cable-TV pulpit-playground.
Apple’s claim that it owns the trademark “app store” has been dismissed by a US court.
The computer giant was seeking a preliminary injunction to stop Amazon calling its “app store” the “Appstore”.
Apple claimed that “App Store” was a distinctive mark, even though the words app and store are well-known and well-understood.
Farewell to Novell
Summary: The GNU/Linux distribution called “Ubuntu” is under scrutiny; it is also said to be declining among distributions. This video is a ramble which discusses what’s going on with Ubuntu this year.
YouTube: Thoughts on Ubuntu in 2011 – Part 1
Or as Ogg:
[More below...]
Summary: The Polish Presidency needs to be pressured by Polish citizens in order for it not to support the plot of Michel Barnier, who might import software patents into Europe
“The patent microcosm wants software patents outside of the European Court of Justice,” alerts the president of the FFII, pointing to this new page which says:
The blog of the European Patent Lawyers Association (EPLAW) is interesting in many respects. For example it was the only place were, during Summer 2010, the opinion of the Advocates General of the European Court of Justice (ECJ) on the incompatibility of the proposed European Patent Court System with European Treaty Law was leaked. Recently, it was also the first place where the “non paper” of the Commission services about proposed solutions for a Unified Patent Litigation System was published. But here we want to focus on a series of posts on this blog, an exchange of views between two prominent members of EPLAW. Beside the opportunity to benefit from the take of of professional legal analysts about the opinion of ECJ on the incompatibility of the envisaged unified patent litigation system with European Union (EU) Treaties, reviewing this series of posts helps to understand what kind of patent system the “patent microcosm” hopes for, and what kind of alternative is the deepest fear of its members. Finally, now that Commission and Council have discussed some options about a unified patent litigation system, we can weight influence of the patent microcosm on EU institutions.
“Software patents granted by the EPO will come back under the plans of the Community Patent or the EPLA,” quotes/claims the same person in relation to another document. Taking stock of this page, he implicitly argues that the east-European nations don’t stop advertising the abomination which is the “EU patent” (we saw more of that before, e.g. Czech Republic, even Sweden):
Polish Presidency will push for software patents through the backdoor
Over in France, Free software activists name and shame Barnier for his irresponsible acts (read what we wrote here, here, here, and here for context). See this new page from April, which says:
On March 10th 2011, the Commission and the Council of the European Union rejoiced in a press release about the decision taken in the morning by the Council, to authorize “an enhanced cooperation among Member States for the creation of a unitary patent title”. But these fine statements were shattered by the next press conference: questions from a couple of reporters regarding a decision from the Court of Justice of the European Union on the very same subject embarrassed, at the very least, Commissioner Barnier. The deciphering of this Council meeting gives us the opportunity to explain this complex but essential issue in the fight against software patents, in which April is engaged.
According to this new report, Amazon is not done trying to harm Europe with software patents, as we showed before. To quote The Register:
A payment system devised by online retail giant Amazon is too obvious to patent, the European Patent Office (EPO) has ruled.
Amazon had hoped to patent the way its customers pay for products through the click of a single webpage button. The company was previously granted patent rights to the payment system in the US.
An appeals board at the EPO ruled that the “one-click” method was too obvious as it relied on existing inventions, called “prior art” in patent law. Inventions must be new, take an inventive step that is not obvious and be useful to industry to qualify for patent protection.
The ruling backed the findings of a previous EPO examination into Amazon’s application.
Amazon pays Mirosoft for Linux. This happened after Amazon had hired many former Microsoft managers, to whom Amazon was just a next-door employer.
We must stay vigilant in light of these attempts to push software patents into Europe. The EU is a sort of bridge which can prevent the rest of the world from being polluted by USPTO-style patents.█
Summary: Now that there is no Novell, the only option for some administrators is Microsoft
Microsoft not only took control of Novell patents. It also had a close partner take control of Novell’s products that compete against Microsoft. So Attachmate becomes a “controlled opposition” of sorts and in a future post we will show that Attachmate does almost nothing to compete with Microsoft (this requires a lot more research). Meanwhile, a new video uploaded to YouTube shows the sort of effect the sale has had. Here it is as Flash (no WebM yet and TinyOgg is shutting down next week):
There is nothing else about Novell in YouTube, except this one new video and some unrelated cruft. Novell is pretty much dead there and when it comes to OpenSUSE, here is all that we found:
OpenSUSE has generally been quiet recently. There is still an argument in IRC over how closely tied it is to Novell staff (or former staff).
Summary: News about software patents that affect Free software and Android developers in addition to the increased backlash from the public and some people inside government
TECHRIGHTS is pleased to see the opposition to software patents growing. More people are made aware of the problems and they also speak out about these problems, sometimes passionately. Sooner or later we might all win this fight for sanity. It’s definitely achievable if the population is on the right side and those in power (the monopolists, oligarchs, or whatever we may wish to call them) will perform an analysis and realise that the backlash from the public outweighs the benefits (protectionism) they get from software patents. It would not be a simple matter of altruism as that alone is never enough to make power-greedy people become more civilised and considerate.
Anyway, an Apple booster notes that the socipaths from Apple got Nortel’s patents and we soon learn that the Canadian “Industry Minister [Christian Paradis, based on this report] tells Bloomberg he plans to look into Nortel patent sale under foreign investment law.” Muktware even calls for a boycott following the outrageous sale:
Enemies of Google, the world’s largest open source company, are acquiring software patents after patents through direct or proxy acquisitions. Earlier it was Novell’s patents and now its about Nortel’s patents. The companies which are acquiring these patents are not only known monopolists or abusers but have also been seen lately to discourage innovation and kill competition by using patents as threats.
One common player in these two acquisitions is Microsoft, a company which earlier tried to hide behind a consortium to acquire Novell’s patents.
Microsoft has signed 5(+-) deals in a week with small Linux players over Android/Google Chrome. The details of the deals were not disclosed so we don’t even know which patents Microsoft is using to threaten small companies with lawsuits forcing them to sigh such deals.
What is the guarantee that Microsoft or Apple will not use the patents that they acquired through these acquisitions to block innovation and kill competition in the market? Patents were meant to protect the inventor, but softrware patents are nothing more than a way to kill competition.
Regarding the government’s action:
According to a report today by The Canadian Press, the auction may come under government scrutiny. Industry Minister Christian Paradis has reportedly asked his department to examine how the Investment Canada Act could apply to the auction. If the auction us found to be reviewable under the act, Paradis could potentially block the sale if it’s found to not be a “net benefit” to Canada.
Groklaw‘s Webbink wonders why the US DOJ and FTC are missing in action:
Last year the big news was that Attachmate was buying Novell, but that Novell’s patent portfolio was being sold separately to a little known buyer named CPTN Holdings LLC. It was known that Microsoft was one of the companies behind CPTN, but then it came out that CPTN was not just a single company, it was a consortium, and more importantly, it was a consortium of competitors. Included in the CPTN fold were Microsoft, Apple, EMC and Oracle. Their common enemy? Google.
But Google was not the only entity concerned about this alliance of the largest companies in the information technology sector, almost all of which compete with each other on some level. The Free Software Foundation and Open Source Initiative filed complaints with competition authorities in the U.S. and Germany. In the end German and U.S. competition authorities extracted changes in the transfer, ownership, and licensing of the Novell patents to assure a level playing field that allowed room for free and open source software.
So where are they now that Nortel’s patents cast doubt on fair competition? This is a lot worse than CTPN, but as we demonstrated before, the federal system is inherently corruptible and tilted in favour of the USPTO (which is a sibling of sorts)
As the Australian press puts it this week, it is a lot worse, and to quote verbatim:
New legislation shows how much sway banks have over Congress, writes Andrew Ross Sorkin.
WALL Street often tries to play down its influence in Washington. As the US Congress pushed through financial regulations that seemed to get watered down last year, Wall Street’s chief executives tried to suggest, somewhat surprisingly, that their highly paid lobbyists did not have much sway.
If there is still any question about how much power Wall Street actually has in Washington, here is some fresh evidence worth examining.
In a piece of legislation recently passed by the House of Representatives and the Senate to revamp patent law, a tiny provision was inserted at the last minute called section 18. The provision has only one purpose: to allow the banking industry to skirt paying for certain important patents involving ”business methods”.
Here is a report of interest about the position Google is in. Google should really spend that famous “Pi Billion Dollars” on abolishing sofwtare patents, not acquiring some. But this is how Bloomberg puts it:
Google Inc. (GOOG)’s loss in bidding for the $4.5 billion portfolio of Nortel Networks Corp. patents last week means the Internet-search company will be looking to buy other inventions to build a bulwark against lawsuits targeting its Android system, patent brokers said.
“There are a lot of phenomenal portfolios for sale,” said Dean Becker, chief executive officer of ICAP Patent Brokerage in Palm Beach, Florida, the world’s largest patent seller. “Every operating company is in the market because of the expense, distraction and the potential financial risk of patent litigation.”
Google ought to just quit this conformism and do what is right for the population as a whole — that is — ending software patents. We urged Google to do this many times before and we shall continue to do so.
Meanwhile, Microsoft goes to companies that are partners (like Samsung and HTC) for a tax on Android and the Linux sites are finally starting to wake up [1, 2] and cover such shocking news that changes the whole way software is made and sold. Tim and I talked about this in last night’s TechBytes episode. See the show notes from Tim.
HTC pays Microsoft for Android and Apple sued HTC using software patents. HTC picks up some patents now, maybe for defensive purposes (e.g. against Apple).
It is mostly Apple that is going to lose from Android’s growth, but Microsoft is ahead of Apple when it comes to extortion although they increasingly collaborate in their patent attacks on Linux. The Linux-hostile and pro-Microsoft lobbyist is doing what he can to spin the news. Yes, he is a lobbyist, not an analyst (he also told me that he has had 4 clients this year but refused to name them). “Thumps [sic] up, Apple,” writes the lobbyist, “for buying the Nortel patents. Thumbs down, Google, for not doing so.”
Wait, what?!
Well, coming from the same lobbyist who reposts many other Google-hostile articles and tweets, even some from Rob Enderle and other Microsoft boosters (also celebrating patent extortion against Android) this week, this oughtn’t be too shocking. He also found friends like Miguel de Icaza and one can call him a liar for painting Google as the “bad” party for being the victim of Apple’s patents acquisitions (if anyone is bad here, it’s Apple). This is part of a pattern we explained here before — even when Google is victimised, it is still the “bad” party in the eyes of Microsoft Florian.
One has to be very dishonest to carry on with this spin. I spent a lot of time yesterday and the day before that challenging him in Twitter. The more he speaks, the uglier his activity seems. He probably enjoys the attention, but nevertheless, lobbyists like him need to be exposed, just like Zuck; otherwise, their posturing (e.g. as an ‘analyst’ or ‘activist’, even though he has no qualifications in this area) might fool some reporters who are being mass-mailed.
Last month we showed Florian pushing Lodsys’ agenda by urging developers to pay the patent troll. He turned out to be wrong when Apple stepped in. Well, he tells them to give up — the same defeatism on which he was wrong before. How can anyone takes him seriously? Just because he is mass-mailing people with publications and blogs does not mean they should just publish it and that others should take him seriously.
Groklaw has this update on the case:
Another day and three new declaratory judgment actions against Lodsys with respect to the four patents it has been asserting. While one of the three new actions is in the Northern District of Illinois, where several of the other declaratory judgment actions have been filed, two of them are in new venues – one in Arizona and one in the Southern District of California. This changing of venues is important. While Lodsys may seek to consolidate the cases in the Northern District of Illinois for the sake of efficiency (and saving Lodsys attorney’s fees), Lodsys will likely have to defend in each of the other jurisdictions where a declaratory judgment action is filed, thus increasing the cost of defense as local counsel is retained in each case.
One of the latest to be attacked is the New York Times and over at Forbes, Martin Zwilling writes that software patents have become a “tax on innovation”, citing the Lodsys saga:
I always advise software startups to file patents to protect their “secret sauce” from competitors, and to increase their valuation. The good news is that a patent can scare off or at least delay competitors, and as a “rule of thumb” every patent can add up to $1M to your startup valuation for investors, or for M&A exits (merger and acquisition).
The bad news is that patent trolls can squeeze the lifeblood out of innocent and unsuspecting entrepreneurs, as exemplified by the current mess around Lodsys patent No. 7222078. This patent holding company is charging infringement and demanding royalties from every app developer for the iPhone and Android, for a feature most agree has been in apps for many years.
Yes, the software patent process is a mess. I say this with conviction even after I survived the process, and have a software patent pending. Consider this list of commonly recognized software patent flaws, as summarized from my research, Paul Graham’s “Are Software Patents Evil?” essay, and the most recent “Enough is Enough” article by VC Fred Wilson, sparked by the Lodsys case
AP speaks of a story we have mentioned for a while about automobiles becoming victims of software patent litigation too, raising the cost of vehicles. Here is another take on it (less formal):
According to AP, the lawsuit centres on patents involving software and electronic components that are used in features to make phone calls, play music and access navigation tools with vocal commands.
As we noted a while ago, the developer behind Winamp made his stance clear on this quite recently (his take became popular this week for whatever reason). The opposition to software patents grows, thanks in part to Lodsys and the patent it got from Microsoft’s former CTO. We need to keep fighting the enabler of monopoly abusers, not just the monopoly abusers themselves. █
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