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

08.11.11

Growing Opposition to Microsoft-Led Cartels and Patent Trolls

Posted in Microsoft, Patents at 8:35 am by Dr. Roy Schestowitz

Harming the United States and even the entire world with monopolistic practices

World puzzle

Summary: The OIN grows further, providing somewhat of a defence against Microsoft’s patent cartels but not against its patent trolls, notably Intellectual Ventures (IV)

AS THE patent storm looms over more and more companies, the OIN grows bigger, pooling together an arsenal of Linux proponents that do not oppose software patents (some are actually proponents of software patents).

The latest additions are the former home of Patent Troll Tracker and also Twitter, which routinely complains about software patents. To quote SJVN:

In case you’ve been under a rock for the last decade, you might not know that today’s technology wars aren’t over who has the best prices, the most features, or the greatest quality. No, in 2011, instead of working on innovating, tech. giants like Apple, Microsoft, and Oracle, are now wasting their resources on intellectual property (IP) lawsuits. So, perhaps it should come as no surprise that networking powerhouse Cisco and social networking force Twitter, is joining the Linux patent protection group, the Open Invention Network (OIN).

The problem with OIN is that it is not effective against trolls as it cannot strike back against them to deter or to eliminate/defuse an attack.

There is this good new article about patent trolls “in all shapes and sizes”. It also covers the cartel of Microsoft’s patent troll, IV. To quote: “In recent months, especially following a widely praised piece from This American Life on Nathan Myhrvold’s Intellectual Ventures, many outside the tech sector are becoming aware of the nightmare the software patent system in America has created for start-ups, inventors and even major corporations—an unfortunate development in a faltering economy where new jobs are scarce and much-needed.”

Yesterday we saw Mr. Cuban calling for the end of software patents and a software patent holder calls it a “troll”, unsurprisingly. Those who are in favour of software patents are there to defend their own monopoly/ies on algorithms.

Those who benefit from software patents are lawyers, their clients, and the patent trolls. “But many of the investors and founders Betabeat spoke with said patent litigation was a costly expense,” alleges Betabeat, “one that forced tech companies to spend money on lawyers instead of hiring even more employees. “We need to face the facts: patent law is killing job creation,” wrote billionaire tech entrepreneur Mark Cuban over the weekend. “If the current administration wants to improve job creation, change patent law and watch jobs among small technology companies develop instantly.”

“And it’s not just small start-ups that are feeling the pinch. Big firms like Microsoft and I.B.M. have built up massive war chests of patents and now have as much interest in protecting the dysfunctional system as reforming it, even if Microsoft founder Bill Gates once said that “if people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today.””

Well, ironically he bankrolled the world’s biggest patent troll, IV. It sometimes seems like the proprietary software cartel plans to collude against Free software not just using patent pools but also patent trolls.

Let’s not forget that Apple is now using embargo too (Apple ban attempts were covered here twice before):

Now AFAICS the main point of Apples complaint centers around the uniqueness of its design, which they registered in the US, europe and a few other places too (and trust me, if they could they would do it for the whole galaxy and all possible parallel universes).

Well, Apple’s tablet is not so different from CrunchPad/JooJoo which predates the iPad (there are even examples from the 1970s). There is a lot more prior art. Here is Apple’s itch and aggressive action, which we wrote about twice before, emphasising that Apple has become a shameless embargo company. Apple cultists are already criticising Techrights for ‘daring’ to criticise Apple for these actions.

The solution is probably to redesign the legal system associated with patents. In Yahoo! News there is currently this article calling for the end of all patents, not just software patents. Quoting the opening parts:

Apple just got an Android tablet called the Samsung Galaxy Tab banned in Australia and Europe, thanks to its supposed infringements of Apple patents. Apple’s also trying to get all Android smartphones and tablets made by HTC banned, and it’s taking potshots at the Motorola Xoom as well. All three companies are firing back with their own countersuits, giving the whole proceedings the feel of global nuclear armageddon.

How did this happen? Aren’t patents supposed to encourage innovation? I grew up being taught that inventors like Thomas Edison raced to discovery, so that they could file a patent on it. I never imagined a world where patents would be used as weapons of war, but that’s what it’s come to these days.

Here’s why the patent system as we know it is broken, and why we need to get rid of it now:

Maybe it’s only a matter of time before the US patent system revises its workings or simply collapses. If this is how business is done now, then the US will lose its ability to compete with the rest of the world. The problem is that these American multinationals also lobby to export their laws to other continents and countries, using lobbying and other forms of bribery (see what happens in New Zealand for example). There was no reason to embargo Galaxy products without hearing the other side of the story (e.g. about prior art) and this is clearly not a case of counterfeiting; no Android-based product bears an Apple logo, except maybe in rogue, unofficial markets.

Linux is winning, so Microsoft and Apple fight hard.

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. High Courts in the United States Still Neither Grappling/Interfering With PTAB Nor Overturning <em>Alice</em>

    In spite of unprecedented pressure from Watchtroll, Dennis Crouch and other prominent elements of the patent microcosm in the United States, software patents continue to enjoy no backing from the courts while the Patent Trial and Appeal Board (PTAB) accelerates its crackdown on such patents



  2. Hailo and Qualcomm Both Want to Profit From Software Patents Rather Than Actual Products

    The (mis)use of software patents for "easy money" is being challenged and it does not look particularly encouraging to those who rely on such patents in 2017



  3. “Spectator” and “The Patent Scam” (New Site/Movie) Tackle the Patent Trolls Epidemic

    The mainstream criticism of patent trolls, culminating even in movies like "The Patent Scam" and others, might be enough to sway public opinion on the subject



  4. Unified Patent Propaganda Courtesy of a Cabal of Firms That Constructed the UPC

    The Unified Patent Court (UPC), a proposed patent litigation system which would harm European industry for the benefit of law firms and their largest clients (abroad), is only being boosted by few selfish and patently dishonest stakeholders, including/enjoying the EPO's massive PR/lobbying budget (FTI Consulting)



  5. Twitter Shadowbans Critics of the EPO Now?

    Criticise the EPO's European Inventor Award 2017 (in a way that becomes visible), get shadowbanned by Twitter (rendering this criticism invisible)



  6. RecogniCorp v Nintendo is Another Nail in the Coffin of Software Patents in the United States

    A precedential new decision against software patents is terrible news for the patent microcosm -- something for them to spin or moan about for a long time to come



  7. Battistelli is Busy Securing the Vote of Countries Whose Support and Tickets Are Easy to 'Buy'

    Battistelli’s banana republic politics and tricks are viewed as his ticket to endless ‘leadership’ (domination by sheer force) of a sinking patent office, whose rules he repeatedly breaks (including lack of eligibility to run it, for multiple reasons)



  8. Patent Snake Oil From Brunel University London and PatentDive

    The ludicrous notion of replacing patent examiners (or searches by humans) with machines is seriously considered by some who should know better... but don't



  9. This is How 'Independent' the Boards of Appeal Are Under Battistelli

    A rather revealing new factoid about the interview that never happened (potentially contradicting a previous one with Battistelli), or why it did not happen



  10. Links 29/4/2017: Endless OS, Pinebook, and New Mozilla Foundation Board Members

    Links for the day



  11. Links 28/4/2017: Subsurface 4.6.4, GNOME Shell & Mutter 3.25.1

    Links for the day



  12. Kather Augenstein and Bristows Shift Attention to Germany in an Effort to Ram the Dying UPC Down Everyone's Throats

    Down the throat, hopes Team UPC, the Unitary Patent system will go, even though Britain cannot ratify, throwing the whole thing into grave uncertainty



  13. United for Patent Reform Defends USPTO Director Michelle Lee From Attacks by the Patent Microcosm

    Michelle Lee is finally (if not belatedly) shielded by a bunch of large technology companies; The deep-pocketed industry finally steps in line with our position, which is usually when things turn out the way we advocate for



  14. Team UPC and CIPA Are Lobbying, Publishing Puff Pieces, and Rewriting the Law for Unitary Patent (UPC) Behind Closed Doors

    A collection of the latest news and views on the UPC, which is being lied about by those who stand to benefit from it and is probably going nowhere because Brexit means that the UK stays out, in which case it must be reset and pertinent ratifications done all over again



  15. China's Suffering From Patent Maximalism Has Europe Forewarned

    The parasitic elements inside China -- those that just want lots of litigation (even if from patent trolls) -- are winning over, much to the detriment of the Chinese economy, and Team UPC threatens to do the same in Europe with help from Battistelli



  16. Links 27/4/2017: Mesa 17.0.5 RC1, Git 2.13.0 RC1, and Linkerd 1.0

    Links for the day



  17. The Latest Expensive PR Blitz of the EPO, Led by Jana Mittermaier and Rainer Osterwalder Under the 'European Inventor Award' Banner

    The PR agencies of the Corsican in Chief, who appears to be buying political support rather than earning any, are very busy this week, as yet another reputation laundering campaign kicks off



  18. Links 26/4/2017: SMPlayer 17.4.2, Libreboot Wants to Rejoin GNU

    Links for the day



  19. PatentShield is Not the Solution and It Won't Protect Google/Android From Patent Trolls Like Microsoft's

    A new initiative called "PatentShield" is launched, but it's yet another one of those many initiatives (Peer-to-Patent and the likes of it, LOT Network, OIN, PAX etc.) that serve to distract from the real and much simpler solutions



  20. Patent Quality Crisis and Unprecedented Trouble at the European Patent Office (EPO) Negatively Affect Legitimate Companies in the US As Well

    The granting en masse of questionable patents by the EPO (patent maximalism) is becoming a liability and growing risk to companies which operate not only in Europe but also elsewhere



  21. Blog 'Takeovers' by Bristows and Then Censorship: Now This Firm Lies About the Unitary Patent (UPC) and Then Deletes Comments That Point Out the Errors

    Not only are Bristows employees grabbing the mic in various high-profile IP blogs for the purpose of UPC promotion (by distortion of facts); they also actively suppress critics of the UPC



  22. Links 25/4/2017: Kali Linux 2017.1 Released, NSA Back Doors in Windows Cause Chaos

    Links for the day



  23. Astoundingly, IP Kat Has Become a Leading Source of UPC and Battistelli Propaganda

    The pro-UPC outlets, which enjoy EPO budget (i.e. stakeholders' money), are becoming mere amplifiers of Benoît Battistelli and his right-hand UPC woman Margot Fröhlinger, irrespective of actual facts



  24. EPO Fiasco to be Discussed in German Local Authority (Bavarian Parliament) Some Time Today as the Institution Continues Its Avoidable Collapse

    Conflict between management and staff -- a result of truly destructive strategies and violations of the law by Benoît Battistelli -- continues to escalate and threatens to altogether dismantle the European Patent Office (EPO)



  25. In the US and Elsewhere, Qualcomm's Software Patents Are a Significant Tax Everyone Must Pay

    The state of the mobile market when companies such as Qualcomm, which don't really produce anything, take a large piece of the revenue pie



  26. In South Asia, Old Myths to Promote Patent Maximalism, Courtesy of the Patent Microcosm

    The latest example of software patents advocacy and patent 'parades' in India, as well as something from IPOS in Singapore



  27. Links 24/4/2017: Linux 4.11 RC8, MPV 0.25

    Links for the day



  28. Why Authorities in the Netherlands Need to Strip the EPO of Immunity and Investigate Fire Safety Violations

    How intimidation and crackdown on the staff representatives at the EPO may have led to lack of awareness (and action) about lack of compliance with fire safety standards



  29. Insensitivity at the EPO’s Management – Part IX: Testament to the Fear of an Autocratic Regime

    A return to the crucial observation and a reminder of the fact that at the EPO it takes great courage to say the truth nowadays



  30. For the Fordham Echo Chamber (Patent Maximalism), Judges From the EPO Boards of Appeal Are Not Worth Entertaining

    In an event steered if not stuffed by patent radicals such as Bristows and Microsoft (abusive, serial litigators) there are no balanced panels or even reasonable discussions


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