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. “Conservative” Site Responds (Yet Again) to Misguided “Conservative” Efforts to Derail Patent Reform in the US

    Patent trolls throw stones in glass houses, contributing to their own unpopularity, but some influential “Conservatives” continue to defend (conserve) them



  2. Increase in Lobbying for Software Patents in Europe and Its Trojan Horse, the Unitary Patent (UPC)

    The relentless campaigns to bring software patents into Europe have not stopped and so-called 'unification' -- much like so-called 'trade' deals -- serves to support them



  3. Microsoft Technology Crashes Financial Markets, Again

    SunGard, which is a Microsoft shop, is clearly failing to provide what it calls mission-ciriticaal [sic] solutions



  4. Alice v. CLS Bank (Alice/§101) Comes to Squash Software Patents Even in Eastern District of Texas

    The crackdown on software patents is coming along nicely and the Alice case is now being utilised even in the capital of patent trolls



  5. Apple's Patent Cases Against Android Are Falling Apart, as Acknowledged Even by the Anti-Android Lobby





  6. Links 29/8/2015: NetworkManager 1.0.6, Systemd Merges “su” Command Replacement

    Links for the day



  7. Microsoft Loves Linux to Death and Still Tries to Kill GNU/Linux

    Microsoft's relentless attacks on GNU/Linux and Free software in general (even if it runs on Windows) are so evident that claims of 'love' remain laughable at best (if not infuriating)



  8. Censorship, Self-Censorship and Intimidation Now the Modus Operandi at EPO

    The European Patent Office has ceased even trying to pretend that it respects human rights, including the right to free speech



  9. Patent Practitioners: "The Unitary Patent Might be Able to Open the Floodgates for Software Patents in Europe"

    The EPO-backed Unitary Patent scheme threatens to bring software patents to Europe and along with them a lot of patent trolls from all around the world (especially the United States)



  10. Microsoft Lies About Vista 10 and Increases Microsoft Surveillance (Even Beyond Vista 10 and Into Android, Vista 7/8)

    Windows surveillance expands retroactively, making its way into platforms other than Windows and also expanding to predecessors of Vista 10



  11. Another Suicide at the EPO, Fifth by Our Count

    Yet another EPO member of staff has just committed suicide, leading to the inevitable question: how many people need to die before Battistelli and his minions are out of the Office for good?



  12. Links 27/8/2015: ownCloud Desktop Client 2.0, Red Hat Downgraded

    Links for the day



  13. Microsoft-connected Mesosphere Threatens to Eliminate Free Software in the Datacentre

    Hiding behind a misleading 'open' label while actually backed by Microsoft (and based on new rumours may join Microsoft), Mesosphere wishes to eradicate Free and back doors-free software in large datacentres hosting a lot of physical and virtual servers



  14. Microsoft Aggression Against GNU/Linux Amid Vista 10's Failure

    A look at the recent assault on GNU/Linux in Munich and the likely cause for this assault (in such a timely fashion, too)



  15. Message to LinuxCon Regarding Microsoft: “It is Necessary to Get Behind Someone in Order to Stab Them in the Back.” -Sir Humphrey Appleby

    Jim Zemlin, executive director of the Linux Foundation, helps Microsoft gain influence in the Foundation after payments are received



  16. Market Share Estimates Confirm That Vista 10 Failed in a Major Way

    Confirmatory evidence that Vista 10 is failing in the market about a month after its much-hyped (paid coverage) release



  17. When Microsoft, the Master of Patent Trolls, Complains About Trolls

    Possibly the world's biggest patent abuser and monopolist, which also creates many patent trolls (including by far the biggest one), takes on a far smaller abuser in Court



  18. Letter Signed by Two German Officials Becomes a Microsoft Weapon of Propaganda

    Microsoft and its minions refuse to leave Munich alone, even though the vast majority in Munich are perfectly happy with Free/libre software



  19. Links 25/8/2015: Linux Kernel 4.2 Final RC, KDE Ships Plasma 5.4.0

    Links for the day



  20. Sabine Pfeiler and Otto Seidl Should Take Note as Russia -- Like China -- is in the Process of Banning Microsoft Windows for Security Reasons

    A look at a strange suggestion, signed by Sabine Pfeiler and Otto Seidl, who suggest going back to Microsoft which is basically a spyware company now



  21. Microsoft Windows Leads to Espionage and Blackmail: Latest Examples

    Another news overview, detailing high-profile examples of high-cost Windows deployments (including the cost of litigation and settlement)



  22. Links 23/8/2015: BcacheFS Benchmarks, Blackphone 2

    Links for the day



  23. Links 22/8/2015: Chromebook Gains, GNOME 3.18 Clues

    Links for the day



  24. Alice v. CLS Bank (the Alice Case/§101) Continues to Crush Software Patents in the United States

    Patent scope in the United States continues to be narrowed down as more software patents get their wings clipped



  25. Company of Hype and 'Fanbois' Continues Its Patent Attacks on Android/Linux

    Apple's attacks on Android (using bogus patents) may be soon be escalated to the US Supreme Court (SCOTUS)



  26. EPO Corruption of Patent Boundaries: Business Methods and Algorithms Patented

    How the European Patent Office (EPO) not only turns a blind eye to European law while patenting or granting patents on software but also openly advocates this now



  27. Who's Obsessing Over Patent Trolls in Latest 'Reform' Efforts? Larger Patent Trolls Such as Xerox

    Response to claims that the patent problem is being tackled by focusing on patent trolls and their favourite courts in the Eastern District of Texas



  28. Links 20/8/2015: Fedora 24 Plans, Ubuntu Phones in India

    Links for the day



  29. Blackmail and Lies From the Press and the Government of New Zealand Attempt to Sell to the Public a Deal That Broadens Patent Scope

    Corporate conquest or takeover of New Zealand culminates in empty promises from government officials and blackmail against citizens of New Zealand, especially the country's dairy industry



  30. Vista 10 Turns PCs Into Zombies: Microsoft to Remotely Delete Software From Windows, Like Amazon Deleted Books From Kindle

    Microsoft allows itself to remotely delete software from Vista 10 (not just Microsoft's software), as revealed by the mainstream media not too long after the failed launch (poor adoption so far)


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