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. Microsoft is Attacking Android Like Never Before, Qisda the Latest to Sign Patent Extortion Deal

    More blackmail and propaganda against Android, courtesy of the gentler, kinder, 'new' Microsoft



  2. Caution Needed When Microsoft Copywriters Flood the Media With Microsoft Propaganda

    Media actively subverted by Microsoft-sponsored agents of deception, whose goal is to change what people think of Microsoft and its software, even if by lying (they call it 'marketing')



  3. Gartner Staff That Worked for Microsoft and the Latest Nonsense from Gartner or 'Former' Staff

    Gartner waited until 2015 to declare FOSS fit for databases; another example spotted where Gartner staff comes from Microsoft or vice versa



  4. Links 27/4/2015: Debian 9 Named, Linux 4.1 Reaches RC

    Links for the day



  5. Microsoft is Interjecting Itself Into GNU/Linux and Free Software News, Even Events and Foundations

    Microsoft's entryism strategy is proving effective as Microsoft successfully embeds itself inside the idealogical competition, subverting the competition's overall message and diluting the competition's focus on Free software



  6. The Unethical Business of Selling Fear of Free/Libre Software Bugs (Black Duck, Sonatype, and Symantec)

    The spreading of fear of Free/Open Source software (FOSS) is now a growth industry, so proprietary opportunists are eager to capitalise on it, even if by distorting the truth



  7. Patients' Data at Risk as NHS Reinforces Its Microsoft/Accenture Stockholm Syndrome

    The worst privacy violator in the world and the firm behind LSE failures are pocketing as much as £0.35 billion of British taxpayers' money to acquire access to very sensitive data of British people



  8. Links 26/4/2015: Debian 8, OpenMandriva Lx 3 Alpha, Mageia 5 RC

    Links for the day



  9. Links 25/4/2015: Debian LTS Plans, Turing Phone Runs Linux

    Links for the day



  10. Who Kills Yahoo? It's Microsoft, Not Yahoo!

    The media should blame Microsoft, not Marissa Mayer, for what's going on (and has been going on for 7 years) at Yahoo!



  11. EPO Management is Trying Hard to Appease Its Critics While Pushing Forth Unitary Patent Agenda

    The European Patent Office and European Commission promote the agenda of large multinational corporations (at the expense or European citizens) and critics are being kept at bay



  12. Real Patent Reform Will Not Come From Biggest Backers of GNU/Linux, Not Even Google

    A look at the 'new' Google, the company which is hoarding patents (2,566 last year alone) instead of fighting for reform



  13. Microsoft's Troll Intellectual Ventures Loses Software Patents

    Intellectual Ventures is bluffing with software patents, but this time around it doesn't get its way



  14. Links 24/4/2015: Ubuntu and Variants in the News, Red Hat Developer Toolset 3.1

    Links for the day



  15. Links 23/4/2015: Ubuntu 15.04 is Out, Debian 8.0 Out Very Soon

    Links for the day



  16. Links 22/4/2015: Fedora 22 Beta, Atlassian Acquires BlueJimp

    Links for the day



  17. The Dying Debate Over Patent Scope (Including Software Patents) Replaced by 'Trolls' (But Not the Biggest Ones)

    The corporate media and Web sites or people who are funded by large corporations have essentially suppressed any debate about issues in the patent granting process, thereby guarding software patents and preventing criticism of large corporations' power grab



  18. The Patents Gold Rush Continues

    The morbid obsession with monopolising mere ideas still dominates the media, even increasingly in China



  19. 9 Millionth US Patent Tells a Story of Failure and USPTO Misconduct

    The USPTO, much like FISA (notorious court for surveillance/espionage authorisation), has become a rubber-stamping operation rather than a patents examination centre, as new evidence and old evidence serve to show



  20. HBO Helps Shift Debate Over Patents to 'Trolls' (Scale), Not Scope

    More of that awkward shifting of the patent debate towards small actors who are misusing patents, not large conglomerates like Apple and Microsoft which use patents to destroy competitors, crush startups, drive up prices, and so on



  21. Software Patents Are Still Menacing to Free Software: OIN Expands Scope, HEVC Adds to MPEG-LA Burden/Tax, Google and Facebook Give in on Patents

    A look at recent news about software patents and especially Free/libre software, which is inherently incompatible with them



  22. The Latest Developments Around Microsoft's Clever Attack on Android/Linux

    Microsoft's campaign of destruction, extortion, etc. against the most widely used Linux-powered operating system is revisited in light of new reports



  23. The Microsoft 'Community' is Maligning the Free Software Community

    Dishonest generalisations and baseless deductions portray the Free/Open Source software communities as a nasty place that leads to poverty and despair



  24. Googlebombing 'Microsoft Open Source' Even When Microsoft Shuts Down Its 'Open Source' Proxy

    A massive failure by the press to cover the most basic news, which is Microsoft putting an end to a supposedly 'Open Source' effort



  25. Links 22/4/2015: Calculate Linux 14.16, SparkyLinux 4.0 RC KDE

    Links for the day



  26. Links 21/4/2015: Project Photon, Ubuntu Touch Buzz

    Links for the day



  27. Embrace, Extend, Extinguish: How Microsoft Plans to Get Rid of Linux/Android

    Microsoft's sheer abuse against Android is laying bare for everyone to see now that Microsoft has paralysed Google's legal department with potential antitrust action in Europe



  28. Yahoo's Current CEO (Mayer, Formerly of Google) is Trying to End Yahoo! Status as Microsoft Proxy

    There are signs of relinquishing Microsoft's control over Yahoo! after Marissa Mayer worked to end the company's suicidal/abusive relationship with Steve Ballmer's Microsoft



  29. Repeating Microsoft's Lies Without Any Journalistic Assessment

    Poor fact-checking by relatively large media/news sites results in Microsoft's patently false claims being repeated uncritically



  30. Links 19/4/2015: New KaOS (2015.04), Manjaro Linux 0.8.13 Pre1

    Links for the day


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