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

10.26.11

Patents Roundup: Patent Lawyers, USPTO ‘Thieves’, Apple, and Microsoft

Posted in Apple, Microsoft, Patents at 10:15 am by Dr. Roy Schestowitz

A bootleg video recording

Summary: A variety of this week’s news about patents, including some from Apple and Microsoft

MORE people are becoming aware of the problems with software patents, which nonetheless percolate into new statements, press releases, and other items that we find in the news. The reputation of patents seems to have declined and facilitators of the patent system are becoming somewhat of a laughing stock.

We particularly liked this new example from Blackboard, which for PR purposes claims to be embracing Open Content that is easy to do when one’s code is proprietary and patents encumbered. To quote:

Blackboard.com, which offers “learning management systems,” became a big deal at a time when many schools were still learning how to put teaching in the cloud. Critics called for a boycott of Blackboard in 2006 after it used a flimsy software patent to sue a rival, and raised fears that it would sue universities that were using their own teaching software tools rather than Blackboard’s products. The controversy abated in 2009, however, when a court found that the patent claims were invalid.

Many software patents are invalid in principle (prior art and triviality), but it costs a lot of money for a defendant to challenge them because the process and the system are broken, favouring the claimant (in court) and the applicant (in the patent monopolies office). Look no further than this article from a Mac site. It ridicules Apple’s own patents, which given the site’s bias is saying a lot. To quote the diversion (blaming the system rather than Apple):

Slide to Unlock? Patented

[...]

It’s a bit silly, really, but blame it on the patent system. Be that as it may, nobody now gets to use the popular ‘Slide to Unlock’ without infringing on Apple’s patent unless a court rules it is invalid or prior art. Here’s a video of the 2004-5 Neonode N1m, showing a similar Slide to Unlock that existed before the iPhone (4 minutes in):

We’ve all seen it before. There are more complicated examples which are actually physical and go centuries/millenia back. How could Apple have been granted a monopoly on this? It is an insult to Apple and to the USPTO. Any little kid could independently come up with the same “idea”. A lot of Apple’s patents are artsy and outright ridiculous.

Richard Hillesley has a good new article with a dramatic headline and it goes like this:

All patents are theft

If necessity is the mother of invention, patents are its delinquent offspring, providing stumbling blocks to innovation and progress, inhibiting the free exchange of ideas, and restricting our knowledge of how things work…

Patents are of course a restriction and a monopoly. They do not in any way help professionals move science and technology forward.

Over at Muktware there is this new piece about Microsoft’s self-defeating fight against Linux/Android:

Microsoft is fast earning the reputation of being a troll instead of an innovator in the mobile space. The company dominated the desktop segment purely on the basis of anti-competitive business practices where they forced all competitors out of the market thus creating a monopoly. That monopoly is collapsing as OS is becoming more and more redundant in the era of Web and mobile computing.

Microsoft’s Windows Phone is a massive failure. Instead of pulling up socks and creating better products the company has resorted to the same old anti-competitive business practices which it used for selling its ‘stolen’, as Steve Jobs said, Windows OS.

“Stolen” and “theft” are propaganda terms in this context. But they can be embraced like the word “piracy” (as in Pirate Party and The Pirate Bay) to challenge and ridicule those who initiated or perpetuated the propaganda, including Steve Jobs.

“We are not on a path to win against Linux”

Jim Allchin, Microsoft's Platform Group Vice President

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

4 Comments

  1. Michael said,

    October 26, 2011 at 1:15 pm

    Gravatar

    You whine about Apple’s slide to unlock patent. I can see complaining it is “too simple” or something, but to say there is prior art and then show two examples which do not demonstrate that is silly. Neither fit the description of the patent.

    Given your obsession with attacking Apple, if there was prior art you likely would have found it. You did not. Hence it is likely there is none.

  2. walterbyrd said,

    October 26, 2011 at 1:24 pm

    Gravatar

    According to PCMag, Apple may be targeting HTC again.

    http://www.pcmag.com/article2/0,2817,2395316,00.asp#fbid=spWg_h4Ere8

    According to a commenter there:

    > “The Neonode had a slide gesture to unlock. Also, the Neonode (and others) had user slide gestures WITH visual feedback (such as moving a window, highlighting selections, etc.) for years before. ”

    Apple is mostly just a scam litigation company.

  3. walterbyrd said,

    October 26, 2011 at 1:26 pm

    Gravatar

    August 2011:

    Dutch judge considers Apple’s slide-to-unlock patent trivial and likely invalid

    > “The Dutch judge who wrote today’s decision declared the European counterpart of that patent (EP20080903) obvious (as compared to prior art presented by Samsung) and, therefore, invalid.”

    http://fosspatents.blogspot.com/2011/08/dutch-judge-considers-apples-slide-to.html

  4. Michael said,

    October 26, 2011 at 1:30 pm

    Gravatar

    If there is prior art then fine. And calling it trivial – I can see a case for that.

    My question is why Roy feels the need to lie about it?

What Else is New


  1. Links 29/9/2014: OpenDaylight Helium Release

    Links for the day



  2. European Patent Office Disorganisation: Problems With the Audit Mechanisms - Part IV

    A prelude to a long article about a thug called Topić, his controversial Battistelli-sponsored appointment, and the removal of auditory functions by Battistelli



  3. More Good News About Demise of Software Patents and Along With Them, Consequently, Patent Trolls

    A weekly roundup of news about patents in the United States and elsewhere, with special focus on software patents



  4. IRC Proceedings: June 22nd, 2014 – September 13th, 2014

    Many IRC logs



  5. Links 28/9/2014: Moto X, End of OpenSUSE 11.4

    Links for the day



  6. CBS Continues to Get Heavily Occupied by Microsoft Staff to Spread Microsoft Propaganda

    The CBS-owned ZDNet continues to hire people who have worked or are currently working for Microsoft and unsurprisingly enough they use their newly-acquired positions to praise Microsoft and bash Microsoft's competition, usually with no disclosure of their conflict of interest



  7. Links 27/9/2014: Linux (Almost) Everywhere, Features Of Linux 3.17

    Links for the day



  8. Microsoft Fakes 'Charity' and Uses Religious Groups to Acquire Lock-in in the Public Sector

    Microsoft's involvements with NGOs and with governments lead to more distrust, more surveillance, less freedom, and ultimately systemic corruption



  9. Bill Gates' Privatisation Crusade

    Mr. Gates, seeking to increase his huge profits and political power, reaches out to Catholic leaders and David Christian



  10. Tux Machines Under DDOS Attack

    Most of Tux Machines continues to work as usual, but some parts are temporarily restricted to keep the server running



  11. Links 26/9/2014: LibreOffice Celebrations, Betas of *buntu

    Links for the day



  12. Links 25/9/2014: KDE Roadmap, Bash Bug, GNOME 3.14 in Next Fedora

    Links for the day



  13. Links 24/9/2014: GNOME 3.14 Released, Bash Has a Bug

    Links for the day



  14. Links 21/9/2014: Fedora 21 Alpha

    Links for the day



  15. More of Bill Gates' Investments in GMO and Mass Indoctrination Under the Disguise of 'Donations'

    Microsoft's arrogant and famously corrupt co-founder is taken to task by those whom he is trying to bamboozle for monopoly, unlimited cross-generational power, and never-ending profit without risk



  16. Home Depot Confirmed a Victim of Microsoft's Bad Security, Microsoft Lays Off Security-Related Staff

    News reports circulate showing that Home Depot was knowingly careless with its Windows dependency while Microsoft lays off staff focused on security



  17. European Patent Office/Organisation - Suspicion of Improper Collusion Between EPO President and Chairman of the Administrative Council: Part III

    A preliminary look at Battistelli's reign and how regulatory powers got abolished, leaving the EPO reckless and largely unaccountable



  18. Links 21/9/2014: xorg-server 1.16.1, Linux Kernel 3.16.3

    Links for the day



  19. Links 20/9/2014: GNOME 3.13.92, Android L

    Links for the day



  20. Scanning Patent Troll Implodes; Is the Podcasting Patent Troll Next?

    MPHJ loses and Personal Audio LLC perhaps wins for the last time since software patents are quickly losing legitimacy in the United States



  21. If CAFC is Not Above the Law, Then it Should be Shut Down Now

    A long series of abuses in CAFC may as well suggest that this court has become broken beyond repair



  22. The Latest From Microsoft Patent Trolls and Patent Partners

    Microsoft-linked and Linux-hostile trolls continue their relentless attacks (albeit with little or no success) while patents as a weapon lose their teeth owing to a Supreme Court ruling



  23. Microsoft Proves That Its Massive Layoffs Are Not About Nokia

    Microsoft is laying off a lot of employees who have nothing at all to do with Nokia



  24. Links 19/9/2014: Another Red Hat Acquisition, Netflix Dumps Microsoft Silverlight and Brings DRM to WWW

    Links for the day



  25. Links 18/9/2014: Windows Copying GNU/Linux, Germany Moves to Security

    Links for the day



  26. Web Site 'Patent Progress' Now Officially 'Powered by CCIA' (FRAND Proponent, Microsoft Front)

    After talking a job at CCIA, "Patent Progress" and its chief author should be treated as dubious on real patent progress



  27. Articles About the Death of Software Patents in the United States

    Recent coverage of software patents and their demise in their country of origin, where even proponents of software patents are giving up



  28. The Death of Software Patents is Already Killing Some Major Patent Trolls

    VirnetX seems to be the latest victim of the demise of software patents in the United States



  29. More Microsoft Layoffs

    More Microsoft layoffs go ahead as the company is unable to compete



  30. ODF on the Rise

    Milestones for OpenDocument Format (ODF) and the launch of FixMyDocuments


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