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

03.15.12

Patents Roundup: Android/Linux, Yahoo!, and More

Posted in GNU/Linux, Google, Patents at 6:11 pm by Dr. Roy Schestowitz

Nike monument

Summary: A roundup of notable news about software patents

THE fight against Linux/Android meets an impasse as certain vital patents lose their teeth.

“Trial is set for April 16 in Oracle v Google and the list of patents Oracle is claiming have been violated is now gutted,” notes Pogson.

Over at Groklaw, where Professor Webbink does a lot of research, the details are made clearer for the common person:

Judge Alsup is ready to get on with it, and to that end he has set this case for trial beginning April 16, 2012. (786 [PDF; Text]) He is anticipating an eight week trial, which will be brutal on the jurors. To that end the potential jurors will be pre-cleared to assure their availability. The judge has also asked Google to withdraw those invalidity arguments it has asserted in reexmination that have not been adopted by the USPTO. Clearly, he does not want to hear them.

What set the stage for the trial to move forward was the Court’s decision on Dr. Cockburn’s third attempt at a damages report. (785 [PDF; Text]) And like they say in baseball, “Strike three!” Actually, the Court did not reject all of the third attempt, simply most of it and certainly all of the parts of it that most troubled Google.

Copyright might be all that Oracle is left with. After reportedly retreating from patents, this might be it. And it’s a weak case, just like SCO’s.

Simon Phipps from the OSI says that the “software patent war escalates” and in new blog post that includes this:

The Software Patent War Escalates

[...]

The people doing this advocacy used to work for industry consortia like the BSA, but increasingly they are twice removed from them to avoid easy connections being made. Politicians and civil servants may be unable to identify the links back to industry in these cases, and are consequently surprised when opposition appears as if from nowhere. They are being told by whisper campaigns that powerful newcomers like Google are behind this opposition.

It’s taking quite some time for the realisation to dawn that the opposition to draconian and toxic escalations to copyright and patent law is not being orchestrated by any corporation. Rather, the connected society is providing a voice for citizen consensus, perhaps for the first time since ancient Athenian democracy. Thank goodness for that openness; no wonder lobbyists and paid consultants are working to limit that too.

Simon Phipps wrote the above in light of the patent attacks from Yahoo! — those which we covered here before. And even the patent authors — like those from Sun whose patents were later used by Oracle against Android — denounce this course of action:

Now, I’ve always hated the idea of software patents. But Yahoo assured us that their patent portfolio was a precautionary measure, to defend against patent trolls and others who might try to attack Yahoo with their own holdings. It was a cold war, stockpiling patents instead of nuclear arms, and every company in the valley had a bunker full of them.

Against my better judgement, I sat in a conference room with my co-founders and a couple of patent attorneys and told them what we’d created. They took notes and created nonsensical documents that I still can’t make sense of. In all, I helped Yahoo file eight patent applications.

Years after I left I discovered to my dismay that four of them were granted by the U.S. Patent and Trade Office.

I thought I was giving them a shield, but turns out I gave them a missile with my name permanently engraved on it.

Here is more about this case. Yahoo! has officially sued and many Yahoo! employees are reportedly pissed off about it. Unwise move.

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

    Links for the day



  2. 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



  3. 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



  4. 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



  5. 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



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

    Links for the day



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

    Links for the day



  8. 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



  9. 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



  10. 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



  11. More Microsoft Layoffs

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



  12. ODF on the Rise

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



  13. Links 17/9/2014: CoreOS, ChromeOS, and systemd

    Links for the day



  14. Italy is Cracking Down on Microsoft's Monopoly Abuse While Gradually Moving to GNU/Linux

    Italy is not only moving to Free/Open Source software but also to GNU/Linux while at the same time barring Microsoft from forcibly tying Windows to new PCs



  15. OpenSUSE's 'Assurances' Are Classic MBA School Hogwash

    OpenSUSE is not part of any commitment, except for SUSE's; the impact of the Novell/SUSE acquisition casts uncertainty on the project's future



  16. Links 16/9/2014: Firefox OS Smartphones in Bangladesh, “Treasure Map” of the Internet

    Links for the day



  17. The United Kingdom Should Dump Microsoft For the Sake of National Security

    The UK has issues of Microsoft dependency and Windows viruses; its migration to Free software and GNU/Linux is not fast enough to guard its autonomy in the age of digital imperialism



  18. CBS Hires Even More Microsoft Staff to Cover Microsoft Matters

    CBS continues to be infested with Microsoft staff past and present (this time Dave Johnson) and the bias in output is quite revealing



  19. Microsoft Has Just Killed Minecraft for GNU/Linux and the Possibility of Free/Open Source Releases

    Persson sells out to Microsoft and lets the abusive monopolist destroy the popular cross-platform game that a community has been built around



  20. Another Reason to Boycott Intel UEFI

    More anti-competitive aspects are revealed inside UEFI, which helps merginalise GNU/Linux



  21. Quick Mention: Novell and SUSE Passed to Microsoft's 'Partner of the Year', Microsoft Focus

    Novell is changing hands again, and falling into the hands of even more Microsoft-friendly actors



  22. Links 16/9/2014: Linux 3.17 RC5, KDE Frameworks 5.2.0

    Links for the day



  23. Željko Topić, Benoît Battistelli, and the European Patent Office (EPO): Part II

    Part II of our look into the EPO appointment of Željko Topić and other matters showing the dubious integrity of the EPO



  24. Links 14/9/2014: Android-based Watches Earn Optimism

    Links for the day



  25. Links 14/9/2014: Eucalyptus Devoured

    Links for the day



  26. Links 11/9/2014: Linux Toilet Project, Linux-Based Wheelchair Project

    Links for the day



  27. Links 10/9/2014: Brian Stevens in Google, Ubuntu 14.10 Expectations

    Links for the day



  28. Links 9/9/2014: Hating/Loving Linux, Android Aplenty

    Links for the day



  29. Links 8/9/2014: Linux 3.17 RC 4, Switzerland Welcoming Snowden

    Links for the day



  30. Suspicion of High-Level Corruption at the European Patent Office (EPO): Part I

    The European Patent Office (EPO) Vice-President has a background of corruption and his appointment to the EPO too is believed to be reliant on systemic corruption


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