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

03.28.12

Microsoft File System Patents Are Collapsing

Posted in Kernel, Microsoft, Patents, TomTom at 4:36 pm by Dr. Roy Schestowitz

Steve Ballmer FAT

Summary: The primary patent extortion vector against Linux is falling apart with help from the creator of Linux

A FINNISH company called Tuxera is doing a lot of damage by making it standard practice to pay Microsoft for Linux, due to dubious claims of file system patents. Here is the latest attack from Tuxera and Microsoft. But another Finnish entity, Linus Torvalds, is meanwhile knocking down the very basis for this extortion, namely some controversial file system patents. As one writer put it:

Open source pin-up Linus Torvalds has managed to stuff up an important Microsoft patent which was being used to force Google Android and Linux handset users to pay up.

According to Wired, the Vole had forced many Android phone makers into paying licensing fees for various Microsoft patents related to operating system design.

It looked like Microsoft was vindicated when ITC Administrative Law Judge Theodore R. Essex found that Motorola had violated four Microsoft patents. But Torvalds helped convince the Administrative Law Judge that the patent was invalid.

So, will they issue a refund to many companies such as TomTom when this patent charade is buried? Here is the original article that everyone is linking to. It says;

Linus Torvalds just can’t help but be a thorn in Microsoft’s side.

First, he created an open source project that completely upset Microsoft’s business model. And now, he has helped shoot down an important Microsoft patent in Redmond’s crusade to wring licensing dollars out of Google Android and other versions of Linux.

Microsoft has coerced many Android phone makers into paying licensing fees for various Microsoft patents related to operating system design, and in some cases, it has actually taken legal action against such companies, including smartphone manufacturer Motorola. In October of 2010, it sued Motorola in federal court, and it filed a complaint with the United States International Trade Commission, or ITC.

Last December, Microsoft scored a victory when the ITC Administrative Law Judge Theodore R. Essex found that Motorola had violated four Microsoft patents. But the ruling could also eliminate an important Microsoft software patent that has been invoked in lawsuits against Barnes & Noble and car navigation device-maker Tom Tom.

According to Linus Torvalds, he was deposed in the case this past fall, and apparently his testimony about a 20-year-old technical discussion — along with a discussion group posting made by an Amiga fan, known only as Natuerlich! — helped convince the Administrative Law Judge that the patent was invalid.

This is very important news.

One debate which relates to this is whether software patents should be permitted in standards. The Business Software Alliance (BSA), a Microsoft front group, lobbies in favour and Glyn Moody takes note:

This is a perfect example of why this is not just about big companies versus little companies. Samba is not a company, and has no funds, and yet it has created and continues to develop one of the most widely-used pieces of software in the world. According to Mutkoski, it should be perfectly acceptable that this group of public benefactors – for that is what they are – should be denied access to key information held by a company that was found to have abused its monopoly, simply because that group has no funds. And that, in general, is what will happen if open standards are allowed to be FRAND, and not RF.

And to the argument that Samba did, indeed, obtain that key interoperability information, which proves the current system works, and doesn’t need changing, consider this. Samba obtained that information only because, once more, two things happened: a one-time access fee was charged, and a Fairy Godmother appeared to pay it.

But the point is, a belief that companies will always grant one-time fees, and that Fairy Godmothers will always magically turn up in the nick of time to save open source projects that otherwise will be excluded from key sectors, is not a basis for European policy making. The European Commission must plan on the basis of reality, not fantasy. The only rational way of protecting open source projects and allowing them to continue to make their contributions to society is to insist on RF, not FRAND licensing for open standards.

Of course, there is an alternative which Mutkowski may like to consider: that Microsoft commits irrevocably, perpetually and unconditionally to take on the role of Fairy Godmother by covering all FRAND fees that may be demanded from any open source project for implementing open standards.

exFAT is a major sham that should not be permitted as de facto standard because of patents. Now that the patents in question are scrutinised, might there be a massive refund for Microsoft extortion? Unlikely perhaps, but one can hope.

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. George Hostler said,

    March 28, 2012 at 7:23 pm

    Gravatar

    I am glad to see that this misfortune of justice is finally breaking down, with much thanks to Linus Torvalds for his exposure of the truth to invalidate some of these patents.

    Dr. Roy Schestowitz Reply:

    A dark day for the Dark Forces for sure.

    Needs Sunlight Reply:

    Fortunately in this case we still have an archived copy of the messages. Usenet lends itself to archiving. Today’s centralized web forums won’t be around in 20 years nor will their contents. All that will be gone.

    Dr. Roy Schestowitz Reply:

    What about the Web Archive? I guess it needs login credentials to index most forums these days.

What Else is New


  1. Links 21/10/2017: Purism Against ME, Pop!_OS Ready

    Links for the day



  2. US Patents Appeal Board Attacked by the Patent 'Industry', Defended by Federal Courts, and Dodged by Patent Trolls

    PTAB, the branch or the 'court' responsible for eliminating bad patents, is coming under attacks from those who rely on poor patent quality and receives praises from everyone else, as usual



  3. In the United States, the Patent 'Industry' is a Dying Breed and China Adopts This Destructive Force

    The decaying patent microcosm, or the pipeline of low-quality patents and frivolous lawsuits these entail, loses its grip on the US; China, much to the astonishment of people who actually create things, is attempting to attract that ruinous microcosm (which preys on real, producing companies)



  4. Microsoft and Nokia's Patent Trolls by Proxy: First Conversant, Now Provenance Asset Group Holdings LLC

    Microsoft's shell game with patents (passing Android-hostile patents to trolls) carries on and publishers funded by these trolls offer the details, albeit vaguely and with obvious spin



  5. Anonymous Professionals Speak of Benoît Battistelli's Destruction of the EPO, But Why Does the Media Turn a Blind Eye?

    Everyone in the circles of EPO staff and EPO stakeholders knows that dysfunction has become the norm; European media, however, remains suspiciously silent about what otherwise would be a major European scandal (bigger than FIFA or Dieselgate)



  6. The Darker Past of the Next President of the EPO - Part III: More Details About Caixa Geral de Depósitos, Former Employer of Campinos

    The side of Campinos which he prefers to conceal, or rather his association with a rather notorious Portuguese bank



  7. UPC Looks Like More of a Distant Dream (or Nightmare) as Germany Adds Another Two Months' Delay

    The likelihood that the UPC will be altogether scuttled is growing as delays keep piling up and more complaints are being filed by public interest groups (as opposed to Team UPC, which hoped to shove the UPCA down everyone's throats behind closed doors)



  8. Patent Trolls Roundup: BlackBerry, Dominion Harbor, IPNav, IP Bridge

    A quick review of recent news regarding patent trolls or entities which resemble (and sometimes feed) these



  9. Battistelli's Destruction of the EPO is Bad for Everyone, Even Patent Attorneys

    The collapse of the European patent system, owing primarily to Battistelli's totalitarian style and deemphasis on patent quality, means that "the war is lost," as one professional puts it



  10. Links 19/10/2017: Mesa 17.2.3, New Ubuntu Release, Samsung Flirts With GNU/Linux Desktops

    Links for the day



  11. Some of the USPTO's Most Ridiculous Patents Are Scrutinised by “Above the Law” While Dennis Crouch Attempts to Tarnish Alice

    Controversies over patent scope and level of novelty required for a patent; as usual, public interest groups try to restrict patent scope, whereas those who make money out of abundance of patents attempt to remove every barrier



  12. Microsoft's Software Patents Aggression in Court (Corel Again)

    Microsoft's tendency to not only abuse the competition but also to destroy it with patent lawsuits as seen in Corel's case



  13. The Spanish Supreme Court Rejects the EPO's “Problem and Solution Approach” While Quality of European Patents Nosedives

    European Patents (EPs) aren't what they used to be and their credibility is being further eroded and even detected as such



  14. Europe is Being Robbed by Team Battistelli and the UPC/PPH Would Make Things Worse

    The European Patent Office (EPO) has put litigation at the forefront, having implicitly decided to no longer bother with proper patent examination and instead issue lots of patents for judges and lawyers to argue about (at great expense to the public)



  15. Team UPC Continues to Promote Illusion of UPC Progress Where There's None

    The core members of Team UPC in the UK spread obvious falsehoods in the media, probably in an effort to attract 'business' (consultation regarding something that does not exist)



  16. António Campinos: A True EPO Reformer or More of the Same?

    More unfortunate reminders that Campinos and Battistelli don't quite diverge on the big issues, they're just more than two decades apart in age (but the same nationality)



  17. Juve Has Confirmed That António Campinos is French

    The relationship between Campinos and Battistelli has a nationality aspect to it, not even taking into account the interpersonal connection which goes a long way back



  18. The Darker Past of the Next President of the EPO - Part II: António Campinos at Banco Caixa Geral de Depósitos

    A look at the largely-hidden banking career of the next President of the EPO and the career of the person who competed with him for this position



  19. SUEPO to the Media, Regarding Campinos: “No Comment, It’s Too Dangerous”

    António Campinos, who is Benoît Battistelli's chosen successor at the EPO, as covered by German media earlier this month



  20. Staff Union of the EPO (SUEPO) Willing to Work With Campinos But Foresees Difficulties

    New message from SUEPO regarding Battistelli's successor of choice (Campinos)



  21. Links 18/10/2017: GTK+ 3.92, Microsoft Bug Doors Leaked

    Links for the day



  22. The Darker Past of the Next President of the EPO - Part I: Introduction

    Some new details about Mr. Campinos, who is Battistelli’s successor at the EPO



  23. Confessions of EPO Insiders Reveal That European Patents (EPs) Have Lost Their Legitimacy/Value Due to Battistelli's Policies

    A much-discussed topic at the EPO is now the ever-declining quality of granted patents, which make or break patent offices because quality justifies high costs (searches, applications, renewals and so on)



  24. Patent Firms From the United States Try Hard to Push the Unitary Patent (UPC), Which Would Foment Litigation Wars in Europe

    The UPC push seems to be coming from firms which not only fail to represent public interests but are not even European



  25. In the Age of Alice and PTAB There is No Reason to Pursue Software Patents in the United States (Not Anymore)

    The appeal board in the US (PTAB) combined with a key decision of the Supreme Court may mean that even at a very low cost software patents can be invalidated upon demand (petition) and, failing that, the courts will invalidate these



  26. IAM is Wrong, the Narrative Isn't Changing, Except in the Battistelli-Funded (at EPO's Expense) Financial Times

    The desperate attempts to change the narrative in the press culminate in nothing more than yet another misleading article from Rana Foroohar and some rants from Watchtroll



  27. The Federal Circuit Continues Squashing Software Patents

    Under the leadership of Sharon Prost the Court of Appeals for the Federal Circuit (CAFC) continues its war on software patents, making it very hard to remember the last time it tolerated any



  28. SUEPO Representatives Like Elizabeth Hardon Vindicated as Battistelli's Detrimental Effect on Patent Quality is Widely Confirmed

    Feedback regarding the awful refusal to acknowledge patent quality crisis at the EPO as well as the appointment of a President so close to Battistelli (who most likely assures continuation of his policies)



  29. Links 17/10/2017: KDE Frameworks 5.39.0, Safe Browsing in Epiphany

    Links for the day



  30. Judge Bryson Rules Against Allergan After It Used Native American Tribes to Dodge Scrutiny of Patents (IPRs); Senator Hatch Does Not Understand IPRs

    Having attempted to dodge inter partes reviews (IPRs) by latching onto sovereign immunity, Allergan loses a key case and Senator Hatch is meanwhile attempting to water down IPRs albeit at the same time bemoaning patent trolls (which IPRs help neutralise)


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