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

07.15.12

Patent Lawsuits Against Linux, Android; Call for Pressuring of Politicians

Posted in Asia, Courtroom, GNU/Linux, Google, Microsoft, Oracle, Patents at 2:59 am by Dr. Roy Schestowitz

Monopoly (uniformity) versus openness and diversity

Mangos

Summary: A mixed roundup of news and analysis affecting the growth of Linux

THE REALITY of “patent wars”, as a Microsoft-friendly site put it (especially in smartphones), is being realised by more and more people. “An infographic showing who is suing whom and who is selling patents to whom shows that patents are indeed a source of much friction and the only likely winners are the lawyers.” This is the description of this recent article which helps illustrate just how harmful patents have been, unless we take into account a patent lawyers’ perspective. In this post we’ll present some news with evidence-based material that can help support an appeal to authorities.

Over at Groklaw, the biggest lawsuit against Android is being covered only to say that: “The judge in the Oracle v. Google litigation has denied Oracle’s risible renewed motion for judgment as a matter of law under Rule 50(b), one day after Oracle filed its reply to Google’s opposition to it. No ruling in Oracle’s favor, therefore, will be forthcoming, and no new trial. Also, no hearing on the 26th. The judge didn’t need to hear them jabber on about all this in person, at further expense to both sides, before making his decision.”

“The judge in the Oracle v. Google litigation has denied Oracle’s risible renewed motion for judgment …”
      –Groklaw
Recently, one writer questioned Larry Ellison’s motives for filing this whole bogus lawsuit. We have always suspected that his best friend Steve Jobs played some role in this decision. To quote the writer however: “IT SEEMS that Oracle’s lawsuit against Google over its use of Java in Android has fallen apart. Although the trial is still ongoing, and the judge has yet to hand down an important copyright ruling while the jury has yet to return its verdicts on patents and damages, if any – it’s already apparent that Oracle is unlikely to win billions or even millions of dollars from Google, and it’s possible that Oracle might lose entirely.

“This lawsuit is rather important, however, if only because it has raised the spectre that software APIs might be found subject to copyright. As many people have already noted, that would have dire consequences for interoperability and software freedom throughout the IT industry. It would put into play programming languages, the interfaces of software stacks and potentially even the internet itself.

“All kinds of APIs could suddenly become targets for the extraction of licensing fees and endless litigation. That could effectively destroy the entire software industry and stifle innovation for years, creating a terrible dystopia.

“While that depressing vision might not in fact develop if APIs are deemed copyrightable – and it seems unlikely that Judge Alsup will rule that they are, given that US copyright law has always considered them functional elements and not creative expression that’s deserving of copyright protection – that’s what Oracle has argued for in its lawsuit against Google.”

Oracle’s case is weak and meanwhile the main party benefiting from it is Apple. After the lawsuit against Google some said that software patents as a whole were discredited.

More recently, the judge in another case against Android explicitly questioned software patents (well done, Mr. Posner), noting in an actual column (rare for a judge) that “there are too many patents in America (that is his headline, see a printer-friendly version for future reference). “Recently,” says the judge, “while sitting as a trial judge, I dismissed a case in which Apple and Motorola had sued each other for alleged infringement of patents for components of smartphones. My decision undoubtedly will be appealed, and since the case is not yet over with it would be inappropriate for me to comment publicly on it.

“But what I am free to discuss are the general problems posed by the structure and administration of our current patent laws, a system that warrants reconsideration by our public officials.*

“U.S. patent law confers a monopoly (in the sense of a right to exclude competitors), generally for 20 years, on an invention that is patented, provided the patent is valid — that is, that it is genuinely novel, useful, and not obvious. Patents are granted by the Patent and Trademark Office and are presumed valid. But their validity can be challenged in court, normally by way of defense by a company sued by a patentee for patent infringement.

“With some exceptions, U.S. patent law does not discriminate among types of inventions or particular industries. This is, or should be, the most controversial feature of that law. The reason is that the need for patent protection in order to provide incentives for innovation varies greatly across industries.”

Over at Groklaw, another valuable reference was provided for the new work from Boston. To quote: “Jim Bessen and Mike Meurer have published their latest paper examining the impact of “patent trolls” (they politely refer to them as Non-Producing Entities or NPEs) on our national economy. Entitled The Direct Costs From NPE Disputes [PDF], the paper examines the direct costs of patent assertions by NPEs against operating companies, i.e., companies that actually make things to earn their revenues. More on the Bessen/Meurer paper in a bit.

“In the meantime, Prof. Colleen Chien of the Santa Clara University School of Law is conducting a survey on the economic impacts of patent litigation on the economy, and she could use your help. Prof. Chien is particularly interested in survey responses from start-ups and small companies. Respondents need not be patent holders or in the technology business. If you know of anyone who could provide a useful response, please encourage them to participate.

“Now, back to the Bessen/Meurer paper. Here are some of the highlights:

* The number of defendants in NPE patent suits doubled from 2009 (approximately 2,700) to 2011 (more than 5,800).

* Direct costs of patent assertions by NPEs are cost our national economy more than $29 billion dollars a year, and that tab also doubled from 2009 to 2011.

* Much of the burden of this NPE litigation falls on small and medium-sized companies. 82% of the defendants, accounting for 50% of the defenses, had median revenues of less than $12 million a year.

* They find little evidence to support the contention that NPEs promote invention. [Why am I not surprised?!]”

“They find little evidence to support the contention that NPEs promote invention.”
      –Groklaw
So now we have both judges (lawyers) and scholarly people (academics) telling us that the system is broken. In order to ensure this does not spread to Europe, please, our dear European readers, consider writing to politicians whom we named.

A month and a half ago we saw Kelora losing a patent for it being “obvious”, leading to the question, are “Software Patents In Danger?”. To quote: “As software patent litigation ramped up over the past few years, software patents have come under the microscope within the technical community. Many investors and technologists believe that software patents should be abolished all together, while others take the less extreme position that many software patents are obvious over known prior art (“prior art” being earlier publications that show a patent is obvious or not new). Courts are increasingly cognizant of these criticisms.

“Though it is unlikely that software patents are going away any time soon, as the recent summary judgment in eBay v PartsRiver (PartsRiver is now known as Kelora) demonstrates, courts are beginning to do a more thorough job of applying the obviousness standard to software patents.”

Right now we must work to squash software patents while at the same time ensuring we can compartmentalise and contain this virus, simply by preventing our politicians from being bamboozled. The evidence is overwhelmingly on our side. We need the voices though. As we’ll show in a later post, Microsoft lobbyists are paid to speak about patents on ‘our behalf’, at our expense, resulting in great disparity (or distortion) between public policy and public opinion.

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 21/8/2014: Conferences of Linux Foundation, Elephone Emerges

    Links for the day



  2. Links 20/8/2014: Linux Event, GNOME Milestone

    Links for the day



  3. Corruption Watch: Microsoft Lobbying Designed to Kill Chile's Free Software Policy and Promote Microsoft With Subsidies, More Dirty Tricks Emerge in Munich

    icrosoft is systematically attacking migrations to GNU, Linux and Free software, using dirty tricks, as always



  4. Vista 8 Such a Disaster That Even Microsoft Cannot Cope With It, Vapourware Tactics Start Early

    Microsoft's Windows-powered services are failing and Windows gets bricked by Microsoft patches, whereupon we are seeing yet more of Microsoft's vapourware tactics (focusing in imaginary, non-existent versions of Windows)



  5. On BlackBerry and Other Patent Trolls

    A roundup regarding patent trolls, starting with the bigger and latest joiner, BlackBerry's new patents apparatus



  6. Links 19/8/2014: Humble Jumbo Bundle 2 Betrayal, Mercedes-Benz Runs GNU/Linux

    Links for the day



  7. BlackBerry -- Like Microsoft Nokia -- Could be the Next Patent Proxy Troll

    BlackBerry is restructuring for patent assertion (i.e. trolling) in the wake of some alliances with Microsoft



  8. After Microsoft's Soft Bribe Some Non-Technical Deputy Does Not Like Free Software, Microsoft-Linked Media Responds to This Non-News by Making Bogus Claims of Munich Leaving GNU/Linux (Updated)

    The subversive forces that have secretly been attacking Munich over its migration to GNU/Linux (Microsoft press, Gartner, and even HP) are back to doing it while China and Russia follow Munich's lead



  9. Gates Foundation CFO Quits and Debate About Revolving Doors Recalled Amid Systematic and Shrewd Bribery of Public Officials

    More officials step out of the Gates Foundation and their destination is not known yet; Gates continues to corrupt the public sector with his money so as to increase personal gain at taxpayers' expense



  10. Links 19/8/2014: GNU/Linux Raves and Alternative to Proprietary Voice Chat

    Links for the day



  11. Links 18/8/2014: Linux 3.17 RC1, Escalation in Ferguson

    Links for the day



  12. Gartner Group Advocates Using Defective Software With Back Doors

    Despite strong evidence that Microsoft has been complicit in illegal surveillance, Gartner continues to recommend the use of Windows and other espionage-ready Microsoft software



  13. The Microsoft Patent Trolls: Android Extortion, Vringo Versus Google, and Intellectual Ventures

    Roundup of news about patent aggression by Microsoft and some of its proxies



  14. Links 16/8/2014: Microsoft Linux, US Government Turns to Free Software

    Links for the day



  15. Links 15/8/2014: Reiser4 in Headlines Again, GNOME and KDE Events Finish

    Links for the day



  16. Links 14/8/2014: Kernel Summit Coming, KMix on KDE Frameworks 5

    Links for the day



  17. Shameless Microsoft Spin is Blaming China for Microsoft's Misconduct and Back Doors While Justifying Massive Losses in Hardware (Made in China)

    A new look at how Microsoft-friendly media takes negative Microsoft news and turns that news into some kind of scandals where Microsoft is the victim



  18. Microsoft Spin in the Media Evokes 'New Microsoft' and New Back Doors

    Some new examples of Microsoft boosters rewriting history, characterising Microsoft as a FOSS champion, and generally weak/shallow reporting on Microsoft's audio/video surveillance software



  19. Links 13/8/2014: GNU/Linux as Winner, New Snowden Interview

    Links for the day



  20. Reader's Article: Skype Spying Reaches New Levels of Blatant

    Forced 'upgrades' of Skype give useds [sic.] of Skype more than they asked for



  21. The Problem is Software Patents (and Scope), Not Patent Trolls Who Abuse Them Just Like Large Corporations

    Reminder of the dangers of losing sight of the real patent problem, which is the patents themselves, not necessarily those who use them



  22. Fraud in the USPTO and CAFC Helped Apple Launch Frivolous Patent Lawsuits Against Linux/Android, Based on New Withdrawals

    Inherent corruption in the US system has aided Apple's assault on east Asian electronics giants that use Linux at the core of their products



  23. Investigation Reveals That USPTO is Corrupt, Time to Abolish It or Annul Nearly a Million Patents

    Corruption is found at the heart of the USPTO and the USPTO works hard to hide it, despite attempt by whistleblowers to bring this corruption to light



  24. Links 13/8/2014: Red Hat Enterprise Linux 6.6 Beta, Tizen in Watches

    Links for the day



  25. Links 12/8/2014: Chromebooks Surge, OpenGL in the Headlines

    Links for the day



  26. Bill Gates is Profiting By Diverting Public Money to His Own Pocket and Reducing Wages

    Gates' lobbying for companies he is an investor of and for lower salaries inside companies he is investing in (and managing) comes as no surprise



  27. Microsoft is Still Attacking Open Standards, So Khronos Does Not Need the Microsoft Moles

    Having attacked the industry's document standard OpenDocument Format (ODF) while pretending to have 'embraced' ODF Microsoft is now pretending that it is eager to support OpenGL



  28. Another Depressing Look at the Patent Systems in the US and in Europe

    A roundup of news about patent monopolies and in particular the immense power wielded by giant multi-national corporations that steer the debate and acquire trans-Atlantic monopolies on ideas, always against citizens' interests



  29. Links 11/8/2014: DEFT 8.2, Linux Mint on Debian Stable

    Links for the day



  30. Links 9/8/2014: Knoppix 7.4.0, GNU Linux Libre 3.16

    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