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

01.09.13

USPTO Antagonises Change, Apple Continues to Lean on Patents and Trademarks

Posted in Apple, Intellectual Monopoly, Patents at 6:57 am by Dr. Roy Schestowitz

Lawsuits map

Summary: Apple uses the protectionists’ office — a monopoly henhouse guarded by wolves — to ban competition at home and away

At the USPTO it's all about quantity (money or monopoly on words and ideas), so no plans of reform are sincere. The USPTO offers fake choice on the subject of software patents and a debate in Slashdot shows FOSS-oriented comments. The debates are rigged by design from the get-go. Now, some columnists downplay the view that software patents should just be dumped while others put out there the news about consultation from developers:

The world of software patents is a strange, confusing, inefficient place. There’s a pretty serious question as to whether or not software patents should really even exist. Now, the USPTO is making moves to at least step in a better direction by calling out to software developers anywhere and everywhere for advice on fixing the whole thing up.

The call for advice will take the form of two round table events in February, one in Silicon Valley, the other in New York City. Seats are limited but pretty much any developer can attend if they RSVP by email and include some credentials. The events will also be webcast, and any developers/spectators who can’t/don’t want to attend can also just send in written comments.

Remember that they are allowed to debate software patent “quality”, not abandonment. So the panel omits the view that many if not most developers hold. Here is another article:

The United States Patent and Trademark Office is seeking input from the software industry about the performance of the patent system. A pair of February “roundtable” events—one in Silicon Valley and the other in New York City—will give members of the public an opportunity to comment on how to improve the quality of “software-related patents.”

“Each roundtable event will provide a forum for an informal and interactive discussion of topics relating to patents that are particularly relevant to the software community,” according to a notice in the Federal Register. “While public attendees will have the opportunity to provide their individual input, group consensus advice will not be sought.”

How many people — if any — will speak for the view that software patents must all go away? Watch what patents are doing for Apple against Linux:

Apple was supposed to have won big in the suit against Samsung in a massive series of claims of patent infringement. This was the apparent result of a jury verdict last August in which there were charges of attorney misconduct, juror misconduct and trial errors before the ink was dry on the decision.

But a few weeks later, the U.S. Patent and Trademark Office (USPTO) invalidated one of the key patents that Apple used to win its case. This is the patent in which a menu or other screen item will bounce back if it’s scrolled past the end.

According to Wired, Tim O’Reilly, seemingly a software patents opposer who likes Apple, says about Apple that “They’re clearly on the wrong path. They file patent suits that claim that nobody else can make a device with multitouch. But they didn’t invent multitouch. They just pushed the ball forward and applied it to the phone. Now they want to say, “OK, we got value from someone else, but it stops now.” That attitude creates lockup in the industry. And I think Apple is going to lose its mojo precisely because they try to own too much.”

Apple’s patent strategy goes ahead and trademark confrontation too is at the core of this branding company:

A California judge says Apple can’t bring up false advertising claims against Amazon in a case between the two companies.

The problem is not trademarks per se but particular trademarks which go too far (broad, not narrow). With Kindle Fire, Amazon has become a major rival to Apple. It’s not just the digital stores. Apple continues to rely on monopolies in shoring up its badgeware. Apple’s main competition is Android/Linux now.

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

A Single Comment

  1. mcinsand said,

    January 9, 2013 at 9:45 am

    Gravatar

    Gaming a broken patent/trademark is really Apple’s only trick in their playbook. They make well-marketed products, but only the technologically-illiterate will look to Apple for innovation; those that want shiny but don’t know tech will stay with Apple, those that want to actually see something new will go elsewhere… maybe to the suppliers of products that Apple rebrands to avoid the delay of the middleman. In a market with freedom and choices, Apple doesn’t stand a chance of continuing to hold significant market share, which is why these patent/trademark games are so critical for them.

    Well, gaming a faulty ‘IP’ system is one of their tools, while the other is to continue illegal tying products of OS to hardware.

What Else is New


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

    Links for the day



  2. 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



  3. 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



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

    Links for the day



  5. 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<



  6. 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



  7. 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



  8. Another Reason to Boycott Intel UEFI

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



  9. 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



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

    Links for the day



  11. 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



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

    Links for the day



  13. Links 14/9/2014: Eucalyptus Devoured

    Links for the day



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

    Links for the day



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

    Links for the day



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

    Links for the day



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

    Links for the day



  18. 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



  19. Links 6/9/2014: Core OS at DigitalOcean, Women in Xorg

    Links for the day



  20. Software Patents 'Quality' Debated in Courts, Microsoft's Biggest Patent Troll Still a Chronic Liar

    Intellectual Ventures, Microsoft's and Bill Gates' largest patent proxy, continues to spread lies about its motivations, claiming that patent assessment is among the goals when in fact only the courts and patent offices do this



  21. New Article Explains How Bill Gates Prevents Schools From Moving to GNU/Linux and Free Software

    A new article from Al Jazeera provides details about the role of so-called 'charities' of billionaires inside school systems



  22. Microsoft Sued for Large-scale Copyright Abuses

    Microsoft reveals its disregard for copyright law which it loves so much to wield as a weapon against its competition and clients



  23. Links 5/9/2014: New WordPress, Systemd Debate Continues

    Links for the day



  24. 'Embrace and Extend' at Microsoft: The New Generation

    Some of the latest examples of Microsoft's predatory acts against Free software and against competition in general, disguised as acts of friendliness



  25. Bill Gates' God Complex: Common Core a One-Man Campaign of Greed and Control

    The push for Common Core is overwhelmingly dominated by Bill Gates, who intimidates and even resorts to retribution against critics while bribing those who help him accomplish the goal of privatised (for his private profit) indoctrination in US schools



  26. Bill Gates Investments Harm the World, Not Improve the World, Based on New Exclusive Piece of Investigative Journalism at The Nation

    The Gates Foundation's profiteering efforts and lack of ethics outlined in a new report that many sites around the Web find fascinating and mostly irrefutable



  27. Links 3/9/2014: Android Gadgets, New Tails OS

    Links for the day



  28. Linus Torvalds DebConf Talk

    Torvalds' latest talk which got media attention earlier this month



  29. Microsoft Should Not be Considered Too Big to Jail

    Microsoft continues to use dumping as a strategy which revolves around starving the competition, not beating the competition



  30. Pro-Software Patents Voices Finally Acknowledge the Demise of Software Patents in the United States

    A milestone is reached as even the most zealous supporters of patents on algorithms (or computer-implemented inventions, or software patents) are admitting that the era of software patents may be over


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