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

03.31.13

Microsoft Publishes List of its Offensive (Weaponised) Software Patents While Google De-Weaponises Its Own

Posted in Google, Marketing, Microsoft at 11:17 am by Dr. Roy Schestowitz

Two companies, two entirely different stories and strategies

GNU Google

Summary: PR moves from a patent aggressor and a notable patent victim which might be preparing for reactive lawsuits

A huge number of sites covered the news from Google, with the notion of ‘free’ software patents. How silly is that? Well, as put better by another site, “Google’s Open Patent Non-Assertion Pledge: Don’t start nothin’, there won’t be nothin’.”

Microsoft, conversely, as a form of threat and PR did this:

Microsoft today launched a searchable list of its complete patent portfolio as part of its defense of the patent system, particularly software patents.

Now that mobile patents are extensively used in litigation and a quarter of issued patents are on mobile (Microsoft still aggressively patents mobile ideas), we expect this list to be used for extortion more than anything. It’s like an arsenal of nuclear weapons to be used to strike patent deals.

The newspeak of extortion as “transparency” is laughable. Watch the longtime Microsoft booster helping the PR by using this “transparency” buzzword in his headline:

Microsoft this morning published a searchable online list of its patent holdings — more than 40,000 patents held by the company and its subsidiaries in the U.S. and internationally — as part of its push for more transparency in the patent system.

What a load of nonsense. It is just hogwash.

Is Microsoft trying to steal Google’s thunder after Google followed the footsteps of Twitter, as we had urged it to do last year? The headline above is not an accurate headline, it is marketing. Here is another poor headline about the real news:

Google announced a “patent pledge” in which it will donate 10 patents related to MapReduce to protect the emerging cloud and big data industry from lawsuits.

The Open Patent Non-Assertion (OPN) Pledge is better than no pledge but not better than no patents. Here is more about it:

Google just announced the Open Patent Non-Assertion (OPN) Pledge, a new initiative whereby the company has promised not to sue developers, distributors, and users of open source software utilizing Mountain View’s patents “unless first attacked.” In introducing the good faith effort, Google is reiterating its passion and support for all things open. “Open-source software has been at the root of many innovations in cloud computing, the mobile web, and the Internet generally,” writes Duane Valz, Google’s senior patent counsel. “We remain committed to an open Internet — one that protects real innovation and continues to deliver great products and services.”

The company isn’t throwing its entire patent portfolio up for grabs, however. Quite the opposite: it’s starting small, contributing a mere ten patents to the pledge. Google claims these patents are already in wide use and that it will eventually expand the set of Google-owned patents that fall under the pledge.

The original announcement generated press not only in FOSS sites but also large news sites [1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23]. The smart folks at TechDirt correctly point out that this might be a prelude to patent lawsuits from Google (preparation and damage control in expectation of negative press), as outlined here. One of our readers asked, “OIN all over again?”

Here is one of the most cited articles about it. it’s from Wired:

Behind the scenes, just about all of the web’s biggest names are mimicking Google. That includes Facebook, Yahoo, eBay, Twitter and so many more.

All of these web giants rely on Hadoop, an open source software platform for crunching data across hundreds or even thousands of computer servers, and Hadoop is based on technology originally developed at Google. A little less than a decade ago, Google published two research papers describing some of the software that juggles data inside its data centers, including a platform called MapReduce, and in short order, a community of software developers — led by Facebook and Yahoo — recreated these tools with open source code.

Expect Google to sue more, but only against companies that sued first.

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. Needs Sunlight said,

    April 1, 2013 at 4:30 am

    Gravatar

    Symbolically this might be an ok thing to do. However, it appears to duplicate what the OIN is already doing. And neither of them are any defense against trolls. The trolls have nothing to counter sue over so there is no help from defensive patents, software or otherwise.

    Dr. Roy Schestowitz Reply:

    And it is worth adding that, as we’ve seen before, any practising company can arm a patent troll/’enforcer’ to attack a rival with patents. Retaliation in the courts/deterrence is not possible. MPEG-LA, SIsvel, MOSAID, etc.

    Needs Sunlight Reply:

    Yes, the real attackers spin off shell companies to attack their opponents. It gets worse, even the trolls spin off shell companies. Knock one down and another one is spun up in east Texas or somewhere similar. That makes it hard to get at the actual source company.

    Dr. Roy Schestowitz Reply:

    Webbink warned me about this a couple of years ago. Red Hat too seems to be targeted using these tactics. OIN dodges the issue/question.

What Else is New


  1. Microsoft Windows Unsafe at Any Speed, by Design

    More timely reminders that Windows is simply not designed to be secure, irrespective of version, status of patching, etc.



  2. After Moonlight Dies and Even Microsoft Abandons Silverlight, the Abusive Monopolist Keeps Pushing for Other Microsoft Lock-in, Injecting OOXML Traps Into Free Software (Moodle)

    Despite a long history of Microsoft formats being proven guarantee of digital obsolescence, Moodle allows itself to become Microsoft prey and a Trojan horse for OOXML in classrooms (for children)



  3. Links 4/7/2015: Mostly (Geo)Political Catchup

    Links for the day



  4. Links 3/7/2015: KDE Applications 15.04.3, Ubuntu-Flavored Compute Stick

    Links for the day



  5. Patent Lawyers and Their Firms, Still Desperate to Protect the Status Quo, Manipulate the Media

    Patent lawyers are besieged by gradual tightening of patent scope and recklessly fight back (e.g. by saturating the media) to secure their revenue sources, derived from (and at the expense of) actual scientists and true market producers



  6. Amid Controversy, Political Scrutiny and Increased Media Pressure Željko Topić and Benoît Battistelli Allegedly Cancel Today's Trip to Zagreb (Croatia) Where Topić Faces Many Criminal Charges

    The Croatian press comments on the recent declaration from the Council of Europe and Topić's not-so-sterling status in his home country, where he is wanted for alleged crimes



  7. Microsoft Gradually Embraces, Extends, Extinguishes Linux Foundation as a Foundation of GNU/Linux

    By liaising with (or hijacking) existing members of the Linux Foundation, as well as by paying the Linux Foundation, Microsoft turns the Linux Foundation into somewhat of a Windows advocacy group



  8. Microsoft India Still Lobbies and Lies About Free Software in Order to Knock Down Policy That Favours Free Software

    Microsoft continues to bully Indian politicians who merely 'dare' to prefer software that India can modify, maintain, extend, audit, etc.



  9. Patent Lawyers and Corporate Media Nervous About New Patents Barrier/Reality (Less Patents on Software and Business Methods)

    The rich and the powerful, as well as their lawyers (whose job is to protect their money and power by means of government-enforced monopoly), carry on whining after the Alice case, in which many abstract patents were essentially ruled -- by extension -- invalid



  10. Translation of Pierre-Yves Le Borgn' Speech Against EPO Management and New Parliamentarian Interventions

    More political fire targeting the EPO's management, adding up to over 100 parliamentarians by now



  11. Links 2/7/2015: KDE Plasma 5.3.2, antiX 15

    Links for the day



  12. Links 1/7/2015: OpenDaylight Lithium, OpenMandriva Lx 2014.2

    Links for the day



  13. Munich Press, Münchner Merkur, Slams the Munich-based EPO

    Pressure on Benoît Battistelli to leave (or be fired) grows as the cronies whom he filled his office with have become a huge public embarrassment to the decades-old European Patent Office



  14. The Shameless Campaign to Paint/Portray Free Software as Inherently Insecure, Using Brands, Logos, and Excessive, Selective Press Coverage

    Some more FUD from firms such as Sonatype, which hope to make money by making people scared of Free/libre software



  15. National Insecurity and Blackmail, Courtesy of Microsoft

    British members of parliament (MPs) outsourced their communication to the number one PRISM company and they are paying the price for it; The US Navy's systems continue to be unbelievably insecure (Windows XP), despite access to the world's biggest nuclear arsenal



  16. Microsoft Keeps Shrinking

    As the era of shrink-wrapped software comes to an end so does Microsoft, whose effort to become a 'cloud' company with online operations has been miserable at best



  17. They 'R' Coming: More Microsoft Money for the Linux Foundation

    The problem with having Microsoft in a Linux Foundation initiative, the R Consortium



  18. Speculations About the EPO's Possible Role in DDOS Attacks

    Readers' views on who might be behind the attacks on this site amid confirmation that it's on the 'targets' list of the EPO



  19. Links 30/6/2015: Linux Mint 17.2, OpenMandriva

    Links for the day



  20. Techrights Confirmed as a Target of EPO Surveillance, With Help From Control Risks Group (CRG)

    Unveiling the cloak of secrecy from long-term surveillance by the European Patent Office (EPO) and a London-based mercenary it hired, bypassing the law



  21. Google's Fight to Keep APIs Free is Lost, Let's Hope Google Continues Fighting

    SCOTUS refuses to rule that APIs cannot be considered copyright-'protected', despite common sense and despite Java (which the case is about) being Free/libre software



  22. Patent Trolls in the Post-Alice World

    A round-up of news about patent trolls in the United States, some of whom are are doing well and some of them not as well



  23. DDOS Attacks Against Techrights

    Information about some of the most recent DDOS attacks against this Web site and the steps to be taken next



  24. The Patent System Not What it Used to be, Large Corporations and Patent Lawyers the Principal Beneficiaries

    A look at some recent patent stories and what can be deduced from them, based on statistics and trends



  25. After Intervention by the Council of Europe Comes a Detailed Summary of the Situation in the European Patent Office (EPO)





  26. IRC Proceedings: May 31st - June 27th, 2015

    Many IRC logs



  27. Links 28/6/2015: Manjaro Linux Cinnamon 0.8.13, VectorLinux 7.1

    Links for the day



  28. Williamson v. Citrix Online (at CAFC) Reinforces Alice v. CLS Bank (at SCOTUS) in Crushing Software Patents

    More patent news from the United States, again serving to indicate that software patents over there are getting weak (harder to defend in court or acquire from the patent office)



  29. Proskauer Rose LLP is Cherry-Picking Cases to Make Software Patents Seem Eligible Despite Alice v. CLS Bank

    Naming and shaming those who are trying to reshape the consensus despite a rather consistent pattern of software patents being rejected



  30. IAM Biased: How IAM 'Magazine' Glorifies Patent Stockpiling

    A look at the bias of one of the most overzealous sites for and by patent lawyers


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