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

08.05.13

More Patent Lawsuits Target GNU/Linux, Response Includes Calls to End Software Patents

Posted in GNU/Linux, Google, Patents at 8:36 am by Dr. Roy Schestowitz

Stallman lectures

Summary: A roundup of patent news affecting GNU/Linux and policy facilitating software patents in the United States

Patents and Free software don’t get along. It’s not surprising to see them colliding more and more as Free software becomes mainstream and even dominant in the operating systems sector.

Patent aggressor/accumulator Amazon has just gotten a taste of its own poison and it is targeting its Linux device, Kindle. 6 patents are involved in this lawsuit, which means that there is another attack vector challenging most Linux-based eReaders (almost all eReaders run Linux, some with GNU).

Linux, GNU, and Android have become common targets for patent aggressors. Apple was first large company to sue Android with patents and it is still going after Google through Motorola (aiming at FRAND with antitrust, just like Microsoft). Apple is also suing Samsung and it initially sued HTC (see Apple vs HTC). Both companies pay Microsoft for Linux, but possibly just for FAT support inside of it. According to this notice [PDF] from the ITC, deterrence against Apple’s litigation might not work as CPTN members lobbied to stop an iPhone 4 ban and succeeded, letting Apple pursue its embargoes of Android devices without facing any risk of its own. Obama is to blame:

Obama vetos iPhone ban, gives Apple unfair advantage

As expected the Obama administration came running to wipe the nose of Apple by vetoing the ban on some of its iPhone and iPads. Samsung had won the ban from the ITC, as a response to Apple’s repeated legal attacks on the company globally. This was one victory which could have forced Apple into settling the patent dispute for good.

Since when do Obama et al. specialise in patent cases? All they do is say they’ll go after trolls while allowing cartels like CPTN to distort the market. Well, there is minor real progress by Google and Red Hat after they disappointed by going after trolls only. As Benjamin Henrion (FFII) put it the other day, “Google, Redhat and al petition US Congress to outlaw business methods, while they are fundamentally software patents” (link). To quote:

“This week, a coalition of more than 40 companies sent a letter to Congress asking for legislation that expands the Covered Business Method (CBM) program, a move some feel would stem patent abuse in the United States. Expanding the scope of CBM—a program that grants the Patent and Trademark Office the power to challenge the validity of certain business methods patents—would expedite the patent review process and significantly cut litigation costs, they say. “The vague and sweeping scope of many business method claims covering straight forward, common sense steps has led to an explosion of patent claims against processes used every day in common technologies by thousands of businesses and millions of Americans,” says the letter, signed by companies like Amazon, Netflix, Red Hat, Macy’s, and Kroger).”

Meanwhile there’s resistance. The USPTO‘s staff is trying to guard against reform. In a paper which is being promoted by patent lawyers (the leeches in this whole system, as the leeches are not those who won’t bother with insulting patents on trivial ideas) it is being claimed that software patents are not a problem. As Gérald Sédrati-Dinet (April) ‏put it, “PTO staff are known academics ? sorry but you’ll need more convincing study” (it’s not even a study, it’s propaganda/marketing).

“I could have made money this way, and perhaps amused myself writing code. But I knew that at the end of my career, I would look back on years of building walls to divide people, and feel I had spent my life making the world a worse place.”

Richard Stallman

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. Microsoft's Copyrights- and Patents-Based Attacks on GNU/Linux Carry on

    The SCO case is still going on and Microsoft has just signed a patent deal with GoPro over its FOSS-based software, relating to “certain file storage and other system technologies”



  2. The EPO's Benoît Battistelli is the Dictator Who Can No Longer Dictate Like He Used to

    The European Patent Office's mechanism of oversight is starting to work just a little because, based on a new report from Juve, Battistelli is now reluctant to make proposals that would prove unpopular among delegates



  3. La Más Detallada Explicación (hasta ahora) de ¿Qué esta mal con la OEP?

    La insistencia de la OEP que permanece arriba de la ley no sólo est bajo fuego en los medios pero también esta siendo desafiada basado en personas familiares con la aplicabilidad de la ley a organizaciones internacionales.



  4. Links 8/2/2016: Vista 10 Nags Help GNU/Linux, Nautilus Updated

    Links for the day



  5. The European Patent Office “is Acting as Though the Law Does Not Apply to It.”

    An article from Nieuwsuur which provides the words of Liesbeth Zegveld (for SUEPO) and Guillaume Minnoye (for the European Patent Office), reaffirming the EPO's bizarre notion that it is above the law, even in the face of human rights violations and a court ruling against the EPO



  6. Microsoft-Connected FRAND Lobbying (Software Patents Against Free/Open Source Software) in Brussels

    Anti-Free/Open Source software (FOSS) talking points and FRAND (anti-FOSS) lobbying groups in Brussels as seen by proponents of FRAND, who also worked for Microsoft



  7. Latest Propaganda From the EPO's Management an Effort to Make the EPO the Tool of Megacorporations

    A quick roundup of some of the latest spin and paid-for (bought) coverage that helps introduce a distorted patent system whose beneficiaries are not European (or even people)



  8. 'Aversion to Change' Propaganda From the EPO Echoes or Parrots Lenin and Stalin

    The out-of-control EPO management is trying to fool the media by blaming staff representatives for getting fired, simply because they stood up to a highly abusive and megalomaniacal dictator



  9. The Gates Foundation Subjected to Criticism, But Over a Decade Too Late

    Reckoning and accepting the fact that even some in the media now openly speak about Bill Gates' corrupting influence in everything, including politics



  10. Links 8/2/2016: Zenwalk 8.0 Beta 2, Q4OS 1.4.7

    Links for the day



  11. SIPO (China's Patent Office) Taken Over by Patent Maximalists

    A look at China's race to the bottom (decline in quality) when it comes to patents, assuming quite wrongly that quantity is more important than quality and severe penalties for perceived infringement will spur innovation



  12. The Alice Case Continues to Smash Software Patents (This Time OpenTV's); Will the EPO Ever Pay Attention?

    The potency or the grip of software patents in the United States is quickly eroding, but the EPO continues to act as though software patents are legitimate



  13. EPO Staff Responds to Team Battistelli's Expansion to Include French Economic Propagandist on the Payroll

    With strings attached (like string puppets of Battistelli in various units including the Investigative Unit), can the new Chief Economist, who is French and paid by Battistelli, ever be trusted?



  14. UPC: To Understand Who Would Benefit From It Just Look at Who's Promoting It (Like TPP)

    The UPC, which is designed to aid patent trolls and aggressors (and their lawyers), is still being advanced by the EPO and some misinformed (but loyal to these former groups) politicians



  15. Trolls Molestos: Rovi (del famoso Angry Birds) Ayuda al Más Largo Troll de Patentes de Microsoft Intellectual Ventures (Corregido)

    Alguna vez conocido como hacedor de juegos y más tarde como vigilancia en masa en jugadores, Rovi ahora se ESTA ALIANDO CON EL MÁS GRANDE TROLL DE PATENTES



  16. Estadísticas de Invalidación de Patentes y Costos de Litigación de Patentes (incluso si son falsas) Muestran que la Esfera de Patentes y los Estándares de Examinación son un Probleman, No Sólo en Los Estados Unidos

    Demasiadas falsas patentes que no deberían haber sido otorgadas en primer lugar y fraudulentes jucios de patentes que terminan en favor del acusado sirve para mostrar el costo externo (o externalidad) cuando set trata de un bajisímo sistema de patentes que se esfuerza en otorgar muchas patentes irrespectivamente de su mérito.



  17. The 'Offenses' of EPO Staff Representatives Boil Down to Truth-Telling

    Dutch television examined the documents of the mock 'trials' against SUEPO leaders and concluded that whistle-blowing (i.e. exposing abuses by EPO management), not misconduct, is the reason for overzealous dismissals



  18. Rumours About Dismissal of Benoît Battistelli and New Letter From Union Syndicale Federale Blasting Battistelli's Behaviour

    hings have been heating up since the dismissal of staff representatives at the European Patent Office (EPO) and some even spread rumours about withdrawal/dismissal of the EPO's President



  19. VirnetX Case Against Apple Shows Not the Problem With Patent Trolls But With Software Patents

    What the media really ought to be talking about after the high-profile VirnetX case, rather than obsess about the status of Apple or patent trolls in the Eastern District of Texas



  20. Diápositivas de Nueva Charla Explican la Connección Entre la Corte De Patentes Unitarias (UPC) y Patentes de Software

    Benjamín Henrion habló el pasado Domingo acerca de las patentes de software europeas -una presentación que habla de la Corte Unitaria de Patentes, por la que la OEP aboga sin cesar y que es lo que significa para las patentes de software.



  21. Las Políticas de Microsoft Alienan Incluso a los Hinchas Más Acérrimos de Microsoft, Incluyendo Pro-Microsoft Web Sites

    El agresivo comportamiento de Microsoft y su BAJA CALIDAD DE PRODUCTOS dejan algunos de sus últimos restos de ´hinchas´ descorazonados y molestos.



  22. Links 6/2/2016: CoreOS Rocket 1.0, Scientific Linux 7.2

    Links for the day



  23. Maybe It's Time for Class Action Lawsuits Against Microsoft for Forced Vista 10 'Upgrades', Which Were Definitely No Accident

    The sheer arrogance of Microsoft, which silently changes the operating system on people's computers (without their consent), makes lawsuits imperative, not just a possibility



  24. Readers' Article: A Strange Conspiracy of Silence in the German Media (Part II)

    Željko Topić's allegedly dark background, which includes a suicide, a retreat of potential witnesses, German funds in Topić's private bank account and several more interesting bits



  25. Links 5/2/2016: Wine 1.9.3, Slackware 14.2 Beta 2

    Links for the day



  26. Links 4/2/2016: Red Hat Upgraded, Ubuntu Tablet

    Links for the day



  27. The Siege Continues: Patent Lawyers Want More Patents, Including Software Patents, In Spite of Alice

    Lawyers who make money from patent disputes make rather apparent their aspirations, which include patent saturation even in domains that are patents-exempt



  28. European Patent Office Pretends It's Business as Usual and Prepares New Vanity Pieces

    The PR strategy of the EPO, whose destructive patent strategy continues unabated (for now), latches onto Colombia and strives to manufacture mythology wherein the public, patent examiners and patent applicants are all very happy with the EPO



  29. The 'International' Trade Commission Imposes/Reinforces Software Patents to Establish Another Embargo

    The International [sic] Trade Commission is meddling in competition and allowing a US giant, Cisco in this case, to potentially block rivals (no imports from abroad) using software patents



  30. Readers' Article: A Strange Conspiracy of Silence in the German Media (Part I)

    The views of some of our readers regarding reluctance in the German media to challenge the EPO's violations of German law, probably because Germany benefits from being a host nation of the EPO


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