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

02.03.14

USPTO Still a Sham; Microsoft, Apple and IBM Still Part of the Problem and Google/Linux a Common Victim

Posted in Apple, GNU/Linux, Google, IBM, Microsoft, Patents at 10:24 am by Dr. Roy Schestowitz

Where innovation comes to get burned

Summary: How software conglomerates continue to hammer on Free software and GNU/Linux, adding even hypocritical attempts an antitrust action

The USPTO is still the same sham is has been over the past decade or two. It is designed to serve large corporations and it is even run by some of them. Like the espionage specialist NSA, it is about protectionism for few large companies (oligarchs) at the expense of people in the nation it purports to be serving. This isn’t only unjust; it’s corrupt.

There is no lack of shocking patent news. There’s depressing news out there, including Slashdot‘s coverage of Apple’s creepy patents. A former Microsoft booster from CNET said that a “freshly published Apple patent application envisions the delivery of targeted ads based on your mood, behavior, and other seemingly intangible characteristics.”

Apple then uses its patents to attack Linux with embargoes and Google is trying to catch up (Lenovo gets part of Motorola) by doing rational things, not extortion using software patents but instead reacting with Motorola and OIN-pooled patents (connections with IBM). The thing about IBM is, despite pretending to be pro-FOSS, it continues to promote software patents [1], making the USPTO even worse than before [2] and leaving civil rights groups to clean up the mess [3]. OIN has Oracle as a member and despite that Oracle is suing Google/Android/Linux. Then there are Microsoft-armed proxies/trolls like Vringo and 'Beneficial' 'Innovations' (both suing Google over its core business), which FOSS Force mentioned the other day as follows: “When Beneficial Innovations began taking legal action against websites using Google’s Doubleclick ad technology, the search company took the troll to court for suing their customers. It seems that in 2010 Google had settled with Beneficial and that settlement specifically covered their customers. According to Ars Technica, Google made it easy for the court to find in their favor.”

Microsoft must be really worried about Google because Marissa Mayer threatens to dump Microsoft from search after Microsoft hijacked Yahoo. “Thus the noise about the CEO choices,” wrote iophk. “It buries the real news.” And then there’s this in the news: “A Microsoft-backed lobby group is urging Brussels’ competition chief Joaquin Almunia to open up Google’s latest revised offer of a conciliatory package of tweaks to its search biz to the ad giant’s rivals.

“Earlier this week, it was reported that the European Commission was closing in on a settlement deal with Google that would apparently allow the company to dodge admittance of any wrongdoing and a fine that could be as high as 10 per cent of its annual global turnover.

“Almunia’s office has declined to comment on the claim that it had received a fresh package of concessions from Google to try to end a three-year long antitrust investigation into the multinational’s search business practices in Europe.”

Acually, it was Google that originally complained about Vista diverting users away from Google. Funny how some Microsoft lobbyists and proxies from the most criminal company now attempt to make Google look like the antitrust violator, while adding some patent attacks to Google, both directly and indirectly (through trolls and partners). Microsoft and its proxies also started antitrust complaints against Android, alleging anti-competitive behaviour in operating systems (yes, Microsoft accuses others of that).

Related/contextual items from the news:

  1. Microsoft And IBM: If Patent Office Can Do A Quick Review Of Our Crappy Patents, You’ll All Die In A Car Crash

    Last fall, we wrote about how the BSA, the Business Software Alliance, famous for being basically a Microsoft-front organization whose main job is to publish absolutely, hilariously misleading “piracy” numbers each year, had been taking on the issue of the so called “covered business method (CBM) patent” program that was being pushed in patent reform. The covered business method patent program is pretty straightforward. It allows certain types of patents — currently financial patents — to undergo a faster review, allowing the USPTO to dump bad patents faster. Senator Chuck Schumer, who had put the original CBM tool into the last round of patent reform, is now championing expanding it to cover software patents as well. While very heavy lobbying from Microsoft (and some from IBM) convinced the House to drop the plan from its patent reform bill, there’s still a battle in the Senate, and Schumer doesn’t show any interest in giving it up.

  2. Ill-Conceived, Even If Competently Administered: Software Patents, Litigation, and Innovation—A Comment on Graham and Vishnubhakat

    The number of patents has increased dramatically in the past three decades, as has the number of patent-related lawsuits, particularly in the field of software. Industry and academic experts have expressed concern that many of the patents being issued are of low quality. Writing in the Journal of Economic Perspectives, Stuart Graham and Saurabh Vishnubhakat have defended the United States Patent and Trademark Office, arguing that the PTO has acted responsibly in issuing patents that are legally valid and that it is handling problems constructively. We accept some of Graham and Vishnubhakat’s defense of the PTO, but argue that the most important issue is not whether the law is being competently administered but whether patent law, particularly as applied to software, is creating patents that are overly broad and ambiguous. We maintain that it is, and that the results are less innovation and more costly and unproductive litigation.

  3. Podcasting “patent troll” fighting EFF wants donors’ names

    Personal Audio LLC is a patent-holding company that became famous (or infamous, depending on one’s point of view) by claiming that it owns things like playlists and podcasts (or “episodic content,” in the words of one Personal Audio patent). Its wild claims led the Electronic Frontier Foundation to raise more than $76,000 from donors to fight the patent.

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 Media Attack on Free Software and GNU/Linux

    Brainwash war is still being waged by Microsoft and its friends to convince people that Windows is universally dominant and that Microsoft is now part of the Free software world



  2. Microsoft Accounting Practices After Fire Again, After Previous Abuses and Book-Cooking

    After the infamous IRS brawl comes another confrontation between Microsoft and the SEC, which is unhappy with Microsoft for seemingly cooking the books again



  3. Links 26/1/2015: Debian 8.0 “Jessie” RC1, Linux Kernel 3.19 RC6

    Links for the day



  4. Links 25/1/2015: Android Wear 5.0, Tizen in Bangladesh

    Links for the day



  5. IRC Proceedings: January 11th, 2015 – January 24th, 2015

    Many IRC logs



  6. Links 24/1/2015: Zenwalk Linux Reviewed, Netrunner 14.1 Released

    Links for the day



  7. The Latest 'Microsoft is Open Source' Propaganda a Parade of Lies

    Microsoft myth makers continue their assault on what is objectively true and try to tell the public that Microsoft is a friend of "Open Source"



  8. Apple -- Like Microsoft -- Not Interested in the Security of Its Operating Systems

    Apple neglected to patch known security flaws in Mac OS X for no less than three months and only did something about that vector of intrusion when the public found out about it



  9. As Battistelli Breaks the Rules and Topić Silences Staff, New European Parliament Petition for Tackling the EPO's Abuses is Needed

    The neglected (by EPO) Article 4a of the European Patent Convention (EPC) and the European Parliament petition/complaint against the EPO's crooked management



  10. Links 23/1/2015: Red Hat on IBM Power, Meizu Leaks With Ubuntu

    Links for the day



  11. Links 23/1/2015: Plasma 5.2, Manjaro 0.9-pre1

    Links for the day



  12. Microsoft is Dying Due to Free Software, Tries to Infect GNU/Linux With .NET and to Infect Moodle in Schools With Microsoft Office and OOXML Lock-in

    'Free' drugs (a proprietary software analogy) the new strategy of Microsoft in its latest battle against Free software, especially in schools where choice is a rarity (if not an impossibility), with the premeditated intention of forming dependency/addiction among young people



  13. Microsoft Symptoms of a Dying Company: More Boosters Depart, Back Doors Revealed, Microsoft's Outlook Cracked

    Bad news for Microsoft shortly before the marketing extravaganza served to cover much of it up



  14. The Collapse of European Patent Office Management Culminates With Resignations

    No blood is spilled, but even the management of the EPO is falling apart as the Director of Internal Communication is said to have just resigned



  15. New LCA Talk: Open Invention Network's Deb Nicholson on Software Patents and Patent Trolls

    Deb Nicholson's LCA talk is now publicly accessible



  16. Links 22/1/2015: GNU/Linux Sysadmin Opportunities, TraceFS Introduced

    Links for the day



  17. Links 21/1/2015: Andrew Tridgell, Torvalds Being Baited

    Links for the day



  18. Vesna Stilin Renews Her Fight for Justice in Željko Topić Case (EPO VP)

    Željko Topić's abuses continue to cloud the legitimacy of the European Patent Office, in which he is a Vice-President



  19. Failure of the EPO Can Derail the Trojan Horse of Software Patents and Patent Trolls

    Dazzled by his endless pursuit of infinite money and power, Battistelli pushes for expansion of patent scope (geographically too), but he won't have it without a challenge



  20. Links 20/1/2015: Linux 3.19 RC5, 30 Years of FSF

    Links for the day



  21. Translations of Member of the European Parliament Complaining About European Patent Office (EPO)

    French, German, Dutch, and English translations of the article from Dennis De Jong



  22. Microsoft, the Back Doors Company, is Gradually Dying and Trying to Embrace the Competition

    The world is leaving Microsoft's common carrier (Windows) behind, so Microsoft, which is shrinking, tries to conquer Free software and GNU/Linux



  23. Battistelli's Latest Propaganda War Tries to Convince EPO Staff That Željko Topić's Many Criminal Charges Don't Exist

    Battistelli's right-hand man, Željko Topić, is now facing real danger of prosecution and possibly arrest in his home country, so Battistelli rushes to defend this thug's reputation



  24. Links 18/1/2015: Sailfish OS RoadMap, ownCloud Turns 5

    Links for the day



  25. Strategy of Litigation With Patents Has Collapsed Since SCOTUS Ruling in Alice v. CLS Bank

    The latest figures from Lex Machina show a massive decrease (-18%) in patent litigation last month; lawyers look for ways to spin the data in their favour



  26. Patent Lawyers Can't Help Rewriting Alice v. CLS Bank History

    The league of patent lawyers -- people who profit at the expense of software producers -- keeps brainwashing the public about the patentability of software (both the rationale and the potential)



  27. Myths and Hype About Patents

    Distortion of history and fabricated reports about patents in the corporate media leave many people confused and ultimately unable to make rational judgment



  28. Large Corporations, Including Microsoft Allies, Call for Abolition of Software Patents

    The calls for ending all patents on software are getting louder and patents as a whole are de-emphasised as a business strategy



  29. Links 17/1/2015: Lennart Poettering in Headlines, Mageia 5 Beta 2

    Links for the day



  30. Links 16/1/2015: Chapeau 21, Tails 1.2.3

    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