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

02.18.14

Patents ‘Reform’ Debate Still Controlled by Corporations, Price of GNU/Linux Servers at Stake

Posted in Patents at 8:49 am by Dr. Roy Schestowitz

Summary: Revisiting the largely-warped patent debate, which focuses on desires of corporations and continues to leave Free software vulnerable

WHEN big corporations say they are against the NSA they don’t mean what we, mere mortals, assume they are saying. To corporations the issues are seen very differently; they’re not bothered about privacy at all, they are only concerned with how much money they make and how customers perceive their privacy policies. Well, the same goes for patents.

When Susan Decker is writing for the corporate press (Bloomberg) she is serving the same media that regularly misuses the propaganda term “Intellectual Property” and elevates monopoly. It’s fake concern. Decker is of course just focusing on patent trolls (the small ones), not big trolls like Microsoft or even the problem with patent scope (e.g. software patents). This whole debate about patents got warped by corporations, especially last year ,and we lost interest in covering it anymore. To speak about trolls and focus/obsess over them it to merely serve the corporate propaganda. Activism and grassroots movements got co-opted by plutocrats; no wonder FFII is no longer active.

“This won’t do anything against real trolls,” iophk explained. “Those are just paper companies with no assets to confiscate.” Notice how Microsoft Nokia-fed patent troll MOSAID brags about growth, saying it “Doubles In Size”.

To speak about trolls without talking about those who give them patents (like Microsoft gave patents to Vringo, which then attacked Google) totally misses the point. “Nor does it address the root problem of software patents themselves.”

Rackspace, which is one of the few US companies (of considerable size) that fought back against software patents, has just had its CEO ‘retiring’ [1], which doesn’t bode well for proper resistance. IBM, the architect of OIN, is rapidly shrinking [2,3] (not just outsourcing), which also can affect its GNU/Linux servers endeavours [4]. Servers are an area where GNU/Linux is dominant [5] and companies like Rackspace do exceptionally well (we recently covered the policy of releasing code as Free software at Rackspace). IBM recently sold its x86 server business to the Chinese (x86 servers still matter [6]) and at HP servers are now made which are GNU/Linux-only [7] (no Windows support). Google, the world’s biggest GNU/Linux user (Google is bigger than Amazon, Salesforce and others), has been coming under the most legal cases over patents involving Linux, Chrome OS, Android etc. Some GNU/Linux servers, such as the ones at Amazon, are already being taxed by Microsoft — a trend we must counter as a matter of priority. Tackling patent policy would be the simplest solution. This is probably the most important issue facing Free software today.

Related/contextual items from the news:

  1. Rackspace Doubles Down on OpenStack as CEO Retires
  2. IBM layoffs strike first in India; workers describe cuts as ‘slaughter’ and ‘massive’
  3. “Slaughter House”: First Person Accounts Of How IBM Just Fired Thousands Of Workers Across India

    A week ago, the Dell dude warned that it’s going to be a layoff “bloodbath” as the recently LBO-ed firm began firing 15,000. Now it’s IBM’s turn.

    According to WRAL Tech Wire, the company which has underperformed Wall Street’s expectations for many quarters, has begun “cost-rationalizing” terminations in India – the country that hosts some 100,000 of IBM’s employees and where IBM reportedly employs the greatest number of workers. The unit targeted is the Systems Technology Group which is the troubled hardware group selling its low-end x86 server business to Lenovo for $2.3 billion and where Big Blue’s executives have launched “Resource Action”, also known as “rebalancing” but best known as mass, across the board terminations where by some estimates up to 13,000 of IBM’s 434,000 workers are set to be let go.

  4. IBM Power Development Platform Emphasizes Linux ISVs

    Access to Power Systems servers for business partners, primarily independent software providers (ISVs), has been revamped with improved tooling for Linux-oriented ISVs bringing that development arena up to par with what has existed for IBM i and AIX developers for some time. This particular partner program, which is now called the IBM Power Development Platform (PDP), was formerly known as the Virtual Loaner Program. It was established in 2003 to encourage ISV development projects and provide a cloud-based test environment for companies developing and enhancing applications.

  5. Has Linux Conquered the Cloud?

    The only challenge left for Linux to fully conquer the cloud is in the private and hybrid sectors. Private cloud technology like OpenStack is pushing Linux kernel-based virtual machines, or KVMs, on the compute side and challenging VMware’s position, asserted Turk.

  6. Futuremark Develops Servermark Benchmarking Tool For Linux-Based x86 Servers

    Today, Futuremark is expanding into the enterprise space with Servermark, which the company says is “a new benchmark that will enable IT professionals in businesses large and small to accurately measure and compare the performance of servers.”

  7. FIRST LOOK: HP takes giant leap in server design

    Another interesting wrinkle: Only Linux distributions are supported: Red Hat, CentOS, Fedora, and Ubuntu. No Windows.

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. More Media Reports About Decline in Quality of European Patents (Granted by the EPO)

    What the media is saying about the letter from Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner whilst EPO communications shift attention to shallow puff pieces about how wonderful Benoît Battistelli is



  2. Beware Team UPC's Biggest Two Lies About the Unitary Patent (UPC)

    Claims that a Unified Patent Court (UPC) will commence next year are nothing but a fantasy of the Liar in Chief, Benoît Battistelli, who keeps telling lies to French media (some of which he passes EPO money to, just like he passes EPO money to his other employer)



  3. Diversity at the EPO

    Two decades of EPO with 16-17 years under the control of French Presidents (and nowadays predominantly French management in general with Inventor Award held in France almost half the time) is "diversity at the EPO"



  4. Orrin Hatch, Sponsored the Most by the Pharmaceutical Industry, Tries to Make Its Patents Immune From Scrutiny (PTAB)

    Orrin Hatch is the latest example of laws being up for sale, i.e. companies can 'buy' politicians to act as their 'couriers' and pass laws for them, including laws pertaining to patents



  5. Links 17/6/2018: Linux 4.18 RC1 and Deepin 15.6 Released

    Links for the day



  6. To Keep the Patent System Alive and Going Practitioners Will Have to Accept Compromises on Scope Being Narrowed

    35 U.S.C. § 101 still squashes a lot of software patents, reducing confidence in US patents; the only way to correct this is to reduce patent filings and file fewer lawsuits, judging their merit in advance based on precedents from higher courts



  7. The Affairs of the USPTO Have Turned Into Somewhat of a Battle Against the Courts, Which Are Simply Applying the Law to Invalidate US Patents

    The struggle between law, public interest, and the Cult of Patents (which only ever celebrates more patents and lawsuits) as observed in the midst of recent events in the United States



  8. Patent Marketing Disguised as Patent 'Advice'

    The meta-industry which profits from patents and lawsuits claims that it's guiding us and pursuing innovation, but in reality its sole goal is enriching itself, even if that means holding science back



  9. Microsoft is Still 'Cybermobbing' Its Competition Using Patent Trolls Such as Finjan

    In the "cybersecurity" space, a sub-domain where many software patents have been granted by the US patent office, the patent extortion by Microsoft-connected trolls (and Microsoft's 'protection' racket) seems to carry on; but Microsoft continues to insist that it has changed its ways



  10. Links 16/6/2018: LiMux Story, Okta Openwashing and More

    Links for the day



  11. The EPO's Response to the Open Letter About Decline in Patent Quality as the Latest Example of Arrogance and Resistance to Facts, Truth

    Sidestepping the existential crisis of the EPO (running out of work and issuing many questionable patents with expectation of impending layoffs), the PR people at the Office choose a facts-denying, face-saving 'damage control' strategy while staff speaks out, wholeheartedly agreeing with concerned stakeholders



  12. In the United States the Patent Trial and Appeal Board, Which Assures Patent Quality, is Still Being Smeared by Law Firms That Profit From Patent Maximalism, Lawsuits

    Auditory roles which help ascertain high quality of patents (or invalidate low-quality patents, at least those pointed out by petitions) are being smeared, demonised as "death squads" and worked around using dirty tricks that are widely described as "scams"



  13. The 'Artificial Intelligence' (AI) Hype, Propped Up by Events of the European Patent Office (EPO), is Infectious and It Threatens Patent Quality Worldwide

    Having spread surrogate terms like “4IR” (somewhat of a 'mask' for software patents, by the EPO's own admission in the Gazette), the EPO continues with several more terms like “ICT” and now we’re grappling with terms like “AI”, which the media endlessly perpetuates these days (in relation to patents it de facto means little more than "clever algorithms")



  14. Links 15/6/2018: HP Chromebook X2 With GNU/Linux Software, Apple Admits and Closes a Back Door ('Loophole')

    Links for the day



  15. The '4iP Council' is a Megaphone of Team UPC and Team Battistelli at the EPO

    The EPO keeps demonstrating lack of interest in genuine patent quality (it uses buzzwords to compensate for deviation from the EPC and replaces humans with shoddy translators); it is being aided by law firms which work for patent trolls and think tanks that propel their interests



  16. Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner Find the Courage to Express Concerns About Battistelli's Ugly Legacy and Low Patent Quality

    The astounding levels of abuse at the EPO have caused some of the EPO's biggest stakeholders to speak out and lash out, condemning the Office for mismanagement amongst other things



  17. IAM Concludes Its Latest Anti-§ 101 Think Tank, Featuring Crooked Benoît Battistelli

    The attack on 35 U.S.C. § 101, which invalidates most if not all software patents, as seen through the lens of a Battistelli- and Iancu-led lobbying event (set up by IAM)



  18. Google Gets Told Off -- Even by the Typically Supportive EFF and TechDirt -- Over Patenting of Software

    The EFF's Daniel Nazer, as well as TechDirt's founder Mike Masnick, won't tolerate Google's misuse of Jarek Duda's work; the USPTO should generally reject all applications for software patents -- something which a former Commissioner for Patents at the USPTO seems to be accepting now (that such patents have no potency after Alice)



  19. From the Eastern District of Texas to Delaware, US Patent Litigation is (Overall) Still Declining

    Patent disputes/conflicts are increasingly being settled outside the courts and patents that aren't really potent/eligible are being eliminated or never brought forth at all



  20. Links 13/6/2018: Cockpit 170, Plasma 5.13, Krita 4.0.4

    Links for the day



  21. When the USPTO Grants Patents in Defiance of 35 U.S.C. § 101 the Courts Will Eventually Squash These Anyway

    Software/abstract patents, as per § 101 (Section 101) which relates to Alice Corp v CLS Bank at the US Supreme Court, are not valid in the United States, albeit one typically has to pay a fortune for a court battle to show it because the patent office (USPTO) is still far too lenient and careless



  22. Buzzwords and Three-Letter Acronyms Still Abused by the EPO to Grant a Lot of Patents on Algorithms

    Aided by Microsoft lobbying (with its very many patent trolls) as well as corrupt Battistelli, the push for software patenting under the guise of "artificial intelligence" ("AI") carries on, boosted by Battistelli's own "Pravda" (which he writes for), IAM Magazine



  23. The United States is Far Better Off With the Patent Trial and Appeal Board (PTAB), So Why Do Lawyers Attack It?

    The anti-PTAB lobby (which is basically the pro-troll or pro-litigation lobby) continues to belittle and insult PTAB, having repeatedly failed to dismantle it; in the meantime PTAB is disarming several more patent trolls and removing from the system patents which were granted in error (as well as the associated lawsuits)



  24. Links 12/6/2018: Neovim 0.3 and Wine 3.10

    Links for the day



  25. Corrupt Benoît Battistelli Promotes Software Patents in IAM's Patent Trolls-Funded Event in the United States

    With less than 3 weeks remaining for Battistelli's term he engages in gross revisionism, lobbying, and even looting of the patent office



  26. The EPO's 'Expert' Georg Weber is Still Advocating Software Patents in Europe (But He Disguises Them Using Buzzwords)

    The EPO's overzealous support for software patents continues unabated while the European Parliament looks the other way; this is part of the plan to expand patent scope in Europe and flood the continent with low-quality patents (causing a ruinous litigation boom like in China)



  27. Battistelli's EPO is Outdoing North Korea When It Comes to Propaganda and Abuses Against Staff

    Battistelli’s ‘scorched Earth’ approach — his sole legacy at the EPO — has left many workers in mental breakdowns (if not dead), but to celebrate the ‘Battistelli years’ three weeks before the end of his term the Office issues new propaganda material (pertaining exclusively to the Battistelli years, 2010 to 2018) while Battistelli-leaning media offers ‘cover’



  28. IPBC, a Patent Trolls-Funded Event of IAM, is Advancing the Attacks on Section 101/Alice

    Andrei Iancu preaches to the litigation 'industry' in an event (lobbying opportunity) organised by the patent trolls' lobby, IAM



  29. PTAB Carries on Undeterred and Unabated, Courts Are Becoming Less Tolerant of Low-Quality Patents

    With the shift away from the Eastern District of Texas (EDTX) and with PTAB applying growing levels of scrutiny to patents the likelihood that abstract patents will endure at the patent office or the courts is greatly diminished



  30. Apple v Samsung Not Over, Hearing on a New Design Patent Trial Next Month

    Apple's legal battles against phones that have Linux inside them simply aren't ending; meanwhile, there's more evidence that Apple would be wise to simply push for patent reforms, namely further restrictions on patent scope


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