07.14.14
Software Patents Demising in the US as Microsoft Patent Attacks on Android/Linux Suffer a Huge Setback
Summary: M-Cam’s assessment of Microsoft’s bundle of extortion (using software patents) shows toothlessness, irrespective of the SCOTUS decision to effectively annul “abstract” software patents
China, reacting rationally to the threat of proprietary software from another sovereign nation, has done much to punish and marginalise Microsoft (e.g. banning Windows and Office in the public sector) due to Microsoft’s strong ties with the NSA. When it comes to patents, China also did what it could to stop Microsoft's extortion racket, causing real damage to Microsoft's "divide-and-conquer" approach. This is working out quite well because M-Cam, which we mentioned here before (it analyses patents) says that many of these patents are quite likely invalid, with or without the latest ruling from SCOTUS (prior art — not just triviality — can invalidate them). As SJVN put it: “China revealed exactly what patents Microsoft has in its Android patent portfolio. After examining these patents, M-Cam doubts the validity of many of Microsoft’s Android claims.”
Meanwhile, however, Microsoft’s proxies are trying to put more patents inside Android and other Linux-based platforms. It’s not just Xamarin which is doing this anymore. Remember that Mono has Microsoft copyrights in it, not just Microsoft software licences and patents. Now that there is something called MonoTizen (mentioned here back in May) we should really watch out. Based on this new post, a company called Kitsilano Software is behind it, run by Bob Summerwill who has been working with Unity3D (a poster child for Xamarin/Mono). Something happened some days ago:
Kitsilano Software released MonoTizen-1.0.0 today, 10th July 2014, to coincide with Tizen Developer Summit Russia 2014
Anything that brings these Microsoft patents close to Linux should be treated as a threat, especially now that Microsoft is struggling to make patent claims and derive fees from Linux. Microsoft does not always attack directly; as Nokia and others have taught us, Microsoft likes to shift patents to trolls, such as MOSAID. “70% of troll suits use patents from real companies,” says this new article, “Will “license-on-transfer” fix things?””
While Microsoft is trying hard to portray itself as "in peace" with FOSS (this is fiction, but one that Microsoft fights hard to push into the media), the truth of the matter is that it feeds patent trolls who attack FOSS. Giving them ammunition by putting Microsoft code (with patents on it) inside Linux is a dire error. Stuff like MonoTizen enables Microsoft to expand the bundle of extortion which is sends over to companies under NDA. █
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