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09.14.15

Patents Roundup: Europe’s and India’s Software Patents Affair, US Continues to Demote Software Patents With Alice Case

Posted in America, Asia, Europe, Patents at 2:38 am by Dr. Roy Schestowitz

Bridgewater Hall

Summary: A roundup of news of interest regarding patents, especially software patents whose impact on Free/Open Source software is exceptionally profound

THE NEXT couple of weeks will be quiet for this site because we’re taking a two-week break. Before we go, however, here are some important news from around the world.

Europe

There is an EPO demonstration tomorrow. It tackles issues that relate to human rights, not to software patents or the UPC, but nonetheless, those latter issues too are a growing threat to European interests. According to a lawyers’ site, UPC’s “new regime will sit alongside rather than replace the existing patent system and will therefore require businesses to make careful choices about how they intend to protect their inventions and enforce their patent rights.

“The decisions they take could affect their patent litigation strategy and exposure to risk for years afterwards.”

All one needs to know about it is that it is going to empower international/multinational companies and their patent lawyers. For everyone else it’s a slap on the face.

India

We have been writing a lot about India as of late, in relation to software patents. Dr. Glyn Moody has a good article on this subject, comparing what India is doing right now to what Europe has been doing in recent years (since the Alison Brimelow days). To quote Moody: “These are very similar to the exclusions listed in Article 52 of the European Patent Convention (EPC), which governs patent law in Europe. And where the EPC uses the phrase “as such” when it comes to computer programs, the India exclusions contain the equivalent phrase “computer programme per se”. As Techdirt readers know, the inclusion of “as such” as a qualifier to the exclusion of computer programs from patentability has opened up a huge loophole through which clever lawyers have driven many thousands of software patents. The fear — quite justified — is that exactly the same will happen in India because of the new guidelines’ interpretation of what that “per se” phrase means…”

Indians will hopefully stand up and fight this injustice. It’s a form of colonialism in the patents sense, akin to what large pharmaceutical companies are trying to do in this vast market (many potential ‘customers’).

United States

A few days ago we learned about yet another defeat for software patents in the United States.”Five Blue Spike Patents Killed by Alice/101,” Patent Buddy wrote the other day, linking to this decision [PDF]. Notice the defendant; it’s a common target of Microsoft.

The patent maximalists from IAM are meanwhile reporting that ZTE, an Android player which we mentioned here recently for patent assaults on it (from Microsoft and its trolls), wants to “develop high-quality patent assets” (complete nonsense expressed using the language of patent propagandists). To quote the maximalists: “The average US consumer might not be familiar with the ZTE brand, but the latest figures from global intelligence firm IDC show that it has moved into fourth place in the American smartphone market, behind Apple, Samsung and LG. The Chinese company grabbed an 8% share of sales in the second quarter, up from just 4.4% at the start of 2014. ZTE has not exactly consolidated its gains yet, but its impressive growth offers a tentative success story for other would-be market entrants from China.”

The last thing ZTE needs in the world, including the lucrative US market, is more patents. Let’s hope that the US system will be healed over time, obviating the perceived need for such wasteful strategies that artificially elevate the price of products (lawyers’ tax).

“Let’s hope that the US system will be healed over time, obviating the perceived need for such wasteful strategies that artificially elevate the price of products (lawyers’ tax).”Reporting from the AAMA webinar, AAMA Info wrote: “The patent troll itself admitted that less than 3 percent of such lawsuits ever make it to trial,” adding that “97% settlement rate suggests a very good return on investment for the patent troll!”

Matt Levy wrote that he “was on a panel the other day discussing patent reform, and a funny thing happened. While we disagreed about a number of aspects of patent reform, basically everyone on the panel agreed that it’s ridiculous for one district (i.e., the Eastern District of Texas) to host so much patent litigation.

“Even those on the panel who didn’t like the current venue provision in the Innovation Act felt that it just needed some small tweaks in the language. They agreed with the basic approach of venue reform.”

We are still hopeful and very much positive about the US patent system because it seems to be moving more in the direction of hostility towards software patents, whereas India and Europe go the other way.

‘New’ Microsoft: One of Several Architects of Microsoft’s Patent War on GNU/Linux Gets Promoted Even Further, Gates is Lobbying China’s President After Linux Adoption

Posted in Apple, Asia, Bill Gates, GNU/Linux, Google, Microsoft, Patents, Samsung at 2:08 am by Dr. Roy Schestowitz

Voyager

Summary: Microsoft continues its long journey towards ‘Linux tax’ (or Microsoft tax on Linux) as the ‘standard’ while trying very hard to derail Android and prevent nations from moving to Free/libre software

THE bubble of ‘good’ Microsoft is being burst on a daily basis because the company keeps — and sometimes even enhances — its hostile behaviour, having just taken away software from Android [1, 2], engaged in yet more “embrace, extend, extinguish” tactics against Android, and then started recording Android users remotely (always on), as reported by Mary Jo Foley and other Microsoft propagandists (Microsoft’s special relationship with the NSA notwithstanding). Based on this new article from IAM, there is also a monopoly being shielded here, with the prospect of litigation against Google and others (for royalties or product removal). “A new study by technology consulting and litigation support firm iRunway,” says IAM, “has analysed the patent landscape around speech recognition technology, finding that Microsoft and specialist company Nuance lead the way. The report highlights the growth in patent filings over the last 10 years as companies have made significant strides in the development of technology in this area.” Just watch how Apple has been suing Samsung. It is still pursing high royalties through a settlement. It wants “hundreds of millions of dollars”, as an Apple proponent/Android foe put it. Much of that is for software patents and it is the same strategy Microsoft has been sticking to for much longer than Apple.

Make no mistake about it. There is no 'new' Microsoft except a Microsoft that engages in patent racketeering against Linux and Android. There are only faceplate changes, site changes, logo changes, etc. The company is as aggressive as ever before.

“Make no mistake about it. There is no ‘new’ Microsoft except a Microsoft that engages in patent racketeering against Linux and Android.”Several years ago we noted that Microsoft had promoted Horacio Gutierrez, who is now a Microsoft Vice President. Microsoft was emphasising a litigation route, making it abundantly clear that patent extortion against Linux was a growing strategy. Anti-Linux patent men are once again being promoted inside Microsoft as Smith becomes President. Recall all the anti-Linux rhetoric from him and mind the “astroturf in the comments,” as noted by our reader iophk. Smith is an aggressor, so the way we interpret the news is, anti-Linux litigation is only further promoted (not demoted) as the strategy. Watch what Microsoft has been doing with Tuxera, putting and reinforcing patent tax as part of the ‘standard’ inside Linux. Here is a new press release from Tuxera and partners — a statement which says:

iWedia, a leading provider of software solutions for TV devices to service operators and Consumer Electronics manufacturers, today announced that it has integrated its Linux-based Teatro-3.0 Set-Top Box (STB) software solution for IP-connected zappers with the AllConnect streaming technology of Helsinki-based Tuxera, the market leader in embedded file systems, network storage and streaming technologies.

Well, Tuxera is a Microsoft partner and it pays Microsoft. This is the sort of GPL-hostile future Microsoft is after. Microsoft is trying to make Linux its own cash cow. Yes, cash cow! It’s an assault on the very heart of Free software. It impedes distribution rights.

Speaking of underhanded tactics such as these, the Gates Foundation is being used as a Trojan horse by Bill Gates, who is now an integral part of Microsoft’s management and according to this report China’s “President Xi is set to also have a private dinner with Microsoft co-founder Bill Gates before leaving Seattle for Washington.”

Another report says “President Xi will also be visiting and meeting with Microsoft founder and philanthropist Bill Gates, even before he visits Obama in Washington.”

“That makes Xi look very weak,” iopkh wrote to us. It’s not the first time that this happens. The same kind of story was reported here almost decade ago, back in 2007.

“Yes,” iopkh noted, “it’s happened with other presidents of China. It makes them look very foolish, to keep it polite.”

Our worry is that China will lift its ban (in government) on Office and Microsoft Windows, maybe after some ‘sweet’ (behind closed doors) deal with Gates, who is now officially back at Microsoft (in functional terms). At the moment, China is rapidly moving to GNU/Linux at many levels, not just when it comes to mobile devices but also when it comes to servers and desktops. We wrote a lot about it. China not only explored Free software, but also began moving to it en masse. It’s the world’s largest market and trend setter.

Don’t believe for even a moment that Microsoft has changed for the better. It’s just more discreet about its constant attacks on Free software.

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