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

05.31.16

Microsoft’s Former Chief Patent Counsel Praises Elevation of Software Patents in Microsoft Case, Adds to Cherry-Picking and Lobbying by Patent Lawyers

Posted in America, Europe, Patents at 4:37 am by Dr. Roy Schestowitz

While Shelston IP continues to lie and grossly misrepresent for software patents

Shook, Hardy and Bacon L.L.P.
Steve Ballmer’s people are still doing Ballmer’s dirty work

Summary: Microsoft, which is renowned (or notorious) for patent extortion against Linux, is still a big contributor to software patenting policy and Shelston IP — much like Microsoft’s front groups — pretends to speak for small businesses in an effort to spread software patents outside the US (in spite of Alice)

EVER since the Enfish v Microsoft decision we have written nearly half a dozen posts to demonstrate how patent lawyers and other self-serving proponents of software patents came out of the woodwork to mislead the public about Alice even though as of days ago [1, 2] “US Pat 8,336,772, Data storage; Smartflash; Claims 1,5,8,10 killed @ PTAB w/101/ Alice [...] Four claims of ’772 Smartflash Patent Asserted Against Apple Killed at the PTAB w/ Alice 101: https://dlbjbjzgnk95t.cloudfront.net/0801000/801293/cbm2015-00031_final_decision_45.pdf …” (in other words, Alice continues to crush patents).

Joff Wild, a proponent of software patents, spoke to Microsoft’s former ‘patent Mafia’ chief (remember that Microsoft still engages in software patents-based extortion against Linux) and much as we hypothesised at first (and wrote about it), it was a happy loss for Microsoft because software patents gained from it. Watch him celebrating a legal loss for Microsoft because it’s a win for software patents that patent lawyers and the USPTO exploited to open the door to new propaganda. To quote Wild (who misspelled Enfish everywhere including the headline): “The US Court of Appeals recently handed down its decision in Entfish [sic] v Microsoft, a case which concerned issues connected to the patentability of software. Unlike many other post-Alice judgments CAFC and lower courts have issued, the Entfish [sic] decision looked to be good news for software patent owners. But the extent of that goods news was less clear. In a recent IAM blog, the opinion was mixed. However, Bart Eppenauer – managing partner of the Seattle office of Shook Hardy & Bacon and the former chief patent counsel at Microsoft – is in no doubt.”

“Shook, Hardy & Bacon L.L.P. is not exactly an objective observer and it is worth noting that Bart Eppenauer came from a company that ran front groups which pretended to speak for small businesses (i.e. hijacked their voices) to promote software patents all around the world.”It’s rather interesting how to see just how often Wild speaks to people from Microsoft (past and present). Both are leading proponents of software patents, so this probably makes sense. Shook, Hardy & Bacon L.L.P. is not exactly an objective observer and it is worth noting that Bart Eppenauer came from a company that ran front groups which pretended to speak for small businesses (i.e. hijacked their voices) to promote software patents all around the world.

In other news, having mentioned how Shelston IP lobbies for software patents in Australia and asks other firms to do the same thing (while falsely pretending to be spokespeople for innovation), we now find another such call from Shelston IP, this time titled “A call to action: save software patents from regulatory obliteration!”

“Shelston IP pretends that it speaks for startups and SMEs — those who actually get harmed the most from software patents.”To quote the outline: “The Productivity Commission has recently released a draft report recommending software and business methods be specifically excluded from being patented. Shelston IP believes that such action would be harmful to Australia’s technology start-up sector, in particular to SMEs whose competitive advantage resides in innovative software interfaces and processes.”

That’s a lie. Shelston IP are terrible liars. Shelston IP pretends that it speaks for startups and SMEs — those who actually get harmed the most from software patents. In reality, those who pursue software patents in Australia are companies like Microsoft and IBM. But nice lobbying effort, Shelston IP; thanks for reaffirming the view that many lawyers are liars.

For a change (not propaganda), a new article by Ante Wessels (FFII) warns about CETA, one of those atrocious deals that threaten to introduce software patents in more and more places. Wessels explains the similarities w.r.t. ACTA:

But, I do not see what was footnote 2 in ACTA, and is footnote 33 in the EU – Singapore agreement, the right to exclude patents from the scope of the civil enforcement section.

All the strong enforcement measures (damages, injunctions, provisional measures) will be available for software patent trolls.

The strong enforcement measures further create problems for access to knowledge and taking part in culture, for remix artists, and for inventors involved in sequential invention – like software developers.

This is reminiscent of some of the effects the UPC would have. It’s all about empowering large corporations and trolls (not even European ones) at the expense of small European businesses.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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. Links 22/9/2020: Tails 4.11, Linux Lite 5.2 RC1

    Links for the day



  2. Minimalism for Maximisation of Productivity and Clutter Mitigation

    Unfortunately, GNU/Linux (especially the latter, Linux) embraces bloat and anti-features in pursuit of sales (appeasing large corporations, not users’ needs), reducing the modularity, reliability and productivity of computer systems in the name of helping “dumb” users (they keep telling us people are very dumb and those who disagree are “elitist” and “extremist” or even “neckbeards” — in effect insulting every person out there)



  3. IRC Proceedings: Monday, September 21, 2020

    IRC logs for Monday, September 21, 2020



  4. Post-Coronavirus Linux.com Became Nothing But a SPAM Site

    As per the Linux Foundation‘s very own brochure, scripted and fake ‘interviews’ are to be produced and then edited/negotiated (before publication) with the sponsor… in Linux.com as the platform. This is corruption (or marketing, one might call them de facto ads presented as fake ‘articles’).



  5. Erosion of Free Speech and Tolerance of Opposing Viewpoints in Free Software Communities

    The concept of free speech is being reinvented by oversensitive people who nowadays expand the list of exclusions/exemptions (from scope of 'permissible' speech) to politics and criticism of large and highly abusive corporations



  6. Links 21/9/2020: PlasmaShell With Vulkan, Plasma Beta Review Day, OpenMediaVault 5.5.11

    Links for the day



  7. Guest Post: The Worrying State of Political Judgement in Free Software Communities

    A look at what Mozilla has become and what that teaches us about the Web and about software



  8. Links 21/9/2020: KTechLab 0.50.0, Linux 5.9 RC6

    Links for the day



  9. IRC Proceedings: Sunday, September 20, 2020

    IRC logs for Sunday, September 20, 2020



  10. Git is Free Software, GitHub is Proprietary Trap

    More and more people all around the world understand that putting their fruit of labour in Microsoft's proprietary (but 'free') prison is misguided; the only vault they have is for human beings, not code



  11. Daniel Pocock on Codes of Conduct and Their Potential Dangers in Practice

    In Debian we’ve already witnessed several examples where Codes of Conduct, if put in the wrong hands (in the Linux Foundation it’s corporate hands), can achieve the very opposite of their intended goal and its a true shame as well as a travesty for legitimate victims of real abuse



  12. Links 20/9/2020: Flameshot Screenshot Tool 0.8, Okular Improvements and More

    Links for the day



  13. Reminder: Vice Chair of the Linux Foundation's Board is an Oracle Executive Who Used to Work for Microsoft

    The Linux Foundation issued statements to the effect of opposing Donald Trump, but its current leadership (people from companies like Oracle, Microsoft and IBM) is a strong proponent of doing as much business as possible with Trump (even in violation of international law)



  14. [Meme] How to Hijack Linux and Free Software to Make Them Proprietary and Microsoft-Controlled

    Intel keeps outsourcing almost everything (that's not proprietary with back doors, e.g. ME) to Microsoft's proprietary software prison, known as GitHub; to make matters worse, Intel now uses the Microsoft-hosted Rust to develop in Microsoft servers, along with Microsoft, code that promotes Microsoft proprietary software (e.g. Hyper-V) and non-standard 'extensions'.



  15. DDOS Attacks Against Us Lately

    (Distributed) Denial-of-service attacks or DDOS attacks have slowed down the site, but we treat that as evidence of suppression and fear (of what's to come and what was recently published), or accuracy (in reporting) rather than inaccuracy



  16. [Meme] Windows as Dead Man Walking (Patches Accelerate the Death)

    Microsoft is squeezing whatever life is left in its “burning platform” (which is already exceeded in terms of market share by Android) that has a "burning" (bricked) WSL with barely any users and plenty of critical problems



  17. We Let Them Get Away With Murder, But They Make up for It by Banning Words

    The Microsoft propaganda machines (notably ZDNet this weekend) are busy portraying Microsoft as a “good company” for censoring words, never mind the actual, meaningful, substantial actions of Microsoft, which is boosting authoritarian people who imprison even babies (for the ‘crime’ of being on the ‘wrong’ side of the border)



  18. High-Profile and Invalid (Invalidated) European Patents Harm the Presumption of Validity of European Patents

    The EPO's 'printing machine' (over-producing patent monopolies) is harming the legal certainty associated with such patents, helping nobody but deep-pocketed monopolists and law firms



  19. Epitaph for (Death of) Patent-Centric Media: Litigation Giant Bird & Bird Nowadays Doing Ads as 'Podcasts' in Think Tank Site 'Managing IP'

    Publishers don't hesitate and openly revel in taking bribes as if it's a badge of honour or importance, allowing themselves to be profoundly corrupted in pursuit of quick cash; we discuss what's happening in sites that pretend to cover patent news (but actually drive agenda of litigation giants, to the detriment of actual innovators)



  20. IRC Proceedings: Saturday, September 19, 2020

    IRC logs for Saturday, September 19, 2020



  21. Links 20/9/2020: 4MLinux 34.0 Released, September Release and EndeavourOS for ARM

    Links for the day



  22. Video: Free Communication With Free Software - Daniel Pocock - FOSSASIA Summit 2016

    The 2016 FOSSASIA talk from Daniel Pocock (Debian) about Free software alternatives to Google, Microsoft Skype and so on (Microsoft started paying Debian in 2016)



  23. [Meme] Microsoft Downtime... Now in 'Linux' (Wait a Month for Microsoft to Restore Uptime)

    Microsoft’s utter failure that is "WSL2" is bringing the failures Windows is so notorious for (loss of work, lack of security, fatal patches) to so-called ‘Linux’; the timeframe for a fix says a lot about just how much Microsoft “loves” Linux…



  24. Coming Soon: Microsoft Leaks (Which Microsoft Pressured Medium to Suppress and Promptly Unpublish)

    Microsoft is no ordinary company; exposing it is like dealing with the Mafia or some drug cartel in Mexico, but we're able to publish truths about Microsoft nonetheless (their notorious intimidation and silencing attempts have always failed against us)



  25. Dishonest Corporations -- Like Smug Politicians -- Pretend to be Something They're Not

    Corporate lies dominate the media, having been crafted by unethical marketing departments with their photo ops and hashtags



  26. GNU is Also a Brand, But It Boils Down to Philosophy and Principles, Not Greed or Corporate Identity

    Why the goal of GNU should be freedom rather than so-called 'world domination' (the objective of large firms with shareholders)



  27. IRC Proceedings: Friday, September 18, 2020

    IRC logs for Friday, September 18, 2020



  28. Links 19/9/2020: Taiwins 0.2 and a Call for Ubuntu Community Council Nominations

    Links for the day



  29. One Year Later Richard Stallman Needs to be Un-cancelled and Attention Turned to the Real Perpetrator of MIT Scandals

    The sheer hypocrisy, treating Stallman as the real nuisance to MIT when it was in fact Bill Gates who trafficked money through convicted sex criminals (to MIT); justice needs to be belatedly restored



  30. ZDNet's 'Linux' Section Isn't About Linux But About Microsoft

    ZDNet's so-called 'Linux' section isn't really about GNU/Linux; it's just the site's usual Microsoft propaganda, bought and paid for by Microsoft


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

Recent Posts