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

11.19.16

Microsoft and Its Patent Trolls Continue to Lobby for Software Patents

Posted in GNU/Linux, Microsoft, Patents at 3:24 pm by Dr. Roy Schestowitz

“I’ve heard from Novell sales representatives that Microsoft sales executives have started calling the Suse Linux Enterprise Server coupons “royalty payments”…”

Matt Asay, April 21st, 2008

Summary: In order to maintain the order of “Linux patent tax” Microsoft and its proxies (patent trolls like Intellectual Ventures) keep pursuing patent policy that is friendly towards software patenting

A FEW days ago we became aware of the Microsoft-friendly IAM with its latest/upcoming event (as usual, with patent maximalists as sponsors). It is an IAM event, so basically IAM agenda, including software patents promotion. They are hoping to shape patent policy (see “Programme”) and as Benjamin Henrion put it, it is “Microsoft and others writing swpat [software patents] law: “Key topics for legislators to consider: a solution for 101 uncertainty”…”

“As a reminder, earlier this year software patents from Intellectual Ventures were aimed at Linux devices (in the courtroom) and recently a failed case of Intellectual Ventures led to the potential death of all software patents in the US.”Longtime readers of ours probably don’t need to be convinced that Microsoft is still an enemy of GNU/Linux, at the very least by virtue of promoting software patents (there’s a lot more than that). Sites like Phoronix may have fallen in line with the “LOVES LINUX” nonsense (a PR campaign), but judging by the company’s actions — not mere words — it is still a vicious opponent that cannot be trusted.

The largest patent troll of Microsoft (which attacks Linux with software patents) still fights for software patents. Yes, Intellectual Ventures is just one among many Microsoft-connected trolls that prey on Linux. Here is one new report about it: “Earlier this week, Intellectual Ventures (IV) petitioned the full Federal Circuit to review the panel opinion inIntellectual Ventures v. Symantec, which invalidated two of its patents under section 101. Both patents—the ’050 and the ’610—are directed to filtering email or file content. (IV does not challenge the invalidation of a third patent, which was directed to receiving, screening, and distributing email.) The petition echoes concerns raised by clients, courts, and the patent bar about the growing uncertainty about what is—and what is not—patent eligible, especially in the area of software patents. Identifying two emerging fault lines in the court’s evolving section 101 jurisprudence, IV urges the full court to bring much needed doctrinal clarity and methodological consistency to the patent eligibility analysis.”

This was also covered in another report (partly behind paywall) which says “Intellectual Ventures asked the full Federal Circuit on Tuesday to review a panel decision that invalidated two of its patents on detecting spam and viruses for claiming only abstract ideas, saying the ruling “directly conflicts” with other decisions on patent-eligibility.”

“It would be nice if we did not have to mention Microsoft at all, but it just keeps interfering with (and trying to undermine) Free software, so it’s impossible to ignore this company.”As a reminder, earlier this year software patents from Intellectual Ventures were aimed at Linux devices (in the courtroom) and recently a failed case of Intellectual Ventures led to the potential death of all software patents in the US. It’s clear that Intellectual Ventures intends to keep fighting that decision. It wants to keep extorting all sorts of companies, extracting patent payments (settlements from them). Intellectual Ventures is closely connected not just to Microsoft but to Bill Gates personally.

IAM’s apologists of trolls had the cheekiness to say the other day that “as you know, a lot of infringement goes uncontested because of the cost of litigating in the US.”

That’s nonsense. “A lot of patent bullying goes unchallenged (‘protection money’ paid) because of the cost of litigation everywhere,” I told them and “seen it personally,” added the former lawyer of Samba, Carlo Piana. As Benjamin Henrion (FFII) put it, “politicians don’t care about small companies.”

“I thought big companies were the targets of litigation,” said Jamie Love (Knowledge Ecology International, or KEI for short), probably joking about this myth.

The matter of fact is, Microsoft and its patent trolls continue to lobby pretty hard for software patents, yet the Linux Foundation somehow found it appropriate to join Microsoft and help Microsoft spread its lies (e.g. that .NET is open even though it’s not and SQL Server comes to GNU/Linux even though technically it will run on top of a Windows kernel, which in turn sits on GNU/Linux).

I had a lot more to say about the Linux Foundation joining Microsoft (yes, it certainly feels like the suitable way to put it), but I wrote it succinctly in Diaspora* and other such sites as I wish to focus all energy and time on the patent systems, not on Microsoft specifically. It would be nice if we did not have to mention Microsoft at all, but it just keeps interfering with (and trying to undermine) Free software, so it’s impossible to ignore this company.

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. Links 23/6/2017: Wine 2.11 Released, HPC Domination by GNU/Linux

    Links for the day



  2. Primer to the Crisis and Scandals at the European Patent Office (EPO)

    An introduction to the chaotic state of what used to be the world's leading patent office and quickly became Europe's biggest embarrassment



  3. Workers of the European Patent Office (EPO) Are Going on Strike Again, Almost 90% Voted in Favour

    Thousands of brave EPO employees chose to cast a vote and make it known that they are in favour of another strike



  4. Benoît Battistelli Has Lost the Election at the EPO

    FFPE candidates (or moles from the yellow union) failed to enter the Central Staff Committee in spite of Battistelli's attempt to help them get in



  5. Emerging Threat to Patent Reforms at the USPTO

    Our plan of returning to coverage of US patent affairs in the wake of powerful lobbies that pursue patent maximalism



  6. You Know That the Unitary Patent (UPC) is in Huge Peril When Its Biggest Fans Admit It's Unlikely to Happen Even Next Year

    The tactics of Team UPC turn ugly as they personally target anyone who stands in their way, even a professor/judge who is courageous enough to state the obvious



  7. More Than Six Human Casualties Under Battistelli at the EPO, But the Human Toll Can Become a Lot Worse

    The bigger or much broader picture detailing the high cost of autocracy and mental torture at the EPO, where lives are ruined not only when these are ended and some key buildings pose severe threat to a lot of workers



  8. EPO's Elodie Bergot Calls Staff Suicide Just 'Passing Away', Pretends to Care

    How the EPO continues to mislead if not lie to staff, even when staff commits suicide -- a growing problem for Team Battistelli, whom some insiders hold accountable for these deaths



  9. The Administrative Tribunal of ILO Will Deliver EPO Judgments in Six Days

    Despite its old age (nearly a century), ILO's tradition when it comes to enforcing the law is anything but sterling, yet one can hope that it will stop its unproductive cat-and-mouse game with the EPO, where compliance is rare and actual judgments (not deferrals/referrals) are even rarer



  10. Links 21/6/2017: Red Hat's Numbers Are Up, New Debian Being Studied

    Links for the day



  11. Another Suicide Reported at the EPO While the Paid-for Media Focuses on 'European Inventor Award' Charade

    Puff pieces for Benoît Battistelli published aplenty while the European media refuses to deal with the reality -- not paid-for illusions -- at the European Patent Office



  12. Links 20/6/2017: Chuwi Lapbook, Linux 4.12 RC6, Mesa 17.1.3

    Links for the day



  13. At the European Inventor Award Ceremony Benoît Battistelli Lied to a Lot of Scientists and “Media Partners” About the UPC

    The Liar in Chief, Benoît Battistelli, still lives in a fantasy world or simply lies intentionally, which would be worse



  14. Contact Details for the EPO's Administrative Council Delegations

    List of Heads of Delegation and their E-mail addresses (used to be public information before Benoît Battistelli's oppressive regime or coup)



  15. Don't Forget to Vote for EPO Strike This Week (Thursday)

    A reminder that there's a vote on a strike at the European Patent Office later this week, giving an opportunity to rebut the "vocal minority" myth which Benoît Battistelli likes to spread



  16. European Patent Office (EPO) Whistleblowing Guidelines: Motivation and Impact of Leaks

    Advice on when to leak and what to leak for the desired effect, which is reformatory (though transparency and accountability)



  17. Links 18/6/2017: New Debian Release, Catchup With a Lot of News

    Links for the day



  18. Appalling Press Coverage Regarding the Unitary Patent (UPC)

    How the media has lied (and keeps lying) about the UPC, which the European public neither needs nor wants, putting aside serious constitutional issues that are associated with the UPC



  19. The Writings on the Wall at the European Patent Office: Number of Directors May Soon Decline From 150 to Just 65-70

    Battistelli is seizing more direct and indirect control over the European Patent Office (EPO), which is supposed to eject him with a proposal for replacement already formally prepared for publication



  20. European Patent Office (EPO) Whistleblowing Guidelines

    The first part of a series which offers tips for sending us material/evidence, specifically from the European Patent Office (EPO)



  21. General Consultative Committee of the EPO Warns About Battistelli's Plans

    The General Consultative Committee (GCC) issues a long document (176 pages) which explains to the overseer of the Office how internal rule changes make things even worse



  22. Links 16/6/2017: New Atom Release, Firefox 55 Beta

    Links for the day



  23. Leaked: European Patent Office Still Uses Microsoft Windows XP... in 2017

    The EPO continues to rely on inherently insecure (by design) platforms and Mr. Kraft, Battistelli's CIO, bragged that the actions of the Office "prevented any damage to the EPO and its reputation"



  24. Unitary Patent (UPC) Will Start “Real Soon” Now... Said Team UPC For So Many Years

    The Unitary Patent or Unified Patent Court Agreement (UPCA) is going nowhere fast, but those who spent time and money promoting it for self gain continue to lie to the press with overly optimistic predictions, unrealistic timelines, and Kool-Aid about the supposed 'benefits' of the Unified Patent Court (UPC)



  25. EPO Management Wastes Millions of Euros on a Silly, Gratuitous, Self-Serving Festival While EPO Staff is Planning Another Strike

    Unrest at the European Patent Office (EPO) is growing again, with plans of a strike resulting in a formal vote for a strike next week



  26. Links 15/6/2017: Mir 0.26.3, FreeNAS 11.0

    Links for the day



  27. Software Patents in Europe Are Still Promoted by the EPO, Even in Defiance of the Ban

    The European Patent Office continues to ignore the directive on the patentability of computer-implemented inventions, which had software patents disallowed with an overwhelming majority of 648 to 14 votes at the European Parliament



  28. Leaked: Job Advertisement for Removing Battistelli From the European Patent Office

    In spite of rumours that Benoît Battistelli would pursue elongation of his term, in clear defiance of the rules (again), paperwork is being put forth to replace him



  29. Links 14/6/2017: New BlackArch Linux ISO and Q4OS 1.8.6, Orion

    Links for the day



  30. Even UPC Proponents, Paid by the EPO's PR Firm, Admit That UPC May Never Happen

    Speculations are being floated regarding the cause of the impasse, which is going to result in a very long period of uncertainty and possibly the collapse of the Unified Patent Court (UPC) as it was envisioned by Michel Barnier, Benoît Battistelli and other opportunists


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