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

03.19.17

What’s OIN Doing While Microsoft is Siccing Patent Trolls on Azure Competitors’ Customers?

Posted in Free/Libre Software, GNU/Linux, Microsoft, OIN, Patents at 9:02 pm by Dr. Roy Schestowitz

Attacks on GNU/Linux and Free/libre software, but OIN cannot do anything about it

Submarine (patents)

Summary: Microsoft’s patent litigation strategy has become clearer, and patents-centric efforts such as OIN offer no defence against such a strategy, which attempts to pressure everyone to flock to Microsoft for ‘protection’ (from Microsoft itself)

SEVERAL readers have sent us this latest article about OIN, which we no longer believe does anything beneficial to Linux, except in name. The USPTO continues to grant software patents (more rarely than before) and OIN plays a role in a group designed to promote software patents, or support their resurgence. Where has OIN been when we needed it? Our readers emphasise that OIN is not effective against trolls and Benjamin Henrion (FFII) recently said that OIN itself had admitted it. So if OIN isn’t trying to stop software patents and isn’t effective against trolls, what good is it anyway? It’s somewhat of a distraction from the real solutions. The latest puff piece for OIN says: “When you think of Linux and open-source companies, the automobile industry is not the first business to spring to mind. But maybe it should be. Daimler, Mercedes-Benz’s parent company, has joined the Open Invention Network (OIN), the Linux and open-source non-aggression patent consortium.”

So what?

“Where is OIN now that Microsoft is coercing Linux/Android OEMs into bundling malware, using threats of patent lawsuits?”The piece was possibly initiated by some phonecall and/or a press release from OIN’s CEO (I should know as he phoned me too, in order to garner support). Where has OIN been when Microsoft attacked GNU/Linux? Where is OIN now that Microsoft is coercing Linux/Android OEMs into bundling malware, using threats of patent lawsuits? Microsoft already sued over it, e.g. Microsoft v Samsung.

We kindly remind readers that Microsoft is passing patents, usually in bulk, to trolls, which OIN can do nothing about (by its own admission). Buying patents before these make it into the hands of trolls would not work if the seller is Microsoft or a company intruded by Microsoft, such as Nokia when it sold patents to MOSAID. OIN is absolutely useless in circumstances such as these. Recall our recent article titled "As Long as Software Patents Are Granted and Microsoft Equips Trolls With Them, “Azure IP Advantage” is an Attack on Free/Libre Software" — one among several such articles, posted along with the following articles:

One reader that alerted us about the OIN piece had already found out a curious report from Microsoft’s booster Kurt Mackie. “I lost the link (ignored it because of Azure),” this reader explained, “but after thinking about it, if Microsoft is selling or renting patents to trolls (NPE) then their tactic works. In particular they are able to attract trolls with the bait on Azure, let them have a patent for a fee, and then point the troll at their competitors. Just speculation but I that’s what I though after considering the Azure news.”

Upon further exploration the article in question was found again. “I found where I saw it,” our reader explained, quoting the following passage from it:

Lastly, Microsoft is promising that if it transfers Azure-associated patents to “nonpracticing entities,” then the arrangement will be such that the holding company can’t assert IP claims against Azure customers. This latter arrangement is called a “springing license” arrangement in legal lingo.

This is pretty significant as it shows that our interpretation of the strategy was all along correct. “If Microsoft is doing those “transfers”,” our reader noted, then “it is effectively siccing trolls on its competitors’ customers.”

The strategy above is rightly compared to the Novell deal that we protested against for a very long time. To quote: “On the IP side, Microsoft early on provided “IP peace of mind” by issuing certificates for Novell’s SuSE Linux Enterprise server use in a controversial program that promised customers using that software that they would not be subject to IP claims from Microsoft. That program emerged from Microsoft’s early legal claims that Linux and other open source software had violated 235 of Microsoft’s patents.”

“This is pretty significant as it shows that our interpretation of the strategy was all along correct.”So again, just like we had said all along, Microsoft basically reintroduced the same tactics. It just markets them differently now, using similar words but a different platform. 10 years ago Microsoft tried to get everyone to use SUSE, which it taxed, and now it is trying to make everyone move to Azure, with perceived or concrete risk of patent lawsuits as an encouraging factor.

And some people naïvely believe (based on a PR campaign) that Microsoft has changed…

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. IAM and IP Kat Are Still Megaphones of Battistelli and His Agenda

    IAM reaffirms its commitment to corrupt Battistelli and IP Kat maintains its stance, which is basically not caring at all about EPO corruption (to the point of actively deleting blog comments that mention such corruption, i.e. 'sanitising' facts)



  2. The EPO Under António Campinos Relaxes the Rules on Software Patenting and the Litigation 'Industry' Loves That

    EPO management, which is nontechnical, found new terms by which to refer to software patents -- terms that even the marketing departments can endorse (having propped them up); they just call it all AI, augmented intelligence and so on



  3. Links 17/10/2018: Elementary OS 5.0 “Juno” Released, MongoDB’s Server Side Public Licence

    Links for the day



  4. Improving US Patent Quality Through Reassessments of Patents and Courts' Transparency

    Transparency in US courts and more public participation in the patent process (examination, litigation etc.) would help demonstrate that many patents are being granted — and sometimes asserted — that are totally bunk, bogus, fake



  5. Ask OIN How It Intends to Deal With Microsoft Proxies Such as Patent Trolls

    OIN continues to miss the key point (or intentionally avoid speaking about it); Microsoft is still selling 'protection' from the very same patent trolls that it is funding, arming, and sometimes even instructing (who to pass patents to and sue)



  6. Links 1610/2018: Linux 4.19 RC8, Xfce Screensaver 0.1.0 Released

    Links for the day



  7. Judge-Bashing Tactics, Undermining PTAB, and Iancu's Warpath for the Litigation and Insurance 'Industries'

    Many inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) leverage 35 U.S.C. § 101 against software patents; instead of putting an end to such patents Director Iancu decides to just serve the 'industry' he came from (a meta-industry where his firm had worked for Donald Trump)



  8. 'Cloud', 'AI' and Other Buzzwords as Excuses for Granting Fake Patents on Software

    With resurgence of rather meaningless terms like so-called 'clouds' (servers/hosting) and 'AI' (typically anything in code which does something clever, including management of patents) the debate is being shifted away from 35 U.S.C. § 101 (Section 101); but courts would still see past such façade



  9. Corporate Media's Failure to Cover Patents Properly and Our New Hosting Woes

    A status update about EPO affairs and our Web host's plan to shut down (as a whole) very soon, leaving us orphaned or having to pay heavy bills



  10. Links 15/10/2018: Testing Ubuntu 18.10 Release Candidates, KaOS 2018.10 Released

    Links for the day



  11. USPTO FEES Act/SUCCESS Act Gives More Powers to Director Iancu, Supplying Patents for Litigation 'Business' and Embargo (ITC)

    Corruption of the US patent system contributes to various issues which rely on the extrajudicial nature of some elements in this system; companies can literally have their products confiscated or imports blocked, based on wrongly-granted patents



  12. Court of Appeals for the Federal Circuit Decides That USPTO Wrongly Granted Patents to Roche

    Patent quality issues at the U.S. Patent and Trademark Office (USPTO) — motivated by money rather than common sense — continue to be highlighted by courts; the USPTO needs to raise the bar to improve the legal certainty associated with US patents



  13. Even Judge Gilstrap From Texas is Starting to Accept That Software Patents Are Invalid

    Amid new lawsuits from Texas (e.g. against Citrix) we’re pleased to see that even “reprehensible” Rodney Gilstrap (that’s what US politicians call him) is learning to accept SCOTUS on 35 U.S.C. § 101



  14. Federal Circuit Doubles Down on User Interface Patents, Helps Microsoft-Connected Patent Trolls Curtail the Prime Competitor of Microsoft Office

    Patent trolls that are connected to Microsoft continue to sue Microsoft rivals using old patents; this time, for a change, even the Federal Circuit lets them get away with it



  15. Let's Hope Apple Defeats All the Abstract Patents That Are Leveraged Against It

    Apple can be viewed as a strategic 'ally' against patents that threaten Android/Linux if one ignores all the patent battles the company started (and has since then settled) against Android OEMs



  16. EPO Insider/Märpel Says President Campinos Already Acts Like Battistelli

    Unitary Patent (UPC) is a step towards making the EPO an EU institution like the European Union Intellectual Property Office (EUIPO); but it's not making any progress and constitutional judges must realise that Campinos, chosen by Battistelli to succeed him, is just an empty mask



  17. Quality of Patents Granted by the EPO is Still Low and Nobody Will Benefit Except Lawyers, Jubilant Over Growing Lenience on Software Patents

    Deterioration of patent quality at the EPO — a serious problem which examiners themselves are complaining about — is becoming rather evident as new guidelines are very lenient on software patenting



  18. 100 Days Into the Term of Campinos There is Already an EPO Suicide

    A seventh known suicide at the EPO since the so-called 'reforms' began; the EPO continues to pretend that everything is changing for the better, but in reality it's yet more nepotism and despotism



  19. Links 13/10/2018: Ubuntu Touch OTA-5, MidnightBSD 1.0 Ready

    Links for the day



  20. Links 11/10/2018: PostgreSQL 11 RC1 Released, Librem 5 Loves GNOME 3.32

    Links for the day



  21. Friend Brings a Friend, Boss Becomes Subordinate: the EPO Under António Campinos is Starting to Look a Lot Like Team Battistelli 2.0

    The new President of the EPO contributes to the perception that the Office is a rogue institution. Governance is all in reverse at the Office because it still seems like the Office President bosses the Council rather than be bossed by it (as intended, as per the EPC)



  22. UPC Cowardice: Team UPC Uses Cloaks of Anonymity to Discredit Authors of Scholarly UPC Paper They Don't Like

    Team UPC has sunk to the bottom of the barrel; now it uses anonymous letters in an effort to discredit work of Max Planck Institute staff, in the same way (more or less) that ad hominem attacks were attempted against the filer of the constitutional complaint in Germany



  23. New EPO Guidelines: Granting European Patents on Business Methods, Algorithms, Mental Acts and Other Abstract Stuff

    Keeping so-called 'production' high and meeting so-called 'targets' (allegedly set by Battistelli), Campinos relaxes the rules for "computer-implemented inventions" (one among many misleading terms that mean software patents in Europe)



  24. Open Invention Network is a Proponent of Software Patents -- Just Like Microsoft -- and Microsoft Keeps Patents It Uses to Blackmail Linux Vendors

    OIN loves Microsoft; OIN loves software patents as well. So Microsoft's membership in OIN is hardly a surprise and it's not solving the main issue either, as Microsoft can indirectly sue and "Microsoft has not included any patents they might hold on exfat into the patent non-aggression pact," according to Bradley M. Kuhn



  25. Links 10/10/2018: Unreal Engine 4.21 Preview, Red Hat Openshift Container Platform 3.11

    Links for the day



  26. Links 9/10/2018: Plasma 5.14, Flatpak 1.2 Plan

    Links for the day



  27. Greg Reilly Inadvertently Makes a Case for Replacing/Improving the Patent System With a Wiki, Editable by All as Society Moves Forward

    Editable patents make a lot more sense in the age of the Internet and the World Wide Web; companies that rode the wave of the Net are themselves changing their patents on the go, sometimes because they simply attempt to dodge an evolving patenting criterion which nowadays looks down on software patents



  28. The USPTO's Principal Issue is Abstract Patents (or Patent Scope), Not Prior Art Searches

    In spite of the fact that US courts prolifically reject patents for being abstract (citing 35 U.S.C. § 101) Cisco, Google, MIT, and the USPTO go chasing better search facilities, addressing the lesser if not the wrong problem



  29. António Campinos Makes Excuses for Granting European Patents on Software in Spite of the EPC

    Continuing the horrid tradition of Battistelli, António Campinos sends patent quality -- the one aspect which the EPO was once renowned for -- down the drain (or down the shredder, for lack of a better and more timely metaphor)



  30. Antibody Patents Should Not be Allowed (Nor Should CRISPR Patents)

    The patent extremists are still trying to patent life (and/or nature) and their arguments typically boil down to, "there's money in it, so why the heck not?"


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