Bonum Certa Men Certa

Recognising the Death of Software Patents, Microsoft's Largest Ally in India Belatedly Joins the Linux-Centric Open Invention Network

But Microsoft carries on with its usual tricks, this time calling them "Azure IP Advantage"... (Microsoft-armed trolls attacking Azure's rivals and non-customers)

Microsoft and trolls



Summary: With the demise of software patents come some interesting new developments, including the decision at Infosys -- historically very close to Microsoft and a proponent of software patents -- to join the Open Invention Network (OIN)

OVER the past month or so we've published 10 articles about Microsoft siccing patent trolls on GNU/Linux [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. It's already happening on the face of it (we have since our last article learned that the Toyota patent deal covers "OS" and "file systems", i.e. Linux), and LG adopts similar tactics that prevent responsibility/reaction by 'proxifying' to trolls (see this old cartoon about it -- one that we've just 'massaged' or flattened to fit our layout above). This is the kind of thing OIN was supposed to protect against, but we have hardly seen any evidence of effective defense (OIN told one such tale about half a decade ago, but nothing since).



"OIN cannot guard against this."The idea that OIN will somehow 'snatch' patents before they reach trolls (even where Microsoft arranges for others' passage, e.g. from Nokia to MOSAID/Conversant) assumes that Microsoft is naïve. See what happened with CPTN. OIN cannot guard against this. OIN is not the solution to the core issue, which is patents on software. OIN stakeholders, in particular the large ones, don't want patents on software to stop. They want GNU/Linux and they want patents on software too; they want the impossible!

Over in India, thanks to vigilant populace and local businesses, software patents have been kept illegal all these years. Infosys, a Microsoft proxy which had a change of heart on software patents (because they're impossible to attain/enforce), joins the Open Invention Network this week [1, 2, 3, 4]. It's rather surprising, but given the nationality of Infosys (Indian), this is not entirely shocking. Their CEO has actually lashed out at software patents -- a move which we very much welcome.

"OIN is not the solution to the core issue, which is patents on software."Over in the United States, there is still some uncertainty over the death of software patents. Companies generally know that courts are hostile towards software patents (the higher the court, the more hostile) and fewer of them -- albeit not all -- dare sue. It's the initiation of a long and expensive process which typically yields nothing after Alice (only court and lawyers' fees).

IAM, an enemy of India [1, 2, 3] and a proponent of software patents (also the mouthpiece of patent trolls, as we last showed yesterday), worries about an impending SCOTUS ruling which would most likely further inhibit patent trolls and software patents in the US. IAM wrote the following yesterday:

As anyone with even a cursory interest in patents could tell you, this means that as things stand a large proportion of patent suits are concentrated in the Eastern District of Texas, which because of its handling of issues such as discovery and early case motions, is perceived to be particularly plaintiff friendly.


Because it is. And it's even advertising itself as such! So much for justice! It's like a disciplinary committee under Battistelli, which evidently continues to be a problem [PDF].

"Over in the United States, there is still some uncertainty over the death of software patents."According to this new article (sheltered behind a paywall, as usual), the USPTO is probably realising that software patents are a thing of the past. To quote the summary:

Recent Federal Circuit decisions, and updated Guidance issued by the USPTO have provided practitioners with a new roadmap to navigate the minefield left in the wake of the "Alice" case.


Alice, as we repeatedly noted last year, is here to stay. There are no signs that Justices will revisit the matter (patentability of software) any time soon. Instead, again behind paywall, Justices now look into other matters. MIP give paying subscribers a glimpse at what happens in Impression v Lexmark (oral arguments). It's a SCOTUS patent case which along with TC Heartland will quite likely further restrict patent scope in the US (a much-needed and overdue reform).

Recent Techrights' Posts

The Linux Foundation (Fronting for Microsoft and Bill Gates, Not Linux) Makes Cyberspace Less Secure
Security is not the goal
[Meme] The Most Important Things When Committing Crimes
pronouns
Materialistic Culture of Fake Possessions and Fake Popularity
Fake popularity is part of a "chicken and egg" thing
 
Links 28/11/2024: Pakistan Turmoil, TuxCare Changes, and More 'Open'AI Problems
Links for the day
Links 28/11/2024: Privacy, DNS, and Python
Links for the day
[Meme] When Social Control Media is Over
Any deathbed regrets?
Death of Human Interaction
How much are future generations being "damaged" by premature introduction of skinnerboxes and, perhaps more importantly, is there any "safe" age?
Dr. Andy Farnell: "Electronic Voting" is a Solution to a Problem That Doesn't Exist
The arguments are similar to ones that we've made for years
Deny the Shopping Holiday, Celebrate the Real Holiday
Buy Nothing Day
The EPO's General Consultative Committee (GCC) Meeting Last Month Sought to Remove Genders (But It's Nearly Impossible in French and German)
there are so many major problems at the EPO; this one seems like a minor distraction and perhaps one that suits corrupt management (misdirection of anger)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 27, 2024
IRC logs for Wednesday, November 27, 2024
Links 27/11/2024: “Writing Month”, "Cybertorture", and Qualcomm Trouble
Links for the day
Gemini Links 27/11/2024: How the Exoteric Relates to the Esoteric, a Look at BASIC
Links for the day
If the Reputation of the European Union for Rule of Law Has Diminished, Blame EPO and the German (Also the Dutch) Government for Facilitating It
We'll soon publish some new EPO material
[Meme] Same Thing, Different Job Title
"Server sysadmin; Clown computing consultant"
Imagine Patents on Musical Compositions and Cooking Recipes
The very existence of software patents must come to an end
"Latest Technology News" in BetaNews is Press Release SPAM (or LLM Slop, Marketing, Fake 'Review')
What they call "reviews" are just ads
[Meme] Kramer is Done
Devuan is turning 10
There Are More Devuan-Based Distros of GNU/Linux Each Year
"The Veteran Unix Admin collective salutes you"
Go Offline for a Bit
yup!
Windows Falls to All-Time Low (12%) in Gabon
Gabon's data from statCounter shows this
[Meme] When Words Come to Mean the Opposite
"Keep the 'dumb' stuff, be smart about it"
In Defence of Analog (Sometimes Digital and/or "Smart" is Objectively a Lot Worse)
This past weekend (2-3 days) I spent a few hours per day saving us 250 - 400 pounds in repair bills
It Takes Microsoft Over a Day to Restore 'Microsoft 365' (360, 5 Days of Downtime)
Microsoft/Windows TCO will always be huge
[Meme] In Some Countries, Android (Linux) is Already 'the Standard'
"Wait. Sorry, we don't do Windows here, we barely use laptops."
In Gambia, According to statCounter, Windows "Market Share" is Down to 3%
in some countries Windows is already down to 1%
In Defence of CDs...
Let's say that some environmentalists focus only on visible things like plastics
This Holiday Season Dump Companies That Offload Everything to Skinnerbox "Apps", Un-Encrypted E-mail, and 'Webapps' (Proprietary JS Applications in 'Web Site' Clothing)
bot disservice
The Web is Becoming Social Control Media Junk and Fake Text Crafted by Machines (Boosted by Social Control Media via Bots Which Game Visibility/Popularity)
The misinformation machines are being increasingly automated to promote dictators and bigots
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 26, 2024
IRC logs for Tuesday, November 26, 2024
When Social Control Media in the European Union is Controlled by BRICS
Who controls TikTok?
Links 27/11/2024: Zoom Waning (Stock Falls), More Microsoft Shutdowns, and European Commission Flags Bluesky for Breaches
Links for the day
Gemini Links 26/11/2024: Disease, Vibrations, and Grief
Links for the day
Links 26/11/2024: Microsoft 360 Users Report Outages, Attacks on Journalists Plentiful Worldwide
Links for the day
Same Month Judge Suggests Selling Chrome (Compelling Google to Give It Away) Chrome Surpasses Two-Thirds of "The Market", Based on Surveyor
tackling Google's browser monoculture is still a priority
[Meme] Trying to Terrorise Critics
How Microsofters roll...
Illegitimi Non Carborundum
If you try to suppress our publication, we'll not just bark back but also bite
Why This Site Became "Simple" a Year Ago
Light is good, heavy is bad
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 25, 2024
IRC logs for Monday, November 25, 2024
Links 26/11/2024: International Microsoft Outages, Microsoft Mass Layoffs Bigger Than Reported Last Friday
Links for the day, Deutsche Welle and CBC focus
Gemini Links 26/11/2024: Not Pagan, Emacs Wiki, and More
Links for the day