09.17.17

Gemini version available ♊︎

Microsoft is Promoting Software Patents in India in Another Effort to Undermine Free/Open Source Software, Microsoft-Connected Trolls Are Still Suing

Posted in GNU/Linux, Microsoft, Patents at 3:54 pm by Dr. Roy Schestowitz

Watch the men behind the curtain

Microsoft and trolls

Summary: The ongoing patent threat to Free/libre Open Source software (FLOSS) and the role played by Microsoft in at least much of this threat

THE company which claims that it “loves Linux”, Microsoft, unsurprisingly (given its track record on this) attacks GNU/Linux. It is still promoting software patents in India even though the rules are clearly preventing this. It is not allowed.

“…Microsoft, unsurprisingly (given its track record on this) attacks GNU/Linux.”How do we know?

See this report from a few days ago: “GNLU Centre for IPR in collaboration with GNLU-Microsoft chair on IPR and policy research, is organising a panel discussion on ‘Protecting software’s through Patents: Current Challenges and Future Solutions’ on 7th October, 2017 at Gujarat National Law University, Gandhinagar, Gujarat.”

Why would Microsoft organise a discussion on “Protecting software’s [sic] through Patents” in country that does not permit such patents?

“Why would Microsoft organise a discussion on “Protecting software’s [sic] through Patents” in country that does not permit such patents?”The matter of fact is, Microsoft is still an enemy of GNU/Linux, yet certain people choose not to see it.

Where is Microsoft when it comes to OIN? Non-aggression is not something Microsoft can commit to. As Simon Phipps keeps stating, he would not believe Microsoft unless or until it decides to join OIN. But that too would not be sufficient because we already know that Microsoft operates through trolls, too.

OIN made the headlines (again) a few days ago. But it required some digging to find (none of the major Linux news sites picked this).

According to the press release, JD.com Joins the Open Invention Network (OIN) ‘Community’, but OIN is not against software patents and it certainly cannot stop patent trolls, even by its very own admission, making itself susceptible to loopholes. To quote from the press release:

“The retail space is undergoing a significant sea change — perhaps the largest in its history — as consumers worldwide continue to accelerate their purchasing via online retailers. To meet this growing demand, sophisticated e-commerce platforms today are built on Linux and adjacent open source technologies,” said Keith Bergelt, CEO of Open Invention Network. “We greatly appreciate JD.com’s leadership in joining OIN and supporting patent non-aggression.”

OIN is still IBM-led (to some degree) and as we noted in our previous post, IBM lobbies for software patents. To patent aggressors, patent law firms and patent trolls that’s just extra business. Lawyers profit from both sides (plaintiff and defendant). To real companies that champion development/production these lawsuits are nothing but a money drain (lawyers’ gain). To OIN? Well, the greater the fear and uncertainty over patent lawsuits, the more money it will harvest. It just cares about its own relevance, i.e. it benefits from threat.

“Where is Microsoft when it comes to OIN?”Earlier this year we published many articles about Microsoft siccing trolls on its competition while offering ‘protection’ (or indemnification) from these trolls [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. A few days ago we also saw Finjan, a Microsoft-connected patent troll, suing some more companies while attempting to dodge PTAB, which we wrote a lot about earlier today (two articles about PTAB, published earlier today, explain the relation to software patents). Finjan even issued this press release about it to say (about its software patents):

Finjan Holdings, Inc. (NASDAQ: FNJN), a cybersecurity company, and its subsidiary Finjan, Inc. today provide an update on four separate, but related matters including a summary judgment, IPR proceedings, Germany trial and an oral argument against Blue Coat Systems, Inc. (Blue Coat).

[...]

Second, in post-grant proceedings before the United States Patent & Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB), the PTAB denied two additional Blue Coat petitions for Inter Partes Review (IPR), namely, IPR2017- 00996, which challenged the validity of U.S. Patent No. 9,141,786 (the “’786 Patent”) and IPR2017-00997, which challenged the validity of Finjan’s U.S. Patent No. 9,219,755 (the “’755 Patent”), and instituted trial on IPR2017-00995, which challenges the validity of U.S. Patent No. 9,189,621 (the “’621 Patent”). Notwithstanding institution, Finjan remains confident that the ’621 Patent will survive IPR. To-date only 20% of IPRs have been instituted against Finjan’s patents and, more impressively, after institution, 99% of Finjan’s claims remain intact.

Incidentally, a former adviser of Finjan is unhappy to see them turning to what he called “patent blackmail”. He wrote this a few days ago, right after reading our articles about it.

“Earlier this year we published many article’s about Microsoft siccing trolls on its competition while offering ‘protection’ (or indemnification) from these trolls.”Obviously, Microsoft wants to be seen as a friend of Linux, but all of Microsoft’s competitors seem to be sued by Finjan these days. Almost everybody except Microsoft (which used to lend a hand to this troll). Classy.

Incidentally, the USPTO is nowadays distributing its data in Microsoft OOXML format (which Microsoft famously corrupted ISO for). As Patently-O put it some days ago:

Beginning this week, the USPTO has transitioned its Private Pair system to include text versions of its office action rejections as well as notices of allowances (actual XML and DOCX versions). It is a straightforward step to move these documents into a searchable database available for public consumption.

I’ll note here that the XML/DOCX files are quite nice and, although not well tagged, will make it easy for patent attorneys to cut & paste from the OA in their responses or client emails. The system also includes a new mechanism for submitting documents to the PTO.

The bottom line is, Microsoft has long leveraged software patents to undermine the competition. None of that has changed, it just takes a little more effort to track or trace back to the source.

“The bottom line is, Microsoft has long leveraged software patents to undermine the competition.”We began this post by highlighting what Microsoft had just gone in India and Watchtroll too, only four days ago, did something similar, ascribing the term “IP integrity” to “software patents”. To quote:

Open source software can provide significant benefits to an organization—it can decrease product development time, distribute development across a community, and attract developers to your organization—but some organizations shy away due to perceived risks and disadvantages around intellectual property (IP). Too many people fear that once they’ve incorporated open source into their products or open sourced their own code they’ve surrendered control over their most valuable assets, or even worse, left themselves vulnerable to litigation with no defensive weapons to counter the threat.

It doesn’t have to be that way. Utilizing open source doesn’t have to be an either-or decision. It’s possible to simultaneously support an open source program while maintaining an active IP program. A smart organization can avail themselves of the ease of use and constant updating of code that open source provides, they can identify aspects of their software to open source which are of interest to a broader development community or that encourage adoption of their platform, and they can protect those aspects of their software which are unique to their business or provide a competitive advantage through various IP protections.

“As long as Microsoft so stubbornly pursues software patents, as it has done for well over a decade, it cannot be friends with GNU/Linux.”In reality, the Free software community/ies would rightly shun companies/people for bringing software patents. Just watch what is happening to Facebook and React these days (the latest development is, WordPress dumped React over it, as noted in our daily links).

Free software and software patents cannot co-exist. As long as Microsoft so stubbornly pursues software patents, as it has done for well over a decade, it cannot be friends with GNU/Linux.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 22/9/2021: Google 'Upstream First' in Linux and New Maui Report

    Links for the day



  2. Links 22/9/2021: Mesa 21.2.2, GNOME 41 Released

    Links for the day



  3. Socially- or Corporate- or Centrally-Controlled Surveillance, Censorship and Throttling is Not Media

    The 'social control media' situation is getting out of hand; in YouTube, for example, there's a broad revolt against strict editorial control by Google and in Twitter it seems like ordinary users aren't shown so much to people who actually "follow" them



  4. Links 22/9/2021: Panfrost's OpenGL ES 3.1 Conformanc and NovProg 3.2.0

    Links for the day



  5. IRC Proceedings: Tuesday, September 21, 2021

    IRC logs for Tuesday, September 21, 2021



  6. Agents of Monopoly: WIPO is Lobbying for or Reinforcing Microsoft Monopoly by Pushing Its Proprietary Software and Formats

    The World Intellectual Property [sic] Organization — like the EPO (where António Campinos outsourced IT systems to Microsoft) — is choosing the most notorious/corrupt ‘tech’ ‘company’ (cult) instead of open standards and, as the links above show, this is nowadays done inside the United States and outside the United States as well, raising legal questions/ire



  7. Links 21/9/2021: Windowsfx 11, New Chrome, and LF PR Noise

    Links for the day



  8. [Meme] The EPO-EUIPO “Good Brother” Network

    Jobs as bribes at the EPO and EU(IPO) are a lingering problem



  9. Links 21/9/2021: Samba 4.15 and Ubuntu 14.04/16.04 Support for 10 Years

    Links for the day



  10. Richard Stallman's First Public Talk (Delivered in Person) in Years, Now With a Free Format

    Full talk now available. The organisers of the conference have uploaded to YouTube, so we’ve converted everything to a free/libre format (and last night only an excerpt was published here).



  11. [Meme] The Best Quality Propaganda

    The António Campinos-led EPO is still a never-ending propaganda machine; the media isn’t fact-checking or investigating anything, so of course that propaganda goes largely unchallenged and the propagandists (like Joff Wild) profit from it



  12. Preparations for the Next Series and Further Improvements in IPFS and Gemini

    Gemini space (or Geminispace) continues to expand quite rapidly and we're utilising alternatives to the Web in order to improve access to information; at the moment EPO publications are our priority



  13. Links 21/9/2021: Peg-E 1.3.0, CUPS 2.4 Coming Soon

    Links for the day



  14. IRC Proceedings: Monday, September 20, 2021

    IRC logs for Monday, September 20, 2021



  15. Links 20/9/2021: Emmabuntüs Debian Edition 4 1.00, DXVK 1.9.2, and NVIDIA 470.74 Graphics Driver

    Links for the day



  16. Richard Stallman's Talk in Ukraine Two Days Ago (in Person)

    Richard Stallman explains his stance on Invidious (released under the AGPLv3) in his new (in-person) talk



  17. Microsoft and the EPO: A History of Threats and Suppression Against the Free Press

    Bribed and blackmailed media isn't covering EPOnia's corruption anymore; somebody should, but that's not as easy as it may seem on the surface (not even for a distant outsider)



  18. [Meme] The B4 Summit: Baltic Benoît Battistelli in Belarus

    It should not be surprising that when Benoît Battistelli and António Campinos get to 'fix' their own election by the EPO‘s Administrative Council that very same Administrative Council will later rubber-stamp virtually every proposal of theirs, even unlawful proposals



  19. Links 20/9/2021: Telegram Desktop 3.1, Arcan as Operating System Design

    Links for the day



  20. [Meme] Looting Europe and Taking Away From the Office

    The staff of the EPO is being robbed by corrupt officials, who arrogantly assume that they can get away with anything (because they have facilitators all over Europe)



  21. IRC Proceedings: Sunday, September 19, 2021

    IRC logs for Sunday, September 19, 2021



  22. Formally Challenging the EPO and Microsoft for Apparent Efforts to Suppress Reporting With Evidence of Crimes, Including Violations of EPO Data Protection Guidelines

    The largest cross-institutional European den of corruption, the EPO, will be hearing from lawyers and hopefully from public officials too. The criminal behaviour is long overdue for review and the Administrative Council too should be investigated (for repeatedly abetting this behaviour, for personal gain).



  23. Links 20/9/2021: Linux 5.15 RC2 and pgAdmin 4 5.7 Released

    Links for the day



  24. [Meme] Warning - Tree Felling in Progress

    Warming up for our next EPO series



  25. Links 19/9/2021: Sparky 2021.09, Whisker Menu 2.6.0, HarfBuzz 3.0, and gThumb 3.12

    Links for the day



  26. EPO Management is Hiding Under the 'Cloud' While Violating Privacy Laws

    Facing a barrage of scrutiny for outsourcing the EPO's systems to Microsoft, the EPO has just arranged yet another expensive PR stunt, looking to somehow 'normalise' the unacceptable and the likely illegal



  27. Maintenance and Development Updates

    We've been doing a lot of work on the back end (or operations) of Techrights, more so this past month, and we're almost ready to resume the normal publication pace



  28. [Meme] Microsoft Says Its Paying Clients (Like EPO) Don't Violate Privacy Law

    The ever-so-docile EPO will gladly oblige when companies like Microsoft lie about the legality of their industrial espionage operations, masked as “clown” computing (and other buzzwords)



  29. Coming Soon: EPO Series on Lawlessness

    Some time soon we’ll start an important series about the EPO, seeing that the management of the EPO is panicking and trying to put out the fire created by prior ones (more on that shortly)



  30. Links 19/9/2021: Jolla's Sailfish OS 4.2 and FreeBSD Technology Roadmap

    Links for the day


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