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

10.08.17

Microsoft Lobbying, the EPO, and Software Patents Disguised as ‘Internet of Things’

Posted in Europe, Microsoft, Patents, RAND, Standard at 6:03 pm by Dr. Roy Schestowitz

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway” —Marshall Phelps (Microsoft at the time)

ITU Microsoft

Summary: The European Patent Office (EPO) continues to act like a vassal of patent aggressors, Microsoft carries on pretending that it’s no longer attacking Free software, and evidence shows that patent policy is being perturbed by lobbyists connected to Microsoft

TECHRIGHTS published many thousands of articles about Microsoft, particularly regarding the company’s use (or misuse) of patents. It’s no secret that Microsoft front groups and other nefarious lobbies want to make Free/Open Source software more difficult (if not impossible) in Europe. Microsoft lobbies if not bribes for the removal of GNU/Linux not just from Munich but also anywhere else around Germany and Europe as a whole. We wrote many articles about it over the years. We gave many concrete examples. We also published some secret E-mails to that effect. The evidence is there, but corporate media is rarely interested in such stories; there’s a PR campaign going on now. It’s more profitable. Nasty spin is what brings income. Malicious companies that elevated themselves to dominance/monopoly by dirty tricks and sometimes crime don’t just change overnight; they might simply hire more lobbyists (for better connections) and deploy better marketing. “Microsoft loves Linux” is one of the latest incredible lies*.

“Malicious companies that elevated themselves to dominance/monopoly by dirty tricks and sometimes crime don’t just change overnight; they might simply hire more lobbyists (for better connections) and deploy better marketing.”Recently we saw further evidence that Apache had been compromised. Microsoft paid the ASF too much and even put its own ‘moles’ (or full-time staff) in leadership positions at the ASF. And let’s not even mention the LF and OSI. That may be a subject for another day. Notice how Microsoft never joined OIN and never promised not to sue/threaten with patents (the same promise needs to be made for Microsoft-connected patent trolls). In 2017, unfortunately, Microsoft continues to operate like the Mafia; it pays those who may otherwise speak out (or simply ‘eliminates’ them) while patent blackmail goes on covertly.

The other day we found out that the BSA-connected firm of Bill Gates’ father, a firm which is also connected to Microsoft lobbyists, is targeting the EPO now. As a reminder, many employees of the Business Software Alliance (BSA) moved back and forth (from and to this firm). We wrote a lot about that around 2007. This article came out a few days ago:

K&L Gates has launched a European Patent Office (EPO) practice.

The new practice, combined with K&L Gates’ network of intellectual procurement, portfolio management, and litigation lawyers and patent attorneys makes it the only fully integrated global law firm with full-service patent capabilities in the US, Australia, and Europe, it claims.

“Some time back, we embarked on the mission of bolstering our global patent prosecution capabilities to include an EPO practice in order to better provide our clients with a truly global IP solution,” said Robert M. Barrett, a partner at the firm’s Chicago office.

Remember that a lot of the staff is connected to the BSA, which we’ll come to in a moment.

As we have been pointing out for a number of months, the “IoT” buzzword is nowadays being used as a loophole for software patents. Another such word is “AI”, which only yesterday Watchtroll tried to frame as patentable (in spite of Alice). A few days ago we saw a new press release that said “AI Technology Patents” in the headline. “AI” is just a codeword for software patents which are neither allowed nor enforceable in the US anymore. “Procurement Software Company Xeeva Announces Receipt of Multiple AI Technology Patents,” it said, but these are simply software patents ‘dressed up’ as something scientific or smart. As we shall show in a moment, Microsoft uses such buzzwords more and more.

“What we basically have here are patent radicals plotting to put software patents right inside standards using the “IoT” buzzword.”As for the EPO, internal documents exposed that it had offered Microsoft an inherently-discriminatory fast lane. And yet, the "SMEs" lies continue to be trotted out. Here’s one from Friday, followed by retweeting of others who do the same. This is all based on a big lie from the EPO — the pure nonsense which is EPO working for SMEs rather than to their impediment/detriment. See “Using intellectual property to help large multinationals harness their innovative edge” — that’s the headline and tone of an article published by IAM some days ago. We’re expected to believe that anyone other than these “large multinationals” (or patent trolls) would benefit. But nothing could be further from the truth.

Now comes the interesting part. Last month we wrote quite a bit about IP Europe and the EPO. Days ago someone told us about “European Standardization” with “Francisco MINGORANCE (IP Europe)” in it. It’s about so-called ‘IoT’ and there’s a “Kick-off meeting CEN-CENELEC/WS IoT SEP licensing” (“SEP licensing” is standard-essential patent tax).

So the lobbyists are once again killing everything that is sane!

Mingorance isn’t new to us. We wrote about him when he worked for the BSA and more recently in relation to the UPC and EPO [1, 2]. They’re all pretty close.

What we basically have here are patent radicals plotting to put software patents right inside standards using the “IoT” buzzword. They link to a patent maximalists’ site and tweet: “#Standards bodies, global tech developers & users to create a European Vision for #SEP licensing for #IoT and #5G”

“Sites like Groklaw and Techrights sort of gave up on ASF ages ago, for various different reasons, even well before their chief was a Microsoft employee.”As the President of the FFII interpreted it, “5G and IOT standards to be dominated by trolls, making free software impossible [] Today swpat [software patents] lobbyists meetup to exclude free software from 5G and IOT https://is.gd/eaT8xS”

Incidentally, only days ago IAM published this article titled “Monetising patented wireless technologies”, composed by Marc Pépin from TechPats, Ottawa, Canada. About a week ago we also heard from inside sources about a war on Free software in wireless technology. They’re understandably concerned when software patent are being painted “IoT” or G*” to impose a tax on everything, rendering Free software unsuitable for purpose.

It was pointed out to us that Apache played a role in it, too. Sites like Groklaw and Techrights sort of gave up on ASF ages ago, for various different reasons, even well before their chief was a Microsoft employee. As it turns out, Jim Jagielski became part of the problem and he recently sent a shout-out to Sam Ramji and congratulated Microsoft. It would not be a big deal if he hadn’t also been “very big” on Inner Source, and gave 3 talks at this secret event, InnerSource Commons Fall Summit 2017.

“As a reminder, Microsoft is still lobbying quietly (more quietly than IBM) against Alice. Microsoft wants to leverage software patents against everyone.”Then there’s this event, Second Joint ITU-NGMN Alliance Workshop on Open Source and Standards for 5G. Hosted by Microsoft! This is what entryism looks like. This is the second workshop and the first one was hosted by Qualcomm.

“Software patents are the key issue there,” we got told, and “the mobile industry wants to define FOSS as “access to the code” and normalise separate patent agreements, and wants regulators to endorse that position.”

As a reminder, Microsoft is still lobbying quietly (more quietly than IBM) against Alice. Microsoft wants to leverage software patents against everyone.
_____
* The PR campaign is so strong and so broad that one gets nothing but scorn (like “tinfoil hat”) for being sane and rational about what Microsoft is truly up to.

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. The Quality of Patents is Connected to the Quality of Life of Patent Examiners

    EPO staff is not happy (a new President has not changed things) and the problems associated with low quality of patents become more visible in courtrooms



  2. American Patent Courts Keep Narrowing Patent Scope, No Matter What Few Politicians Are Doing on Behalf of Litigation Firms and Patent Trolls

    Acts of desperation in the patent microcosm of the United States, where judges now overwhelmingly reject software patents at all levels (tribunals, lower courts, higher courts)



  3. Links 25/4/2019: Rancher Labs Releases Slim OS, OpenBSD 6.5 is Ready

    Links for the day



  4. Links 24/4/2019: Chrome 74, QEMU 4.0 Released

    Links for the day



  5. Supreme Court of the UK, Which Habitually Throws Out European Patents, May Overturn Troublesome Unwired Planet v Huawei Decision

    A lot of European Patents are facing growing scrutiny from courts (Team UPC, including Bristows, publicly complains about it this month) and "greenwashing" of the Office won't be enough to paint/frame these patents as "ethical"



  6. German Federal Patent Court Curbs the Patent Maximalism of the EPO, Which Promotes Patents on Nature and/or Maths Every Single Day

    European courts are restraining the EPO, which has been trying to bypass or replace such courts (with the UPC); it certainly seems as though European Patents rapidly lose their legitimacy or much-needed presumption of validity



  7. Any 'Linux' Foundation Needs to Be Managed by Geeks, Not Politicians and PR People

    Linux bureaucracy has put profits way ahead of technical merits and this poses a growing threat or constitutes risk to the direction of the project, not to mention its ownership



  8. Links 23/4/2019: Kodi 'Leia' 18.2 and DeX Everywhere

    Links for the day



  9. Code of Coercion

    Entryism is visible for all to see, but pointing it out is becoming a risky gambit because of the "be nice!" (or "be polite!") crowd, which shields the perpetrators of a slow and gradual corporate takeover



  10. António Campinos Would Not Refer to the EPO's Enlarged Board of Appeal If He Did Not Control the Outcomes

    António Campinos and his ilk aren’t interested in patent quality because his former ‘boss’, who publicly denied there were issues and vainly rejected patent quality concerns as illegitimate, is now controlled by him (reversal of roles) and many new appointees at the top are "yes men" (or women) of Campinos, former colleagues whom he bossed at EUIPO (as expected)



  11. Links 22/4/2019: Linux 5.1 RC6, New Release of Netrunner and End of Scientific Linux

    Links for the day



  12. USPTO and EPO Both Slammed for Abandoning Patent Quality and Violating the Law/Caselaw in Order to Grant Illegitimate Patents on Life/Nature and Mathematics

    Mr. Iancu, the ‘American Battistelli’ (appointed owing to nepotism), mirrors the ‘Battistelli operandi’, which boils down to treating judges like they’re stooges and justices like an ignorable nuisance — all this in the name of litigation profits, which necessitate constant wars over illegitimate patents (it is expensive to prove their illegitimacy)



  13. IRC Proceedings: January 27th, 2019 – March 24th, 2019

    Many IRC logs



  14. IRC Proceedings: December 2nd, 2018 – January 26th, 2019

    Many IRC logs



  15. Links 21/4/2019: SuperTuxKart's 1.0 Release, Sam Hartman Is Debian’s Newest Project Leader (DPL)

    Links for the day



  16. The EPO's Use of Phrases Like “High-Quality Patent Services” Means They Know High-Quality European Patents Are 'Bygones'

    The EPO does a really poor job hiding the fact that its last remaining objective is to grant as many European Patents as possible (and as fast as possible), conveniently conflating quality with pace



  17. A Reader's Suggestion: Directions for Techrights

    Guest post by figosdev



  18. Links 20/4/2019: Weblate 3.6 and Pop!_OS 19.04

    Links for the day



  19. The Likes of Chartered Institute of Patent Attorneys (CIPA), Team Campinos and Team UPC Don't Represent Europe But Hurt Europe

    The abject disinterest in patent quality and patent validity (as judged by courts) threatens Europe but not to the detriment of those who are in the 'business' of suing and printing lots of worthless patents



  20. The Linux Foundation Needs to Change Course Before GNU/Linux (as a Free Operating System) is Dead

    The issues associated with the Linux Foundation are not entirely new; but Linux now incorporates so many restrictions and contains so many binary blobs that one begins to wonder what "Linux" even means



  21. Largest Patent Offices Try to Leave Courts in a State of Disarray to Enable the Granting of Fake Patents in the US and Europe

    Like a monarchy that effectively runs all branches of government the management of the EPO is trying to work around the judiciary; the same is increasingly happening (or at least attempted) in the United States



  22. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  23. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  24. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  25. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  26. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  27. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line



  28. The US Supreme Court (SCOTUS) Once Again Pours Cold Water on Patent Maximalists

    Any hopes of a rebound or turnaround have just been shattered because a bizarre attack on the appeal process (misusing tribal immunity) fell on deaf ears and software patents definitely don't interest the highest court, which already deemed them invalid half a decade ago



  29. Links 17/4/2019: Qt 5.12.3 Released, Ola Bini Arrested (Political Stunts)

    Links for the day



  30. Links 16/4/2019: CentOS Turns 15, Qt Creator 4.9.0 Released

    Links for the day


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