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

11.10.17

More Microsoft AstroTurfing by Association for Competitive Technology (ACT) and Mingorance

Posted in Europe, Microsoft, Patents at 6:49 am by Dr. Roy Schestowitz

ACT Microsoft

Summary: ACT, now led by Morgan Reed rather than Zuck, is still meddling in European policy (software patents agenda) and other familar front groups appear at the scene in an effort to influence DG Competition

THE topic we used to cover here quite a lot (well before EPO scandals) is FRAND and SEP. Those two things are interconnected.

Generally speaking, in standards there should be no opportunities for patents entrapment, especially not software patents. It’s widely known why; the principal reason is competition.

“Generally speaking, in standards there should be no opportunities for patents entrapment, especially not software patents.”Bristows, the proponents of UPC, patent trolls, and software patents, have just given a leg-up to Microsoft lobbyists such as Mingorance (BSA, IP Europe) and Association for Competitive Technology (ACT). We wrote about what Microsoft was trying to achieve in Europe about a month ago. To quote Bristows (‘borrowing’ IP Kat as a platform for SEP advocacy): “There is little surprise as to what is informing the positions of either side. The question is which position will find favor with the European Commission , especially those in the powerful DG Competition, which has traditionally been pretty “cold” towards those who reside on the other side of the Atlantic. Or, perhaps, with such polar views on the appropriate way forward Mingorance’s suggestion of “no communication” may not be such a bad idea, at least for now….”

They know that a decisions is to be made soon, so they are trying to influence the outcome in favour of the litigation giants. Some background:

Over the past several months, positions of some companies and organizations have become increasingly entrenched with a battle forming between “use-based licensing” and “licence to all”. Two organizations – ACT and IP Europe – on opposite sides of the debate have been battling it out via blogs and press releases. IP Europe’s corporate membership includes Ericsson, Nokia, InterDigital and Qualcomm. ACT draws support from companies like Apple, Intel, eBay and Facebook.

That’s an odd description of ACT, which is primarily a Microsoft lobby. They don’t even mention Microsoft and perhaps that’s deliberate.

“Joff Wild just hands over the platform to ACT.”The editor of IAM too has just meddled. IAM now acts as a megaphone for Microsoft’s longtime (decades) AstroTurfing group ACT, which is again trying to change Europe’s patent policy in favour of Microsoft. Joff Wild just hands over the platform to ACT. To quote (notice how they list Microsoft last):

“I am hopeful that use based licensing will not be in the Communication and that license for all will be in there,” said Morgan Reed, executive director of ACT The App Association, whose sponsors include Apple, AT&T, eBay, Facebook, Intel and Microsoft. Reed was speaking just days after IP Europe – another industry grouping backed by companies including Ericsson, Nokia and Orange – warned that such an outcome would pose a significant risk to SEP licensors and have an adverse impact on the roll-out of 5G and Internet of Things technology.

Echoing a recent blog posting on the ACT website, Reed rejected IP Europe’s assertion and questioned the notion that license for all would be the major departure that is claimed. “It seems that we are using the same words, but assigning different meanings to them. Each side sees the world differently. Where you stand depends on where you sit,” he stated.

Debates about this are imminent and we shall watch them closely.

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. Arguing With Patent Maximalists is Not Arguing With People Who Care for Facts and Reason

    The levels of unprecedented drama, or the attempts to induce panic, have reached laughable levels; just because the United States adopts saner patent policies does not mean doom and gloom, except for people who work for the patent 'industry'



  2. Changes Introduced by the EPO's Administrative Council Made It Abundantly Clear That Separation of Powers Does Not Exist for Independence of Judges

    IP Kat (i.e. Bristows in this case) wants us to think that the EPO keeps the Boards of Appeal alive and healthy, but in reality that's just an illusion which Team UPC is attempting to prop up, knowing that Battistelli's attack on the Boards of Appeal dooms the UPC



  3. Patents in the US Are Not Hard to Enforce, Software Patents Are

    Depending too much on abstract software patents is a losing strategy; it does not, however, mean that patents in general are not enforceable



  4. Links 24/2/2018: Npm Bug, Mycroft AI on Plasma

    Links for the day



  5. Unified Patents, With Help From PTAB, Succeeds at Disarming Patent Trolls; InterDigital and RPX See a Massive Decline in Income

    Positive news about the rapid demise of small patent trolls, large (even publicly-traded) trolls, and entities like RPX which profit from troll activity



  6. Chinese Firms Dominate the Chinese Mobile Market Where Patents Are Used for Nationalist Protectionism

    China's patent offensive, which is far from a charm offensive, may mean that foreign companies won't survive in the Chinese market, which is itself dominated by companies that are closely connected to the Chinese Communist Party, also known as the Communist Party of China (CPC)



  7. Not Just EPO: USPTO Too Will See Patent Filings Declining

    The retreat from patent maximalism, as well as the lowered perceived value of patents, may mean that fewer people/companies now pursue patents or bother with litigation (they work on technology instead)



  8. Automated Tracking Solutions, Aatrix and Berkheimer Don't Change Anything; They're Exploited by Patent Extremists to Pressure/Mislead/Insult Judges

    The intentional lies, in addition to insults directed at judges who push back against patent maximalism, represent a new low for the US patent 'industry'; like a pack of wild hyenas they just gang up against those who do the rational thing and what makes economic sense for their country



  9. The Unified Patent Court (UPC) is Dead, But Spin From Team UPC is Now Abundant

    As we predicted, Team UPC is now denying the very facts about a German court agreeing to hear a major UPC complaint, exploiting blogs with a larger audience to spread falsehoods



  10. EPO Roundup: Low Profile, Employment Changes, Patent Trolls, Refusal to Obey Courts, and Animal Breeding Patents

    A few recent developments and observations regarding the European Patent Office (EPO), which is in a volatile state and is making no public statement about the future of staff ('canteen talk' now revolves around alleged deep cuts to staffing)



  11. Links 22/2/2018: Qt Roadmap for 2018, Calculate Linux 17.12.2

    Links for the day



  12. As Expected, Bristows and Others Already Lying About UPC Status in Germany, But Doing This Anonymously (to Dodge Accountability for Lies)

    In their characteristic fashion, firms that created the UPC for their self-enrichment purposes, along with publishers/writers who deem it their role to promote the UPC and set up lobbying events for the UPC, look for ways to downplay if not intentionally distort what happened in Germany yesterday



  13. Further Attacks on EPO Staff and the Appeal Boards; Former EPO Boards of Appeal Member Speaks About EPO Scandals

    In the process of devaluing EPO workers and perhaps preparing them for a large round of layoffs information is also revealed about further repressions against the independence of the Boards of Appeal



  14. End of the UPC Lobby and Withdrawal of UPCA May Seem Imminent

    The Unitary Patent fantasy (of mass litigation firms) is coming to an end; in fact, the German government and courts (Bundesverfassungsgericht to be specific) now deem the complaint to be admissible and thus likely legitimate in spite of many attempts to shoot it down



  15. EPO's Board 28 Spikes Article 53 in CA/3/18, Apparently After Battistelli Withdrew It

    The latest plot twist, as odd as that may seem, is that the attack on the rights of thousands of workers (many of whom are rumoured to be on their way out) is curtailed somewhat, at least for the time being



  16. Links 21/2/2018: Apper 1.0, New Fedora ISOs

    Links for the day



  17. Rumour: European Patent Office to Lay Off a Significant Proportion of Its Workforce

    While the Administrative Council of the EPO praises Battistelli for his financial accomplishments (as laughable as it may seem) a lot of families stuck in a foreign country may soon see their breadwinner unemployed, according to rumours



  18. The Patent Trolls' Lobby, Bristows and IAM Among Others, Downplays Darts-IP/IP2Innovate Report About Rising If Not Soaring Troll Activity in Europe

    Exactly like last year, as soon as IP2Innovate opens its mouth Bristows and IAM go into "attack dog" mode and promote the UPC, deny the existence or seriousness of patent trolls, and promote their nefarious, trolls-funded agenda



  19. Links 20/2/2018: Mesa 17.3.5, Qt 5.11 Alpha, Absolute 15.0 Beta 4, Sailfish OS 2.1.4 E.A., SuiteCRM 7.10

    Links for the day



  20. Replacing Patent Sharks/Trolls and the Patent Mafia With 'Icons' Like Thomas Edison

    The popular perceptions of patents and the sobering reality of what patents (more so nowadays) mean to actual inventors who aren't associated with global behemoths such as IBM or Siemens



  21. The Patent Trolls' Lobby is Distorting the Record of CAFC on PTAB

    The Court of Appeals for the Federal Circuit (CAFC), which deals with appeals from PTAB, has been issuing many decisions in favour of § 101, but those aren't being talked about or emphasised by the patent 'industry'



  22. Japan Demonstrates Sanity on SEP Policy While US Patent Policy is Influenced by Lobbyists

    Japan's commendable response to a classic pattern of patent misuse; US patent policy is still being subjected to never-ending intervention and there is now a lobbyist in charge of antitrust matters and a lawyer in charge of the US patent office (both Trump appointees)



  23. The Patent Microcosm's Embrace of Buzzwords and False Marketing Strives to Make Patent Examiners Redundant and Patent Quality Extremely Low

    Patent maximalists, who are profiting from abundance of low-quality patents (and frivolous lawsuits/legal threats these can entail), are riding the hype wave and participating in the rush to put patent systems at the hands of machines



  24. Today, at 12:30 CET, Bavarian State Parliament Will Speak About EPO Abuses (Updated)

    The politicians of Bavaria are prepared to wrestle with some serious questions about the illegality of the EPO's actions and what that may mean to constitutional aspects of German law



  25. Another Loud Warning From EPO Workers About the Decline of Patent Quality

    Yet more patent quality warnings are being issued by EPO insiders (examiners) who are seeing their senior colleagues vanishing and wonder what will be left of their employer



  26. Links 19/2/2018: Linux 4.16 RC2, Nintendo Switch Now Full-fledged GNU/Linux

    Links for the day



  27. PTAB Continues to Invalidate a Lot of Software Patents and to Stop Patent Examiners From Issuing Them

    Erasure of software patents by the Patent Trial and Appeal Board (PTAB) carries on unabated in spite of attempts to cause controversy and disdain towards PTAB



  28. The Patent 'Industry' Likes to Mention Berkheimer and Aatrix to Give the Mere Impression of Section 101/Alice Weakness

    Contrary to what patent maximalists keep saying about Berkheimer and Aatrix (two decisions of the Federal Circuit from earlier this month, both dealing with Alice-type challenges), neither actually changed anything in any substantial way



  29. Makan Delrahim is Wrong; Patents Are a Major Antitrust Problem, Sometimes Disguised Using Trolls Somewhere Like the Eastern District of Texas

    Debates and open disagreements over the stance of the lobbyist who is the current United States Assistant Attorney General for the Antitrust Division



  30. Patent Trolls Watch: Microsoft-Connected Intellectual Ventures, Finjan, and Rumour of Technicolor-InterDigital Buyout

    Connections between various patent trolls and some patent troll statistics which have been circulated lately


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