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

11.13.17

Microsoft: Sheltering Oneself From Patent Litigation While Passing Patents for Trolls to Attack GNU/Linux

Posted in GNU/Linux, Google, Microsoft, Patents at 12:19 pm by Dr. Roy Schestowitz

Not a novel concept [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12]

Viking shield

Summary: Another closer look at Provenance Asset Holdings and what exactly it is (connection to AST, part of the cartel Microsoft subsidises to shield itself)

THE latest anti-GNU/Linux (or anti-Android) strategy of Microsoft is to pass patents to trolls and tax OEMs that do not stock/ship/bundle Windows. We warned about such a strategy as far back as 11 years ago. When it comes to Nokia, Microsoft has already instructed Nokia to spread its patents, moving these to shells like MOSAID (now known as Conversant). Recently, thousands of Nokia’s patents also landed on the lap of a mysterious new entity known as Provenance Asset Holdings [1, 2].

“…Microsoft has already instructed Nokia to spread its patents, moving these to shells like MOSAID (now known as Conversant).”According to today’s blog post from IAM, there’s a connection to AST (Linda Biel) and Yahoo, another firm that Microsoft effectively hijacked just less than a decade ago. To quote: “AST has appointed former Yahoo! IP executive Ray Strimaitis as vice president, corporate development and global strategy. Although Strimaitis’s role looks like it will be broader, he is effectively replacing Linda Biel who left the defensive aggregator last month and has joined Provenance Asset Holdings, the new platform created by former AST head Dan McCurdy.

“They’re a form of “big boys’ cartel” which provides few companies shelter that small companies do not enjoy.”“Strimaitis will be responsible for recruiting members both in new industry verticals and new geographies. Although AST’s membership includes a range of major tech businesses, such as Google, IBM, Microsoft and Oracle, it remains relatively small when compared with defensive rival RPX and it has not been able to recruit many new members from emerging markets such as China or in the small to medium sized corporate market.”

We wrote about AST and RPX many times before. They’re a form of “big boys’ cartel” which provides few companies shelter that small companies do not enjoy. All in all, it acts just like a pyramid scheme which benefits only those at the very top. And speaking of shelters, The New Yorker is the latest to write about Allergan’s patent “scam” that made the Mohawks too look like scammers. This was published a few hours ago (ahead of next week’s edition) and to quote the writer’s conclusion:

Maneuvers like Shore’s rarely go unchallenged. Last month, a federal judge in Texas ruled that some of Allergan’s Restasis patents were invalid. (The company has said that it will appeal.) The judge also commented that “sovereign immunity should not be treated as a monetizable commodity.” On the same basis, some members of Congress, led by Senator Claire McCaskill, are so annoyed that they’re calling for the abrogation of Native American sovereign immunity in patent-claims cases. This is theoretically possible, because the sovereign immunity of tribes, unlike that of states, isn’t enshrined in the Eleventh Amendment. But Shore points out that such a measure would penalize Native Americans without actually closing the loophole. If Congress limits tribal immunity, he could easily shift the patent portfolios to state universities. Shore says that he’s in talks with several underfunded state-run historically black colleges and universities. As long as there’s money to be made gaming the system, he figures it’s desirable (and good P.R.) for some of that money to go to those who need it most.

Here is another key statement: “Soon, tribal leaders say, they will have a small portfolio of patents, covering other medicines and also computer software and hardware. No tribe members were involved in designing these products.”

“There’s lots of money allocated these days to the “Microsoft loves Linux” PR campaign.”This relates to Microsoft in the sense that it’s passing patents to entities which cannot be sued. They’re classic trolls whose sole purpose is to “monetise” (to use their euphemism) these patents. How can Microsoft get away with all this and still be called a company that “loves Linux”? Even when it’s corrupting officials in Munich in order for them to dump GNU/Linux? Well, there are corruptible journalists everywhere looking for easy cash (the publishers can offer that, Microsoft pays for ads). There’s lots of money allocated these days to the “Microsoft loves Linux” PR campaign.

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. Links 19/12/2018: VirtualBox 6.0, RawTherapee 5.5, Mir 1.1.0, LibreOffice 6.1.4 Released

    Links for the day



  2. Links 16/12/2018: DXVK 0.94, WordPress 5.0.1, Fuchsia SDK

    Links for the day



  3. Immunity of the European Patent Office Has Helped Shield Dangerous Thugs From Justice

    The Topić case is set to resume in Croatia as Topić runs out of diplomatic immunity he long enjoyed (and exploited) at the European Patent Office



  4. Patent Law Firms' War on Facts and Constant Lying About Unitary Patent

    The Unitary Patent or Unified Patent Court (UPC) has failed; this, however, is no excuse for constantly lying and it's a problem more people ought to speak about because it stigmatises lawyers as self-serving liars, not a legitimate source of honest legal advice



  5. EPO Chief Economist Yann Ménière Keynote Speaker at Patent Trolls-Funded Event Set Up by the Patent Trolls' Lobby

    The EPO continues to align itself not only with the interests of patent trolls (even those from another continent) but also with the trolls themselves, causing great embarrassment and confusion over the goals/motivations of the Office



  6. The European Patent Organisation (EPO) Loses Legitimacy If (or When) Christoph Ernst Becomes Subservient to António Campinos

    The structural deficiencies of the EPO, where separation of powers does not quite exist, is further pronounced by the imminent role of Christoph Ernst, who gets 'demoted' from pseudo-boss of Campinos to a mere assistant of his



  7. Links 15/12/2018: Cockpit 184, Vivaldi 2.2, Krita 4.1.7 Released

    Links for the day



  8. Links 13/12/2018: IRS Migration, GNOME 3.31.3 Released

    Links for the day



  9. Patent Trial and Appeal Board (PTAB) Decisions Still Uncontroversial Unless One Asks the Patent Maximalists

    Contrary to what the Director of the U.S. Patent and Trademark Office has claimed, PTAB is liked by companies that actually create things and opposition to PTAB comes from power brokers of the Koch brothers, law firms, and trolls (including those who foolishly repeat them)



  10. Latest Talk From IBM’s Manny Schecter Shows That IBM Hasn't Changed and After the Red Hat Takeover It'll Continue to Promote Software Patents

    IBM's hardheaded attitude and patent aggression unaffected by its strategic acquisition of a company that at least claimed to oppose software patents (whilst at the same time pursuing them)



  11. The European Patent Troll Wants as Much Litigation as Possible

    Patent quality is a concept no longer recognisable at the European Patent Office; all that the management understands is speed and PACE, which it conflates with quality in order to register as much cash as possible before the whole thing comes crashing down (bubbles always implode at the end)



  12. António Campinos Turns His 'Boss' Into His Lapdog, Just Like Battistelli and Kongstad

    The European Patent Organisation expects us to believe that Josef Kratochvíl will keep the Office honest while his predecessor, the German who failed to do anything about Battistelli's abuses, becomes officially subservient to António Campinos



  13. Links 12/12/2018: Mesa 18.3.1 Released, CNCF Takes Control of etcd

    Links for the day



  14. EPO Trust, Leadership and Commitment

    "Trust, leadership and commitment" is the latest publication from EPO insiders, who in the absence of free speech and freedom of association for the union/representation are an essential spotlight on EPO abuses



  15. Links 11/12/2018: Tails 3.11, New Firefox, FreeBSD 12.0

    Links for the day



  16. Number of Filings at the Patent Trial and Appeal Board (PTAB) Highest in Almost Two Years

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), which [cref 113718 typically invalidate software patents by citing 35 U.S.C. § 101], are withstanding negative rhetoric and hostility from Iancu



  17. With 'Brexit' in a Lot of Headlines Team UPC Takes the Unitary Patent Lies up a Notch

    Misinformation continues to run like water; people are expected to believe that the UPC, an inherently EU-centric construct, can magically come to fruition in the UK (or in Europe as a whole)



  18. The EPO Not Only Abandoned the EPC But Also the Biotech Directive

    Last week's decision (T1063/18, EPO Technical Board of Appeal 3.3.04) shows that there's still a long way to go before the Office and the Organisation as a whole fulfil their obligation to those who birthed the Organisation in the first placeLast week's decision (T1063/18, EPO Technical Board of Appeal 3.3.04) shows that there's still a long way to go before the Office and the Organisation as a whole fulfil their obligation to those who birthed the Organisation in the first place



  19. Patents on Abstract Things and on Life (or Patents Which Threaten Lives) Merely Threaten the Very Legitimacy of Patent Offices, Including EPO

    Patent Hubris and maximalism pose a threat or a major risk to the very system that they claim to be championing; by reducing the barrier to entry (i.e. introducing low-quality or socially detrimental patents) they merely embolden ardent critics who demand patent systems as a whole be abolished; the EPO is nowadays a leading example of it



  20. Links 10/12/2018: Linux 4.20 RC6 and Git 2.20

    Links for the day



  21. US Courts Make the United States' Patent System Sane Again

    35 U.S.C. § 101 (Section 101), the Patent Trial and Appeal Board (PTAB) and other factors are making the patent system in the US a lot more sane



  22. Today's USPTO Grants a Lot of Fake Patents, Software Patents That Courts Would Invalidate

    The 35 U.S.C. § 101 effect is very much real; patents on abstract/nonphysical ideas get invalidated en masse (in courts/PTAB) and Director Andrei Iancu refuses to pay attention as if he's above the law and court rulings don't apply to him



  23. A Month After Microsoft Claimed Patent 'Truce' Its Patent Trolls Keep Attacking Microsoft's Rivals

    Microsoft's legal department relies on its vultures (to whom it passes money and patents) to sue its rivals; but other than that, Microsoft is a wonderful company!



  24. Good News: US Supreme Court Rejects Efforts to Revisit Alice, Most Software Patents to Remain Worthless

    35 U.S.C. § 101 will likely remain in tact for a long time to come; courts have come to grips with the status quo, as even the Federal Circuit approves the large majority of invalidations by the Patent Trial and Appeal Board’s (PTAB) panels, initiated by inter partes reviews (IPRs)



  25. Florian Müller's Article About SEPs and the EPO

    Report from the court in Munich, where the EPO is based



  26. EPO Vice-President Željko Topić in New Article About Corruption in Croatia

    The Croatian newspaper 7Dnevno has an outline of what Željko Topić has done in Croatia and in the EPO in Munich; it argues that this seriously erodes Croatia's national brand/identity



  27. The Quality of European Patents Continues to Deteriorate Under António Campinos and Software Patents Are Advocated Every Day

    The EPC in the European Patent Office and 35 U.S.C. § 101 in the USPTO annul most if not all software patents; under António Campinos, however, software patents are being granted in Europe and the USPTO exploits similar tricks



  28. Team UPC is Still Spreading False Rumours in an Effort to Trick Politicians and Pressure Judges

    Abuses at the European Patent Office, political turmoil and an obvious legislative coup by a self-serving occupation that produces nothing have already doomed the Unitary Patent or Unified Patent Court (UPC); so now we deal with complete fabrications from Team UPC as they're struggling to make something out of nothing, anonymously smearing opposition to the UPC and anonymously making stuff up



  29. Patents on Life and Patents That Kill the Poor Would Only Delegitimise the European Patent Office

    After Mayo, Myriad and other SCOTUS cases (the basis of 35 U.S.C. § 101) the U.S. Patent and Trademark Office is reluctant to grant patents on life; the European Patent Office (EPO), however, goes in the opposite direction, even in defiance of the European Patent Convention



  30. EPO 'Untapped Potential'

    "Campinos is diligently looking for ways to further increase the Office’s output without increasing the number of examiners," says the EPO-FLIER team


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