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

05.19.18

Microsoft Attacks the Vulnerable Using Software Patents in Order to Maintain Fear and Give the Perception of Microsoft ‘Safety’

Posted in Corel, Microsoft, Patents at 5:36 am by Dr. Roy Schestowitz

While Microsoft sells ‘protection’ from itself and its patent trolls [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17]

Microsoft and trolls

Summary: The latest patent lawsuits from Microsoft and its patent trolls (which it financially backs); these are aimed at feeble and vulnerable rivals of Microsoft

THE whole ‘new’ Microsoft delusion clearly fails to impress/charm actual GNU/Linux geeks. They aren’t buying any of it (example from today [1, 2]). Microsoft’s patent attacks on GNU/Linux are being brought up as well. Based on US patent office records, in addition to Microsoft boosting sites, the gold rush for patents carries on and Microsoft has been busy attacking rivals using patents. Yes, this is the ‘new’ Microsoft — same as the ‘old’ Microsoft. It’s using patents on GUIs — a subject we shall cover later this weekend in relation to Apple — to go after competitors. A guest post by Sarah Burstein, Associate Professor of Law at the University of Oklahoma College of Law, was published some days ago to remark about the underlying patents:

Microsoft accused Corel of infringing five utility patents and four design patents. The four design patents all claimed designs for particular elements of the Microsoft Office graphical user interface (GUI).

[...]

Corel initially denied infringing these design patents but, early last year, it amended its answer to admit infringement and dismiss most of its defenses, stating that, “to properly develop and prove out those defenses will simply cost more than the damages could rationally be in this case.” By the time of trial, the only remaining issues were damages, whether Corel had pre-suit notice of three of the design patents, and willfulness.

In its Rule 50 motions, Corel argued that Microsoft was not entitled to recover its “total profits” under 35 U.S.C. § 289 because Corel had not applied the patented designs to any articles of manufacture.

We recently wrote quite a few articles about it. It’s almost only one site that has been covering that (Law 360); somehow all the “tech” press doesn’t seem to mind. Last weekend we argued that maybe that just doesn’t fit the “Microsoft loves Linux” narrative they constantly foist if not impose on readers. Notice how, in order to win cases more easily, Microsoft targets relatively poor and weak companies, especially at times of trouble, e.g. TomTom; the last thing Microsoft wants is a lengthy legal battle that sees Microsoft’s patents invalidated.

“…the last thing Microsoft wants is a lengthy legal battle that sees Microsoft’s patents invalidated.”Meanwhile — while Microsoft sues rivals like Corel using lousy patents — the patent trolls of Microsoft also attack Microsoft's rivals, who struggle in court because some software patent survived back in January. In Finjan, Inc. v SonicWall, Inc. (according to Docket Navigator):

The court denied defendant’s motion to dismiss plaintiff’s [Finjan] willful infringement claims for failing to sufficiently allege egregious conduct through defendant’s licensing negotiations.

Remember that Finjan is financially backed by Microsoft and it has gone after pretty much all of Microsoft’s competitors in the security space. Of course it doesn’t go after Microsoft; the same goes for Nokia, whose latest words and actions we shall cover separately later this weekend.

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 22/9/2019: KMyMoney 5.0.7, Lennart's Latest Plan

    Links for the day



  2. Summits of Open Bear Traps: The Open Core Summit and Other 'Open' Events That Actually Attack Software Freedom

    Conferences that call themselves "open" something are sometimes nothing but an attack on openness (not to mention freedom) and promotion of FUD about Free/Open Source software (FOSS); there's an ample set of examples to that effect



  3. Openwashing Report: 'Open Source' Without Any or Most of the Benefits

    The cheapening of the term "Open Source" continues; sooner or later everything out there will be called "open" irrespective of what it really is



  4. Patent Extremism is Not Normal and Not an Innocent Mindset

    Reflection upon the sad state of the European patent system and how media turns a blind eye to it; worldwide, in general, the discussion about patents is being warped by the litigation giants, whose sole goal is to maximise the number of lawsuits/shakedowns (personal gain)



  5. Links 22/9/2019: LLVM 9.0.0 and FreeBSD 12.1 Beta

    Links for the day



  6. Links 21/9/2019: Plasma 5.17 Beta in Kubuntu, Cockpit 203

    Links for the day



  7. IBM Cannot Become a True Friend of Free Software Because of Its Current Patent Policy

    IBM needs to quit bullying people/companies with software patents; that would help towards appeasement of IBM critics and sceptics



  8. When Patent 'Professionals' Sound Like Children Who Learned to Parrot Some Intentionally-Misleading Buzzwords, Myths and Lies

    With buzzwords like "AI" and misleading terms like "IP" the litigation zealots are trying to convince themselves (and the public) that software is a physical thing and a "property" which needs "protecting" from "theft"; it doesn't seem to bother these people that copyright law already covers software<



  9. The European Parliament Needs to Become More Outspoken About EPO Abuses

    There are few encouraging signs in Europe right now because the EPO's disregard for patent law (striving to just grant as many patents as possible) earned it much-needed backlash from the European Parliament



  10. Links 19/9/2019: German Federal Ministry of the Interior Wants FOSS, Top Snaps Named

    Links for the day



  11. Buying the Voices of 'Linux' People to Repeat Microsoft's Talking Points While Removing Our Icons and Leaders (Calling Them Sexist)

    The dirty games leveraged by several companies including Microsoft target charismatic people who are essential for morale and leadership; these tactics aren't particularly novel



  12. When the EPO Sees Itself as Above European Law, Grants Patents in Defiance of the EPC (Its Founding Document) and Violates Staff's Labour Rights/Protections (International Law)

    The absurd state of affairs at the EPO has reached the point where laws at every level are being violated and even judges are being threatened or vainly ignored; the EU is belatedly trying to tackle these issues, which have actually cost its credibility a great deal and threaten the perception of Rule of Law at multiple levels



  13. Links 19/9/2019: Samba 4.11.0 and Kubernetes 1.16

    Links for the day



  14. Update on Koch v EPO: Internal Appeals Committee (IAC) Composition Still Likely Illegal

    An important EPO case, concerning a dismissed staff representative, shows what ILO-AT and the EPO's Internal Appeals Committee boil down to



  15. Links 18/9/2019: Fedora Linux 31 Beta, PCLinuxOS 2019.09 Update

    Links for the day



  16. Links 17/9/2019: CentOS 7.7 and Funtoo Linux 1.4 Released

    Links for the day



  17. EPO is Not European

    Internationalists and patent trolls are those who stand to benefit from the 'globalisation' of low-quality and law-breaking patents such as patents on algorithms, nature and life itself; the EPO isn't equipped to serve its original goals anymore



  18. The EPO's Central Staff Committee and SUEPO (Staff Union) Respond to “Fascist Bills” Supported by EPO President António Campinos

    Raw material pertaining to the latest Campinos "scandal"; what Campinos said, what the Central Staff Committee (CSC) said, and what SUEPO said



  19. Storm Brewing in the European Patent Office After a Hot Summer

    Things aren't rosy in EPOnia (to say the least); in fact, things have been getting a lot worse lately, but the public wouldn't know judging by what media tells the public (almost nothing)



  20. Why I Once Called for Richard Stallman to Step Down

    Guest post from the developer who recently authored "Getting Stallman Wrong Means Getting The 21st Century Wrong"



  21. As Richard Stallman Resigns Let's Consider Why GNU/Linux Without Stallman and Torvalds Would be a Victory to Microsoft

    Stallman has been ejected after a lot of intentionally misleading press coverage; this is a dark day for Software Freedom



  22. Links 16/9/2019: GNU Linux-libre 5.3, GNU World Order 13×38, Vista 10 Breaks Itself Again

    Links for the day



  23. Links 16/9/2019: Qt Quick on Vulkan, Metal, and Direct3D; BlackWeb 1.2 Reviewed

    Links for the day



  24. Richard Stallman's Controversial Views Are Nothing New and They Distract From Bill Gates' Vastly Worse Role

    It's easier to attack Richard Stallman (RMS) using politics (than using his views on software) and media focus on Stallman's personal views on sexuality bears some resemblance to the push against Linus Torvalds, which leans largely on the false perception that he is sexist, rude and intolerant



  25. Links 16/9/2019: Linux 5.3, EasyOS Releases, Media Backlash Against RMS

    Links for the day



  26. Openwashing Report on Open Networking Foundation (ONF): When Open Source Means Collaboration Among Giant Spying Companies

    Massive telecommunications oligopolies (telecoms) are being described as ethical and responsible by means of openwashing; they even have their own front groups for that obscene mischaracterisation and ONF is one of those



  27. 'Open Source' You Cannot Run Without Renting or 'Licensing' Windows From Microsoft

    When so-called ‘open source’ programs strictly require Vista 10 (or similar) to run, how open are they really and does that not redefine the nature of Open Source while betraying everything Free/libre software stands for?



  28. All About Control: Microsoft is Not Open Source But an Open Source Censor/Spy and GitHub/LinkedIn/Skype Are Its Proprietary Censorship/Surveillance Tools

    All the big companies which Microsoft bought in recent years are proprietary software and all of the company’s big products remain proprietary software; all that “Open Source” is to Microsoft is “something to control and censor“



  29. The Sad State of GNU/Linux News Sites

    The ‘media coup’ of corporate giants (that claim to be 'friends') means that history of GNU/Linux is being distorted and lied about; it also explains prevalent lies such as "Microsoft loves Linux" and denial of GNU/Free software



  30. EPO President Along With Bristows, Managing IP and Other Team UPC Boosters Are Lobbying for Software Patents in Clear and Direct Violation of the EPC

    A calm interpretation of the latest wave of lobbying from litigation professionals, i.e. people who profit when there are lots of patent disputes and even expensive lawsuits which may be totally frivolous (for example, based upon fake patents that aren't EPC-compliant)


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