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

11.09.18

With Patent Trolls Like Finjan and Blackbird Tech out There, Microsoft in OIN Does Not Mean Safety

Posted in Microsoft, OIN, Patents at 4:39 am by Dr. Roy Schestowitz

LOT and OIN (DPAs) used by Microsoft to promote "Azure IP Advantage"

LOT Network: A WHOLE LOT OF SOFTWARE PATENTS

Summary: With many patent trolls out there (Microsoft’s Intellectual Ventures alone has thousands of them) it’s not at all clear how Microsoft can honestly claim to have reached a “truce”; OIN deals with issues which last manifested/publicly revealed themselves a decade ago (Microsoft suing directly, not by proxy)

PUBLISHED behind paywall yesterday (and then promoted in Twitter) was an article titled “More valuable to offer patent licences through LOT and OIN than do it ourselves, says Microsoft IP chief” (based on a Microsoft-friendly and trolls-funded publisher).

We can imagine the gist of it because we covered it based on the tweets while also expressing concerns about the new Deputy Director of the U.S. Patent and Trademark Office (USPTO). Even Dennis Crouch noted that “[s]he was also GC at Immersion Corp — by that point the company was really just enforcing its patents on haptic feedback game controllers.” By “enforcing” he meant suing. They sue a lot of companies, having already earned themselves a reputation as “patent troll” (some news sites do call them that].

As we explained yesterday, Microsoft still relies on patent trolls to attack companies, enticing them into Microsoft’s “protection racket” in Azure (“Azure IP Advantage” [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21]). OIN members would be defenseless.

OIN has just published this press release about expanding the scope of “protection” (from other OIN members), “bringing the total number of protected packages to 2,873,” it said.

Here are some key parts:

Open Invention Network (OIN), the largest patent non-aggression community in history, with more than 2,750 community members, announced today that it has increased its patent non-aggression coverage through an update to its definition of the Linux System. The expansion is part of Open Invention Network’s program to regularly revise its Linux System coverage to keep pace with innovation.

“Linux and open source software are thriving, and they continue to transform industries,” said Keith Bergelt, CEO of Open Invention Network. “This Linux System expansion enables OIN to keep pace with open source innovation, promoting patent non-aggression in the core. As open source grows, we will continue to protect Linux and adjacent technologies through strategic software package additions to the Linux System.”

The expansion includes 151 new packages, bringing the total number of protected packages to 2,873. “With this update to the Linux System definition, OIN continues with its well-established process of carefully maintaining a balance between stability and innovative core open source technology,” stated Mirko Boehm, OIN’s director for the Linux System definition. “While the majority of the new additions are widely used and found in most devices, the update includes a number of key open source innovations such as Kubernetes, Apache Cassandra and packages for Automotive Grade Linux.” The 5.5 percent growth over the 2017 coverage reflects OIN’s conservative and consensus-driven Linux System update process.

[...]

Funded by Google, IBM, NEC, Philips, Red Hat, Sony, SUSE and Toyota, OIN has more than 2,750 community members and owns more than 1,300 global patents and applications. The OIN patent license and member cross-licenses are available royalty-free to any party that joins the OIN community.

But OIN cannot defend from trolls. It cannot. At best it can discourage Microsoft from passing yet more patents to patent trolls, but those trolls can get patents from other avenues and OIN can, at best, try to outbid them. According to this press release, within a few days the Microsoft-funded patent troll Finjan can decide which Microsoft rival to sue next, having already sued many of them. What good would OIN membership have been? No good, no use.

A Section 101 challenge (invoking 35 U.S.C. § 101, based on Alice/SCOTUS) has meanwhile been noted in relation to a notorious patent troll called Blackbird. It uses software patents for extortion (sometimes Microsoft’s rivals) and the case needs to be escalated to the Federal Circuit (expensive) for invalidation that seems likely. To quote:

In the U.S. District Court for the District of Delaware, Plaintiff (Blackbird) sued Defendant (Niantic) alleging infringement of U.S. Patent No. 9,802,127. Niantic filed the present motion to dismiss the case for failure to state a claim under Rule 12(b)(6), on the basis that the asserted patent claims are invalid under 35 U.S.C. § 101.

The Court followed the two-step approach set forth by Alice to evaluate the section 101 challenge, and ultimately found the claims satisfied step 1 (leaving step 2 unnecessary), and thus, the motion was denied.

The ’127 patent is directed to a video game in which user determined location information (e.g. GPS, Google Maps, an entered address or the like) is acquired, and the determined location information of a physical location is mapped to a video game environment so that the user of the video game experiences objects from the user’s physical location while playing the video game.

The bottom line is, as we’ve explained before (even yesterday), OIN does not do anything to eliminate software patents (it does not oppose these!) and it’s almost pointless when patent trolls, including Microsoft’s own, launch the litigation campaigns. Microsoft has a “clever plan”, but Microsoft staff is not allowed to speak.

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 13/11/2019: Docker Enterprise Bought, WordPress 5.3, Qt 5.12.6 Released

    Links for the day



  2. Rebranding Malware and Spyware as 'Linux' to Dilute the Brand (and the News)

    Signal-to-noise ratio continues to be reduced, as a lot of "Linux" news has nothing to do with GNU/Linux or even with Free software



  3. Understanding Thierry Breton: In the Beginning...

    Career roundup of Thierry Breton, possibly the next EU Commissioner



  4. Startpage Has Been Delisted, But it Ought to be Blacklisted

    Startpage has just warned its fans (I am a former fan) of what Startpage itself covertly became months back



  5. IRC Proceedings: Tuesday, November 12, 2019

    IRC logs for Tuesday, November 12, 2019



  6. Links 12/11/2019: Plasma 5.17.3, More Intel Defects, Bytecode Alliance

    Links for the day



  7. You've Gotta Go When You've Gotta Go

    How most staff of the European Patent Office (EPO) feels these days



  8. Teaser: Thierry Breton and His Disquieting Past

    "The company attracted notoriety and loathing in the UK for its role in assessing disability benefit eligibility."



  9. EPO and EU: People Behind the Faces

    It’s no secret that the EPO breaks the law and European officials have taken no concrete steps to intervene; to make matters worse, potentially new EPO allies may soon be put in charge of the EU Commission



  10. Maintaining the 'Delete Github' page

    "This list really is a starting point, which can hopefully increase awareness about the issue of concern."



  11. Linux Foundation Picking Money

    The dating standards of the Linux Foundation



  12. Microsoft 'Borrows' the Linux Brand

    With help from the likes of the Linux Foundation Microsoft continues to misuse and ‘dilute’ the Linux brand (and registered trademark)



  13. EPO Corruption Compared to Cocaine Scandals in Antwerp

    Days after the Dutch protest discussion is sort of 'uncorked' regarding EPO corruption (published, as usual, in the form of anonymous comments)



  14. SUEPO Showed That the Media Won't Cover EPO Corruption Until Half the Workers March in the Streets

    What ought to have been a central (if not 'the' central) issue of debate in Europe is still being treated as borderline irrelevant or marginal



  15. Meanwhile in California

    News from California is being spun by Microsoft this week, owing to weak journalism that's more like PR than journalism



  16. Privacy-Centric Services and Even Drupal/Acquia Defect to the Camp of Mass Surveillance

    In search of money [pun intended] companies and services that are supposed to respect their customers and users turn out to be doing the opposite; this merits research and public discussions



  17. IRC Proceedings: Monday, November 11, 2019

    IRC logs for Monday, November 11, 2019



  18. Links 12/11/2019: Sparky 2019.11 Special Editions and Twisted 19.10.0 Released

    Links for the day



  19. Microsoft's Abduction of the Voice of Its Opposition Highlights the Urgency of the Movement/Campaign to Delete GitHub

    Microsoft understands that by entrapping FOSS and GNU/Linux inside proprietary software platforms like GitHub and Azure it can utilise the false perception that it somehow speaks on behalf of both (whilst attacking both)



  20. IRC Proceedings: Sunday, November 10, 2019

    IRC logs for Sunday, November 10, 2019



  21. SUEPO Protests Against Management of the European Patent Office Brought Back Discussions About Corruption

    The atmosphere at the second-largest institution in Europe has long been toxic; now it is becoming a lot more visible again and comments highlight the reasons for the cover-up (gross misuse of billions of euros)



  22. Links 11/11/2019: Linux 5.4 RC7, HandBrake 1.3.0 and Analysis of XFCE

    Links for the day



  23. Links 10/11/2019: digiKam 6.4.0, OpenMandriva Lx 4.1 Alpha and OpenZFS Plans

    Links for the day



  24. Video: Dutch Media on EPO Protest

    The new video added by SUEPO on Saturday in order to show Dutch media coverage of last week's protest in The Hague



  25. Politics in the Workplace Are Not Paradoxical and Outside the Workplace They Are Free Speech

    The safest space is one in which no other human (or creature) exists, but in reality we must make compromises and accept that not everyone will agree with us 100% of the time (so we must learn to live with that)



  26. IRC Proceedings: Saturday, November 09, 2019

    IRC logs for Saturday, November 09, 2019



  27. Thick Skin Makes Strong Communities

    Learning to coexist with people who don't agree on everything is a strength and successful societies encourage that (the alternative is blind conformity on all matters)



  28. Training (Proprietary Software) Versus Teaching (Free Software)

    Education necessitates software freedom — a fact that companies like Adobe, Apple and Microsoft try hard to distract from



  29. The Linux Foundation Brought as Keynote Speakers People Vastly Worse Than Those Whom It Now 'Cancels' for Purely Political Reasons

    A lot of people are very upset about the Linux Foundation's alleged 'witch-hunt' and even press coverage has caught up with the outrage; but our position is that it distracts from vastly bigger Linux Foundation scandals



  30. An Open Letter to Richard Stallman

    "It's past the time for the official cornerstones of the Free software movement to return to their full operational capacity, and to take the gear out of neutral."


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