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

02.01.19

Stupid Acquisition of the Month (or Year): Red Hat Selling Itself to the World’s Biggest Lobbying Power for Software Patents

Posted in EFF, GNU/Linux, IBM, Patents, Red Hat, Servers at 3:36 am by Dr. Roy Schestowitz

Recent: 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

Manny Schecter
Photo credit: Esteban Minero

Summary: “Stupid Patent of the Month” is an abstract patent of IBM, a company that is about to take all of Red Hat’s patents while it’s actively bullying lots of companies using software patents and also selling software patents to notorious patent trolls

WHEN the announcement/proclamation of the prospective acquisition of Red Hat was first announced we were cautiously optimistic (it soon turned out that Red Hat had considered selling itself to Microsoft). We were hopeful that IBM would change course, but seeing the latest Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) and patent lawsuits in district courts and the Federal Circuit it seems clear that IBM continues gaming the U.S. Patent and Trademark Office (USPTO), lobbying politicians for software patents and so on. They even recruited the former Director of the Office as a lobbyist (David Kappos). We’re going to have to become more vocal given IBM’s continued lobbying for software patents and ongoing bullying with patents on algorithms, even against small entities like online shops/retailers (as the latest IPRs reveal). They’re extorting legitimate businesses using likely illegitmate patents, knowing the cost of invalidating these patents may be too great for these businesses (they might choose to settle, instead). What is going on at the top (management) of IBM? It’s like they don’t give a damn whether Red Hat is becoming a part of them. What is Red Hat’s reaction? So far silence. I asked a few prominent employees, who prefer not to comment (maybe fear of losing their job). I know some people from Red Hat who follow me online; not even one tried to comment/explain/excuse IBM’s behaviour when it comes to this. It’s all silence.

“IBM’s patent policy is extremely incompatible with Red Hat’s.”IBM has been lobbying for abstract patents even in Europe, where software patents aren’t generally allowed (European Patent Office (EPO) President António Campinos does not care what the law says, however, as he’s just another Battistelli with extra secrecy).

At the turn of the new year, seeing that the founder of Watchtroll (Gene Quinn) stepped down as chief editor after 2 decades, we said we would not link to Watchtroll anymore (sending it traffic), not even to rebut its torrent of nonsense. Looking at the latest articles, however, we continue to see more nonsense. “Winning Strategies for Getting Past the Five Types of Patent Examiner” is the title of a new post from Watchtroll. They view examiners as enemies who need to be undermined or fooled/manipulated. How revealing. How anti-scientific of them. Another new post from Watchtroll says “Canada Patent Law Changes Are Bad News for Patent Owners”; by that it means Canada does the right thing and more parasitic lawyers would be out of a job and would likely need a career change.

“Unless the Board of IBM flushed them and replaces them with more Red Hat-like mentality, Red Hat will generally be part of the problem, part of the threat to software development and perhaps to GNU/Linux at large.”Gene Quinn of Watchtroll has just made it abundantly clear, once again, that IBM has not changed because in “IBM Calls for an End to the ‘Legal Fiction’ of Current 101 Law” we’re seeing not even a mild difference/deviation from the old agenda. The outline says: “This marks the final installment in my four-part interview with IBM’s Vice President and Assistant General Counsel Mark Ringes and Chief Patent Counsel Manny Schecter. I found our conversation fascinating and want to thank them both again for their time and insight. Below, we conclude with an in-depth discussion on how the U.S. patent system is affecting startups and the state of enforceability following Director Iancu’s Section 101 Guidance.”

So these are the people at the top of IBM. Unless the Board of IBM flushes them down and replaces them with more Red Hat-like mentality, Red Hat will generally be part of the problem, part of the threat to software development and perhaps to GNU/Linux at large.

“Stupid Patent of the Month” has just been published by Joe Mullin, who joined the EFF about a year ago after he had covered patent trolls a great deal in the media (and he did a good job, unlike the loads of stenography from law firms that dominate patent coverage). Some hours ago he published this post:

In the smartphone era, “distracted driving” is a serious, and well-known, problem. Official warnings about poor driving habits are as old as the automobile itself. The New York Times published a Pulitzer-winning series on distracted driving back in 2009.

Increasingly, technological assists are available for those seeking to manage their smartphone’s distractions while in the car. Apple integrated a “do not disturb while driving” mode into iOS 11, and Google has long had similar functionality in its Android Auto app. Multitudes of third-party smartphone apps exists to address the issue. Finally, more than 50 companies are working on what may be the ultimate solution to distracted driving: autonomous vehicles.

Unfortunately, the U.S. patent system creates warped incentives for emerging software fields like road-safety features. Rather than competing in a challenging space, some players are seeking broadly-worded patents, then hope to sit back and extract profits later.

That may be the strategy of the International Business Machine Corp., which has acquired more U.S. patents than any other company for decades now. This week, IBM was awarded U.S. Patent No. 10,191,462, describing a “Vehicle electronic receptionist.”

This is far from the first time IBM is shown to have pursued (and received) bogus patents on software. None of this seems to be changing following the takeover of Red Hat. This, in turn, makes us rather concerned about Red Hat’s future direction. IBM’s patent policy is extremely incompatible with Red Hat’s.

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 28/5/2020: OpenSSH 8.3, New Mesa Release, Raspberry Pi 4 News, Fedora 32 Elections

    Links for the day



  2. The EPO Became a Very Radical Institution

    Projection tactics are doomed to say more about the people who utilise them than about anybody else; the EPO has become so autocratic and corrupt that corruption is seen as normal and workers who explain this corruption are framed as "irrational" or "crazy" or "radical"



  3. IRC Proceedings: Wednesday, May 27, 2020

    IRC logs for Wednesday, May 27, 2020



  4. Allegations That Microsoft Will Ruin Besieged Clinics and Hospitals to Retaliate Against Those Who Name the Culprit

    With a broader picture coming into view, as per the above index, we're starting to wrap up the series while issuing a call for more stories and eyewitness testimonies, exposing the nature of attacks on hospitals (those almost always target Microsoft and others' proprietary software, which is technically unfit for purpose)



  5. Microsoft Has Ideas...

    Based on the pattern of media coverage, composed by Microsoft MVPs and Microsoft-affiliated blogs/sites, confusing the public about the meaning of GNU/Linux is reminiscent of an "Extend" phase



  6. ZDNet Proves Our Point by Doing Not a Single Article About Linux (RC7), Only About Linus and Windows Clickbait Junk

    It seems abundantly clear that nobody wants to cover the actual news about Linux and instead it’s all about which PC Linus Torvalds is using (gossip/tabloid); ZDNet‘s latest two articles are an example of this…



  7. UPC Lies That Make One Laugh...

    IP Kat and Bristows (overlaps exist) are still pretending that the UPC is coming because reality doesn’t seem to matter anymore, only self-serving agenda



  8. Canonical Continues to Help Promote Windows Instead of GNU/Linux or Ubuntu

    Thrice in the past week alone Canonical used the official “Ubuntu Blog” to help Microsoft instead of GNU/Linux and it is part of a disturbing trend which lends credibility to jokes or rumours about a Microsoft takeover; it's not like many people use this thing, either (Canonical helps Microsoft shore up a dying/languishing EEE attempt)



  9. Links 27/5/2020: CoreOS Container Linux Reaches Its End-Of-Life, 2020 GNOME Foundation Elections Coming

    Links for the day



  10. IRC Proceedings: Tuesday, May 26, 2020

    IRC logs for Tuesday, May 26, 2020



  11. GNEW Seedlings vs. Free Software Deforestation

    “The idea of the GNEW Project really is about keeping the goals of the GNU Project alive — hopefully, they won’t destroy or co-opt too much of the GNU Project, that people like the Hyperbola devs can’t fix it with BSD.”



  12. Joi Ito Already Admitted on the Record That Bill Gates Had Paid MIT Through Jeffrey Epstein

    An important exhibit for the accurate historical record (because MIT has been trying to deny truth itself)



  13. It's Convenient to Call All Your Critics Nuts and/or Jealous

    Bill Gates antagonists are not motivated by hatred or jealousy but a sense of injustice; spoiled brats who break the law aren’t a source of envy any more than mass murderers are subject of admiration



  14. Real History of Microsoft and How It Became 'Successful'

    New video that contains a portion about the history of Microsoft -- the part paid-for 'journalists' (paid by Microsoft and Bill Gates) rarely or never speak about



  15. Hostility and Aggression Towards Staff That Does Not Use Windows After Windows Takes Entire Hospital Down

    Microsoft Windows, with NSA back doors, continues to take hospitals offline (with records copied by criminals if not stolen by effectively locking the originals out of reach for ransom money); but guess who’s being punished for it…



  16. They Came, They Saw, We Died...

    It cannot be overstated that we're under attack (or a "Jihad" against Linux as Bill Gates himself put it) and failing to act upon it will be costly as time may be running out and our groups are being 'bought off' by Microsoft in rapid succession, as per the plan/strategy



  17. The GitHub Takeover Was an Extension of Microsoft's War on GPL/Copyleft (Because Sharing Code to Anyone But Microsoft is 'Piracy')

    Licences that make it easier for Microsoft to 'steal' (or a lot harder for Free software to compete against proprietary software) are still being promoted by Microsoft; its GitHub tentacles (see GitHub's logo) further contribute to this agenda



  18. ZDNet is Totally a Microsoft Propaganda Machine

    The site ZDNet has become worse than useless; it lies, defames and launders the reputation of famous criminals (that's the business model these days)



  19. When Microsoft's Mask Falls (or When Times Are Rough)

    Microsoft loves Linux in the same sense that cats love mice (they might play with them until they get hungry)



  20. Careers in Free Software Aren't Careers in the Traditional Sense

    With historic unemployment rates and people 'stranded' inside their homes there's still demand and need for technology; these times of adaptation present an opportunity for Software Freedom



  21. Embrace, Extend, Extinguish 2020 Edition

    Embrace, Extend, Extinguish (E.E.E.) is alive and well, but the corrupt (paid by Microsoft) media isn't talking about it anymore; in fact, it actively cheers and encourages people/companies to enter the trap



  22. Links 26/5/2020: SHIFT13mi GNU/Linux Tablet, Linux Kodachi 7.0 and Some Qt Releases

    Links for the day



  23. EPO Propaganda on Steroids (or on EPO)

    What EPO management is saying and what is actually happening



  24. Breton (EU) 'Joins' Team UPC to Help His Buddy Battistelli... Again

    As expected, Breton acts as little but an EPO tool, looking to prop up supremacy of patent litigation over science and innovation



  25. Removing Free/Libre Software as an Inadequate Response to Microsoft Windows (With Back Doors) Getting Compromised, Killing People

    GNU/Linux takes the blame (in a sense) for incidents that are purely the fault of Microsoft and its deficient software with deliberate back doors; it's believed that this boils down to opportunistic retaliation against those looking for a solution to the problem (or merely speaking about the problem)



  26. IRC Proceedings: Monday, May 25, 2020

    IRC logs for Monday, May 25, 2020



  27. Under Distributed Denial of Service Attacks Lately, But We're Too Robust For Those

    Efforts to take Techrights offline have been ramped up lately; but it's not working and it hardly even distracts us from publishing



  28. The Art of Giving: Why Free Software Will Inevitably Survive Attacks Against It

    Societies that share and look after their peers/neighbours will always be better off than predatory societies, which breed exploitation, distrust, discord and eventually systemic collapse



  29. 'Journalism' in 2020: Far More Articles About What Computer Linus Torvalds Bought Than About Linux Releases

    Yesterday's (or late Sunday's) Linux announcement (RC7) is symptomatic of a broader issue we've long spoken about; it restricts people's ability to express an opinion, which can cloud any meritorious and substantial debate about technical matters journalists cannot grasp or comment on (it takes more effort and research)



  30. Links 25/5/2020: Wrapland Redone, DebConf20 Plans, Many More Games

    Links for the day


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