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The Linux Foundation Has Become Like a Corporate Think Tank, Microsoft Influence Included

Posted in Debian, GNU/Linux, Kernel, Microsoft at 7:54 am by Dr. Roy Schestowitz

Linux Foundation funding

Summary: Words of warning about the direction taken by the Linux Foundation, where Microsoft impact has grown and community role has been diminished or completely decimated

TODAY is a special day. It’s Penguin Awareness Day, but putting aside the Linux and the Tux mascot, there’s not much to celebrate because the Linux Foundation reveals signs of rot. The FSF is to the Linux Foundation what astronomy (science) is to astrology (big business around pseudo-science) and having already attempted to delete GNU from history* (a common phenomenon), the Linux Foundation now deletes the role that individuals played in the development of the system. We’re meant or at least led to thinking that the kernel, Linux, was quietly ‘taken over’ by a consortium of corporations, many of which have mixed loyalties (not just to Linux).

“We’re meant or at least led to thinking that the kernel, Linux, was quietly ‘taken over’ by a consortium of corporations, many of which have mixed loyalties (not just to Linux).”EPO coverage has prevented us from covering as much about the Linux Foundation as we used to, including payments from Microsoft, services to Microsoft, and abandonment of GPL enforcement efforts because GPL enforcers went after a Microsoft executives-run VMware.

Matthew Garrett raised an important point and asked: “Did the Linux Foundation just drop all semblance of community representation because it’s afraid of GPL enforcement?”

There is already coverage stemming from the original rant [1], which has been mentioned by several news sites so far, e.g. [2,3]. We have received the above evidence which serves to reinforce these claims that the Linux Foundation keeps drifting away to wherever the big money is (usually companies that try to control or dominate Linux). The Linux Foundation does not represent Linux users (OSDL hardly ever pretended to do so) but mostly hardware companies that want to influence the development process/es. The Linux Foundation dumped support for GPL enforcement because of VMware. This is a good example of E.E.E. The latest Microsoft openwashing, for instance, reportedly helps it grab control/foothold at V8′s expense in the same way that a foot inside the Linux Foundation (with Novell’s helping hand) let Microsoft inject GPL-violating code into the kernel, promoting the proprietary Hyper-V at the expense of FOSS hypervisors.

“We have received the above evidence which serves to reinforce these claims that the Linux Foundation keeps drifting away to wherever the big money is (usually companies that try to control or dominate Linux).”There is no ‘new’ Microsoft. “Microsoft have not added support for OpenDocument Format to iOS and Mac OS X,” for instance. Microsoft only wants to promote proprietary Microsoft lock-in. That’s what Microsoft does inside Android, inside Linux, and even inside Debian these days. “There’s at least one Microsoft staff inside Debian,” iophk warned us, citing this page from Microsoft. “Jose Miguel Parrella,” it says, is “a Debian Developer and member of Microsoft’s Open Source Strategy team.” Remember that also the Linux Foundation is full of ‘former’ Microsoft staff, even at relatively high positions (like management). Debian, in light of some recent agreement with Microsoft (we didn’t find time to cover it), should definitely watch out as there’s E.E.E. going on. The Linux Foundation too is now at risk of becoming obsolete (loss of support from the public) because it publicly shows that it metaphorically “Says Let Them Eat Cake,” to quote today’s headline from Susan Linton, founder of Tux Machines. Sam Varghese says the Linux Foundation “backs corporates, not community,” to quote his own headline (below). To make the Linux Foundation a strong player for copyleft (e.g. GPL enforcement) help elect the FSF- and SFLC-connected Karen Sandler. She’s running for the Linux Foundation Board of Directors.

Related/contextual items from the news:

  1. Linux Foundation quietly drops community representation

    The Linux Foundation is an industry organisation dedicated to “promoting, protecting and standardising Linux and open source software”[1]. The majority of its board is chosen by the member companies – 10 by platinum members (platinum membership costs $500,000 a year), 3 by gold members (gold membership costs $100,000 a year) and 1 by silver members (silver membership costs between $5,000 and $20,000 a year, depending on company size). Up until recently individual members ($99 a year) could also elect two board members, allowing for community perspectives to be represented at the board level.

  2. Garrett: Linux Foundation Says Let Them Eat Cake

    Matthew Garrett, kernel contributor and social activist, today posted of his discovery of a little change at the Linux Foundation. The foundation left regular users and individual developers behind for large corporate sponsors years ago, but today Garrett said they made it official. One little clause was removed from the by-laws, but it removes so much more from the foundation.

  3. Linux Foundation shows it backs corporates, not community

    The Linux Foundation has given its clearest indication yet that it caters to corporates rather than the community, by making it impossible for community representatives to be elected to its board.

* In a very recent Linux Foundation video, GNU is only mentioned as a joke (“they make me say it”).


Microsoft’s Campaign to Force Everyone to Use Vista 10 Should Drive/Motivate Immediate Escape to GNU/Linux

Posted in GNU/Linux, Microsoft, Windows at 7:16 am by Dr. Roy Schestowitz

“When it comes to software, I much prefer free software, because I have very seldom seen a program that has worked well enough for my needs, and having sources available can be a life-saver.”

Linus Torvalds

Linus Torvalds

Summary: Microsoft’s push to impose malware on everybody and news about Windows virus infections in Australian healthcare ought to remind people that Microsoft’s customer is the NSA, users are just products

WHILE the EPO protests go on (right at this moment) we wish to get out of the way some other important news. Microsoft’s anti-choice campaign, for example, is now widely covered in the media. Richard Chirgwin from the British media wrote two days ago: “In a stunning example of consensus-building, Microsoft has somehow persuaded the big names of silicon that it would be better for all concerned if they quietly euthanize Windows 7 and 8.1.

“According to this report from today, about 15,000 people in the [Munich] administration now use GNU/Linux for everything as the migration is nearly complete (to the very last desktop).”“Accordingly, Redmond, Intel, Qualcomm and AMD have occupied the same room without injury long enough to promise that future products like Kaby Lake (Intel), 8996 (Qualcomm) and Bristol Ridge (AMD) will not be sullied with Windows 7 or 8.1 code.”

Given what we know about Vista 10 and given such arrogant denials of choice we urge everyone to seriously consider migrating to GNU/Linux. It has worked well for Munich. According to this report from today, about 15,000 people in the administration now use GNU/Linux for everything as the migration is nearly complete (to the very last desktop). Microsoft’s strong relationship with the NSA makes this a matter of national security, more so with Vista 10 (which is a keylogger, like PCs at the EPO in Munich).

“Vista 10 would only make such things worse, not better.”“Similarly,” Michael Justin Allen Sexton wrote about hardware-driven pressure to 'upgrade', “Windows 7, 8, 8.1 and Windows 10 all received updates related to Intel’s new Skylake processors, but when Skylake’s successor, Kaby Lake, and AMD’s Bristol Ridge processors are released, Microsoft will update only Windows 10 to support them. If you are still using an older Windows OS, you might be able to use these processors, too, but you may encounter instability, increased power draw, and lower performance relative to Windows 10.”

Incidentally, see what has just happened in Australia due to dependence on Windows in a hospital [1-3]. Vista 10 would only make such things worse, not better. It’s designed for “national security” (i.e. back doors and real-time surveillance), not for security.

Related/contextual items from the news:

  1. Royal Melbourne Hospital hit by Windows XP virus

    Work at the pathology department of the Royal Melbourne Hospital has been hit for several days by a virus which has infected computers running Microsoft’s Windows XP operating system.

    The processing of blood, tissue and urine samples has been done manually due to the infection, causing massive delays, according to reports on a number of websites, with The Age leading the way.

    These reports were confirmed by the hospital when it issued a terse media release on Tuesday afternoon.

  2. Royal Melbourne Hospital attacked by damaging computer virus

    A virus has attacked the computer system of one of Melbourne’s largest hospital networks, causing chaos for staff and patients who may face delays as a result.

    Staff at Melbourne Health – the network which runs the Royal Melbourne Hospital – are urgently trying to repair damage to its IT system after a virus infected Windows XP computers.

    An email sent to staff today said the virus had hit Melbourne Health’s pathology department, causing staff to manually process specimens such as blood, tissue and urine samples instead of computers aiding the registration, testing and entry of results.

  3. Windows XP Computers Cause Havoc In Hospital After Getting Virus Infection

    Royal Melbourne Hospital in Australia was still running Windows XP and little did they know about the upcoming havoc that was going to haunt them forever. The virus which hit the Windows XP machines almost crept down the entire hospital and its different departments. However, to make things look normal, the hospital kept on claiming that everything was almost under control now, and the IT team was working day and night to get rid of the virus.


Anti-Competitive and Anti-Choice: the ‘New’ Microsoft Reveals New Abusive Policies

Posted in GNU/Linux, Hardware, Microsoft, Vista 10, Windows at 6:28 am by Dr. Roy Schestowitz

Can’t compete? Then cheat…

“I’m thinking of hitting the OEMs harder than in the past with anti-Linux. … they should do a delicate dance”

Joachim Kempin, Microsoft OEM Chief

Two locks

Summary: After scheming to make new hardware incapable of booting GNU/Linux (in the name of UEFI ‘security) the company now attempts to tie up hardware (processors) with malicious new malware called Windows 10 (more like Vista 10, with the user-hostile ‘features’ of Vista)

“Want Freedom To Choose Your Hardware? Choose GNU/Linux.”

That’s the message from Robert Pogson. Some days ago we became aware of a nasty little scheme from Microsoft. The abusive monopolist, Microsoft, is calling monopoly abuse “innovation”. In additional to more DRM and antifeatures, including mass surveillance in real time, the company goes further as “Upcoming Intel And AMD CPUs Will ONLY Support Windows 10,” to quote FOSS Bytes. “In the latest change to its update policy,” wrote the author, “Microsoft has announced that older versions of Windows like Windows 7 and Windows 8.1 will lose support on the Intel 6th generation Core processors, also known as Intel Skylake. So, if you have just bought a new PC, you should consider upgrading to Windows 10 within the next 18 months.”

“Does anyone really think there is a ‘new’ Microsoft which is benevolent?”And Microsoft later expresses shock that people generally dislike it, some more than others.

Microsoft Peter shows how, after UEFI lockout of GNU/Linux (which he wrote about last year, arguably breaking the news), the historically abusive Intel helps Microsoft impose NSA-friendly spyware on everyone. “Microsoft Will Not Support Upcoming Processors Except On Windows 10,” says another report and “New hardware must have the latest Windows,” wrote a Microsoft booster. Microsoft’s influence over OEMs may be diminishing, the development teams may be shrinking (based on our confidential sources they are!), so the company is now limiting the scope of its operating system using hardware manufacturers/chipmakers, i.e. doing exactly the opposite of Linux (whose hardware support is always broadening).

Moreover, as revealed by this new report from The Register, Microsoft is really trying to piss people off and make Vista 10 synonymous with malware. Watch what they are doing right now:

Microsoft’s relentless campaign to push Windows 10 onto every PC on the planet knows no bounds: now business desktops will be nagged to upgrade.

When Redmond started quietly installing Windows 10 on computers via Windows Update, it was aimed at getting home users off Windows 7 and 8. If you were using Windows Pro or Enterprise, or managed your machines using a domain, you weren’t supposed to be pestered with dialog boxes offering the free upgrade.


Microsoft claims it’s doing this because many small businesses – the sort of organizations that run Windows Pro, use a domain, but leave automatic updates on – want an easy way to install the new operating system. If companies really want this software, you’d think they’d install it themselves – or opt in for it, rather than having to opt out repeatedly.

You can try your luck following these instructions to halt the upgrade – until Microsoft changes the rules again. Windows Enterprise edition in large corporations will avoid the automatic, virtually mandatory, upgrade.

Does anyone really think there is a ‘new’ Microsoft which is benevolent? iophk has been writing to us for a number of days about this kind of topic. He said quite a lot of things about what Microsoft plans to do to R right now (or some time in the near future).

“Attacks against R continue with “Microsoft R Open {sic}”,” he said, “with the announcement of vaporware” (we wrote about this some days ago).

“Stewart Alsop, industry gadfly, presented Gates with the “Golden Vaporware” award, saying, “The delay of Windows was all part of a secret plan to have Bill turn thirty before it shipped.”

Barbarians Led by Bill Gates, a book composed
by the daughter of Microsoft’s PR mogul


Los Medios de Comunicación Dominados por las Grandes Corporaciones Deberían Dejar de Pretender que el Personal de Microsoft son Ahora FOSS y Linux ¨Analistas¨

Posted in FUD, GNU/Linux at 6:42 pm by Dr. Roy Schestowitz


Publicado in FUD, GNU/Linux at 6:18 am por el Dr. Roy Schestowitz

Sacando a la luz el aberrante y engañoso modelo de los presentes Medios de Comunicación

Linux InsiderSummario: Un sitio llamado Linux Insider, que mucha gente asume ser un sitio de noticias de Linux, esta RELLENO de material HÓSTIL a Linux proveniente de personas asalariadas de Microsoft

El ¨cancer¨ (en la Red) que es IDG (dominante cubridor de tecnología en muchos lenguajes y usualmente atacando a GNU/Linux mientras al mismo tiempo ACEPTANDO DINERO de Microsoft y Apple) está oficialmente a la venta por contrato, pero al mismo tiempo vemos que no sólo sus ¨periodistas¨ pero también sus otros empleados (ejemplo IDC) están produciendo propaganda hóstil a FOSS. Esto tiene que acabar. Un montón de gente todavía se queja acerca Gale Gruman (incluso en nuestros canales IRC) por sus últimos ATAQUES ENGAÑOSOS GRATITOUS contra GNU/Linux, pero el problema es mucho más amplio que esto y hemos estado escribiendo acerca de ello por cási una década.

“Linux Insider ¨Propaganda de Microsoft que ´parece´ noticias de Linux¨.”Richard Adhikari, quien por un número de años ha publicad muchas piezas anti-Linux (or anti-Android) como esta, usualmente alrededor de líneas como el tema de ¨seguridad¨, está hablando a Hilwa de Microsoft. Bueno, no es tán malo como hablar al trístemente célebre Enderle (lo que ECT hace frecuentemente, permitiéndole TIRAR BARRO A LOS COMPETIDORES DE MICROSOFT sin revelar sus lazos con Microsoft) (y también lo han hecho otros) Esta vez él ayuda a promover el marketing de Black Duck, una firma anti-FOSS que proviene de Microsoft. Para citar partes de esta pieza promocional de Adhikari, (PROMOVIENDO TEMOR A FOSS E INCREMENTAR las ventas de Black Duck):

¨Los containers han capturado la imaginación de los desarrolladores por que proveen convenientes paquetes para el desarrollo,¨ dijo Al Hilwa, un director de investigación en IDC.

¨Hemos estado esperándo una variedad de herramiéntas de desarrollo para agregar apoyo a containers, y en este contexto, tiene perfecto sentido ver líderes en scanning de código como Black Duck apoyar Docker containers,¨ dijo a LinuxInsider.


Herramientas de escáneo nos permite mayores seguras implementaciones, pero los desarrolladores todavía tienen que tomar acción, Hilwa de IDC dijo.

La tecnología de código scanning es análoga a software para scanning de virues, continuó.

¨Un repositorio de metadata para vulnerabilidades o firmas tiene que ser mantenida, y el código es scaneado basado en esto.¨ Hilwa said. ¨The role of the software para scanning es para mantener esta metadata actualizada.¨

¿Sabe Adhikari de dónde proviene Black Duck? ¿Chequeó de dónde Al Hilwa viene? Esto fué publicado en un sitio llamado Linux Insider, (A todos nuestros GNU/Linux usuarios en España y LatinoAmérica urgimos NO desperdiciar so dinero y tiempo en sus publicaciones), pero es anti-Linux huevada PROMOVIENDO A UNA FIRMA CONNECTADA A MICROSOFT, usando puntos hablantes de un ¨ANALISTA¨ conectado a Microsoft. Demuestra mucho lo MAL que están los medios de comunicacion cuyos dueños son grandes CORPORACIONES. Agradescamos que Jack Germain todavía escribe por Linux Insider y a diferencia de Adhikari él no escribe artículos atacándo a GNU/Linux.

Corporate Media Should Stop Pretending That Former Microsoft Staff is Now FOSS and Linux ‘Analysts’

Posted in FUD, GNU/Linux at 6:18 am by Dr. Roy Schestowitz

Demonstrating the rogue business model of much of today’s media

Linux InsiderSummary: A site called Linux Insider, which many people may assume to be a Linux news site, is stuffed with Linux-hostile material from people who are connected to Microsoft

The ‘cancer’ (on the Web) which is IDG (dominating technology coverage in many languages and usually attacking GNU/Linux whilst accepting money from Microsoft and Apple) is officially up for sale, but in the mean time we see that not only its writers but also its other employees (e.g. in IDC) produce some FOSS-hostile propaganda. This needs to stop. A lot of people still complain about Galen Gruman (even in our IRC channels) for his latest facts-free attack on GNU/Linux, but the problem is much broader than this and we have been writing about it for almost a decade.

“This was posted in a site called Linux Insider, but it’s anti-Linux nonsense promoting a Microsoft-connected firm, using talking points from a Microsoft-connected ‘analyst’.”Richard Adhikari, who for a number of years has published many anti-Linux (or anti-Android) pieces such as this, usually along the ‘security’ theme, is now talking to Hilwa from Microsoft. Well, it’s not as bad as speaking to Enderle (which ECT does very often, allowing him to smear Microsoft’s competitors without disclosing his ties to Microsoft), but it’s still pretty bad. ECT previously spoke to him without disclosing his relationship with Microsoft (and so have others). This time he helps bolster the marketing for Black Duck, an anti-FOSS firm that came from Microsoft. To quote parts of this promotional piece from Adhikari (promoting fear of FOSS and helping Black Duck drive sales):

“Containers have caught the imagination of developers because they provide convenient bundles for deployment,” said Al Hilwa, a research program director at IDC.

“We have been expecting a variety of software development tools to add support for containers, and in this context, it makes perfect sense to see leading code-scanning players like Black Duck support Docker containers,” he told LinuxInsider.


Scanning tools do enable more secure deployments, but developers still have to take action, IDC’s Hilwa said.

Code-scanning technology is analogous to virus-scanning software, he continued.

“A repository of vulnerability metadata or signatures has to be maintained, and the code is scanned against it.” Hilwa said. “The role of the scanning software is to keep this metadata up to date.”

Does Adhikari know where Black Duck came from? Did he check where Al Hilwa came from? This was posted in a site called Linux Insider, but it’s anti-Linux nonsense promoting a Microsoft-connected firm, using talking points from a Microsoft-connected ‘analyst’. It demonstrates a lot of what’s wrong with today’s corporate media. Thankfully, Jack Germain still writes for ECT’s Linux Insider and unlike Adhikari he doesn’t just write articles that attack Linux.

Resistencia a Vista 10 Crece Con la IMPOSICION de ‘Upgrades’, Muchos Sugieren GNU/Linux como Alternativa

Posted in GNU/Linux, Microsoft, Vista 10, Windows at 5:04 am by Dr. Roy Schestowitz


Publicado in GNU/Linux, Microsoft, Vista 10, Windows at 5:25 am por el Dr. Roy Schestowitz

Vista 10 spying

Sumario: Los esfuerzos de Microsoft para FORZAR a todo el mundo a usar Vista 10, sólo esta causando cólera y desconfianza, llevando a mucha gente a GNU/Linux

Como MUCHA gente ya ha notado (no es dificil hacerlo), más y más gente se esta dando cuenta de lo que realmente Microsoft quiere, cual es su modelo de negocio, y por que está tan ansioso de que todo el mundo use su última versión de Windows. A media que más gente se da cuenta, definitivamente vemos creciente protesta de muchos y varios grupos, incluso aquellos que son rávidos hinchas de Microsoft. Esto es muy significativo.

Bogdan Popa es un Microsoft vocifero fan que todavía defiende la AGRESIÓN de Microsoft con Vista 10 (con un anzuelo que menciona ¨Linux¨), a diferencia de otros fans de Microsoft quienes están preocupados (Microsoft muestra signos de desesperación y riesgo de alienar usuarios). Ayer encontramos más ejemplos de eso. Es una ampliamente discutida materia como un sitio que algunas veces promueve Microsoft y Apple. Es una realidad establecida que Microsoft esta DESESPERADO por instalar Windows 10 en tu ordenador. Para lograr su objetivo de un billón de Windows 10 máquinas en ¨dos o tres años¨, la compañía ha estado AGRESIVAMENTE impulsando su nuevo sistema operativo. En las últimos ocurrencias, Windows 7 y Windows 8.1 usuarios están viendo a pop-up que les da una ´opción´ de ¨Upgrade Ahora¨ y ¨Comienze a bajarlo, Upgrade más tarde¨.¨

“Microsoft está básicamente disparándose en el pie derecho ahora mismo.”Alguien nos dijo ayer acerca de su ¨artículo [el cual] está designado a colectar asuntos específicos a Microsoft Windows 10 de los expertos y de las noticias tecnológicas¨ (principal wiki aquí). Lo que estamos viendo en nuestros canales de IRC, media ´social´ etc. es que hay mucha gente ya preparada a mudarse a (o ya hicieron los primeras mudanzas) a GNU/Linux. Microsoft está básicamente disparándose en le pie derecho ahora mismo.


Resistance to Vista 10 Grows With Imposition of ‘Upgrades’, Some Suggest GNU/Linux as an Alternative

Posted in GNU/Linux, Microsoft, Vista 10, Windows at 5:25 am by Dr. Roy Schestowitz

Vista 10 spying

Summary: Microsoft’s efforts to force everyone to use Vista 10 are only causing anger and distrust, leading some people to GNU/Linux

AS SOME people may have already noticed (it’s hard not to), more and more people realise what Microsoft is really up to, what its business model is, and why it’s so eager to get everyone to use the latest version of Windows. As the awareness grows we definitely see increasing backlash from wider and broader groups all across the spectrum, even people who are traditionally raving fans of Microsoft. This is very significant.

Bogdan Popa is one of the Microsoft boosters who still defend Microsoft’s Vista 10 aggression (with a bait headline that mentions “Linux”), unlike other Microsoft boosters who grew rather worried (Microsoft showing signs of desperation and risking alienation). Yesterday we found some more examples of that. It’s becoming a widely-discussed topic as a site that sometimes promotes Microsoft and Apple says: “It’s a well-established fact that Microsoft is desperate to install Windows 10 on your PCs. To achieve its goal of 1 billion Windows 10 devices in “two to three years”, the company has been aggressively pushing the new OS. In the latest development, Windows 7 and Windows 8.1 users are now seeing a pop-up that just gives you an option to “Upgrade now” and “Start download, upgrade later”.”

“Microsoft is basically shooting itself in the foot right now.”Someone told us yesterday about his “article [which] is designed to collect together identified issues with Microsoft’s Windows 10 from experts and the tech media” (main wiki page here). What we’re seeing in our IRC channels, ‘social’ media etc. is that many people already prepare to move to (or have already made the first moves towards) GNU/Linux. Microsoft is basically shooting itself in the foot right now.


Design Patents (e.g. Sliders) Are Becoming as Much of a Problem as Software Patents

Posted in America, Apple, GNU/Linux, Microsoft, Patents, Samsung at 8:15 pm by Dr. Roy Schestowitz

Copyright already covers many designs, so why extend so-called ‘protection’ to the vastly broader domain of patents?

Slide to unlock
Slide to unlock: put it on a computer and you’re apparently a genius deserving a patent

Summary: A fine demonstration of how dumb a lot of patents in the United States have become, including so-called ‘design’ patents that pertain to an abstraction on a computer (hence software patents)

IN SOME sense, many design patents are inherently software patents, as schematics attached to patent applications often serve to show. I have personally reviewed some patents before, so I know how particular lawyers — not programmers — try to give a ‘life’ (or a form) to algorithms by drawing things*. Doodles are not algorithms. They’re often a spurious presentation that attempts to give a physical form to something which is inherently abstract. It can mislead examiners and judges, presumably by intention. Just look at the many post-Alice articles composed by patent lawyers; just look at the tips they’re giving to one another. They almost self-incriminate.

“Doodles are not algorithms. They’re often a spurious presentation that attempts to give a physical form to something which is inherently abstract.”Steven J. Vaughan-Nichols called Microsoft’s latest high-profile patent attack “design patent wars” and said that the “Electronic Frontier Foundation has declared “User Interface for a Portion of a Display Screen” to be this month’s stupid patent. Here’s what’s really going on between Microsoft and Corel over the Office ribbon design patent.”

We wrote about this in last week's coverage regarding Corel. “The EFF named Microsoft’s design patent for a slider as its Stupid Patent of the Month,” one person wrote to us, just over a week after it all happened. But actually, it’s more of a software patent, or something in the blurry line/s between design and software (like interface elements).

“Just because one takes something that has existed for thousands of years before computers (like a fence/gate’s metal or wooden lock) and draw it on a computer with some callback function/s doesn’t (or shouldn’t) make it magically patent-worthy, just as doing something “over the Internet” doesn’t make old and trivial ideas patent-eligible.”Consider today’s patent lawyers’ views [1, 2] about Apple’s attacks on Samsung, which include the infamous slide-to-unlock patent (slider again, amongst other patents). And speaking of sliding, how about the “LANDSLIDE article” mentioned by Patently-O today? “And as a larger policy issue,” said the author, “it’s questionable whether verbal claim dissection is either desirable or appropriate in the context of design patents. The better approach may be, as Chris Carani argued in the LANDSLIDE article mentioned above, to simply instruct juries “that design patents only protect the appearance of the overall design depicted in the drawings, and not any functional attributes, purposes or characteristics embodied in the claimed design.””

We wrote quite a lot about Apple’s so-called ‘design’ patents (in principle software patents) more than half a decade ago when Apple’s patent war against Linux/Android began. When authors mention terms like “design patents” it would only be fair to read or interpret this as software patents, or a particular subclass of these. These patents don’t allude to any physical thing like a bar that you slide, only an abstraction thereof. Just because one takes something that has existed for thousands of years before computers (like a fence/gate’s metal or wooden lock) and draw it on a computer with some callback function/s doesn’t (or shouldn’t) make it magically patent-worthy, just as doing something “over the Internet” doesn’t make old and trivial ideas patent-eligible. Then again, this is what the USPTO brought about with its laughable quality control.
* I am a software professional with experience both as a programmer and a researcher, having reviewed papers for the world’s top international journals (even in my twenties), which meant I needed to identify prior art (existing/published research) in areas like computer vision and machine learning.

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