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

09.01.14

Korean Press Slams Microsoft Over Patent Extortion Against Linux/Android as New Abuses Resurface

Posted in Finance, Microsoft, Patents at 2:34 pm by Dr. Roy Schestowitz

Is this BusinessKorea’s depiction of Elop and Ballmer?

Nokia trolls
Image from BusinessKorea

Summary: Harsh words from the national press of South Korea as Nokia’s role in Microsoft’s anti-Linux tactics becomes more apparent

MICROSOFT is a big loser, but a dangerous loser nonetheless. Microsoft is above the law in many countries and it knows it. So, inevitably, Microsoft acts like it always has and it resorts to criminal activities in an attempt to destroy the competition. It’s just the same old Microsoft, acting like a spoiled brat and a bully.

Last week the Korean press was portraying Microsoft and Nokia as trolls (pay attention to the photos in this article). To quote the opening paragraphs:

Korean Industry Demanding Measures against Patent Offensives by Nokia, Microsoft

The local electronics industry is demanding stricter conditions for the approval of Microsoft’s purchase of Nokia by the Korea Fair Trade Commission (FTC). The demand is attributable to the fact that those conditions will inevitably have a huge influence on the industry.

Remember that the criminals from Microsoft (crimes like racketeering and conspiracy to extort from multiple directions, patent-stacking, etc.) recently sued the increasingly-confused Samsung, which became a litigation/extortion target of Nokia (e.g. via MOSAID) and Microsoft trolling.

European regulators have already warned about this. They seem to know what Microsoft is up to. For those who still insist that Microsoft is not a crime syndicate masquerading as a company this report can serve as a reminder:

Business Korea has just published a very provocative piece that depicts a monstrous troll attacking its home country’s pride and joy, Samsung. That troll, you’ll be surprised to learn, is Nokia.

The reason for this is easy to understand: Samsung may be forced to pay one of the history’s biggest patent royalty sums to Nokia, and fellow Korean electronics titan LG is not scot free, either.

What unleashed the beast in the Finnish company was its decision to sell its handset division to Microsoft a while back. As long as Nokia was a phone company, it was bound by a web of cross-licensing deals limiting how much it can charge for its thousands of handset-related patents. Nokia needed to use both essential and non-essential patents held by Samsung, Apple, Motorola and other industry giants, which put a rather severe cap on how much it could charge other phone vendors.

Microsoft is not even interested in Nokia as a producing company, based on recent layoffs that affect Finland while Microsoft is avoiding many billions in tax. As one of the latest articles put it, “Microsoft’s Staggering Tax Dodge Alone Would Fund the Entire State of Washington for Two Years”. This was pointed out by a former Microsoft employee who protested against this, but suddenly it’s all news again:

Reading companies’ annual reports to the Securities and Exchange Commission is a reliable cure for insomnia. Every so often, though, there is a significant revelation in the paperwork. This year, one of the most important revelations came from Microsoft’s filings, which spotlighted how the tax code allows corporations to enjoy the benefits of American citizenship yet avoid paying U.S. taxes.

According to the SEC documents, the company is sitting on almost $29.6 billion it would owe in U.S. taxes if it repatriated the $92.9 billion of earnings it is keeping offshore. That amount of money represents a significant spike from prior years.

When people insist there there is a ‘new’ and reformed Microsoft be sure to recall and pointed the racketeering, the massive tax evasion, and many more of Microsoft systemic abuses. The company deserves to have no more than zero employees, or many who are in prison. But when corporations control politics this is unlikely to happen any time soon. The criminals not only get away with crime; they get wealthy and they hide their wealth from the state.

More Good News About Patents and Their Demise in the United States

Posted in Patents at 2:11 pm by Dr. Roy Schestowitz

Summary: A roundup of news about software patents and patent trolls in the land where these thrive

A recent article from Daniel Nazer of the EFF (cross-posted in TechDirt) reminded us that the focus at EFF these days is “bad patents” such as medical ones that are technically nonsense and usually serve to deny people treatment they may need. This is a type of patents which other than software patents we have covered here a lot of times in the past. It’s worse than anticompetitive patents.

In another bit of news we find yet another defeat for software patents and a defeat for patent trolls that attack Google and are now forced to compensate Google for the trouble. “In January,” says the report, “Google won a jury trial against a so-called “patent troll” called Beneficial Innovations, which sued dozens of media companies over online ad patents.

“But it wasn’t a defensive win in which Google lawyers were laying out arguments about why they didn’t infringe a patent. Instead, Google had gone on the offensive and said that Beneficial’s 2011 patent lawsuit against a dozen major media companies was a breach of contract.”

Another article about it, citing the above, says:

GOOGLE HAS WON $1.3m in legal fees from a notorious patent troll.

Arstechnica first reported the rather convoluted story, which began in 2011 when well-known software patent litigator Beneficial Innovations sued a dozen large media companies over online ad patents that it holds.

Many of the online publications owned by those media companies were simply using Google’s Doubleclick advertising technology, and Google had licensed the patents at issue.

“Beneficial went back on the terms of its own licence agreement, pursuing our customers for simply using our licensed services,” said Google at the time.

Google interceded on behalf of its customers and prevailed in a jury trial in January, arguing successfully that Beneficial was in breach of contract by suing over patents that Google had licensed. Google won a nominal $1 judgment plus an injunction barring Beneficial Innovations from suing additional Google customers.

Now, the court has awarded Google the right to recover from Beneficial most of its legal costs for defending its customers, according to Arstechnica. US District Court judge Rodney Gilstrap ruled that Google was the prevailing party on the breach of contract issue and that the firm’s request to recover attorneys’ fees was reasonable.

Watch the patent lawyers panicking over the increasing difficulty in getting patents on software granted and see this news about new state-level actions/sanctions against patent trolls:

As of two days ago, Illinois became the 18th state with a law prohibiting bad faith assertions of patent infringement. (That is, fraudulent demand letters.) It seems that if Congress won’t act, the states will do whatever they can (which is limited) to deal with patent trolls.

Things are definitely improving on the patent front this year.

08.28.14

We Are Gradually Winning the Battle Against Software Patents

Posted in Interview, OSI, Patents at 4:18 pm by Dr. Roy Schestowitz

Summary: The once-elusive war on software patents is finally leading to some breakthrough and even the Federal Circuit reinforces the trend of software patents’ demise

Software patents are gradually losing their grip on the industry, not just in the world at large but also in the US (genesis of software patents). A few days ago an interview was published in which Simon Phipps (OSI) spoke about the goal of eradicating software patents and explained the latest turn of events as follows: “The Supreme Court in their judgment created a very clear test to work out whether a software patent was going to be valid or not. What they said was that, they said that there could still be software patents, but that simply taking something that is not patent‑eligible like an algorithm and then claiming that it’s patentable because it runs on a computer is not sufficient to actually establish patentability.

“They said that to get a software patent, the software that you have has got to improve the computer significantly. Because of that, the standard for getting software patents has been dramatically increased by the Alice decision.

“The federal circuit court then referred to the Alice decision, and decided not even to proceed to find out if there had been infringement on the Digitech case because they declared that the image processing software was not a significant improvement to the computer. Rather, it was a computer implementing a non‑patent‑eligible technique.”

Based on the article “Appeals court knocks out computer bingo patents” and some that are citing it, yet another software patent has just dropped dead. “Silly software patents are finally on notice at the Federal Circuit,” says the summary and lawyers do some legal analysis (not challenging the ruling but interpreting it). Progressive sites like TechDirt use a clever headline and say: “Another day, another story of stupid software patents getting stomped out of existence thanks to the Supreme Court’s Alice v. CLS Bank ruling. As we’ve been noting, this ruling is looking like it’s going to invalidate a ton of software patents (and that’s a good thing). The latest one dumped was an attempt to patent bingo online. Yes, bingo. The lower court had already rejected the patent using previous Supreme Court rulings against patenting “abstract ideas.” Now, with the Alice ruling in hand, the Appeals Court for the Federal Circuit (CAFC) completed the stomping out of the bingo patent.”

Based on this same site, citing the post “Patent Troll Landmark Technology Sues eBay For Challenging Its Patents; EBay Responds With Anti-SLAPP Motion”, there is bullying over the suggestion that some patents need re-examining. To quote: “Over at Popehat, there’s a fascinating story about the depths to which patent trolls will go to “protect” their business models. The story involves Landmark Technologies, a troll we wrote about earlier this year for its rather aggressive take on patent trolling. Landmark holds patent 6,289,319: ‘Automatic Business and Financial Transaction Processing System.’ Or, as the EFF puts it more succinctly: paying with a credit card online. eBay recognized that Landmark’s trolling was bad news, and filed with the US Patent and Trademark Office (USPTO) for a re-exam of three patents. The USPTO initially recognized eBay’s request, noting that there were “substantial” questions about the patentability in those patents. While it eventually left two of the patents alone, it dumped many of the claims in a third patent.”

Remember how back in early August an invalidated patent caused much trouble for that aggressor called Apple.

There is a real opportunity here for change. Patents on software can now be eliminated. Rather than actively fight software patents Google is just promising not to sue. What a wasted opportunity and misguided strategy.

Back in 2013, Google announced its plans to not sue anybody who had implemented open-source versions of its MapReduce algorithm. Since then, the company has expanded what it calls its “Open Patent Non-Assertion Pledge” to a number of other patents. Today it is announcing its largest expansion of this program to date, with the addition of 152 additional patents. This brings the total number of patents included in this program to 245.

Google ought to do more to end software patents, not just acquire some and then promise not to sue.

Meanwhile down in New Zealand, a lawyers’ site claims that changes are coming:

On 13 September the new Patents Act will come into force – whether you’re ready for it or not. So, too, will the Patents Regulations 2014 which were ratified by an Order in Council on 11 August.

Everything, then, is set. This article thus serves as something of a recap on the extent of the changes under the new regime.

Many of the provisions of the new Act are the same as the current Patents Act 1953. There will then be some continuity for patentees and businesses. However, two very significant changes are being implemented which concern how IPONZ examiners consider patent applications and the limits placed on the patentability of software.

IPONZ examiners will shortly have to examine patent applications to determine whether the claims made in respect of, for example, a product involve “an inventive step”. The inclusion of the law of “inventive step” in the new Act represents a higher threshold for hopeful patentees to meet.

There was lobbying by proprietary software giants to bring software patents to this island, but they have not been exceptionally successful. This is of course good news that reminds us that the end of software patents as elusive as we once assumed it to be.

08.27.14

Microsoft Spin Watch: IDG Turns to More Microsoft Propaganda, Hires Microsoft Boosters

Posted in Deception, Free/Libre Software, Microsoft, Patents at 3:44 am by Dr. Roy Schestowitz

Shameless lies spun as “news”

Arguing with IDG

Summary: Media in Microsoft’s pocket is telling Microsoft’s lies and deceives the public for Microsoft’s bottom line

There is Microsoft spin the media which continues to disturb because it is quite shallow and very easy to spot. Just watch Microsoft Peter with his latest shameless vapourware (Microsoft ads disguised as “journalism”). That’s positive advertising as opposed to negative advertising (against the competition), but it is still advertising and it should have no room in journalism.

The Microsoft-funded (through ads) propaganda apparatus CBS says “Gmail” to make a widespread Internet issue sound like Google’s. This, in a sense, is like anti-Google advertising. It is a bit like The Intercept associating Google — with the word “Google-like” — when speaking about NSA search of people’s personal data. It is not just CBS though (notorious for NSA and CIA connections). A writer who was typically writing for the CBS-owned ZDNet UK is now moving on a bit. A few days ago we saw Simon Bisson, a longtime Microsoft booster with conflicting interests that ought to make him unsuitable to cover Microsoft matters, showing up in IDG. It is a new site and the article is unsurprisingly a Microsoft-serving one, following a longtime tradition (his bio at IDG completely omits his connection to Microsoft this time around). It is a puff piece/advertising/spam for a de facto extension/proxy of Microsoft, working with Microsoft and funded by ‘former’ Microsoft executives to promote Mono and .NET.

The only thing worse than that was this piece from IDG trying to portray Microsoft as “open source” (openwashing). Microsoft is trying to crush all FOSS projects from within, so IDG helps with puff pieces like this one titled “Does Microsoft Really Love Open Source?” It is just an assortment of quotes from Microsoft and Microsoft propaganda entities like Directions on Microsoft. Here is an example:

“Compared to 10 years ago, it’s mind-blowing that Microsoft is doing what [it's] doing now,” says Wes Miller, a research vice president at Directions on Microsoft. “If you look at open source projects like Hadoop or Docker (both of which Microsoft is involved in), in the past Microsoft would have tried to crush them with its own closed source product.”

Microsoft-linked and Microsoft-friendly sources to piece together quite a propaganda piece which omits the fact that the above is intended to promote proprietary Windows. If anything, it show Microsoft subverting FOSS to tie it to proprietary. Here is one comment I received about this article:

Rabellino points to how Microsoft has helped bring Linux support to Azure in what he deems the right way. “We could have made proprietary drivers, but no, we’ve open sourced them,” he says. The same is true of the way Microsoft has helped bring Hadoop support to Windows and Node.js support to Azure.
Seriously, WTF?! What about the UEFI? this is made to help GNU/Linux too, isn’t it? c’mon…

About Microsoft becoming friendly to FOSS one person told me: “Of course it does!! don’t you see how open is the Windows source? oh, wait…”

In less disturbing news, here is an example of potential Microsoft spin, portraying Microsoft as a gainer by comparing it only to the biggest loser, the patent troll BlackBerry.

As a reader is ours put it: “LosePhone is not rising, BB is just falling that much.”

Very clever way to create Microsoft spin; find a contender that falls even quicker. This is essentially what we often find in the media, namely pro-Microsoft deception which if remains unchallenged might recur until it is widely accepted.

According to this article and this other new article, BlackBerry has 44,000 patents that it can use against Android/Linux one day. Just watch the latest on what Apple does to Samsung’s software side. It is a direct attack on Android itself:

Supreme Court ruling won’t kill Apple’s ‘slide to unlock’

In June, the US Supreme Court decided the Alice v. CLS Bank case, tweaking patent law in a way that suggests a lot more patents should be thrown out as overly abstract.

Samsung hoped that case would allow it to knock out two patents that Apple had successfully used against it in the long-running patent war between the two smartphone leaders. Last month, Samsung lawyers filed papers arguing that Apple’s patents on universal search and “swipe-to-unlock” are exactly the type of basic ideas that the US Supreme Court wants to see rejected.

Of course one could relate this whole patent strategy to Microsoft’s hatred of FOSS and also note that Microsoft, under Nadella, recently sued Samsung like Apple had done. It is an attack on Free software using software patents. To call Microsoft friendly towards Open Source requires either a propagandist or a liar. Sounds like a job for IDG!

08.22.14

Microsoft’s Patent Troll Intellectual Ventures is Collapsing as 20% of Staff Laid Off

Posted in Microsoft, Patents at 3:22 pm by Dr. Roy Schestowitz

Summary: More good news regarding the demise of patents as Microsoft’s leading patent proxy is collapsing more rapidly than anyone ever imagined and software patents too are collectively doubted

Not only Microsoft is laying off nearly 20% of its staff after years of gradual (but mostly concealed) layoffs. Intellectual Ventures, the world’s biggest patent troll that Bill Gates and Microsoft created, is not quite managing to survive, not even with extortions coordinated and perpetrated en masse. We heard about Intellectual Ventures’ financial issues before, but this is a pleasant surprise:

Intellectual Ventures, the company Silicon Valley loves to despise, is laying off about 20 percent of its employees, Bloomberg Businessweek has learned.

On Tuesday, IV sent a memo to its workers, notifying them of the cuts. The company has been employing 700 people, which means about 140 will be let go. “We are making operational changes that are consistent with this reduction and will enable us to maintain and expand our leadership in the market for invention,” the company said in a statement. “Our assets—both people and intellectual property—are among the best in the industry.” Now, let me try to translate that.

Not too long ago Microsoft threw it a lifeline. This uber-troll, the world’s biggest and most vicious troll, is finally announcing layoffs and it is a major deal because it might come to show what will happen to other trolls like it. This Microsoft- and Gates-funded nuisance cannot go far without Microsoft subsidies, apparently.

Times are tough for a patent troll, apparently. A year ago, we noted that Intellectual Ventures — the world’s largest patent troll, who brought in billions of dollars by getting companies to pay up a shakedown fee to avoid lawsuits over its giant portfolio of patents (mostly cast off from universities who couldn’t find any other buyers) — was running out of cash. While IV did convince Microsoft and Sony to dump in some more cash, IV’s litigation strategy is in shambles. Various lawsuits are dropping like flies without any of the big wins that IV promised.

Now that SCOTUS sheds doubt on a lot of software patents things definitely improve. As one lawyers’ site put it a few days ago:

The Supreme Court has not attempted to “delimit the precise contours of the ‘abstract ideas’ category.” In other words, the Court is essentially saying “we will know it when we see it.” This presents a significant problem to inventors and patent attorneys working in the software industry.

In effect, the Supreme Court is proposing a syllogism such as the following:
- Patents shall not be granted on abstract ideas.
- X is an abstract idea.
- Therefore, a patent shall not be granted on X.

The problem is that the Court has not defined “abstract idea.” Furthermore, “abstract idea” is not self-defining and is not a term that is agreed to by everyone. In fact, an endless chain of assumptions must be followed in arriving at a definition. For example, a court might say: “A general purpose computer executing this software is an abstract idea.” A patent applicant then challenges this statement by saying, e.g., “how is this computer with a claimed memory, processor, input/output unit, and a specific software program “general purpose?” The Court then points to the holding in Alice that the particular claimed computer (system claim) is merely carrying out a method that is an abstract idea and the patent attorney is just re-writing the same general purpose method as a system claim and that including hardware elements does not transform the system claim from an abstract idea. This is circular reasoning.

What patent lawyers wish not to accept or even to grasp is the simple fact that, as we have explained before on numerous occasions, all software patents are inherently abstract. Patents do not cover code but only algorithms, which are conceptual. Code is covered by copyright law. As this gets realised by more judges and they make rulings based on this realisation we are likely to see software patents ebbing away. But don’t expect patent lawyers to give up easily, especially not Microsoft and its extortion strategists. Extortion with patents is Microsoft’s last hope. Here is alawyers’ publication publishing propaganda by a “registered patent agent”:

The Supreme Court has declared abstract ideas unpatentable, but there are structural and other ways around the restrictions, writes Christopher Hall.

Christopher Hall is a registered patent agent in the Silicon Valley office of Womble Carlyle. He has 17 years of industry experience as a professional engineer and is named as sole inventor or co-inventor on 15 granted patents.

Pointless self promotion and not even any content in this article, just an advertisement of vapourware. A bit like Intellectual Ventures…

08.20.14

On BlackBerry and Other Patent Trolls

Posted in Patents at 12:14 pm by Dr. Roy Schestowitz

Blackberry

Summary: A roundup regarding patent trolls, starting with the bigger and latest joiner, BlackBerry’s new patents apparatus

The other day we wrote about BlackBerry, which had become — at least in part — a patent troll. The media does not use the “T” word (troll), just as it never uses the other “T” word (terror) when it comes to state terrorism. It’s all about scale and it’s about who controls the media. As one more article puts it:

BlackBerry has created a new business unit to house its most promising assets – cryptographic applications, its QNX embedded software, patent portfolio and Project Ion platform.

The third one is the trolling component and it shows that one need not be a ‘classic’ troll to become a pain in the bum. BlackBerry shows that large companies too can go out of control with patents, especially when they are losing. Microsoft has already done this with Nokia, which fed patent trolls such as MOSAID at Microsoft’s request. Microsoft also collected other patents from defunct companies (Nortel, Novell, etc.) for the purpose of attacking FOSS. Remember this whenever one tries to shift patent debates only to small (‘classic’) trolls. The biggest trolls (like Microsoft) are by far the biggest problem and one way to circumvent their abuses is to tackle the patents themselves, or the patent system (many patents in one fell swoop).

Here in the press is MPHJ Holding again. It is one of the more notorious patent trolls these days and here again is a reminder of its actions, courtesy of TechDirt:

Vermont’s Case Against Notorious Scanner Patent Troll Moves Forward

Last year, there were a few stories concerning a really despicable (more than usual) patent troll called MPHJ Holdings. Joe Mullin, over at Ars Technica, had dug deep into the details, finding a bunch of shell companies all sending demand letters to various small companies demanding around $1,000 per employee for using a network-connected scanner that includes a “scan to email” feature (i.e., pretty much any scanner on the market today). There were all sorts of sketchy things about MPHJ, and it was pretty clear that it and all its shell companies were effectively shaking down small businesses. It was so egregious that Vermont’s Attorney General sued the company, claiming that it was engaged in “unfair and deceptive acts” with its threat letters.

Another notorious patent troll reportedly shakes down another victim. “A few weeks ago,” writes TechDirt, “we noted that Personal Audio, the patent troll that ridiculously pretended to own a patent on “podcasting” had put out a press release saying that it had tried to settle with Adam Carolla, the podcasting giant that the Personal Audio had sued a while ago. But Carolla had refused to settle. If you haven’t been following the case, Personal Audio claims that patent 8,112,504 covers podcasting and went after a few of the “big names” with lawsuits, while sending demand/threat letters to many others. Carolla fought back hard, getting a bunch of other top podcasters to speak up as well, and point people to a crowdfunding campaign for a podcasting legal defense fund.”

The bottom line is, there are large companies that are conducting business just like patent trolls and we must recognise this if we are ever to recognise the true nature of the patent problem. Sadly, the corporate press prefers to only focus and demonise the ‘classic’ trolls, not the corporations that fund the press to call the same practices “cross-licensing”, “patent agreement” or some other euphemisms when large entities are involved.

08.19.14

BlackBerry — Like Microsoft Nokia — Could be the Next Patent Proxy Troll

Posted in Google, Patents at 6:19 am by Dr. Roy Schestowitz

Blackberry
Mike Lazaridis
Mike Lazaridis – Founder and Co-CEO of Research in Motion (Blackberry), photo by textlad

Summary: BlackBerry is restructuring for patent assertion (i.e. trolling) in the wake of some alliances with Microsoft

LAST year we warned that BlackBerry was becoming somewhat of a troll. Well, right now BlackBerry is indeed becoming a patent troll in very much the same way Nokia became a troll when Microsoft took over (decoupling patents and products), as many had alleged and all along expected last year. This is appalling. Recall what Microsoft and BlackBerry have been doing in recent years. It seems likely that BlackBerry will soon become a vector for attacks on Google and Android (through Android backers). BlackBerry recently had a war of words with Blackphone backers, who used Android of course.

Over the weekend we wrote about a CAFC ruling that stopped Vringo. We also recently covered Microsoft’s role in arming Vringo with patents that it used against Google. This shows us to what degree Microsoft is attacking Linux/Android by proxy. Here is TechDirt reporting that Vringo “Gets Stomped By CAFC, Just Months After Being Awarded A Huge Chunk Of Google’s Ad Revenue”. Vringo’s stock nosedives:

A U.S. appeals court on Friday rejected patent claims brought by a Vringo Inc subsidiary against several companies including Google, sending Vringo shares plummeting.

If BlackBerry follows the route of Nokia and Vringo, it will end up no better than either, perhaps in bankruptcy.

08.17.14

The Microsoft Patent Trolls: Android Extortion, Vringo Versus Google, and Intellectual Ventures

Posted in GNU/Linux, Google, Microsoft, Patents at 5:45 am by Dr. Roy Schestowitz

Summary: Roundup of news about patent aggression by Microsoft and some of its proxies

A NEW article by Steven J. Vaughan-Nichols talks about patents. “Patent trolls under attack, but not dead yet” is the article’s headline. It does not necessarily speak about small trolls but also a corporation, Microsoft, which created several patent trolls, armed several patent trolls (to harass Microsoft’s competition), and is engaging in racketeering against successful producing companies, just like all patent trolls do. One glaring error in the article from Vaughan-Nichols is this bunch of numbers which are not substantiated (no link, citation, or even a source). He says: “It’s not just the trolls seeking to make a fast buck from honest companies that are abusing the broken American patent system. Microsoft has used its “Android” patents to profit from Android OEMs since 2010. Indeed, Microsoft’s most profitable mobile operating system, to the tune of approximately $3.4 billion, was Android, not Windows Phone 8.”

Where does this number come from? This may be completely bogus.

“Now,” he adds, “thanks to China, we finally know what’s in Microsoft’s Android patent portfolio. And it appears that Samsung, at least, is saying, “Wait a minute!” about paying Microsoft for these patents.

“Slowly, way too slowly, the Supreme Court is starting to rein in patent abuse. In Nautilus v. Biosig, the Court ruled that for a patent to be valid, its creators had to describe its essential elements of their invention clearly enough that an expert in in the field could understand it with “reasonable certainty.”

“Yes, that’s right, before this decision, even if an expert couldn’t figure out how the heck a patent was supposed to work, you could still patent an idea.”

Vaughan-Nichols then mentions other landmark cases and the apparent gradual-but-undeniable demise of software patents.

But where does that leave us? Even if Microsoft did not engage in all this FUD and extortion, it would still be able to do it by proxy. Vaughan-Nichols mentions SCO at the start of the article; Microsoft still uses such a strategy. In order to eliminate the threat as a whole we need to eliminate the patents.

Well, in prior years we showed how Microsoft had armed Vringo with patents which it then used against Google. According to this news, after wasting much time and money, Google is found innocent of infringement: “Google Inc. (GOOG:US) won its bid to overturn a $30.5 million patent-infringement verdict, a reversal that sent shares of Vringo Inc. (VRNG:US) down 72 percent.

“The U.S. Court of Appeals for the Federal Circuit in Washington determined that the Vringo patents in the case were invalid, according to an opinion on the court’s website toda”

Here is how a patent trolls expert put it:

Vringo’s win over Google was one of the biggest and most public jury wins for a “patent troll” in recent years. It won $30 million from a jury verdict in 2012, far less than the half-billion-dollar verdict it was seeking.

But last year, the judge overseeing the case revived Vringo’s hopes, ordering Google to pay a running royalty amounting to 1.36 percent of US AdWords sales. Those additional payments could have been more than $200 million annually, pushing Vringo investors toward the billion-dollar payday they were pining for.

These articles should outline more clearly Microsoft’s role in the lawsuit. This was, as alleged by numerous sources (not just us), somewhat of a proxy war by Microsoft. It’s reminiscent of the SCO case, which Microsoft helped fund.

Then there are the trolls who funded and armed by Bill Gates. One of these, Monsanto, is mentioned in this article about counter-action:

Today, just three companies – Monsanto, DuPont and Syngenta – account for about half of all commercial seed sales. More and more, agricultural patents are used to increase the control these and similar companies wield over access to the seeds with which farmers feed the world and – especially in the Global South – themselves and their families.

Bill Gates has profited by monopolising seeds. He lobbied for the seeds monopolies while investing in them (for profit). His good friend Nathan, the world’s biggest patent trolls (who was bankrolled by Gates), has also done this for profit along with Gates, especially when it comes to the energy sector. They are profiting by lobbying politicians to adopt energy methodologies from which they would profit. There is new right now about Intellectual Ventures (Gates-backed) hoarding patents on wind power:

Analysis: Patent trolls target wind power

One of the biggest “patent trolls” is moving into American wind technology for the first time. Intellectual Ventures (IV) of Bellevue, Washington has quietly applied for at least five high-quality and widely applicable patents for reducing noise and birds strikes at utility-scale wind projects.

A response has been posted about this in TechDirt:

Wind Power Monthly (I had no idea such a thing existed) has an article about how Intellectual Ventures is apparently targeting its patent trollery towards wind power, having filed a bunch of patents on very broad and basic concepts related to wind power. Of course, IV is trying to hide its involvement here by using one of its many shell companies. For reasons that are beyond me, Wind Power Monthly declines to name the shell companies. It’s not clear why it does this — even withholding the name after it got IV to confirm that it’s an IV shell. There seems to be no journalistic reason for withholding the name, but Wind Power Monthly still does it.

The Microsoft-funded CCIA is meanwhile focusing a lot of its efforts going after trolls, urging the government to launch subpoenas. The CCIA’s Levy writes: “We’re also looking forward to seeing what the FTC learns about patent privateering. The study could be our first real chance to expose the tactics of companies who have been quietly using patent trolls to do their dirty work.

“There’s no time to waste. Patent trolls won’t stop on their own, and we need all the ammunition we can get.

“Launch subpoenas!”

Several years ago there was pressure on the FTC. It seemed too reluctant to do anything about patent trolls such as Intellectual Ventures, which had heavily lobbied the government along with Bill Gates. Hopefully things are about to change.

The bottom line is, the resolution lies within patent scope. But it’s also important to comprehend how Microsoft attacks Linux by proxy, not just in secrecy by means of extortion.

« Previous Page« Previous entries « Previous Page · Next Page » Next entries »Next Page »

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 Channels: Come and chat with us in real time

New to This Site? Here Are Some Introductory Resources

No

Mono

ODF

Samba logo






We support

End software patents

GPLv3

GNU project

BLAG

EFF bloggers

Comcast is Blocktastic? SavetheInternet.com



Recent Posts