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12.03.18

The Intellectual Property Owners Association (IPO) and IBM Are Part of the Software Patents Problem in the United States

Posted in IBM, Patents, Red Hat at 7:00 pm by Dr. Roy Schestowitz

Ginni Rometty

Photo source (modified slightly): The 10 Most Powerful Women in Technology Today

Summary: IBM’s special role in lobbying for software patents (and against PTAB) needs to be highlighted; even Ethereum’s co-founder isn’t happy about IBM’s meddling in the blockchain space (with help from Hyperledger/Linux Foundation)

IBM keeps pursuing all sorts of bogus software patents on “blockchains” (a hype wave nowadays surfed by the EPO and USPTO). As can be expected, given our lack of loyalty to any company (we have no sponsors), we very often write about IBM as a patent menace, undermining programming with software patents advocacy and stockpiling of such bogus patents. Last week we stumbled upon this new article titled “Ethereum Co-founder Sounds Off On IBM Blockchain” and it said this, citing Quartz:

Ethereum’s co-founder doesn’t seem impressed with the IBM blockchain.

The company has been among the firms investing both money and mind power into blockchain, evidenced by a string of announcements over the last several months — in a drive to file scores of blockchain-related patents. In fact, IBM is tied with Mastercard for the second-highest tally of blockchain patents in 2017. The company said its blockchain platform has more than 400 clients, using Hyperledger Composer and Hyperledger Fabric. Among recent announcements, the company had a patent accepted to use blockchain for database management.

However, Co-founder Vitalik Buterin, who spoke with Quartz on the sidelines of Devcon4, isn’t thrilled with IBM’s moves.

“I don’t understand this deeply, but the detail that jumped out at me is they’re saying, ‘Hey, we own all the IP and this is basically our platform, and you’re getting on it.’ And like, that’s … totally not the point.”

IBM’s acqusition of Red Hat worries us somewhat because of Red Hat’s software patents. What will be the fate of these patents in IBM’s hands?

We never forgot how IBM leveraged the Intellectual Property Owners Association (IPO) for software patents lobbying in the US. They created a dedicated “taskforce” for this [1, 2].

Another stacked panel of IPO was advertised over the weekend; it is a propaganda mill and front for IBM among other software patents proponents who loathe PTAB as it invalidates software patents by merely applying 35 U.S.C. § 101 or the law (based upon SCOTUS). Notice who’s in this “webinar”; just three law firms: “Gasper LaRosa of Jones Day, Brian Murphy of Haug Partners LLP, and Dorothy Whelan, Fish & Richardson” (they speak about PTAB, which invalidates a lot of software patents).

“The registration fee for the webinar is $135,” it says. Wasting money to be lied to or get indoctrinated?

11.15.18

Ignoring and Bashing Courts: Is This the Future of Patent Offices in the West?

Posted in America, Australia, Courtroom, Europe, IBM, Patents, Red Hat at 11:03 am by Dr. Roy Schestowitz

President Battistelli went as far as publicly attacking and threatening judges — the hallmark of President Donald Trump

Trump and Iancu

Summary: Andrei Iancu, who is trying to water down 35 U.S.C. § 101 while Trump ‘waters down’ SCOTUS (which delivered Alice), isn’t alone; António Campinos, the new President of the EPO, is constantly promoting software patents (which European courts reject, citing the EPC) and even Australia’s litigation ‘industry’ is dissenting against Australian courts that stubbornly reject software patents

BOTH the European Patent Office (EPO) and the U.S. Patent and Trademark Office (USPTO) have been granting software patents in spite of 35 U.S.C. § 101 and in spite of software patents in Europe being de facto banned (bar loopholes that António Campinos is happy to exploit and even expand).

“This merely lowers confidence in US patents and, accordingly, lowers their collective worth.”Mr. Iancu, the ‘American Battistelli’, will soon be a speaker at the IP Awareness Summit (IPAS), which is an indoctrination/lobbying campaign set up by parasites who cause as much litigation as possible, making themselves ‘necessary’. IPAS is promoted by various sites of patent lawyers this week. Here’s one that takes note of Iancu’s participation:

US Under Secretary of Commerce for Intellectual Property and Director of the US Patent and Trademark Office (USPTO), Andrei Iancu, will speak at the event.

Looking at the past week’s news regarding software patents, we can’t help but notice that the Andrei Iancu-led Office is again issuing fake patents or software patents that courts would almost certainly reject. They just never learn, do they? This merely lowers confidence in US patents and, accordingly, lowers their collective worth. Here’s a new press release about a new patent grant on how to “correlate across static analysis so that development teams can fix one bug, push this fix down the line, and seamlessly remediate multiple vulnerabilities within the code.”

“Looking at the past week’s news regarding software patents, we can’t help but notice that the Andrei Iancu-led Office is again issuing fake patents or software patents that courts would almost certainly reject.”How is that not a software patent? IBM, we should probably add, is still patenting software. Red Hat’s takeover is not looking good in light of IBM’s software patents policy, which remains unchanged. IBM’s software patents (or filings thereof) on management of patents have gotten a ton of press coverage; earlier this week there were over a dozen articles like [1, 2, 3, 4, 5, 6, 7, 8], probably because of the “Blockchain” factor alone. The patent trolls’ lobby (IAM) thinks that IBM will use/adopt Red Hat patents in the usual ways (IBM is a longtime patent bully). “The open source business’s portfolio is not big,” IAM wrote about Red Hat’s patents, “but should bolster Big Blue’s attempts to bridge the gap with Amazon, Google and Microsoft in a space that is rapidly growing in importance.”

Red Hat should never have pursued software patents in the first place; now all these patents are at the hands of the corporation that lobbies the most for software patents. We warned about it. Some Red Hat employees even sympathised with our warnings.

“Red Hat should never have pursued software patents in the first place; now all these patents are at the hands of the corporation that lobbies the most for software patents.”Over at the EPO the situation isn’t so promising either because earlier today the EPO once again promoted (as usual) software patents using hype waves (like “Blockchain”). “This conference will explore the IP protection & patenting of #blockchain technology and of its applications in different technical fields,” it said. It’s about software patents. It also did the usual “SDV” thing, writing: “European patent applications related to autonomous driving have grown 20 times faster than those across all technologies.”

Many of those are software patents pertaining to algorithms running on a computer inside a car. The EPO hopes that by emphasising “cars” it’ll successfully make such algorithms look/sound “physical” or “technical” or whatever.

We should probably mention, at least as a side-/sub-note, that SUEPO has removed yesterday’s post about USF (covered in this post of ours). Did the EPO under António Campinos once again threaten them? It happened before. If someone with contacts/connections to SUEPO can ask them why they removed that page and then tell us, we’ll appreciate it. If SUEPO was forced to remove links about unions, there would be something poetic about it (like censorship of information about censorship).

“It is noteworthy that in some of the largest “Western” economies (we recognise that Australia isn’t in the West, but it’s heavily influenced by the Western ‘bloc’) the courts say “no!” to software patents, yet the only ones complaining about that are those who profit from litigation.”Last but not least, posted behind paywall today was this piece titled “Computer Software Inventions Patentability Case Has Got IPTA’s Patents in a Bunch” (slang). It says: “A high profile appeal to the Full Court of the Federal Court of Australia about the patentability of computer inventions could reset the IPTA’s bar on the…”

As a reminder, the Australian legal system nowadays rejects software patents (see our wiki under Australia), so Macpherson Kelley’s Mark Metzeling and Mitchell Willocks (i.e. the patent litigation ‘industry’) keep bashing courts etc. to promote bogus patents and IPTA's clients. It is noteworthy that in some of the largest “Western” economies (we recognise that Australia isn’t in the West, but it’s heavily influenced by the Western ‘bloc’) the courts say “no!” to software patents, yet the only ones complaining about that are those who profit from litigation. They occasionally smear judges and courts (we find new examples every week).

11.05.18

Blockchain Hype Exploited by the EPO and by Patent Law Firms to Wrongly Assert Free/Libre Software Can Coexist With Software Patents

Posted in Deception, Europe, Free/Libre Software, IBM, Microsoft, Patents, Red Hat at 12:48 am by Dr. Roy Schestowitz

Summary: Managing IP and ‘Software IP’ (IAM) among other think tanks of patent trolls and litigators continue to advance a toxic agenda while the EPO openly and endlessly promotes software patents under the guise of blockchain “innovation”

THE management of the USPTO has been receiving backlash recently. Blockchain, AI and other media buzz get used to grant software patents. A lot of people aren’t happy about it. Soon, to make matters potentially worse, IBM will take over Red Hat. IBM is a strong proponent of software patents.

Last week Red Hat’s McBride was quoted as saying: “we have been very single minded about patents – we don’t see any value in them other than the deterrent impact they have…”

But that does not deter patent trolls. In fact, it doesn’t really accomplish anything.

Will things improve/change for the better any time soon? That depends. In a sense, things improved a little when Microsoft left only its patent trolls to do the battles. Microsoft will not refrain from lobbying for software patents and it still pursues some of its own (there’s a new article right now about “virtual keyboard methods for Xbox and touch” — another patent from Microsoft).

The way we see it, there’s a battle between the litigation ‘industry’ (or ‘in-house’ legal teams at large corporations) and geeks who actually write code and make things. The former group is trying to justify its existence and for that there’s a constant need for litigation (like weapons makers rely on perpetual war/conflict).

“In-house counsel from confectionery, biopharmaceutical, telecommunications, technology, plastics and medical research companies explain how they’re measuring patent worth to find cost-saving wins,” this article from a site of the litigation ‘industry’ (Managing IP) wrote some days ago. Extortion “on a budget”? This is a truly sick ‘industry’ of litigation and threats and what “cost-saving wins” means is neither cost-saving nor a win.

“AMERICAS Thirteen practitioners from McKool Smith have established a litigation boutique called Reichman Jorgensen with offices in Silicon Valley, Atlanta and New York,” Managing IP wrote around the same time. These vultures and parasites call their extortion rackets “boutiques”; McKool Smith represents a lot of patent trolls.

It has meanwhile emerged that there’s another AIPLA echo chamber lobbying event. It calls for software patents because greedy lawyers want lots of frivolous lawsuits to profit from at geeks’ expense. Ellie Mertens (Managing IP) wrote:

The software patent eligibility situation in the US is “a really high fence” that requires some sparkle to pass while the European test is drier

The software patent eligibility situation in the US is “a really high fence,” said Sarah Knight of Talem IP in a panel at the AIPLA Annual Meeting last week, “when it should be just a threshold.”

Managing IP is on the same bandwagon; just look at who sponsors Managing IP. The same goes for IAM, which ran a pro-software patents event last week. In their own words: “First session of day at our #softwareIP event focusing on patentability of software globally with great panel comprising USPTO, Amadeus, Facebook, Alibaba, Lung Tin IP and Haseltine Lake [] Jean-Francois Cases of Amadeus – 10/15 years ago it was impossible to get a software patent granted in Japan, now it’s one of easiest jurisdictions. For us right now India is hardest place to get a software patent…”

More so than Europe.

The corrupt EPO has made software patents far too easy to get. Blockchain patents (software patents) are outside the scope of European patent law, but today’s EPO routinely ignores and violates the law anyway. Here is what the EPO wrote before the weekend: “#Blockchain technology is not without controversy. You can discuss patenting it with patent specialists and blockchain professionals at this #conference: http://bit.ly/EPOblockchain18 ”

The EPO is nowadays plagued with nepotism and rapidly-declining patent quality; its founding document (EPC), European authorities and the rule of law are routinely spat at. Even insiders notice. They write about it. They sign petitions.

Even outsides complain: “Dear @EPOorg – blockchains are not device, they’re not software. “𝘉𝘭𝘰𝘤𝘬𝘤𝘩𝘢𝘪𝘯” 𝘪𝘴 𝘢 𝘧𝘢𝘯𝘤𝘺 𝘸𝘰𝘳𝘥 𝘧𝘰𝘳 𝘢 𝘱𝘢𝘳𝘵𝘪𝘤𝘶𝘭𝘢𝘳 𝘴𝘶𝘣𝘴𝘦𝘵 (merkle trees) 𝘰𝘧 𝒑𝒖𝒓𝒆 𝒎𝒂𝒕𝒉! There’s no software involved, it doesn’t require computers. Pen & paper works too…”

Yes, blockchains aren’t exactly new; few people understand the underlying concepts and the EPO exploits that. Here again the EPO is promoting software patents ever so shamelessly. That’s just merkle trees: “What are the main challenges in patenting #blockchain & its applications? Experts will discuss that and their solutions at this event we’re co-hosting with @GoI_MeitY: http://bit.ly/indoeur pic.twitter.com/hZjqGCr4Sn”

The mentions of blockchains are endless at the EPO. Here again the EPO does it: “Are you involved in #patents and #blockchain developments? Then this is the event to attend!”

The management of the EPO does not understand blockchains (the people at the top are not scientists and they were selected for nepotism); it got a lot worse under António Campinos, who is merely a quieter version of Battistelli.

IAM wrote: “Amadeus’s Cases – in Europe our experience is that once an examiner has made up their mind on an application it’s very hard to change it…”

Examiners at the EPO simply lack the time to properly assess applications. We know it because they say so, usually anonymously.

Notice what the EPO wrote some days ago: “Elke von Brevern, PCT Expert at the EPO, and Richard Garvey, Key Account Manager at the EPO, will tell you how you yourself can make the PCT system more efficient. Join them in Washington…”

And Houston, Texas. Yes, also in Texas, where many law firms work with patent trolls. Notice what the EPO has turned into and who it’s attempting to appeal to. Where next? Dallas? This latest roundup from “Dallas Invents” contains a lot of software patents (also creepy ones like “Apparatus and method for deploying an implantable device within the body”).

Today’s EPO is very much on board with patent trolls’ agenda and IAM’s too. Citing Alibaba’s Roger Shang, IAM wrote about software patents again; “we don’t see a contradiction between open source and patents,” Shang is quoted as saying. That’s a lie.

Alibaba was also mentioned a few days ago in relation to patents on blockchains, not in China (where software patents are permitted) but in the US. “Alibaba Files Patent For Blockchain System,” says the headline. So these ridiculous software patents from China have spread to the West with Campinos and Iancu eager to allow software patents. From the article: “Chinese e-commerce conglomerate Alibaba has filed a patent application with the U.S. Patent and Trademark Office (USPTO) for a blockchain based system that allows a third party administrator to intervene in a smart contract in case of illegal activities. The USPTO published the patent application on October. 4, 2018.”

Alibaba Group is a big “client” to the USPTO, so we won’t be surprised to see such patent applications accepted. Doubling down on the lie above, days ago we saw a new article titled “10 Things to Know About The Intersection of Blockchain Technology, Open Source Software, and Patents”. Complete nonsense right from the get-go or the headline, courtesy of Sheppard Mullin Richter & Hampton LLP. Blockchain patents are fake patents that would be rejected by courts and these patents are clearly not compatible with the distribution model of Free/Open Source software. The article says: “This set of issues is important now because blockchain technology is on the verge of mainstream commercialization and much of it relies on open source software. As with any technology where there is rapid innovation, the number of patents being filed and obtained is increasing. The interplay between patents and open source is often confused. The recent changes to the scope of patentable subject matter under U. S. patent laws have created uncertainty over what is patentable. This is particularly true with respect to blockchain-based inventions and how innovations in this space are disrupting business processes.”

This is misleading because those things (what they call “blockchain-based inventions”) have always been around to some degree. Terminology may have changed, but like “cloud” there’s a hype explosion and it’s mostly associated with a word, not substance. These patent law firms are trying to destroy software development and they’re misleading people by saying software patents are OK if you say “blockchain”. Mind this days-old spammy press release, published under the headline “Can You Patent the Blockchain if it is Open Source?”

The actual text starts under “Why Businesses using Blockchain Technology are Filing for patents and Other Useful Info about Software Patents” (after that they merely promote their services). We’re assuming that they hope people may search the Web, perhaps searching for “Blockchain” and “Open Source”, then give them a call.

Here’s another new one: “10 Lessons On Blockchain And Open-Source Licenses”

So says Law 360‘s James Gatto and the patent ‘industry’ when they try to impose software patents on Free/Open source developers, mainly by using hype waves. “On their own,” Gatto says, “blockchain technology, open-source software and patents each present legal issues that are often complex and frequently misunderstood. When combined, the complexity and misunderstandings of these three topics are…”

The only real connection between these three is that a lot of code associated with blockchains is Free/libre software and companies try to take control by claiming monopolies on the algorithms — something which they should not do.

10.30.18

IBM- and Microsoft-Backed Patent Troll Strikes Again and IBM’s Lobbyist for Software Patents Has Just Defended Patent Trolls (Again)

Posted in GNU/Linux, IBM, Microsoft, OIN, Patents, Red Hat at 9:56 am by Dr. Roy Schestowitz

Related: IBM, IPO, AIPLA, ABA and Other Lobbying/Front Groups of the Patent Microcosm Are Trying to Change US Law for Software Patents

David Kappos as lobbyist

Summary: With IBM and Microsoft having lots of commonalities when it comes to patent policy and exploitation of the law (both employed similar people too, notably Marshall Phelps and David Kappos, former Director of the USPTO), concerns should be raised in light of the latest lawsuit from the patent troll they support

FORGET the nonsense about OIN and LOT Network; OIN does nothing to shield anyone from trolls or proxies, which Microsoft is leveraging to sell “Azure IP Advantage” [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21]. It’s also difficult to forget Microsoft’s role in the SCO lawsuit, which is still ongoing (more than a decade and a half now) and primarily targets IBM.

“It is quite worrying to see IBM- and Microsoft-employed lobbyists publicly defending patent trolls on the very same day an IBM-armed and Microsoft-funded patent troll uses software patents for blackmail.”According to patent boosters, who took note of it pretty fast and linked to reports, patent troll Finjan, fueled by the new owner of Red Hat, backed and financed by Microsoft, filed another lawsuit. We had spotted the original press release within hours upon publication and it said this:

Finjan Holdings, Inc., (NASDAQ:FNJN), a cybersecurity company, today announced that — after nearly two years of good faith efforts to resolve a patent dispute with Fortinet, Inc. ( “Fortinet”) — its subsidiary Finjan, Inc. (“Finjan”) has filed a patent infringement lawsuit against Fortinet, Inc., a Delaware corporation with headquarters in Sunnyvale, California, in the U.S. District Court for the Northern District of California.

Finjan filed the Complaint (Case No. 3:18-cv-06555), on October 26, 2018, and alleges that Fortinet’s products and services infringed or are infringing at least nine of Finjan’s U.S. patents. Specifically, Finjan asserts that Fortinet’s FortiGate, FortiManager, FortiAnalyzer, FortiSiem, FortiSandbox, FortiMail, FortiWeb, FortiCache and FortiClient technologies, including Fortinet Security Fabric Platform products infringe U.S. Patent Nos. 6,154,844; 6,965,968; 7,058,822; 7,418,731; 7,647,633; 7,975,305; 8,079,086; 8,225,408; and 8,677,494 (collectively “the Asserted Patents”). Finjan is seeking, among other things, a jury trial, past damages not less than a reasonable royalty, enhanced damages for willful, wanton and deliberate infringement, and reasonable attorneys’ fees and costs for infringement of each of the Asserted Patents. Additionally, Finjan is seeking preliminary and permanent injunctive relief against Fortinet and those in privity with them, from infringing and inducing the infringement of the ‘968, ‘822, ‘731, ‘633, ‘305, and ‘408 Patents.

These are software patents. So the same month that Microsoft said it had reached patent “truce” with GNU/Linux its patent troll Finjan is filing yet another lawsuit against Microsoft’s rivals. It’s as if nothing at all has changed except Microsoft’s lies embedded all over the media (something about “protecting Linux” and “open-sourcing patents).

Meanwhile, the lobbyist David Kappos (sponsored by Microsoft and IBM after he had run the USPTO) is promoting software patents and patent trolls (like Microsoft’s and arguably IBM). He uses the euphemism non-practicing entities (NPEs) and published this article yesterday in what’s likely the largest site on the topic, saying:

The recipe for swinging the pendulum of patent law towards weaker patent rights is simple: Start with a generous warning about the scourge of low quality patents, stir in a skosh of fear mongering regarding non-practicing entities (NPEs) asserting those patents, then apply heat with predictions of lost jobs and threats to innovation, publicize in a blog, speech or article, and there you have it!

Just like the Trump-appointed Director Iancu he seems to be denying there’s a problem. Earlier this month Iancu came under a lot of fire, especially from front groups of technology firms large and small, after he had insinuated that patent trolls aren’t a problem or don’t even exist (they’re a ‘fiction’ or ‘fake news’). It is quite worrying to see IBM- and Microsoft-employed lobbyists publicly defending patent trolls on the very same day an IBM-armed and Microsoft-funded patent troll uses software patents for blackmail. Need we add that on the same day IBM also announced that it bought or agreed to buy all of Red Hat’s ‘defensive’ patents, which include software patents? The Federal Circuit typically finds that those patents are invalid (if the case reaches that far, at great expense to the defendant).

10.05.18

Microsoft Uses LOT Network to Spread Lies and Promote Its Protection Racket

Posted in Deception, Marketing, Microsoft, Patents, Red Hat at 2:21 am by Dr. Roy Schestowitz

An aggregator (DPA) or a vision so shallow that even Microsoft can enlist

LOT Network: A WHOLE LOT OF SOFTWARE PATENTS

Summary: A Red Hat- and Google-centric aggregator of software patents adds Microsoft as a member even though Microsoft continues to arm and fund patent trolls; the main/net effect of this move appears to be promotion of “Azure IP Advantage” (protection from Microsoft’s trolls as long as one pays Microsoft monthly fees)

THE COMPANY of endless lies is at it again, having leveraged many US patents (software patents wrongly granted by the USPTO) against GNU/Linux.

“Microsoft loves Linux” is a lie. And now Microsoft wants us to think that Microsoft battles patent trolls. This too is a Microsoft lie, albeit one that corporate media is happy to play along with, e.g. with headlines such as “Microsoft joins the LOT Network to help fight patent trolls” (a lie, the latter part in particular).

Deducted from fact-checking is the abundant evidence which is widely available, such as Microsoft’s patent troll Intellectual Ventures, which is the world’s largest. We wrote about it as recently as yesterday. The dedicated Microsoft propaganda sites (these sites’ names give that away) promote the same fiction that Microsoft is against patent trolls. Just don’t let facts get in the way…

There’s also this batch of hours-old headlines about patents Microsoft can and possibly will use against Android OEMs [1, 2, 3]. Microsoft loves its patents and it actively uses them for litigation and shakedown purposes.

So what explains this lunacy we saw yesterday evening in the media? This press release [1, 2] from Microsoft started it. It is a lie because Microsoft actively contributes to patent trolls and their attacks, but the title of the press release says Microsoft wants to “Protect its Community Against Patent Troll Attacks” (whose patent trolls and which community?).

It didn’t take long for Red Hat to play along with this publicity stunt that misleads. Remember that Red Hat hires managers from Microsoft (it’s well documented), so Red Hat will defend its shareholders rather than the Free software community. Red Hat is also still applying for software patents while propping up LOT Network, which is not the solution at all. This is what Red Hat said about its beloved LOT Network:

We are excited to see Microsoft – a top 10 recipient of U.S. patents – announce today it is joining the LOT Network (LOT), a company we helped form. Since 2014, Red Hat and other top companies around the world have come to recognize LOT as an innovative response to patent assertion entities (PAEs). Microsoft is a welcome addition to LOT’s almost 300 members, which together hold more than one million patent assets.

[...]

Red Hat is committed to LOT’s mission and to broadening its reach. We believe that LOT is a significant tool in weakening the threat that PAEs pose to operating companies, including those that distribute free and open source software. We are pleased Microsoft has joined our ranks, and look forward to working with them to expand the reach of LOT.

As we explained a few months back, LOT Network had become somewhat of a joke because it is a proponent of software patents. It’s like its purpose is to protect software patents from the community’s scrutiny rather than protect the community from software patents. It is, in that regard, somewhat similar to OIN. Earlier this week [1, 2] we showed that Microsoft’s patent trolls are still attacking Microsoft’s rivals in new lawsuits, so how can the company pretend to have changed its strategy? Erich Andersen (Microsoft) says they’re “helping to lead the way toward addressing the patent troll problem” (but Microsoft actively contributes to this problem!) and yet LWN framed it as follows: “Microsoft has announced that it has joined the LOT Network, which is an organization set up to help thwart patent trolls by licensing any member’s patents to all members if they end up in the hands of a troll.”

But Microsoft itself does exactly that, e.g. passing Nokia‘s patents to this troll in bulk. Microsoft’s site, which LWN cites for its “facts”, says this:

We are pleased to announce that Microsoft is joining the LOT Network, a growing, non-profit community of companies that is helping to lead the way toward addressing the patent troll problem, an issue that impacts businesses of all sizes.

Microsoft has seen this problem firsthand. We’ve faced hundreds of meritless patent assertions and lawsuits over the years, and we want to do more to help others dealing with this issue. In most cases, the opportunists behind these assertions were not involved in the research and development of the ideas that came to be embodied in patents. Many do not even understand the technical concepts described in them. In the most extreme cases, we’ve seen mass mailings and campaigns to extract value from small businesses who are not equipped to understand patents. Although these problems are less acute in the US today than in the past, in part because of changes in the law, the challenge persists for many businesses. Entrepreneur magazine cited a recent study showing that 40 percent of small companies involved in patent litigation reported “significant operational impact” from those suits, which some described as a “death knell.”

It then mentions Microsoft’s protection racket [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21], known as “Azure IP Advantage” (same as the scheme Microsoft set up with Novell). There’s ‘special’ protection from trolls only for those who host with Azure. It’s like GNU/Linux users need to reach a patent settlement with Microsoft, paid in several installments (Azure subscription). With a host like Amazon/AWS one risks patent lawsuits, albeit not from Microsoft directly.

Mary Jo Foley, a career Microsoft booster (for well over a decade), perpetuates Microsoft’s misleading claims and promotes their extortion racket, which Andersen introduces as follows:

This also means we are continuing on the path we started with the introduction of the Azure IP Advantage program in 2017. As part of that program, Microsoft said that it would defend and indemnify developers against claims of intellectual property infringement even if the service powering Azure was built on open source. We also said that if we transferred a patent to a company in the business of asserting patents, then Azure customers would get a license for free. Our LOT membership expands this pledge to other companies in the LOT network.

So they’re basically saying, “host everything in Azure (even GNU/Linux) and you’ll be safer from trolls” (“even the trolls that we’re funding and arming”). This is, for the most part, just a marketing opportunity for Microsoft. It also helps distort the record, e.g. on Microsoft’s major role in sponsoring and giving patents to patent trolls. How long before Jim Zemlin congratulates Microsoft?

09.07.18

IAM Media Engages in Trademark Violations While Trying to Misrepresent Free/Open Source Software in Relation to Software Patents

Posted in Free/Libre Software, IBM, Intellectual Monopoly, Law, OIN, Patents, Red Hat at 4:08 pm by Dr. Roy Schestowitz

The “I” in IAM stands for “Infringement” (apparently)

Summary: The site/group which is trying to lecture us all about “intellectual” “property” is itself failing to respect the relevant laws; to make matters worse, it’s liaising with groups of proprietary software vendors to mislead the public about the relationship between Free/Open Source software (FOSS) and patents, notably software patents

THIS post is about Battistelli’s friends at IAM, which habitually whitewashed EPO scandals and is generally promoting patent trolls’ interests. We’ll have a lot more to say about it this coming weekend.

This quick post is about something which happened earlier today.

The IAM account in Twitter said: “Can open source and patents coexist? That’s what experts from #OpenInventionNetwork, @Workday, @Uber and @RedHat will be discussing at Software IP on October 30 in San Francisco. Get your ticket here http://bit.ly/2QatL0l #SoftwareIP pic.twitter.com/OBUmBrBQqW”

Well, Red Hat is pursuing software patents but calls them "blockchains" amongst other thing; the rest of those in attendance are obviously misfits. Answering the question “Can open source and patents coexist,” of course they cannot, but OIN and the others want them to because they’re proprietary software companies and their front groups. They don’t care about Free software or freedom. They also perturb the meaning of Open Source to suit a primarily proprietary agenda.

IAM is a think tank of patent trolls, Microsoft’s patent trolls included. It also fronts for the patent microcosm, patent litigation ‘industry’ etc. They won’t allow people to use the “F word” (freedom). It didn’t take long for Simon Phipps (OSI President) to say: Interesting there’s no-one from OSI or FSF speaking.” He copies in the OSI and the FSF, the Free Software Foundation’s chief to be more specific or exact.

“By the way,” added an observer, “it got me thinking, isn’t this a case of trademark infringement of OSI’s Logo ? Doesn’t seem to fit those clear guidelines…”

That links to the OSI’s Web site.

Benjamin Henrion then joked that “the (R) has been removed at least.”

So now we know how IAM really feels about “intellectual” “property” (what it calls copyrights, trademarks and patents as though they’re all the same thing). Well, they have since then deleted this tweet, perhaps realising just how serious;y embarrassing this was; thankfully we made a copy and here is a copy of the image from their deleted tweet (the tweet’s text is quoted above):

IAM trademark

They make it seem as though “Open Source” is all giddy about patents. They did this before too. Why does the OSI even participate in anything with such a nefarious lobby group? That says a lot about OIN (nothing positive). We mentioned this before.

09.02.18

Cryptocurrency Patents Are Bogus (Abstract) Patents and Red Hat Ought to Quit Pursuing Blockchain (Software) Patents

Posted in America, Patents, Red Hat at 10:36 pm by Dr. Roy Schestowitz

The ‘patent-printing’ machine just carries on printing

Cryptocurrency printing

Summary: With cryptocurrencies and with blockchains receiving a lot of buzz we’re also seeing patents being granted on them, never mind if such patents are clearly abstract and thus not patent-eligible

THE fact that when one says things like "blockchain" we're supposed to be astounded and impressed (and grant a patent) is deeply problematic. The USPTO certainly knows that these are abstract patents, but it grants these anyway. CryptoSlate (one among many sites that are cryptocurrencies-centric) reveals yet another cryptocurrencies patent; those are actually being granted, not just pursued (with an application). Bogus software patents are still being granted by the Office and there’s no sufficient public scrutiny.

There have been many articles like this one from Helen Partz about Bank of America’s “blockchain” patent applications and awards. Why don’t people point out that Section 101 would likely void these? Maybe they just don’t know about Section 101…

Here’s the more disturbing thing: Red Hat has become part of this problem. Cloud Pro and a few other publications mentioned that last week. Red Hat does not combat software patents (not anymore); Instead, Red Hat has become part of the problem and it is nowadays patenting “blockchain” stuff. It has been a long time since we saw Red Hat doing anything against software patents. Here’s one article among several on this subject:

Red Hat is reportedly considering using blockchain to track customer use of its cloud service in real time.

A patent filed with the US Patent and Trademark Office explains how the company would track transactions on its platforms to bill customers based on their usage. Because records in a blockchain can’t be changed, the data could be more accurate than using other methods.

“The examples record, in a blockchain, a billing rules transaction that identifies usage rules for one or more software instance types for a timeframe. Authorised transactions that identify software instances that have been authorised to execute during the timeframe are also recorded in the blockchain,” the filing explained.

How can Red Hat not see that it’s emboldening the USPTO to grant software patents?

Harish Pillay from Red Hat told me: “You are completely missing the point. It is a defensive patent needed to be done because the USPTO is broken.”

I responded with: “Who would that supposedly defend against and how?”

He never replied. So I assume he realised that this was going nowhere; not only do these Red Hat patents pose a considerable risk in case of a takeover (which is likely in the distant future); they also don’t counter-balance anything, certainly not when trolls confront Red Hat (which isn’t so unusual).

06.01.18

Three Years After Openwashing Its Patents Panasonic Gives These Patents to Patent Trolls

Posted in Deception, Microsoft, Novell, Patents, Red Hat at 1:06 am by Dr. Roy Schestowitz

A reminder of how worthless and futile patent pledges can be in practice

Panasonic

Summary: Panasonic has begun feeding large patent trolls and a Microsoft-connected law firm frames the victims of Microsoft’s patent trolls as the principal threat, not the trolls themselves

REMEMBER Novell’s promises regarding patents? Well, Microsoft has those patents now (they’re under CPTN). What about Red Hat, which claims to have established a patent “standstill” with Microsoft?

“Basically, all those patent pledges or promises are worthless; they’re a way of keeping one’s cake while eating it in the back room.”Well, Red Hat is still pursuing actual software patents at the USPTO. What does that tell us about Red Hat? Truth be told, the only way to ensure these patents don’t pose a danger is to altogether eliminate them, not make some pledges (mere words on paper that can be thrown away in case of a takeover, even if not especially a hostile takeover). Basically, all those patent pledges or promises are worthless; they’re a way of keeping one’s cake while eating it in the back room. They reserve the right to pass such patents around.

Not too long ago Panasonic was openwashing its patents. We were highly sceptical of Panasonic at the time and very critical of all the media which repeated the claims from Panasonic. It turns out that we were right because Panasonic finally gives a lot of these to patent trolls. Re-armament by Canada’s truly massive patent troll WiLAN has just been reported in this press release; the patents are handed over to a subsidiary (proxy) of the troll:

Wi-LAN Inc. (“WiLAN”), a Quarterhill Inc.(“Quarterhill”) company (TSX: QTRH) (NASDAQ: QTRH), today announced that its wholly-owned subsidiary, Security Video Camera Systems, Inc., has acquired a portfolio of patents from Panasonic Corporation (“Panasonic”). The portfolio contains 34 patent families comprising 96 patents worldwide. The acquisition was made under WiLAN’s partnership program which features the sharing of revenues generated from a licensing program.

We wrote about Wi-LAN last month; Canada needs to get these thugs under control.

Meanwhile, as per this Microsoft-connected firm (Shook, Hardy & Bacon L.L.P. is the firm of Microsoft’s former patent chief), “Cloud Cybersecurity Solutions Under Siege From Patents, Again: Cybersecurity Companies Protect Customers From Malicious Attacks, But Can They Protect Themselves?”

Jonathan Barnard writes (at the very end):

Regardless of the outcome in this case, the question still remains–while companies like Symantec and Trend Micro continue to protect their customers from malicious cloud-based cyber-attacks, can they protect themselves from the continued onslaught of competitor-based lawsuits? Trend Micro may have an “easier” time protecting its cybersecurity solutions and IP as it’s currently only facing patent infringement litigation on one front from CUPP. The task may prove more difficult for cybersecurity giant Symantec however, since in addition to playing defense in a patent infringement lawsuit against Finjan, it’s also playing offense by enforcing several of its own web security, threat prevention, and antivirus patents against other cybersecurity competitors like Zscaler.

Funny how this Microsoft-connected firm neglects to mention the Microsoft-funded patent troll Finjan (in the same space, security) until the very end. They make some of the victims of this troll (i.e. companies that actually make something) seem like the biggest risk. Isn’t that an odd reversal? A self-serving one for sure…

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