Bonum Certa Men Certa

USPTO: Eliminating Young Companies While Defending Abuse by Giants

Demands for a patent system reform are very loud nowadays. To pick some headlines and stories from yesterday:

Google: Kill all the patent trolls



So, even a company that has begun thriving in search-related patents is getting fed up.

Google's head of patents believes the U.S. patent system is "in crisis".


RealNetworks Case Highlights Sea-Change In Patent Law



Once again, we see the KSR decision coming into play.

"I can tell you that as a result of the KSR decision, we are receiving new training to determine how we process patent applications," Locker said. "Right now it's an open question as to how it will impact us. But it very well may mean that it will be a lot tougher for people to get patents."


Microsoft and Xen and Patent Leadership



This one comes from a consultant who denounced Microsoft's "patent terrorism".

A quick check of the USPTO patent database can give us a initial inexact feel for the space:

  • Patents with VMWare as the assignee (22)
  • Patents with Microsoft as the assignee (7117)
  • Patents with Microsoft as the assignee and containing "virtualization" (20)
  • Patents with Advanced Micro Devices and containing "virtualization" (4)
  • Patents with International Business Machines and containing "virtualization" (130) !!!
  • Patents with SWSoft as assignee and containing "virtualization" (2)
  • Patents with SWSoft as assignee [SWSoft makes Parallels] (6)
  • Patents with Intel as assignee and containing "virtualization" (100)


[...]

To date their competitors keep rolling positional hand grenades out into the field and the Microsoft legal team feels obliged to leap on every one of them. Mention the GPL and the Microsoft legal team runs screaming with their hair ON FIRE (to borrow a phrase from Eben Moglen's great Ubuntu Live keynote.)


Advertising that is relevant to a person - classic case of patent trolling



Microsoft is always a step ahead when it comes to abusing the patent system.

Patent application Advertising that is relevant to a person just filed by Microsoft is a splendid example of patent abuse or patent trolling.


Is the U.S. patent system in crisis? Apple, Google patent czars disagree



As I've always suspected, Apple is not so different from Microsoft when it comes to habits which defend dominance.

Chip Lutton, Apple chief patent counsel, said at a conference at Stanford University that the United States patent system is not broken and he's not sure there's a crisis.


Time Warner and IBM Enter Patent Cross-License Agreement



IBM is no angel either, but what else would you expect from large and long-established companies?

Patent cross-licenses support one of the basic reasons for granting patents -- sharing information about new inventions -- and give companies greater freedom to innovate.


What freedom to innovate? Every startup is scared. This is nothing but a system that discourages competition and gives rise to an oligopoly. Just to illustrate this point, here is some older (and highly disturbing) news where a report gets 'hijacked' by large companies.

A report published by an EU task force on intellectual property claims that small businesses benefit from a patent system, despite lacking almost any participation by the small business community.

Instead, the report, titled IPR (intellectual property rights) for competitiveness and innovation, was written up almost entirely by large corporations and the patent industry.

[...]

The report does note objections from the likes of patentfrei.de and Sun Microsystems, which were recorded at some length in the report. But this does not appear to have impacted the conclusion of the report in any way

[...]

Jean-Pierre Laisne, of ObjectWeb, an open source software community, said that he found the report useless: participants were told that all their contributions would be recorded but at the end only those of Business Software Alliance and Microsoft were used.

Recent Techrights' Posts

Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
 
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024