Bonum Certa Men Certa

Microsoft Bullies Over Software Patents, Takes a Hit Also

Ammunition for more crocodile tears

Yesterday we published somewhat a complaint against rcpmag.com for being part of Microsoft's mighty media powerhouse, which is self serving of course. Referring to the Avistar situation which we mentioned here before [1, 2, 3], that very same magazine now criticises Microsoft for a change.

Avistar's Tale: Microsoft Shows Its Dark Side



[...]

Whatever. Sorry, Microsoft, but you're not looking too good in this scenario. This is the dark side of Microsoft, the side we've told you about in the magazine, the side that brings out the critics and the haters and the antitrust hounds. This is Microsoft trying to prey on a struggling company that happens to have some attractive IP and litigate that company into oblivion before draining its lifeblood.

There's free-market capitalism, and then there's predatory business practices. Sometimes it can be difficult to distinguish between the two, but this falls into the latter category, as far as we can tell. And while we know that Microsoft (along with lots of other big vendors -- most others, really) is no stranger to that sort of thing, it doesn't make it any less disturbing.

Moss said that some of the anti-Microsoft brigade has come to his aid, but mostly with moral support. "We're in a bar; some guy's hitting us with a baseball bat, and they're all going, 'Come on, Simon! Hit him back!'" Moss said of some of his company's well-meaning allies. "That's about it. I've got nothing but an ice cream cone."


But that's just the tip of the iceberg when it comes to Microsoft's unpleasant encounters with software patents. Just watch what is coming in Microsoft's direction.

After a jury verdict that z4’s patent was infringed and not invalid, the Eastern District of Texas district court ordered Microsoft to pay over $100M in damages to the patentee (a small Michigan company) The award was affirmed by the Court of Appeals for the Federal Circuit (CAFC).


And watch what happened the day beforehand. This was anticipated.

Microsoft Corp., the world's biggest software maker, was told to pay $368 million after a jury found it infringed two patents owned by Alcatel-Lucent SA for touch- screen form entry and use of a stylus on computers.


The development is also covered in this short bit of text, so in case you want to explore the case further, you can. It will certainly return to the headlines in the near future because the impact is high.

Fortunately enough, the rules in the Eastern District of Texas do not apply to the rest of the world. This district does, however, manage to pull a multi-national Germany company like SAP and give it hell, as we reported only a couple of days back. Meanwhile, over in Germany, the very opposite type of action is taken, as just reported by Heise Online.

The European Patent Office (EPO) has revoked patent number EP1040428 for a procedure for computerised prepress. According to printing news site Beyond Print the verdict is binding, but not yet legally enforceable. The reasoning behind the verdict has not yet been released.

[...]

The three companies took action against VistaPrint because they viewed data exchange as being of vital significance for the printing industry. The EPO started examining the case in January.


The EPO has truly been maintaining some sanity here, but across the Atlantic you now find this report about the Bush Administration antagonising the patent reform. Who pays those people???

Bush Administration Speaks Against Patent Overhaul



U.S. Senate negotiators are getting closer to hammering out disagreements that are holding up a patent system overhaul, but President George Bush's administration still has concerns about the bill, an administration official said Friday.

[...]

In order for the USPTO to improve the quality of patents granted, "the system must focus on the quality of applications," Secretary of Commerce Carlos Gutierrez said in a letter to senators dated Thursday. "Stated simply, our innovation system can no longer afford the time and the cost of heavily subsidizing poor quality patent applications, which crowd out our most important innovations."

Each applicant applications costs the USPTO US$4,200, while basic filing fees are under $1,000, Dudas added. "It's very easy to apply for something while doing only minimal work," he said.


The decision on patents is probably doomed to remain political. Remember the golden rule: those who have the gold make the rules. It leaves the system in a chicken-and-egg situation, so serious toppling may be needed. Maybe it's even coming soon.

Comments

Recent Techrights' Posts

Links 13/12/2024: Military Buildup Around Taiwan, More Health Problems Associated With Social Control Media Illuminated
Links for the day
[Teaser] The EPO is Still Calling Monopolies "Products"
Coming soon
Why We Cover the Topics That We've Long Focused on (by Choice)
We'll continue to cover suppressed issues because such issues are usually obstructed
[Meme] The Reasonable Man
"The reasonable man adapts himself to the world"
International Troll Alert by Helen Plews
Helen Plews from Cybershow has this new article
The FSF (Free Software Foundation, Inc.) Can Reach Its Funding Goal of $400,000. This Bothers the Imposters and Foes of the FSF.
Software Freedom is something we must perpetually fight for
Linux Foundation Pays for LLM Slop (Puff Pieces Made by Bots) About the Linux Foundation
The so-called Linux Foundation is responsible for the production of spam and slop
General Consultative Committee (GCC) Meeting at the European Patent Office (EPO) Shows Existing Problems
the "real problems" and why "digitalisation" doesn't solve them
 
Gemini Links 13/12/2024: "Virtue Signaling", Gopher, HTML and the 90s Web Aesthetic
Links for the day
Maybe - and Hopefully - More News Sites Will Go "Static" (More New Material Published But Established Pages Served Directly From the File System)
Keeping things simple and light is important for the sake of scaling
[Meme] Vendor Capture for 'Civility's Sake'
"I CoCed him already"
Anonymity for Sources
At the moment we can learn about stories in person or in encrypted voice chat
What Topics We Prioritise
On fishing for topics to cover
Oligarch-Owned Media Twists the Narrative and Demands More Surveillance
Corruption is the real issue here
Windows Falls to Single-Digit "Market Share" in Benin
Windows has fallen even further
[Meme] Doing Online Activism in Social Control Media
Dictators have always loved lists
Gemini Links 13/12/2024: Creative Moods, Berkeley DB, and More
Links for the day
Microsoft Windows Falls to New All-Time Low in Guatemala (Less Than a Quarter)
When it comes to operating systems, we don't think we've mentioned it before
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 12, 2024
IRC logs for Thursday, December 12, 2024
[Meme] Leave My /home Alone
A new version of Systemd
There's a New Version of Lagrange (Gemini Reader) and Its Developer is Making an IDE/Editor
I share or reciprocate almost anything I can through Gemini Protocol
Nick's Job at OSI: Promote Microsoft, Promote Proprietary Software
This is what Microsoft pays him to do
[Meme] Award-Winning Back-stabbing Opportunists
part of the rebel alliance
Azerbaijan Rejects Microsoft
Azerbaijan seems to have very little interest in Microsoft
[Meme] You Just Grab Him by the CoC
Sponsors of Python Software Foundation... "You don't like Python's corporate sponsor?"
Explaining What Deb Nicholson Does to the Python Software Foundation
Of course the OSI, which Nicholson also occupied, still helps Microsoft attack copyleft
IBM Said to Be Firing People Days Before Christmas
IBM is entering taboo territories
Microsoft Falls to Just 11% in Ivory Coast
Microsoft tried hard to catch up in mobile
Links 12/12/2024: Shell Settles With Greenpeace, DOJ Whistleblower Pilot Program
Links for the day
Gemini Links 12/12/2024: AuraGem TV and Advent of Code 2024
Links for the day
Fake "Linux" News, Produced by Microsoft Chatbots in 'Brittany Day' or "LinuxSecurity" Clothing
She's back at it
Microsoft OSI Promoting GitHub, Which is Proprietary and a Massive GPL Violator
OSI works for Microsoft, speaks for Microsoft, promotes proprietary software
Links 12/12/2024: Another 'Self-driving' Cars Dead End, Infowars Sale Blocked by Court
Links for the day
Links 12/12/2024: "Hey Hi" Hype Debunked, ActivityPub and Gemini Software on Same Server
Links for the day
Google Has Only Solidified Its Search Monopoly in Africa Since Microsoft's Chatbot/LLM Hype Started
Africa is basically a "Failed Market" to Microsoft
[Teaser] EPO is Running Out of Brains
EPO has been in the business of offering fake patents
South Korea Has Its Own Alternative to IBM's Proprietary RHEL
Owing to the Open Enterprise Linux Association (OpenELA)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 11, 2024
IRC logs for Wednesday, December 11, 2024
Fresh Rumour of Wave of IBM Layoffs Less Than a Fortnight Before Xmas Day
Unverified and anonymous
Links 11/12/2024: Additional Surveillance Ambitions and Cyberattacks on Sudanese Media
Links for the day
Links 11/12/2024: More Google Layoffs Rumoured for January, 'Linux' Foundation Colonises India
Links for the day
Mozilla's Firefox is Floundering, in the United Kingdom Its Share Fell to 2% This Month
HTTPS is becoming little but a transport layer for Chrome-like browsers, i.e. proprietary things with DRM and perhaps attestation (which means you cannot modify them; you'd get blocked for trying)
Protecting People From So-called 'Social Media' is Not Censorship (No More Than Banning or Restricting Access to Cigarettes is 'Censorship')
it's not censorship when the thing you are censoring [sic] is itself a censorship powerhouse operated by a foreign and hostile nation (or oligarchs of Musk's nature)
[Meme] Solving Real Problems With So-called 'Social Media'?
Feeding and medically treating animals helps, unlike "likes"
Links 11/12/2024: Climate Warming, 'People Can Fly' Layoffs
Links for the day
Gemini Links 11/12/2024: LLMs as Plagiarism, Advent of Code 2024 Momentum
Links for the day
In United Arab Emirates (UAE), Microsoft Now on One in 8 Internet-Connected Devices?
Web-connected clients are becoming scarce that run Microsoft operating systems (Windows)
IBM and Microsoft Hats at Linux Foundation
"Fedora Project Leader Matthew Miller: A change of hats!"
IBM's Latest Fedora Divestment Speaks for Itself
Microsoft must be very pleased with what IBM is doing
Why is UK Press Gazette Jingoistic About Plagiarists and LLM Slop Disguised as Journalism?
Press Gazette appears to be participating in the attack on honest journalism
EPO is Corrupt Like Always, What Changed is the Lack of Media Coverage (No Transparency Means No Democracy)
We need to revive online media and encourage dissent
[Meme] How NOT to Do Activism Online
So many self-professed liberals continue participating and driving traffic (ads) in X
In Central Africa, Which is Bigger Than Europe, Windows is About 5% in Terms of "Market Share"
they apparently got so fed up with colonialism
Communicating Outside of Skinnerboxes and Social Control Media
Tackling collective isolation and miscommunication (or communications being controlled by middlemen)
Number of Libera.Chat Users (Simultaneously Online) Falls to Lowest Figure in Over 3 Years
Notice the downward trend/curve in recent months
[Meme] Social Control Media is NOT Free Speech
It's time to discard that stupid argument that banning an abusive censor is "censorship"
Banning Not Only TikTok... if Not for FOMOC (Fear of Missing on Constituents)
It's a sort of addiction by peer pressure
Shedding Light on How the EPO Sheds Off Staff in Order to Grant Loads of Invalid (Fake) Patents in Europe
The people who decide on these policies lack a background in science
Montenegro's Share of GNU/Linux Reaches All-Time High
We don't really know why, but that's just what the data from statCounter suggests
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 10, 2024
IRC logs for Tuesday, December 10, 2024