Bonum Certa Men Certa

Monopoly Abuser Feels the Wrath of Intellectual Monopolies

What goes around comes around

Major developments are being reported at the moment on the Alcatel-Lucent/Microsoft saga [1, 2, 3, 4, 5]. Alcatel-Lucent is an example of a struggling -- if not dying -- company that reaches out to its portfolio for survival ("defensive" no more [1, 2]). Well, it may have just hoovered up half a billion dollars off of Microsoft for what's evidently junk patents.



A U.S. District Court judge in Los Angeles has ruled that Microsoft Corp. will have to pay Alcatel-Lucent more than $500 million for infringing on two patents.

One patent covers how software users to fill out forms. The other is related to the use of a stylus on a tablet computer.


Will Microsoft cough out that amount without appealing? Will people use this as an opportunity to slam the system? Will Microsoft challenge the patents for their stupidity? There will probably be a lot more coverage of this at the beginning of next week.

Meanwhile, for contrast, here is a short article about ways in which the GPL can mitigate the impact of patent trolls.

Why would a patent troll agree to this? Don Marti explains how the GPL strengthened Red Hat's bargaining position. In a normal patent licensing negotiation, the patent troll would demand a per-user license fee that would be passed along to the vendor's customers. But the GPL specifically prohibits Red Hat from doing this; if Red Hat agreed to pay per-user royalties, it would be in violation of the GPL and would lose the right to distribute the software at all.


Below you can find a short description of the power struggle and what's at stake. [via Digital Majority]

Who will win the "cold war" brewing between commercial software companies and open-source advocates over software patents?


Software developers prefer to rely just on copyrights, based on surveys which were conducted in the past. It's often a struggle between greed and practicality. Sometimes it's a case of science versus investors and lawyers, who profit if the system goes belly-up (more lawsuits mean more money).

The threat of McCreevy and his so-called 'harmonisation' scheme is revisited now by IAM Magazine. [via Digital Majority]

Essentially, these talks are about harmonising substantive patent law, including areas such as priority of invention, the grace period, the definition of prior art and loss of right provisions. However, I wonder whether Brimelow – who always considers her words very carefully – is hinting that other things may now be on the agenda. It is interesting that when she spoke to me about this, and also in the BBC interview, she talked about users of the patent system raising the issue of mutual recognition. In that way, any talks on the subject can be seen as being responsive and not as policy-makers going out on a limb.

[...]

And, who knows, after the In re Bilski case is finally resolved at either the CAFC or the Supreme Court, Europe and the US may even be a little closer with regard to the controversial areas of business methods and software patents.


Lastly, a poor (too broad) patent that was mentioned here before, gets the attention of IAM Magazine as well. [via Digital Majority]

Since 2006 Ocean Tomo auctions have raised over $70 million for sellers. Its first European sale "“ held in London in June 2007 "“ established a world record for a single patent sold at open auction when an internet shopping patent was bought for $4,865,550.

"In collaboration with IAM magazine, we have planned the most informative, important and exciting event for the IP community this year," says James Malackowski, President and CEO of Ocean Tomo. "I am looking forward to the opportunity to learn from and network with the IP pioneers and thought leaders who will be attending."


This sick orgy of Intellectual Monopolies is ridiculous of course. The 'brilliant' idea of internet shopping is not only owned but ownership of it is being passed as well. The value of it? Millions. What is the worth of the one-click shopping patent? Or the double-click? Can't everyone see that the system has gone insane?

Recent Techrights' Posts

Attacks on the EPC: Reality and Fiction
EPO leaks
 
When the Cancer 'Metastasises'
We had a red flag
March in Techrights (EPO Litigation and More)
One theme we'll explore a lot when it comes to GNU/Linux is the extent to which communities truly serve communities
Don't Forget to Also Follow Tux Machines
We've split the material
Yandex Usage Has Surged Since the Invasion of Ukraine, Microsoft Fell to 0.7% (It Was 1.7% Before the 'Bing Chat' Hype Campaign)
In Soviet Russia, Bing searches user
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 01, 2024
IRC logs for Friday, March 01, 2024
Sellout Completed: Linux Foundation Converging With the Gates Foundation
not a joke
Hitler Rants Parodies on Steve Ballmer
Parody created using clips from Downfall (Der Untergang)
With Windows This Low (27% of the "OS" Market), Steve Ballmer Would Have Thrown Another Chair
The media produced many puff pieces about Nadella at 10 (as CEO), but what has he done for Windows? Nothing.
[Meme] The Naked President
EPO Suffers From Shrinkage
Understanding Cardinal George Pell prosecution, Institutional abuse & Debian cybertorture
Reprinted with permission from Daniel Pocock
Links 01/03/2024: Many More Layoffs, "Funerals" for Software Patents in the US
Links for the day
Gemini Links 01/03/2024: OFFLFIRSOCH 2024 and Dark Streets Tech Demo
Links for the day
Links 01/03/2024: Navalny Funeral and Media Under Attack
Links for the day
Gemini Links 01/03/2024: Making Art and the Concept of Work Management
Links for the day
Schriftleitergesetz: Hiding the Holocaust with censorship
Reprinted with permission from Daniel Pocock
[Meme] His Lips Moved
Here is your national "news" for today
statCounter: GNU/Linux Exceeded 6% in Asia Last Month (Compared to 4% Just 12 Months Earlier)
numbers may be biased
What the End of Journalism Looks Like
All on the same day
Links 01/03/2024: Microsoft 'Retiring' More Services and Raspberry Pi Celebrates 3rd Birthday (Launched on February 29th, 2012)
Links for the day
Women's Empowerment
Sponsored by Bill Gates
Gemini Links 01/03/2024: Speed Bumps and Analog Stuff
Links for the day
[Meme] Those Greedy EPO Examiners
Says the litigation industry, charging 300 euros an hour per attorney
EPO Discriminates Against Families of Its Own Workers, the Union Explains Legal Basis Upon Which It's Likely Illegal and Must be Challenged
To the Council, the EPO boasts about its wealth (seeking to impress by how much breaking the law "pays off")
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 29, 2024
IRC logs for Thursday, February 29, 2024
Links 01/03/2024: Misuse of Surveillance Against UK-Based Journalism, EPO Conflict Now in the Media
Links for the day
Taking a Break From Paid Promotion of the Illegal, Unconstitutional Kangaroo Court for Patents (UPC)
JUVE returns to its 'roots'?
FSFE admits losing funds from bequest by insulting and ignoring Fellowship representative
Reprinted with permission from Daniel Pocock
Gemini Links 29/02/2024: Raspberry Pi Incus Cluster and Aya 0.5.0 Coming Soon
Links for the day
Links 29/02/2024: Layoffs at Apple, Expedia, and Electronic Arts
Links for the day
Gemini Links 29/02/2024: Web Enshittification and Firefox user-agents
Links for the day
Spiked Piece/Censoreed Piece: 'Microsoft Copilot is a gimmick', says top CIO
Issues relate to connectivity and cost
Enrico Zini, Mattia Rizzolo, Plagiarism & Debian
Reprinted with permission from Daniel Pocock
[Meme] Clergy of GNU/Linux (Corporations Like IBM)
Volunteers as powerless "followers" of companies that "harvest" their labour
There Will Be Lots More Apple Layoffs (Already Years in the Making)
The corporate media still tries to shape the narrative to prevent panic or delay market hysteria
Latest SUEPO (Staff Union of EPO) Report For The Hague Reveals EPO Does Not Obey Court Orders, Refuses to Allow Workers to Freely Talk to One Another
working in a place where communication itself is restricted
[Meme] The Oppression Will Continue Until EPO 'Quality' Improves
wonder why EPO morale is so low?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 28, 2024
IRC logs for Wednesday, February 28, 2024
Outreachy, GSoC-mentors & Debian-Private may soon become public records in federal court
Reprinted with permission from Daniel Pocock