Bonum Certa Men Certa

Patent News: The Big Myth, Microsoft vs. Avistar, Trolls, and Urgent Reform

Patents as a tool that protects the 'small inventor' may be a Big Myth. They only protect monopolies and feed patent trolls that are not the 'small inventor' but are rather the 'vicious lawyer'. It's about the investor, not the inventor, but that's not what many people were led to believe. Investors further monetary agenda, whereas inventors create new work and thus further science.



Here is the Big Myth again, from the latest issue (August) of IEEE Spectrum.

Patent attorneys charge between US $7000 and $15 000 to prepare and file a €­patent application. If only there were a cheaper way, a kind of poor man’s patent. But it just doesn’t exist.

Some people think they can protect their €­invention by writing a €­patentlike description of it and €­mailing the €­document to €­themselves, but this is no substitute for patent €­pending. At best, the letter shows that you €­conceived an €­invention by a certain date, but you’ll €­probably be able to prove that with €­engineering notebooks, e‑mails, dated PowerPoint presentations, and the like. Moreover, €­evidence of an €­invention’s conception date is €­useful only in a limited set of €­circumstances, most of which involve actually €­filing for a patent at some point in time. So save yourself the paper and the postage stamp.

[...]

Patents are expensive, no doubt about it, and the requirements are fairly strict. But as my grandmother used to say, you get what you pay for.


This ending says a lot about insidious attitudes against Free software and pro patents. But there's a perfect example right from the news to squash this tired myth.

Microsoft-Avistar



Avistar is a rather small business. Can its patents protect it from Microsoft? Haha, of course not. It's just how Richard Stallman put in it his good talks on this subject. His prose aside, you can't beat a Beast in 'Mexican shootouts'.

Earlier this year, Avistar Communications Corp. was in talks to license some patents to Microsoft Corp. when Microsoft threw it a curveball. The software giant asked the U.S. Patent and Trademark Office to re-examine all 29 of Avistar's patents.

[...]

Indeed, about a month after it disclosed Microsoft's challenge, Avistar, a San Mateo, Calif., maker of videoconferencing and collaboration software, cited the potential impact on its financial outlook as it announced plans to cut 25% of its work force, or 27 employees.


Needless to stress, this pretty much defeats the whole purpose of this system, which clearly does not protect the 'little guy'. It's just draining his/her money while making solicitors a helluva lot richer. Avistar, by the way, has just been awarded a couple of more stones US patents. They are junk, as usual, and they probably won't serve it well in this David-versus-Goliath duel. Here's the description:

The two new patents cover systems and methods for login-based routing of real-time communications (such as text instant messaging, VoIP and two-way video conferencing) between users employing a quick-dial panel (such as a buddy list) or a screen-displayed list or rolodex. Users can flexibly login at any number of devices or locations and can choose from a number of real-time communications options, including text-based real-time messaging.


Trolls



Trolls and small businesses are totally different creatures. The latter is developing, whereas the former is only ever litigating. Making money using infringements alone makes one a 'toxic leech' that's clung onto the patent system. The patent trolls to the USPTO are like ECMA to ISO. They are self-serving parasites that suck out money using loopholes and room for manipulation that exists.

Here is a good example of a company that turned from a developer into a leech, just like SCO. It gets its way, too.

RIM Pays Off Wi-LAN To Get Rid Of Another Patent Suit



[...]

Wi-LAN is a Canadian company that did some early work in the wireless field, but was unable to actually make much of a business out of its work, so it took the loser's route: it started suing lots of companies for patent infringement. It's the same old story: winners innovate, losers litigate -- and litigate seems to be about all that Wi-LAN does these days.


Guess where they are suing?

Wi-Lan filed the suit in the U.S. District Court for the Eastern District of Texas, Marshall Division — a court that is favored by patent-license companies seeking big judgments.


Watch the description of this company.

Wi-LAN, founded in 1992, is a leading technology innovation and licensing company.


Hold on to that thought. "Innovation and licensing company."

Time for Change



Digital Majority has found this good explanation of why it's time to call it quits.

Patent Weakness #1: The patent office is filled with lawyers not scientists/engineers.

The patent office has, for the past decade or so, been giving out patents for genes and software like Amazon’s One Click.

Pharma companies didn’t invent DNA or genes. They simply discovered the gene for a disease and thereby a possible path to cure. Why should anyone have to pay royalties for studying said gene or discovering a cure independent of the pharma that identified the gene.

In my opinion Amazon’s One Click patent was the epitomy of the stupidity of the patent office. The patent clerks kept arguing for prior artwork deomonstrating that someone else had already developed a One Click feature. This is ludicrous. The point of software is automate mundane tasks with a minimal amount of information and work by the user. So what does One Click do fundamentally different than any other button on any other piece of software?


Mike Masnick has explained why there should not be such thing as "intellectual property" simply because abstract intellect is not a property. It's ideas, which are not concrete, except for in the La-La land where monopolists desperately try to establish more monopolies that transcend implementation (already protected by copyrights) and brands (protected by trademark law). Masnick's assertion is backed by others:

We've pointed out in the past why it doesn't make much sense to treat "intellectual property" as "regular property," since it ignores some very important differences between the two. James Bessen and Michael Meurer, who wrote the recent book Patent Failure have always taken a slightly different approach.


Over at the European patent system. Dr. Berthold Rutz argues that collaboration pretty much renders the notion of patents moot. But here are his exact words [PDF]:

The powerful paradigm of open and collaborative innovation is no longer limited to the area of software development but has found proponents in other technical fields such as consumer goods, pharmaceuticals and automotive. Are traditional forms of intellectual property protection such as patents, copyrights or design rights still appropriate in a world where knowledge is increasingly shared and innovation becomes a collaborative process? What role will IP rights play in the future and what challenges will they face?


Also worrisome is the ACTA, which is a great risk to Free software. Glyn Moody explains once again why it must be shot down.

Basically, it is an attempt to bring in yet more punitive measures against alleged infringements of intellectual monopolies, with less judicial oversight and no pesky European privacy protection.

But the trouble with these kinds of crude instruments, cooked up in haste without much deep consideration of their knock-on effects, is that they can backfire.

Here, for example, is a letter to the US Trade Representative from a bunch of big names, including Amazon, eBay and Yahoo. They have noticed a few tiny probs with ACTA:

We appreciate your objective of protecting the intellectual property of American rightsholders from infringement overseas. However, in light of these European decisions, there is a very real possibility that an agreement that would require signatories to increase penalties for “counterfeiting” and “piracy” could be used to challenge American companies engaging in online practices that are entirely legal in the U.S., that bring enormous benefit to U.S. consumers, and that increase U.S. Exports.

Is this rich, or what? Here we have a trade agreement that is essentially trying to export the insanely aggressive US system for dealing with alleged infringements to the rest off the world, but when it works the other way – with European norms exported to the US – suddenly, that's a problem.


The DHS, realising that people are unhappy with the idea of laptop confiscation or warrantless probes, has just issued this 'damage control' page [via Simon Phipps]. The comments are more interesting than this face-saving post.

For more information about the ACTA and its impact, consider reading the articles below.



Comments

Recent Techrights' Posts

Traf-O-Data, the Company That Jeffrey Epstein's BFF (Bill Gates) (Co)Founded 53 Years and Went Out of Business Due to Heavy Losses
Who will die first, Bill or Microsoft?
A Note on SimilarWeb
Or why SimilarWeb is meaningless for more than 99% of the sites on the Web
IBM Said to be Shutting Down Offices or Sites in the United States
the press can no longer avoid admitting that IBM moves many jobs to India
 
Links 05/04/2025: Fentanylware (TikTok) "Sale Looks Highly Imminent" (US), Stock Market Drowning in Panic
Links for the day
Gemini Links 05/04/2025: Moving Plants, No to Smartwatches, RAID Hygiene
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 04, 2025
IRC logs for Friday, April 04, 2025
Techrights Has Dealt With More Potent SLAPPs Than Violent Microsofters Begging to Hide What They Did to Women
I became accustomed to SLAPPs
Links 04/04/2025: Fury in South Korea, Flight MH370 Remains Mystery
Links for the day
Gemini Links 04/04/2025: Anger and Raspberry Pi CM4
Links for the day
Links 04/04/2025: LLM Slop Bubble Bursting and Korea Music Copyright Association Bans Slop 'Music'
Links for the day
Why Microsoft's Shares Sank Almost 20% in Recent Months (the Bubble is Imploding)
verified press reports from the past 24 hours
GNU/Linux Rises to Almost 5% in Algeria While Windows Sinks to All-Time Low
GNU/Linux grew tenfold
Where to Get More Gags
A valued reader recommended that to us
Links 04/04/2025: Tech Stock (Inc. GAFAM) Fall, Google Pretends to Do End-to-End Encrypted Emails (With Google in Control)
Links for the day
To Participate in Fedora Diversity You Must Use Proprietary Software
Not for the first time either
LLM Slop as Attack Vector on the Reputation of Linux
The attacks on Linux have escalated to information warfare
Yandex About to Be Three Times Bigger Than Microsoft (Bing) in Asia
That's about 60% of the world's population
Gemini Links 04/04/2025: Decoupling Updates, Elaho as Gemini Client
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 03, 2025
IRC logs for Thursday, April 03, 2025
Microsoft's Trouble in Africa and Asia
A new all-time high for GNU/Linux
Brett Wilson LLP Reported to the Solicitors Regulation Authority (SRA)
The saddest thing in all this is that law firms can maintain high standards shall they wish to
Links 03/04/2025: Tariff Pains and C.D.C. Cuts
Links for the day
StatCounter: Microsoft is Masking a Disaster, It's Way Behind DeepSeek Already and Interest in LLMs Has Waned
it turns out the money "raised" for "Open" "AI" may not even exist at all
Links 03/04/2025: SoftBank Money for Microsoft "Open" "AI" Probably Doesn't Even Exist, Wikimedia Foundation Blasts LLM Nuisance While Microsoft Admits Demand Has Shrunk
Links for the day
Gemini Links 03/04/2025: Patch Panel and Pictures
Links for the day
Islamic Republic of Iran: GNU/Linux at All-time High This Month, Windows Falls to 12%
Vista 10 is up this month despite being "end of life" (EoL) soon
Indonesia: All-Time Highs for GNU/Linux
What's noteworthy right now is the growth of GNU/Linux
statCounter Says GNU/Linux Usage is Up Again (Internationally)
some preliminary April data
Only on April 1st Can the Free Software Foundation Associate With Microsoft's Open Source Initiative (OSI)
We saw some pranks that day linking the FSF to Microsoft (e.g. "endorsing" Windows)
Confirmed in the Mainstream Media: A Lot of Microsoft "Workloads" Were Just LLM Slop (Helping to Fake Growth for Years, as Microsoft Had Paid "Open" "AI" to Become a "Client") and Demand is Rapidly Waning, Datacentres Canceled and/or Shut Down
Anything to facilitate further accounting fraud
Taiwan's Media Covers Closure of Microsoft's "AI" Lab, It's Time to Talk About the Gradual Death of Windows and Implosion of the "AI" Bubble
Earlier this week we showed that mostly Asian media had the 'nerve' to mention Microsoft silently shutting down its 'AI' lab
IBM Gets Rid of Kelly Chambliss as Mass Layoffs Reported in IBM Consulting, IBM Loses Key Contracts/Graft
IBM Consulting has been in disarray lately
More Gains for GNU/Linux, Based on Web Surveys
the Steam site shows rapid growth for "Linux" this month
Slopwatch: Anti-Linux Articles, Not Even Written by Humans
Why aren't Web sites more vocal about this problem?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 02, 2025
IRC logs for Wednesday, April 02, 2025
Links 03/04/2025: Apple Fined Over Secret Surveillance, "Elegant Writer For A More Civilized Age"
Links for the day