Bonum Certa Men Certa

State of the Intellectual Bully: Patent Raids, Trolls, and Microsoft

Here is another quick roundup of patent news.

FSF



The Free Software Foundation is joining the good fight against software patents.

In addition, the FSF is planning to hire a new manager for its End Software Patents campaign.


India



The FSF is also active in Chennai (Madras), where the existing problems [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] are being discussed and will hopefully be tackled.

With FSF and ILUGC friends, also representing our LoCo Community attended the Patent Manual - Stake Holder’s Meet held at Intellectual Property Office, Guindy, Chennai.

The Manual has provisions for bringing in Software Patents in cases what it claims to be “Software combined with Hardware”. We expressed our concerns on it and the ambiguity over the term used.


Here is another long article about software patents and India. It was published just a couple of days ago.

India for its part seems to have adopted the more conservative approach of the European patenting norms for software. But the Ordinance definitely has its use and relevance in today’s India, particularly for our growing domestic semi- conductor industry. This, along with judicial tempering might definitely ensure a judicious use of patent protection while allowing the industry to grow through innovations and inventions, thereby, mitigating the risks of trivial patents chocking the life out of real innovations and inventions. This is the reason a patent should always be treated as a “double edged sword”, to be wielded with caution and sensitivity. Now whether, in reality this will be implemented on a rigid basis or will become broad in scope through application (as in the U.S.), and, more importantly, whether the Ordinance would, in fact, result in increased innovation and inventions in the software industry, remains to be seen.


Extremity Kills the System



There is still a certain state of unrest as the world fights back. An expert of the subject was quoted in The Register saying that a lenient and careless patent system can have devastating effects on the economy. Software patents are a good example of going too far.

Intellectual property laws which were designed to protect inventors are actually stifling innovation, according to a leading US law academic.

Michael Heller, an academic at Columbia University in New York, told technology law podcast OUT-LAW Radio that intellectual property laws are being used to stop new products and services being made.


More can be found here and this paper is strongly recommended.

Here is what happens when patents turn violent.

Armed agents search for patent infringers

[...]

A spokesman for German Customs told us: "We've raided 69 companies today. We have seized equipment including flatscreen TVs, CD players, set-top boxes and MP3 players."


Yes! This is innovation. Feel the excitement.

This also happened 6 months ago and was mentioned here. Also 2 years ago.

There have been long discussion about this in the IRC channel today. Doug quotes a new press release: "Effective August 26th, 2008, licenses under those DVB-T essential patents will be available from SISVEL as an alternative to negotiate separate licenses with the individual patent owners." Zoobab says that Sisvel is a Philips proxy using the same extorsion tactics as Philips and Doug believes that it's one way of getting a choke hold on the Media. He also adds this pointer [PDF], then saying: "This is a HUGE story. Why isn't the main stream press covering it?"

Elsewhere in the news, the fight between Qualcomm and Broadcom continues.

The legal drama between wireless chipmakers Qualcomm and Broadcom continues this week.

On Thursday, the companies said a federal judge has ruled that Qualcomm is in contempt of an injunction that bans the use of patented wireless technology owned by Broadcom.


Patent Trolls



Watch this from news:

Patent-licensing and enforcement company General Patent Corp International has reached a settlement with Motorola over a disputed patent belonging to one of GPCI's clients, Digital Technology Licensing.


Mind the names: "General Patent Corp International" and "Digital Technology Licensing". Are these classic names for patent trolls or what?

Software patents monster Blackboard [1, 2, 3], which is associated with and funded by Microsoft, is still fighting for its abusive business strategy, which revolves around intimidating rivals with ludicrous software patents. Here are some of the latest developements. [via Digital Majority]

The U.S. Patent and Trademark Office has rejected a request by Blackboard Inc. for a temporary halt in the office’s review of a software patent the company holds concerning course-management systems.

This year Blackboard won a lawsuit in federal court against a rival software company, Desire2Learn, for violating the patent, though Desire2Learn has appealed the decision. Meanwhile, Desire2Learn had formally challenged the validity of the patent with the patent office, arguing that it is overly broad and covers technology that other companies had developed before Blackboard filed its patent. The patent office issued an initial verdict in March that rejected all 44 of the claims that make up Blackboard’s patent. But that review is “nonfinal,” meaning that the review is still underway.


Microsoft



A patents lover called Microsoft is aiming for embargoes again. We first saw such behaviour a month ago and it seems to be the beginning of a pattern. Microsoft has turned offensive with its patents. From the news:

1. Gov't grants Microsoft's request for imports probe

Horacio Gutierrez, a Microsoft vice president, said the company filed its request with the ITC last month after trying unsuccessfully for several years to reach a patent licensing agreement with Primax.

The ITC performs economic research on trade agreements and investigates unfair trade practices. The agency has the authority to bar imports that infringe U.S. patents and trademarks.


2. "ITC Will Hear Microsoft Complaint Against Taiwanese Co.

The U.S. International Trade Commission will investigate a patent infringement complaint filed by Microsoft against a Taiwanese company.

In the complaint filed July 30, Microsoft alleges that Primax Electronics infringes the software giant's patents used in peripherals including keyboards and mice. Microsoft is asking the ITC to ban the importation of the products.


3. Microsoft achieves U.S. review of mouse complaint

At the end of the day, Microsoft pretends to be just a poor and innocent victim in a messy system. That's not the case. Also noteworthy is the fact that Microsoft targets a Taiwanese company only a week and half after Taiwan had filed a formal complaint against Microsoft.

The 'Page Up'/'Page Down' patent from Microsoft was mentioned in [1, 2, 3]. This is so utterly ridiculous that the press is still paying attention to it.

Microsoft has been granted a patent on 'Page Up' and 'Page Down' keystrokes.

[...]

Microsoft has a long history of applying for, and being granted patents for, inventions that many argue — and can sometimes demonstrate — were based on earlier work carried out by others, or based on a common, self-evident idea.


More in John Dvorak's blog.

Microsoft has a new business model, and it ain't about fixing Vista or just marketing it aggressively. It's likely to do with litigation, either directly or by proxy.

Nathan Myhrvold

Recent Techrights' Posts

Yes, Of Course the Linux Foundation's OpenSSF Rejects Open Source and GNU/Linux (New Report)
longstanding tradition
Links 10/12/2024: Nvidia's Regulatory Woes, Trust Issues in LLMs (and Similar Recent Hype)
Links for the day
Gemini Links 10/12/2024: Lagrange 1.18.4 Released, New RNG
Links for the day
More Chatbot 'Articles' About Chatbots
Look what's happening to the Web...
Microsoft Falls to All-Time Lows in Cameroon
Windows down to just 4.6%
Brittany Day Still Uses Bots to 'Write' Articles (But Not All the Time)
it leads to a presumption of plagiarism
Links 10/12/2024: Trying "Hey Hi" With New Hype and Buzzwords, TikTok Bans Imminent
Links for the day
Google's CEO: LLMs' ‘Low-Hanging Fruit’ Now Exhausted
They basically tell shareholders not to expect returns on this hype
Microsoft Windows Falls to 11% in Senegal, an All-Time Low
In neighbouring countries (to the east of Senegal) the "market share" of Windows is even lower
The EPO's Corrupt Dealings With Microsoft Never Addressed, Only Worsened
it helps Microsoft spy on the competition and manipulate examiners dealing with its files
The Catching of Luigi Mangione Shows We Need Not Have More Surveillance (Than We Already Have; It's Excessive Anyway)
instead of saying surveillance is insufficient and thus we need more of it, now they can claim they have enough of it
[Teaser] Fate of Formalities Officers (FOs) at the EPO
Coming soon
Libre Liberia: Windows Down to 8% in Liberia
In Liberia, only about 1 in 12 Web requests seems to originate from Windows
Links 10/12/2024: Health, Politics, Economics, and More
Links for the day
Gemini Links 10/12/2024: LLM Plagiarism and "Flow" Review
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 09, 2024
IRC logs for Monday, December 09, 2024
EPO Salaries Reduced: EPO's “Sustainability” Clause "Cuts the Average Overall Adjustment for Staff by –41,8%."
What does this all mean for staff?
Google is Nuking Remaining Invidious Instances Again, Hoping to Force Everyone to Use Proprietary Spyware With DRM
This issue started a few hours ago
Microsoft's Grip on Armenia is Slipping, According to New Data From statCounter
Notice what happened to Windows - an all-time low
[Meme] Sloppy Plagiarism Full of Errors, Lacking Actual Comprehension
LLMs are not "AI"
More LLM Spam/Slop About LLM Spam/Slop
This is what the Web will become unless we expose those who contribute to the problem
Reforming Versus Rebooting Versus Destroying Institutions
At the moment we strive to expose the truth or shine light on pertinent facts
Expose Corrupt Insurance Companies, Don't Kill People
Murder gives them sympathy, makes the raiders seem like the victims
Microsoft's Windows is Pretty Much Dead in Haiti
Android has eaten Microsoft's lunch, Microsoft can't even eat crow
[Teaser] EPO Management Thinks Inflation in Europe is 0.2% Per Annum
Taming inflation by entirely ignoring it is like wrongly assuming that climate change (caused by human activity) can be overcome by not studying the effect of 8+ billion humans on this finite planet
Corporate Media Will Be Discarded and Eventually Die If It Keeps Doing "Bill Gates Sez" (or Similar) Pieces Instead of Journalism
"Superintelligence" does not even mean anything!
This Week We Focus Again on European Patent Office (EPO) Scandals
Nothing can stop us, not even a party or SLAPP
Links 09/12/2024: Health Care Anger and Power Vacuum in Syria
Links for the day
Links 09/12/2024: Burned, Uncertain Future, and Failure
Links for the day
[Meme] Write Code, Not Social Control Media
don't forget to 'like'
Links 09/12/2024: UnitedHealthcare C.E.O.'s Killer Still Unknown, Syrian Regime Change Completed
Links for the day
Site in Support of Richard Stallman Reminds People of the FSF's and Stallman's Support of Women
new updates
Microsoft: Target the Young (Get 'Em While They're Young)
Then they say Free software advocates are "extremists" and "rude"...
As of December 8th (23 Days Remaining), the FSF (Free Software Foundation, Inc.) Already a Third of the Way Toward Ambitious Funding Goal
FSF's memberships (or donations) drive is going a lot better than we anticipated
Why Mike Magee Created and Was Involved in So Many News Sites About Technology
British legend
In Memory of Mike Magee (1949-2024) and Our Best Wishes to The Register, Which He Founded in the 1990s
Months have passed since Magee died
Tunisia is Android, Windows is Waning There
Windows was measured below 20% in Tunisia
[Meme] Jeff Bezos Working From Home
"B**** please, publish articles in Washington Post about how working from home sucks"
'Remote' (From Home) Tech Workers Are More Productive for a Lot of Reasons
The Bezos-owned media should disclose its conflict of interest here
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 08, 2024
IRC logs for Sunday, December 08, 2024
No Wonder Microsoft's LinkedIn and Github Have So Many Layoffs, Permanent Office Closures
Traffic down, losses, probably never going to profit
Microsoft Ends Support for Vista 10, So Relative Share of Vista 10 Goes Up, Vista 11 is Down
For 2 months in a row already
When Python is Basically Run by a 'Microsoft-Friendly' Mole Who Ousts People That Actually Contributed a Lot to Python for Many Years
Removing some of the best people
Microsoft's Latest 'Novel' Approach, Trying to Prevent People Moving Away From Microsoft and From Windows
ads say a lot about their business strategy
Syria: Microsoft Windows Down to 8% "Market Share" (It Was 99% Just 15 Years Ago)
it was even measured at less than 5% earlier this year
Microsoft-sponsored "The New Stack" Publishing Microsoft Windows Articles in "Linux" Clothing
Just sayin'...
Links 08/12/2024: Boeing Leaks and Bluesky’s Business Model Dilemma
Links for the day
Gemini Links 08/12/2024: UK Winds and Ultraviolet Grasslands (UVG)
Links for the day
Links 08/12/2024: Conflicts, Misinformation, and Gutting of the Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 07, 2024
IRC logs for Saturday, December 07, 2024