Bonum Certa Men Certa

Patents Roundup: Microsoft|Myhrvold Trolls Fill Up Their Patent Basket

Patent troll
"I'm not a troll, damn it! I'm an innovator."



"On the same day that CA blasted SCO, Open Source evangelist Eric Raymond revealed a leaked email from SCO's strategic consultant Mike Anderer to their management. The email details how, surprise surprise, Microsoft has arranged virtually all of SCO's financing, hiding behind intermediaries like Baystar Capital."

--Bruce Perens



WORTH STARTING OFF WITH is the news most relevant to Free software. There are many signs suggesting that Microsoft gambles on patent trolling as a business strategy [1, 2, 3] and the following is new addition to a chain of evidence we accumulate for studying purposes. The Gates|Myhrvold ambition is secret no more and this 'axis' can be intercepted once it's better understood.

Nathan Myhrvold Now Capitalizing On Failed University Patent [Initiatives]



With so many university technology transfer offices losing money, IV has been going around and signing deals with universities. Basically, IV gives those tech transfer offices some money upfront, allowing IV to effectively add each university's patent pool to its own portfolio that it uses to go around demanding hundreds of millions of dollars from companies to "protect" them against any future lawsuits.


They seem to have already done this routine in India. There are different ways to approach this problem:



Bilski



Roughly reverse-chronologically, the Bilski case was previously mentioned in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33]. There are some new and noteworthy analyses of its impact on software patents, so these are included below for completeness and future references (mostly research in retrospect).

1. "Software Method Claims: Bilski in light of Benson

It is important to remember that the Supreme Court's decision in Gottschalk v. Benson is still controlling law. In that 1972 decision, the Supreme Court held unpatentable a method of converting a signal from "binary coded decimal" into "binary." The Benson method operates by using a "reentrant shift register" – a particular electronic memory circuit of the day. The rejected claim reads as follows:

[...]

Thus under Bilski/Benson, tying a software algorithm to particular computer hardware may well be unpatentable subject matter if the patent would still preclude all practical uses of the otherwise unpatentable algorithm.


2. Post-Bilski at the USPTO: Is the BPAI Looking to Create a 'Software Per Se' Exception?

The BPAI, acknowledging Bilski, stated that the claim did not recite patentable subject matter, as it was "directed to purely software components."


3. COMMENTARY: Business-Method Patents—Down But Not Out?

The case most often cited for opening the door to business-method patents is State Street Bank & Trust v. Signature Financial Group Inc., decided in 1998 by the same court. That case, however, involved a fairly complex computer program, and all the court really said was that the validity of the patent should not turn on whether the “subject matter does ‘business’ instead of something else.” Even the poster child of business-method patents, the Amazon “one-click” patent, which was in the patent pipeline well before State Street, involved software operating on a specially designed client-server system.


In addition to this, worth considering is this new essay on why software should not be patentable. It's a followup to that friendly Gene Quinn confrontation (amicable debate rather).

One final note with regards to Specific Description and that is a look at how it would work when applied to various assets. Take a car engine, no matter how much detail we put into describing it we never end up with a car engine. A text only book is a simple case, clearly you can write word for word the contents of the book and so therefore it fails the Specific Description test. Music, even a recording, can be respresented in a form which can be translated to give the recording itself. The same applies for imagery and therefore as a combination of the previous two movies. These are all things which have long been established as the domain of copyright law, not patent law. Suggesting perhaps the Specific Description test is similar to the thought processes of those who created patent and copyright law. There is something else very common in society which fails the Specific Description test. Software.


Let copyrights protect software developers. Mathematical recipes are a step too far in creating fences, which are not necessary.

GPLv3



The GNU GPLv3 gains acceptance



Another mechanism for defanging patent trolls is the GPLv3 and a new article explains the role it serves and its necessity.

Regardless of opinion on the merits of the new GPL, the fact is it's here--and likely here to stay.

In essence, copyleft is a complete reversal of traditional copyright values where the law sees software as a literary work under the Copyright, Designs and Patents Act 1988.

[...]

The result is a new version of the license that is much clearer in its scope and application. It also takes greater account of software patents. To prevent software owners using patents to impose additional terms on users, the license includes the use of any patents owned by copyright holders that fall within the scope of the software. The termination provisions are also made clearer and are now automatic instead of requiring a notice from a copyright holder.

[...]

Conversion from GPL version 2 to version 3 is increasing as existing open source applications seek to benefit from the improved certainty afforded by the new terms. That's not to say that version 2 is unenforceable, it will continue to exist and be used by those who prefer it, but version 2 and version 3 are incompatible. Thus a decision needs to be made by those organizations 'going open' as to how they would prefer their software to be made available--and soon.


OpenMoko Harassed by Philips, Facebook Sued



The OpenMoko situation was brought up in [1, 2] and LWN.net has some further discussion of interest. It illustrates aggressive action which is carried out by proxy (Sisvel in this case [1, 2, 3, 4, 5, 6, 7, 8, 9]).

On November 12, the OpenMoko project announced that all of its system images had been removed from the download server.


Facebook too has just been sued... by a patent troll in fact.

Leader Technologies, a provider of web-based enterprise software for groups, is apparently suing Facebook. It claims the popular social network is infringing on a patent it obtained in 2002, that “relates to a method and system for the management and storage of electronic information.” Facebook tells me it hasn’t seen the complaint yet, although Leader issued a press release earlier today saying that it has already filed the suit in Delaware.


This is also covered here and here. Will Facebook join the cause against software patents, despite its Microsoft slice?

USPTO: Shot in the Foot



Those in the mood for entertainment can take a glance at some of the newly-discovered 'innovations' this patent office brings to our world (and virtual world too):

1. The Rocky Legal Landscape of Virtual Worlds, Part 2: Patents

For example, U.S. Patent No. 6,935,954, owned by Nintendo of America is directed to a sanity system for a computer game whereby events in the game affect a character's sanity, which in turn affects the ability of a user to control the character. This sanity system appears suitable for any single or multiplayer game in which characters encounter scary situations.


2. McDonald's Sandwich Patent

And don't miss the flowchart that explains how to make a sandwich.


You can't make this stuff up!

On the grill
"We're sorry, sir. Your BBQ party is over.
Your cooking infringes on patents."



Recent Techrights' Posts

GNU/Linux is Replacing Microsoft Windows. But We Need to Eradicate Microsoft, It's a Hub of Crime.
I have been writing about Microsoft since the 1990s when I was in school
Microsoft Staff Harassing Women, Strangling Women, Telling Women to Kill Themselves and Worse? Not a Problem!
Two women have left Brett Wilson LLP
 
Happy Independence Day to Our American Readers
Maybe tomorrow will be a good opportunity to explain to American people - in terms of concepts, not brands - which tools respect their independence
Slopwatch: Linux Journal, Linuxsecurity, and Google News Getting Even Worse (More Slopfarms Added Which Attack Linux With Bruce-Force SPAM)
Google News is part of the same problem
Links 03/07/2025: More Cuts and Cancellations at Microsoft Revealed
Links for the day
Gemini Links 03/07/2025: Favourite Child and Launching WikiGem
Links for the day
Mystery Surrounding the PCLinuxOS Sites and PCLinuxOS Magazine
Let's hope this isn't something major
People and Companies Do Learn Some Lessons From Their Mistakes (Stubborn Ones Don't)
Brett Wilson LLP is an example of one that would rather drown in mistakes
Links 03/07/2025: 'Hey Hi' Slop Ridiculed Some More and Microsoft's Layoffs Tally for 2025 Reaches About 29,000 in Just 6 Months (Almost 5,000 Per Month)
Links for the day
The Slopfarms Are Losing the Plot (and Google is Propping Up Rogue Sites)
Google is part of the attack on the Web, on information, and on technology
New BetaNews Realises There's No Potential or Future in Slopfarms, Prior Editor Wayne Williams is Back
They realise that slop (so-called "AI") cannot replace humans
Claims That Microsoft Looks for Staff That Works More and Gets Paid Less (or Can Only Code by Grabbing Other People's Code, Under the Guise of "AI")
People can form their own opinion
Richard Stallman Was Right About Reasons Not to Use Microsoft
last updated 2017
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 02, 2025
IRC logs for Wednesday, July 02, 2025
Gemini Links 03/07/2025: No to Cloudflare and Small Web July
Links for the day
Links 02/07/2025: Deep Microsoft Cuts, Macron Speaks to Putin
Links for the day
Confirmed: Microsoft Shutdowns Today, Not Only Mass Layoffs
"The Initiative is the only studio closure planned today, although some other teams have seen cuts of varying degrees."
Microsoft Windows Nosedives in Switzerland While GNU/Linux Leaps Above 6%
sooner or later they might have to make the move anyway
Anxiety at Microsoft: Many Workers (Maybe Over 10,000) Still Don't Know They're Being Laid Off Just Before US Independence Day
"Has anyone gotten the notification yet?"
Microsoft "Declined to Say How Many People Would be Laid Off," According to Associated Press
Some other prominent publications said they reached out for comment from Microsoft and received none
The X War is Over and the "Wayland People" Lost
People will gravitate towards what works for them
20 Years Since My Thesis
It's still online
GNU/Linux is Replacing Windows in Laptops/Desktops
The world will move on while Windows and Microsoft shrink
Now Comes the Expected Webspam, Framing Microsoft Layoffs as "Hey Hi" Success Story (False Marketing That's Piggybacking the Layoffs)
falsely marketed as "intelligence"
Hungary: Microsoft Windows Sinks to 17% "Market Share"
In many nations in Europe it seems like the era of Windows is coming to an end
Microsoft Media Operatives and Bill Epsteingate-Funded Sites Said Microsoft Lays Off 9,000, But Other Sites Say More (Including 2,300 in Redmond Alone)
We might never know the real number/s (Microsoft will keep the cards close to its chest) until there are leakers or unless there are whistleblowers with hard proof
Microsoft Layoffs in Spain, Portugal Record for GNU/Linux
in Portugal we see GNU/Linux at record levels
GNU/Linux Reaches All-Time High in the United States of America
Windows is trending down
Yes, Microsoft is Again Using Its Favourite Liars (Stenographers) to Seed Fake Layoff Numbers, Much Lower Than What's Really Happening
It is Jordan Novet again, just as we predicted
Will Microsoft Once Again Choose Its Favourite Liar to Spread Lies About Today's Layoffs, Quickly to be Replicated and Spread by Slopfarms?
What lies is Microsoft briefing its media moles to tell today?
"OSS Fetishism" Wins After Ferenc Zsolt Szabó Ousted (Microsoft Mole From Capgemini)
Many people said 2025 would be the "year of Linux on the desktop"
There is Nothing That LLMs Can Offer Honest People
LLMs are a passing fad; they're expensive and offer poor "value" for energy; they usually offer no value at all unless you are a cheater, spammer, and liar
What statCounter Shows Today Helps Explain Microsoft's Helplessness, Mass Layoffs
Since many US journalists are already away on holiday almost nobody will dare ask the difficult questions or give a voice to whistleblowers
Microsoft Gets the Chop in South America
The notion of digital sovereignty gained a lot of popularity
Europe Has an 'Exit'
Let's see what happens the rest of this year
El Presidente Talks, Canada Walks (Away From Windows)
GNU/Linux rising
Cities in France and Germany Move to GNU/Linux and statCounter Detects Big Differences
Will governments lead by example?
Microsoft Lost Its Foothold in Africa
How many of these are "old" Windows machines converted to GNU/Linux? Probably a lot.
Led by Europe, GNU/Linux Makes Big Gains This Month
statCounter started showing new/fresh stats
Links 02/07/2025: Massive Microsoft Layoffs About to Commence, "Tesla's Robotaxi Program Is Failing"
Links for the day
Why the Microsoft People Who Started SLAPPs Against Techrights Could Very Well be Sent Back to Prison
White-collar crime is also a crime
The Company Run by Former (and Last Proper) Red Hat CEO, Promoting Microsoft Mono, Faces Shock as Senior Partner Jailed for 33 Sexual Offenses Including Pedophilia
"As reported by The Oxford Mail in April 2025, the offenses include rape, sexual assault, engaging in non-penetrative activity with a child, and more."
Microsoft Lost 29% of Windows Users, Based on Microsoft, Now Come Massive Layoffs
Microsoft collapse is today
Slopwatch: Google Serves to People Linux Slop and Linux FUD (Made by Bots)
"Slopwatch" finds it difficult to ignore Google's role in encouraging LLM slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 01, 2025
IRC logs for Tuesday, July 01, 2025
"Wayland People" Behave Like the Googles and Microsofts of This World
Published yesterday by Igor Ljubuncic
Gemini Links 02/07/2025: Arch Linux and Fulfillment in Gemini
Links for the day
Links 01/07/2025: "Independence Day in Taiwan", Bounties on Software Patents
Links for the day
What Happens When Your Law Firm is Preoccupied With Harassing and Trying to Extort a Humble Couple in Manchester, Even on Behalf of Violent Microsoft Staff From Another Continent
It's good to see that law firms which operate in bad faith are perishing
Lawyer X, Law Firm X and Elon Musk's X: scandals linked by Old Xaverian
Reprinted with permission from Daniel Pocock
Gemini Links 01/07/2025: Distraction-Free Writing and Hytale Mismanagement
Links for the day
Links 01/07/2025: "Beauty of Blogging" and "Etiquette of Collapse"
Links for the day
Microsoft Uses LLM Slop to Defraud (or Rob) Shareholders
Microsoft is basically defrauding its shareholders by LLM slop
The Web is a Dead End
We need to adopt alternatives
When Words Lose Their Intended Meaning
examples of words that, at least in the technical spheres, don't mean what they sound like
People Who Disagree With You on Technical Matters May or May Not Agree With You on Political Things (But Usually They Do)
What bothers me a great deal is seeing left-leaning people accusing other left-leaning people of being "nazis"
"Too Much Choice" and "Too Many Programming Languages"
What IBM and its apologists aim for was attempted in the 1930s and it failed
Microsoft Lost 400,000,000 Windows Users, According to Microsoft
more people adopt smaller computers and many people replace Windows with GNU/Linux, as they don't really need a new computer
The "Davos Effect": Tarnishing the Reputation of Places Not by Overtourism But by Oligarch Infestation
The last Venice needs is an affiliation with Venetian oligarchs
Half a Year Gone, What's to Come Next
In the second half of 2025 we expect to be done with the Microsoft SLAPPs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 30, 2025
IRC logs for Monday, June 30, 2025
People at the Very Top of Microsoft Know How Bad Things Really Are
There's no product that can replace the former profitability of Windows licensing and stuff that went on top of Windows
Gemini Links 01/07/2025: Mid Year and a Tour of Old Languages
Links for the day