Bonum Certa Men Certa

Patents Roundup: From Microsoft's Trolls to Obama Policies

Section sign

“Software patents are a huge potential threat to the ability of people to work together on open source. Making it easier for companies and communities that have patents to make those patents available in a common pool for people to use is one way to try to help developers deal with the threat.”

--Linus Torvalds



Microsoft Patent Trolls



Transmeta is known to many F/OSS people because of Linus Torvalds, who used to work there. Well, the company is pretty much kaput, as disclosed roughly a month ago when it put itself up on display. Some of its assets are offered for sale now, so up for grabs are also several imaginary properties that are being grabbed by Microsoft's own patent troll.

IV was apparently there at the bargaining table with Novafora, which makes digital video processors. It's putting $11.6 million towards the $255.6 million purchase price in exchange for some kind of rights to Transmeta's low-power silicon patents, perhaps so IV can protect one of its investors.


Interestingly enough, this report comes from a known 'Microsoft mole' [1, 2]. Looking a little deeper between the lines, some connections can be drown: "William P. Tai informed the Board [...] of Transmeta [...] that he plans to retire [...] fulfill [...] commitments at Charles River Ventures, a venture capital firm [...]"

“Charles River Venture is connected to Intellectual Ventures, which is in turn connected to Microsoft.”Intellectual Ventures is listed right here under the online identity of Charles River Ventures. Charles River Venture is connected to Intellectual Ventures, which is in turn connected to Microsoft. The company was started by a former Transmeta board member, just after Intellectual Ventures had invested in his company and in Transmeta.

A reader of ours suggests the following chain of relationships: RPX Corporation -> Transmeta -> Intellectual Ventures -> Novafora -> Charles River Ventures.

Another company whose trail of dependencies seems tricky (subsidiaries, funding, and movement of employees) is Acacia. It sued GNU/Linux vendors shortly after inheriting top Microsoft staff and shortly after Microsoft's CEO had threatened Red Hat, which was among those sued [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11].

Acacia has acquired some more patents with which to fight and it last raved about it over a week ago.

Acacia Research Corporation (Nasdaq:ACTG) announced today that its subsidiary, Acacia Patent Acquisition LLC, has acquired rights to patents relating to improved lighting technology.


There are some other news to watch out for because this patent troll has 'Microsoft DNA' inside. It needs to be watched.

US Patents System Challenged



It has been over a month since Bilski [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], but discussions have not ended. This important decision continues to jeopardise very many software patents, which would fail the court test.

Worth noting, however, is that Bilski did not claim a computer implementation of the recited method or a software claim. Thus, the "machine" prong of the machine-or-transformation test remains untested by the Federal Circuit as a result of the Bilski decision. However, the Court noted that in order to pass muster under the machine prong, the use of such a machine must "impose meaningful limits on the claim's scope." Field of use or insignificant extra-solution activity will not suffice. Moreover, the process claim in issue in Bilski was found to "not ... be a software claim." It therefore also remains open as to how or if a software clam can be written to satisfy the transformation prong of the test.


Over at P2PNet, people are reminded that the term “intellectual property” should be avoided and patents be referred to as “intellectual monopolies” instead. "If thought can corrupt language, then language can also corrupt thought," said George Orwell.

Instead of speaking of “intellectual property”, which invokes that feel-good idea of property and ownership, we should speak of “intellectual monopolies”. For this is precisely what copyrights and patents are: they are monopolies granted by governments for a limited period as part of a bargain - that, in return, those who are granted those monopolies hand them over to the public domain once the term of the monopoly has lapsed.


The Obama campaign (and administration to be) has summed up its stance/policy on intellectual monopolies as: "The Obama-Biden Transition Project respects the intellectual property of others..."

Reading the remainder of that statement, it reads very much like Biden's known ties with the MAFIAA are rearing their ugly head. What does this mean for patents? Well, they have established a working group that includes Irving Wladawsky-Berger, but his lifetime employer, IBM, is not against software patents and he even wrote in his blog that "It is ironic that if software patents were disallowed altogether, it might cause legitimate software innovations to then be protected as trade secrets, and thus keep them away from open source projects."

India and British Imperialism



Microsoft's patent troll is already bugging India following a series of letdown when it comes to patent law [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. BT, which is still loosely tied to the British government, was previous seen participating in subversion of the law in India and now it's the British government itself which applies for patents (monopolies) over there.

The UK government is seeking a patent in India for a defence invention called 'modulation signals for a satellite navigation system', which can measure satellite signals.


Europe Suffers from Loopholes



The Stop Software Patents push has identified ways in which the EPO seems to be escaping hard questions regarding software patents.

The European Patent Office does not only grant software patents, it also lobbies the legislators to validate them through the creation of a central patent court.


“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway”."

--Marshall Phelps, Microsoft



Further to the action against big pharmaceuticals in Europe, there is also this rant.

These obstacles cost taxpayers money, up to three billion Euro a year, according to the Commission report.


The monopolies will not give up without a fight. They have means for perversion of justice.

Miscellany



A very notorious patent, Amazon's 1-Click feature, celebrates a birthday of shame.

"Nine years ago Monday, Amazon kicked off the Holiday Season by slapping Barnes and Noble with a court injunction barring BN from using a checkout feature that Amazon said represented illegal copying of its patented 1-Click technology. 'We're pleased that Judge Pechman recognized the innovation underlying our 1-Click feature,' said Jeff Bezos in a press release. But an Appellate Court wasn't quite as impressed with Amazon's innovation..."


Moving on to some patents that relate less to software, we also find:

1. InterDigital, Samsung settle 3G patent dispute

InterDigital and Samsung settled two long-standing patent-infringement lawsuits just as the U.S. International Trade Commission (ITC) was about to make a decision on whether to recommend banning imports of Samsung phones containing 3G phones.


2. Fairchild Semiconductor Files Patent Infringement Lawsuit Against Infineon Technologies - Quick Facts

In the lawsuit, the company stated that it believes certain Infineon CoolMOS and OptiMOS branded products, as well as other Infineon IGBT and CanPAK products, infringe one or more claims of eight Fairchild patents.


3. German firm claims Xilinx, Avnet infringe patents

Pact has been focusing accelerators that plug into the processor socket of dual or quad processor motherboards to run multimedia applications such as video, audio, voice, and image transcoding.


Feel the innovation. The lawyers sure do.

Comments

Recent Techrights' Posts

Something to Celebrate in Gemini Protocol
More capsules and users join in
 
Banned evidence: Ars Technica forums censored email predicting DebConf23 death, Abraham Raji & Debian cover-up
Reprinted with permission from Daniel Pocock
Intimidation, Threats, and Bullying Not Tolerated by Techrights
When it comes to our reporting, safety always comes first
A World Without Rules
We're long insisted on better laws and actual enforcement of them (applicable to all, not selectively applied)
IBM's BS (Bait, Switch) Regarding Ways to Stay Onboard
PIPs, RTOs, and forced relocations are just an illusion of choice (or ability to recover)
statCounter Sees Microsoft Windows Falling to New, Unprecedented Lows in Palau
Taking Android into account, Windows is now down to an all-time low of 14%
Google News Lost the Fight to LLM Slop (While Google Itself Sells Slop, Nowadays Under the Name "Gemini")
Many people say that "Google is getting worse"; that's almost an understatement
Links 28/03/2025: AirAsia Trouble Again, UMich Culls All DEI Programs
Links for the day
Gemini Links 28/03/2025: Alexa is for Gullible People, Rant About Feature Overload
Links for the day
The SLAPPs From the Microsoft Strangler (and Sidekick) No Better Than Patent Trolling
one must never settle with trolls
Links 28/03/2025: Last Reminder "to Delete Your 23andMe Data", "UK's First Permanent Facial Recognition Cameras Installed"
Links for the day
Microsoft Canonical Continues Its FUD (Fear, Uncertainty, Doubt) Campaign, Reveals Google Too Sponsored It
They're paid-for lies from a Chinese company that takes GAFAM money to write puff pieces about them
Android Rises Above 76% in Mozambique, Leaving Windows in the Dust
Windows may soon be measured as smaller than Apple's iOS
IBM, Red Hat and Microsoft Probably Also Manipulate Metrics (It Helps Con the Shareholders)
Wall Street's credibility will depend on enforcement of "checks and balances"
Slopwatch: trendhunter.com and Other Pure Junk From "Google News"
The need to vet sources is hardly new; anyone can spew out anything, anywhere. There's a need for vetting.
Gemini Links 28/03/2025: Rewatching The X-Files, Slop Concerns, and NOSTR Censorship
Links for the day
Links 28/03/2025: Australia at Risk, EPO Grants Illegal Patents With Illegal Effect
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 27, 2025
IRC logs for Thursday, March 27, 2025
Links 27/03/2025: Obituary to a Shop, Russia Trying to Buy Time
Links for the day
Links 27/03/2025: Slop, Autosuggestions, and Nostr
Links for the day
Apparently Confirmed: IBM Layoffs in Canada Today, Hundreds Affected
Impacting "177 people", says one person, "in Ottawa"
When Windows Was Dominant (1990s) Browser Monopoly Meant MSIE, But Now Google Android is Dominant and the Web in a 'Webapps' Era Works With (or Is Designed for) Chrome-isms
We've been there before
Slopwatch: BetaNews, LinuxSecurity.com, and the Attack on Web Search Using Fake and Likely Plagiarised Pages
Changing a few words here and there won't change the fact that it's not properly authored
Links 27/03/2025: U.S. Honeybee Deaths Reach Record High, Legal Occupation Next in Line After War on Science
Links for the day
Using Courts for 'Revenge' is Always a Losing Strategy
Trying to cause someone you dislike to spend a lot of money
IBM CFO James Kavanaugh Refers to Firing of Almost 10,000 Americans as "Workforce Rebalancing" (Shifting IBM's Centre of Balance to Low-salary Contracts/Countries)
The scale of IBM layoffs is getting too large to evade WARN Notices
[Video] Dr. Richard Stallman's Keynote Speech in Kerala Finally Uploaded
In non-free format and proprietary YouTube, but perhaps that's better than nothing
Islands Are Leaving Microsoft Behind, According to statCounter
Android has had a very strong year
EPO Management Fails to Deny That the Office is Discriminating Against Women
Europe's second-largest institution isn't just exceedingly corrupt but also immoral
In Some Countries the Market Share of Vista 11 is Going Down, Not Up
despite being released in 2021
Rumour: Mass Layoffs in IBM Canada Today
Maybe later today some people from Canada will say something firmer and maybe some media will even talk about that
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 26, 2025
IRC logs for Wednesday, March 26, 2025
Gemini Links 27/03/2025: X-Files' "Kill Switch", Orlando, and ASN (Autonomous System Number) 'Hack'
Links for the day
Links 26/03/2025: Healthcare Cuts and Turkey's Own "2025 Project" (Culling Opposition)
Links for the day
LLM Slopfarm: A Site's Last Incarnation Before Throwing in the Towel, Going Offline Permanently
A lot of coverage that claims to be about Finland is chatbot-generated nonsense or poorly-plagiarised work
Microsoft Canonical Pays IDG to Spread FUD (Fear, Uncertainty, Doubt)
this seems a tad exploitative and reminds us of the time Novell kept telling companies that using anything other than SUSE was dangerous
Gemini Links 26/03/2025: GTD, Zenshuu, and Geminispace Community
Links for the day
Links 26/03/2025: Media's Failures, Arrests of Journalists, Limitations of End-to-End Encryption
Links for the day
LLM Slop (Lots of It Spewed Out by Microsoft) Versus Linux
Microsoft is a very, very evil company. It doesn't mind destroying the Web if there's a chance it'll make a buck in the process or mess up people's brains (in Microsoft's favour).
Slopfarms (Sites That Only Ever Publish LLM Slop) Are Killing Google News
pair of slopfarms still propped up by Google News
Microsoft's Serial Strangler's Law Firm Has a Long History of Fronting for People Who Do Bad and/or Illegal Things
Whose terrible idea was this?
Novell and Microsoft Apologist/Booster Bruce Byfield Writing About the FSF is a Recipe for Problems
Totally not shoehorning some agenda
Looking Forward to the Fall of UPC and Revocation of the Unified Patent Court (UPC) Agreement, Which Was Always Illegal and Unconstitutional
We'll try to keep abreast of any progress in this case
Slopwatch: Google News, LinuxSecurity.com, and the General Demise of the Web
many supposed or so-called "news" pages are just spewed out by some chatbots (or tools which help plagiarise original articles without getting caught; detection gets harder)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 25, 2025
IRC logs for Tuesday, March 25, 2025