Bonum Certa Men Certa

Microsoft & Acacia's Extortions Roadshow

Brother's patent deal with Microsoft is a subject that we've already covered in:

  1. Microsoft Distorts the Linux and Virtualisation Markets
  2. Boycott Brother Industries
  3. Microsoft: Deal with Brother Similar to Novell's
  4. Patents Roundup: Apple, Microsoft Trolls, and Linux


In the last among these posts we mentioned Epson, whose printers apparently required patent cross-licensing with Microsoft. But it turns out that Epson became a victim of Acacia's extortion (Acacia has former Microsoft employees within its top ranks [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]) and in response to this, Epson has just joined the silly thing called RPX, which is a pricey patent repository. What an utter waste of time and a total waste of money that is [1, 2, 3, 4, 5, 6]. How does any of it empower developers? Ars Technica takes a harsh stance against this pattern in a "let's kill all the lawyers" edition.

Software patents have been a fantastic source of innovation... among patent attorneys. Their value to the software industry as a whole is rather more dubious. But are they even legitimate? The Supreme Court hasn't directly addressed the question in decades, but in a thorough analysis for Ars, Tim Lee finds reason to think they're the legal equivalent of vaporware.


There is also the following essay, "The Hoax of Invention History."

This chapter makes me sad for all the great innovators whose names are not in the history books, and even sadder for all of us who have been denied great innovations because some fool managed to make it to the patent office first only to use that privilege to kill his competition the next day. Far from encouraging innovation, patent and copyright have managed to kill off so many wonderful works of art and technologies that it boggles the mind. In order to understand this, you have to look beyond the patent records. You have to train yourself to look at the unseen costs of government regulation.


Acacia went after some other printer makers, from which it extorted money very successfully. Dell and Lexmark are the most recent victims and the lawsuit was filed in the Eastern District of Texas, as usual.

Acacia Research Corporation announced today that its subsidiary, International Printer Corporation, has entered into a settlement and license agreement with Dell Inc. covering a patent portfolio that relates to networkable multifunction printer technology. This agreement resolves patent litigation that was pending in the United States District Court for the Eastern District of Texas against Dell. International Printer Corporation has also entered into a license agreement with Lexmark International, Inc. covering the same technology portfolio.


Going back to the posts about Brother, Matt Asay has published this commentary on the subject.

Slowly, behind the scenes, Microsoft continues to try to portray Linux as risky and Microsoft's patent coverage as insurance. Given that the company selling the insurance is also the one threatening a lawsuit, however, Microsoft needs to step very carefully to avoid the "extortionist" label. I personally believe that it has already crossed the line and needs to get back to competition between products, not lawyers.

Microsoft Windows competes well against Linux. The company doesn't need patent trickery. It has a compelling, valuable ecosystem that it can use against Linux. Why does it continue these Linux kidney punches, of which Microsoft claims it has closed more than 500 deals?

[...]

Perhaps Microsoft is the company with something to hide? The last time I checked, Linux was open source, with everything available for public inspection. In the Brother patent deal, as in all the others, Microsoft has made absolutely nothing available for public inspection to test the veracity of its claims. That's a sign of weakness, not of strength.


In other patent news:

i. Patent Bounty Paid in Garmin Patent Dispute

Article One Partners announced earlier today that two winners will share the $50,000 prize for discovering prior art in Article One’s Garmin/SP Technologies Patent Study. The Study related to a graphical interface providing a touch screen keyboard display that may not be minimized, maximized, closed or deleted. In a 2008 complaint filed in federal court in Chicago, SP Technologies, LLC (SPT) accused Garmin Limited and Garmin International, Inc. of infringing SPT’s patent. Garmin is a market leader in the portable navigation devices market. This litigation follows prior industry action from SPT involving this patent including infringement actions that have settled against Apple’s iPhone and iPod Touch (settled May, 2008) and Magellan Navigation products (settled January, 2009), in addition to ongoing cases against Samsung Group, HTC Corporation and TomTom products.


ii. Kaspersky files image-based spam busting patent

Kaspersky Lab has patented a statistics-based method for detecting image-based spam that is used to bypass traditional text-based filters.

The technology analyses whether text is contained in images based on the graphic pattern of words and lines, said developer Eugene Smirnov.


The one thing we know is that Microsoft not only intends to use patents against Linux; It's already doing this and Novell conveniently ignores the problem because it has an exclusive not-to-sue promise from Microsoft. Novell receives a lot of money to do this.

Novell money



""[...] we know that Microsoft is getting patents on some features of C#. So I think it's dangerous to use C#, and it may be dangerous to use Mono."

--Richard Stallman

Recent Techrights' Posts

Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024