Bonum Certa Men Certa

Patents Roundup: Linux, Acacia, Microsoft, Samsung and More

Linux



IN some of our previous roundups we looked at Red Hat and Acacia [1, 2, 3, 4, 5], whose patent case is reappearing because Red Hat looks for prior art. Someone who goes by the alias "stickster" put it in OSNews and Slashdot:



Didn't Groklaw garner about 500 comments at the time (towards the end of 2007), some of which suggesting that there was prior art? Readers provided examples. Here is some coverage from around that time [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] and here is Acacia's very latest extortion, which it brags about to its investors.

Acacia Subsidiary Enters into Settlement and License Agreement with NetScout



EWPORT BEACH, Calif., Feb 17, 2009 (BUSINESS WIRE) ----Acacia Research Corporation (Nasdaq: ACTG) announced today that its Diagnostic Systems Corporation subsidiary has entered into a settlement and license agreement with NetScout Systems, Inc. covering a portfolio of patents that apply to rule-based monitoring.


"Enters into Settlement" is an understatement. Those who invest in such a company, which only ever does what's akin to racketeering with stuff it buys solely for this purpose, should be ashamed of themselves. This is very different from being a company that actually develops a technology or owns its creation, thus making these patents self-derived, e.g. (from the news):

1. CyberLink signs License Agreement for Macrovision’s IPG Patents and TV Guide Data Solutions to Enhance TV on the PC Experience

innovative solutions provider for the connected media lifestyle, announced today that it has entered into an agreement to license Macrovision’s interactive program guide patent portfolio and its TV Guide Data Solutions for use with CyberLink’s TVEnhance and PowerCinema software.


So TV guides are patentable now?

2. IDTELi Announces Agreement with Piedmont Credit Union of Danville VA

IDTELi LLC is an authorized distributor of the GUARDED ID€® keystroke encryption software to the financial services industries


That would be keystroke encryption. Patentable? Well, at least they own it.

What's with this mentality of Acacia then? When will it actually develop something? Or patent something rather than just acquire and coerce?

Need it be said that there is overlap -- in terms of staff's background -- between Microsoft and Acacia? Well, they think alike and Microsoft is investing in even bigger 'Acacias'.

Microsoft



Microsoft is a classic hypocrite when it comes to patents. It lies with 'honesty' about the need for patents while pretending that dissenters are worthy of labels like "communist". One person reposts a classic old article from Richard Stallman who rebuts this perception.

Today's Microsoft is a megacorporation with thousands of patents. Microsoft said in court that the main competition for MS Windows is "Linux," meaning the free software GNU/Linux operating system. Leaked internal documents say that Microsoft aims to use software patents to stop the development of GNU/Linux.

[...]

Mr. Gates' secret is out now - he too was a "communist;" he, too, recognized that software patents were harmful - until Microsoft became one of these giants.


A survey of the company's patenting carries on in Patently-O. It's part of a series.

However, only about 20% of patents that discuss Microsoft are actually assigned to the company.


In reference to the Brother patent deal (involving Linux), Matt Asay adds that Microsoft intends to force IP into IT talk. He should say "patents" really, not "IP".

Microsoft convinced Brother recently to license its patents so that Brother can run Linux drivers in some of its devices. Did you catch the oddity in there? Microsoft doesn't make drivers, Linux-based or otherwise. What intellectual property of Microsoft's did Brother need to license?

Only Microsoft knows, and it's not telling, despite repeated requests for Microsoft to open up on the patents it alleges that Linux violates. It's fine for Gutierrez to claim that intellectual property is the foundation for competition and cooperation, but when Microsoft is only willing to cooperate behind closed doors, it smacks of extortion, not partnership.


That last sentence is key. For prior information about the Brother deal:

  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


Speaking of extortion, although it's not directly related to patents, here is an interesting new report.

According to Dilger, Microsoft has orchestrated a behind-the-scenes attack on Android, using its considerable leverage with manufacturers up and down the supply chain to discourage them from promoting Android devices too enthusiastically.


The article above refers to the essay titled "Did Microsoft kill Android at Mobile World Congress 2009?"

Android is clearly a threat to Microsoft’s plans for Windows Mobile. After all, how does one sell an aging mobile operating system lacking the multitouch sizzle of the iPhone and the addictive messaging savvy of the BlackBerry in a world where Google is butting in with a free, open source alternative that allows manufactures to freely customize it as they like?


We don't fully agree with Roughly Drafted because many Linux-related announcements -- Android included -- were made at the event (we assembled them among our daily links in Boycott Novell). But there are other things to ponder.

Does Samsung Pay Microsoft for Android?



And what about LG?

Samsung, like a few other companies including Linux phone maker LG, compromised Linux when it signed a patent deal with Microsoft. It was quite similar but not identical to the Brother deal. The news this week says that Samsung is to unleash 3 Android (Linux) phones.

Reuters reports that Won-Pyo Hong, Samsung’s head of product strategy, confirmed at least three Android smartphones and at least a Linux one, which will all be outed by the end of 2009.


This is also covered here

Samsung's Android Linux Handsets Coming Soon



[...]

Those who thought Samsung was on a mobile phone spewing spree so far at the Mobile World Congress (MWC), here's more news for you.


Since Samsung pays Microsoft for Linux, what does this mean to Android/Google? Google recently paid Microsoft for patents on a technology, so it's worth exploring or at least watching more closely. Speaking of Samsung, also in the news we find that this company, which is corrupt, has resorted to an embargo strategy against Bill Gates' latest darling (Kodak).

Samsung asks U.S. panel to ban Kodak camera imports



Samsung Electronics Co Ltd [...] asked a U.S. trade panel to block imports of Eastman Kodak Co's digital cameras [...] alleging mobile phones and other wireless devices by Samsung and home rival LG Electronics Inc infringed on patented Kodak technology [...]


How does this promote consumers' needs?

EU Propaganda Watch



One of our readers turned our attention to this new video of the event where, as we noted a few days ago, a Microsoft employee was among people in the panel. It's a pro-patents forum and the guy in the video says that "whoever speaks against it speaks against Europe." There is a lot of cronyism -- some from Microsoft -- inside Europe, comprising maximalisms of centralised (as in personal) wealth and monopolies. They have hired guns. Here is the latest examples where one of Microsoft's paid shills, Jonathan Zuck [1, 2, 3, 4, 5, 6, 7, 8], is used to further the agenda of illegalising Free software.

The existing intellectual protection (IP) system - under which companies have to file a patent in every EU member state - is "a telling example” of the Union's fractured regulatory framework, argues the study presented at an IP Summit in Brussels.

To bypass the EU regulatory framework, many innovative companies and especially SMEs end up skipping the European market by applying for a patent in the US. Jonathan Zuck of the Association for Competitive Technology said: "For the EU to even consider catching up with the US and Japan, a single IP-protection must be put in place."


USPTO Broken



In light of all this chaos, some people call for the dumping of Intellectual Monopolies, altogether. [via Digital Majority]

Time to rethink intellectual property laws?



[...]

Conversely, there is widespread anecdotal evidence that the act created a mind-set among many researchers that their knowledge represents a potential goldmine not to be shared with potential competitors (i.e. those working in other universities) - at least until it has been protected by a patent application.

Similarly, the act has led to a flood of “upstream” patents on basic scientific knowledge, leading to what some commentators describe as a virtually impenetrable “patent thicket” blocking small-scale inventors from marketing their products. For example, restrictive software patents limit further development and commercialisation in the field of information technology.


TechDirt shares a couple more embarrassments for this existing system:

1. Nokia, Qualcomm Move Forward With Non-Patent-Fight-Based Relationship

Qualcomm and Nokia have been involved in a long-running series of patent disputes over chips in mobile phones. The two companies settled the bulk of their disputes last summer, with Nokia throwing a chunk of change at Qualcomm and the two making nice.


2. Patent Hoarding Firms Discover The ITC Loophole

We've been discussing the ITC loophole, that allows patent holders to get two cracks at charging a company with infringement over the same patent (using different rules) for a while now. Patent holders can sue in court and they can complain to the International Trade Commission, which has the power to issue an injunction, barring the import of any "infringing" products. Even worse, the ITC doesn't necessarily need to follow the rules set forth by the Supreme Court over what is and what is not infringing.


So Much 'Innovation'



Looking at the past few days' news, we truly find a lot of evidence of the glaring problem, so hereby we present some exemplary stuff to be used as 'ammunition' against the status quo.

Here is a company that 'innovates' noise cancellation and another which 'innovates' mapping barcode to a URL (patent here). Delta is sued by a company that 'innovated' Wi-Fi on a plane (for background see this).

Theft protection too was 'innovated' (not 'stolen', to be a tad sarcastic), with details of the embarrassment for the USPTO right there.

Here is another patent hoarder in action:

General Patent Corporation (GPC), a leading patent licensing and patent enforcement firm, announced today on behalf of its client, Renhcol, Inc., that four additional licensing agreements for the “Web-Based Prediction Marketplace” Patent have been finalized as a result of settlements in a patent infringement lawsuits with patent infringement lawsuits with Pregame, LLC (Las Vegas, NV), 1402487 Ontario Limited (Toronto, ON), IGC Entertainment Corporation (Vancouver, BC) and National Sports Services (IGC), Inc. (Las Vegas, NV)"


"A leading patent licensing and patent enforcement firm," it calls itself. Nice name for an extortion firm. Look at the actual patent. This is ridiculous.

There are other bizarre picks from the news, e.g.:



When will this end? Or rather, when will the USPTO be ended? With stuff like this abound, it's only reasonable to demand that it's reformed or shut down. This current, dysfunctional USPTO does not promote any innovation at all. It's a marketplace so ripe for abuse where both patent examiners and the abusers make a lot of money, not to mention all which is gained by lawyers.

Some of the big advocates of this state of affairs are lawyers, monopolists, and patent trolls, none of whom are scientists or engineers. They are mooching off other people's hard labour and brains.

Recent Techrights' Posts

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
More Gains for GNU/Linux, Based on Web Surveys
the Steam site shows rapid growth for "Linux" this month
 
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)
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
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
Gemini Links 02/04/2025: Books and Cold Tea
Links for the day
Links 02/04/2025: More Layoffs, Nokia Again Takes Advantage of Illegal and Unconstitutional Patent Court With Nokia Staff as 'Judges'
Links for the day
Links 02/04/2025: Seizures and Returns to Windows of 24 Years Ago
Links for the day
LLM Slop Helps Obscure and Distort News About Layoffs (IBM, GAFAM)
It's hard to find accurate information
Links 02/04/2025: Microsoft Developers Are Threatening to Go on Strike, World Backup Day Noted
Links for the day
Gemini Protocol Has Growing Appeal (the Web Got Too Bloated and Full of LLM Slop)
For any "data plan" with bandwidth limits or "tiers" it would be cheaper to use/browse Geminispace
The Web Can Survive LLM Slop, But Only If We Collectively Shun and Discourage Serial Sloppers
Doing nothing ought not be a possibility
Amid Secret Shut-downs and Mass Layoffs at Microsoft (4 Waves of Layoffs in 3 Months of 2025) Some Microsoft Staff Expected to Go On Strike
workers going on strike
Gemini Links 02/04/2025: No more on Mastodon and Gemini Mention Script in Go
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 01, 2025
IRC logs for Tuesday, April 01, 2025
My Motion Disbarring or “Striking Off” Brett Wilson LLP for Enabling Violent Americans Who Try to Crush Microsoft Critics in the United Kingdom by Multiple SLAPPs
"Guns for hire" (for Microsoft people who received Microsoft salaries)
The U.S. Patent and Trademark Office Hijacked Again by Patent Litigation Industry, as President Cheeto Prioritises Aggressors
The "mafia" has taken over the "industry" and the Federal system (justice and constitutions trampled upon)
Ubuntu Slop and FUD Manufactured With LLMs and Funded (by Oneself) 'Studies'
Slop and FUD are ruining the Web