Bonum Certa Men Certa

Patents Roundup: Microsoft, Linux, Acacia, Junk Patents, and Pseudo Reform

Microsoft's Attack on Linux with Software Patents



Jonathan Corbet's analysis of the TomTom case is finally available to non-subscribers and more details on why Microsoft is likely to lose the case can be found here.



Bruce Perens and Jeremy Allison discuss the TomTom situation in Slashdot while Stuart DeGraaf writes in LinuxToday:

I believe this is all part of Microsoft's strategy to kill GNU/Linux. Novell won its case against SCO; Novell proved that it owns the "IP" in UNIX. As a result, Microsoft cozied up to Novell with a patent protection/extortion plot it knew would kill Novell. Now that Novell is at death's door, Microsoft will buy Novell, and own the "IP" rights to UNIX.

Fortunately, ownership of UNIX doesn't imply ownership of GNU/Linux, but I bet that Ballmer is going to try to play this legal card anyway. Ballmer and his M$-bred "IP" patent trolls (Nathan Myhrvold) want to destroy the scientific method and turn the clock back to the Dark Ages.


Remember that Nathan Myhrvold claims "Intellectual property [to be] the next software." He is still very close to Microsoft and he is the world's biggest patent troll, who is now funding a study to defend the practice. Microsoft fosters quite a pack of patent harvesters to potentially support a patent attack on Free software.

Acacia and Other Patent Trolls



Bearing in mind that Acacia has connections with Microsoft [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11], we have already written about this company in [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23]. According to one of our readers, Acacia has just 'patented' -- or rather -- bought a patent on anti-Trap safety technology for vehicles. This is what they do for a living rather than ever produce something. They buy rather than develop, just like Microsoft:

"Usually Microsoft doesn't develop products, we buy products."

--Arno Edelmann, Microsoft's European business security product manager



TJ Chiang, a professor at George Mason Law School, wrote for Patently-O about patent trolls and this report suggests that a controversial Burst.com patent [1, 2, 3, 4] is being passed to another unnamed entity (probably a patent troll) which will seek return for this large investment. In other words, the so-called 'inventor' of buffering for media -- as trivial an idea as it is -- is enabling racketeering in exchange for money received for a piece of paper.

Wonderful.

Junk Patents



TechDirt is a great resource for information about the troubles with patent systems, the USPTO in particular. The following 3 articles are a few days old, but they are very relevant still.

i. Want To Create A Simple App To Tell You Where Someone Is Calling From? You Can't, It's Patented

As he started to write the app, he figured he should take a quick look around to see if anyone else had done so... when he came across the fact that someone had written that app, but thanks to a patent threat, it had been shut down. In fact, the patent holder, Cequent, has sued a few others who dared to create such a simple database lookup app themselves. The patent itself describes an incredibly simple database lookup... yet, now no one else is allowed to create such an app.


ii. The Fight To Patent A 'Paradigm' For Marketing

For a variety of reasons this should be unpatentable, and so far (thankfully), the USPTO and the courts have agreed -- but Harris keeps trying to appeal, claiming that a company is no different than a machine -- and if a machine can be patented, so can the "paradigm" of the company.


iii. Apple Withholds Patent From Widget Standard

It's way too common these days. The latest to do this appears to be Apple, who withheld a key patent on technology for online "widgets", which has recently been standardized. The standard was set by the W3C, who asked for companies to commit their patents royalty-free in order to move the standard forward so that everyone could benefit. Instead, Apple held out a key patent, and can now start demanding people pay up.


Speaking of Apple, our reader says that "Apple patents the Wii wand" and another decent article insinuates the the US patent system has gone too far.

When Samuel Hopkins came up with a method for improving the production of potash, it was probably just the kind of invention that President George Washington had in mind when he created the US patent system. Hopkins, who in 1790 received the first American patent ever issued, had discovered a way to increase the production of a critical resource used to make glass, soap, and soil fertilizer.


How does it feel when this very same patent system is implicitly promoting unnecessary death now? Here is the proof from Wikileaks.

2. This document contains a simple, guided system for processing calls for emergency aid. It was created free of charge and distributed with the OpenISES system but was removed from distribution and destroyed due to a patent threat from Priority Dispatch Corporation. This document has the potential to help save lives in areas that cannot afford proprietary emergency response scripts

3. Emergency dispatch offices in areas unable to afford proprietary scripts (especially overseas where U.S. Patent Law does not apply), developers and emergency response personnel wishing to continue the project, and bloggers and journalists wishing to document some of the unsavory ways companies utilize the patent system.


Says one reader: "The patent system promotes and bribes you when you reinforce the belief system. And when you question the religion of the aborigines it would be felt as anything between heresy, intolerance and racism. So you flexibilise your viewpoint, you study the religion and the myths.

“The patent system promotes and bribes you when you reinforce the belief system.”"All what you need to know about patents can be found in the study prepared by Fritz Machlup to Congress, 1958 [PDF, 24.8 MB]. A must read! With it you can debunk 90% of what lawyers tell you as unsound. This is 50 years old but it still reflects the state of the art.

"It is the same with open standards, all you need to understand is that the conflict is about RF and RAND licensing. Everything else is just a screen."

Reform Farce



The so-called 'reform' bill is not much of a change. We are still writing about this [1, 2, 3] and so do many others, e.g.:

i. Abramson on Software and Patent Reform

Tuesday, I was able to speak with Bruce Abramson, who has for years studied the copyright/patent/intellectual property rights conundrum that software presents. And he's not shy about saying that we're on course for a series of collisions.


ii. US goes back to work on patent reform

Michael Holsten, HP's executive vice president and general counsel, said that his company is granted an average of four patents a day, and is constantly targeted by lawsuits over alleged infringements.


They resort to an incorrect solution that protects the likes of H-P but not software developers, particularly not small ones. A 'reform' of this kind can only be found in a 'corporate client state' -- one which is run by (and for) the largest corporations.

Astronaut

Comments

Recent Techrights' Posts

IRC Proceedings: Saturday, July 13, 2024
IRC logs for Saturday, July 13, 2024
Julian Assange’s Brother Gabriel Shipton Explains the Logistics of 'Smuggling' Julian Out of the United Kingdom
a lot of new information and prison stories
[Video] Why Wikileaks Publishing War-Related Documents Was Both Important and Justified
It's important to remember the principle which says privacy is for the powerless, whereas the powerful (like those with the power to kill) deserve not privacy but transparency
[Meme] Attacking the "G" in GNOME (Since 2009) Was a Mistake
Spending 50,000 pounds to sue women of racial minority
Difficult Times in GNOME Foundation
GNOME Foundation is in "crisis management" or "face-saving" or "damage control" mode
 
The Smugness of "I'm a Journalist"
Attacking women for expressing their opinions (for example, about the abuse they received) isn't unprecedented
It Takes No Courage to Become Another Corporate Stooge
transition to spam
Why Techrights Has Just Programmatically Blacklisted ZDNet
Even their "Linux" writers are AWOL
Gemini Links 14/07/2024: The Stress of 24/7 Notifications and FOSS tools for Sipeed Tang Nano 1K
Links for the day
Windows Already Down to 10% in Lao (It was 96% a Decade and a Half Ago), Vista 11 Adoption Has Stalled
And GNU/Linux is topping a 1-year high in Loa
Over at Tux Machines...
GNU/Linux news for the past day
Links 13/07/2024: Patent Trolls in UK Court of Appeal, Eric Schmidt Continues so Show Womanising at Google
Links for the day
Links 13/07/2024: Not Quite Dead Yet After All and Unfederated E-mail
Links for the day
Holly Million, GNOME Foundation departure after Albanian whistleblower revelations
Reprinted with permission from Daniel Pocock
[Meme] Like They Got Rid of Molly (and Now Holly)
Pay over 100,000 dollars a year for someone without any background in tech (to "lead" a tech project)
Microsoft Windows Falls to Almost 10% in Palestine (It Was Measured at 100% Just 15 Years Ago)
quite a big drop
Guardianship of the Licence is Not Enough (the Case of Systemd and Microsoft)
Whether the GPL gets enforced or not, if people adopt lousy software, that will have negative consequences
Speaking Out and Spreading the Message of GNU
Free Software Foundation (FSF) got 112 new members since 2.5 weeks ago
3.5 Years in Gemini
It's important to speak about and spread the word (about software freedom, BSD, GNU/Linux, patents etc.) in a medium that's strategic and growing
[Meme] Whoever in GNOME Decided to Attack the G (GNU), It Was a Foolish Miscalculation
How could they expect any outcome other than GNOME's own collapse?
Windows Down to Unprecedented Low in Czech Republic, Android Rises to New Record
From 98% in July 2009 (15 years ago) Windows is down to all-time low of 38% and well below Android
GNOME Foundation Lost Nearly a Million Dollars in 2 Years, IBM and GAFAM Won't Bail It Out Anymore
Seems like a suicide mission
Google News Has Become a Big Pile of Garbage
The issue predates chatbots, but these SEO tricks were accelerated somewhat by slop
OpenAI and ChatGPT Could Very Well Collapse and Shut Down Later This Year (Huge Losses, Sagging Usage Levels, and Massive Debt)
we illuminate the suppressed observations that Microsoft-sponsored publishers and cheaply-made slop (LLM spew disguised as "news") try to distract from
Links 13/07/2024: TikTok Interferences, YouTube Throttled in Russia
Links for the day
Kathy Lette on Julian Assange Staying at Her Attic, Why His Release Matters So Much, and Jen Robinson Staying Over Yesterday
They talk a lot about politics, but the segment mentions publishers, including Rushdie
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 12, 2024
IRC logs for Friday, July 12, 2024
Microsoft Windows Down to a New Low in Canada (Only a Third)
Very steep decline a decade ago
Links 12/07/2024: EU/China Tensions and Ukraine War Updates
Links for the day
EPO Staff Reps: "Until now, Mr Campinos is still leaving the appellants in the dark about the exact content of the opinion of the Appeals Committee on the EPO salary adjustment procedure."
Campinos chooses to lawyer up rather than listen up
EPO Staff Representatives Say It Has Gotten Very Hard to Get Promoted (Forget About Getting Rewarded for Hard Work)
This has long been a problem
[Meme] That Time EPO Workers Were Panicking Because the Elevators Kept Getting Stuck
Many people forgot that
Occupational Health, Safety and Ergonomics Committee (LOHSEC) at the European Patent Office (EPO)
nobody in EPO management ever gets punished for crimes, no matter how severe
[Video] Julian Assange's Brother Gabriel Shipton on How the Convoy to the Airport Was Arranged, Being at the Beach With Julian Assange After Release (He's Doing Well), and How Taylor Swift Has 'Helped' Julian
At the airport he was greeted by many press crews, but they were not there for him. They were there because of Taylor Swift.
[Meme] Financial Disinformation From Chatbots Controlled by the Manipulator (Rigger)
ChatGPT, the media is starting to say you're all hype...
Microsoft is Actually Quite Worthless, Its Valuation is Based on Lies and Consistently Defrauding Shareholders
Microsoft's future is not what Wall Street "tells" us
Links 12/07/2024: Nations That Already Ban TikTok and Russia's 'Shadow War' Online
Links for the day
Gemini Links 12/07/2024: Changing and the WIPO Lunacy
Links for the day
Let's Encrypt Continues to Collapse in Geminispace and That's Good News for Free Speech (Among Other Things)
due to the way modern Web browsers work, many sites have no option but to use Let's Encrypt or pay for some other CA to issue some worthless-but-glorified bytes
Microsoft Falls Below 20% in Montenegro - Plunging to All-Time Low
sharp drop
[Meme] The Free Speech Absolutist From Apartheid South Africa
What will it take for all sensible people to quit X/Twitter?
The Final Demise of Social Control Media May be Upon Us (It Ought to be Collectively Abandoned for Society's Sake)
If it keeps going down, prospects of a turnaround or rebound are slim
Linux is Displacing Microsoft and Replacing Windows in Germany (Android Surge and New Highs for ChromeOS+GNU/Linux in Germany)
Germany is upgrading to GNU/Linux, not to latest Windows
The Latest NDAA Amendment Can (or Should) Allow the United States to Remove Microsoft Even Faster From Its Infrastructure (Which Routinely Gets Cracked Completely by Russia and China, Thanks to Microsoft)
It's time to move!
Reorganising for Better Efficiency and More Publication (Original Material)
XBox "journalism" these days is mostly slop (chatbot spew disguised as news), so studying this matter isn't easy
Software Freedom is Still the FSF
At the moment the best advocacy group for Software Freedom is the FSF
Links 12/07/2024: XBox in Trouble, Crackdowns in UAE
Links for the day
Gemini Links 12/07/2024: Make Tea Not War, Considering Guix
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 11, 2024
IRC logs for Thursday, July 11, 2024