Bonum Certa Men Certa

Patents Roundup: Microsoft, Patent Ambush, Moral Issues, and Europe's Back Door



Summary: The latest news about patents with emphasis on software

Microsoft



THE COMPANY from Redmond has been busy creating patent FUD against Linux using an assault on TomTom. This does not mean, however, that the company is immune to the very same patents its actively lobbying for around the world (with the simple aim of making truly Free software illegal). IDG presents this new story of the company which won hundreds of millions of dollars for what it claims to be patent violations in Microsoft software.



A small security company that won a $388 million judgment against Microsoft after accusing the company of patent infringement has big plans for the future.

Uniloc, with U.S. headquarters in Irvine, Calif., prevents software piracy by creating a unique device fingerprint that can distinguish the computer in your hands from any other computer ever built. Vendors that want to prevent unauthorized use of software tie their product activation processes to Uniloc's patented method of identifying a device.


Patent Ambush



FAT is a good example of patent ambush, a practice whereby a company seeds the market with its technology and then waits until it spreads widely before attacking/extorting. It is a form of ambush, or the setting up of a trap for competitors.

Rambus is a recent case study [1, 2, 3, 4] in this one particular area. The FTC had the company investigated. But now, however, it turns out that the FTC does just what it always does. The British press says that the FTC just lets Rambus off the hook despite patent ambush.

US regulators have finally thrown in the towel after seven years of battling memory chip designer Rambus in court.

The Federal Trade Commission today said it's officially dropped claims Rambus violated antitrust laws by hoodwinking the JEDEC (Joint Electron Device Engineering Council) industry standards group into approving memory technologies on which it was quietly obtaining patents.


 

The FTC has been wrestling with Rambus for yonks on claims the firm manipulated the Joint Electron Device Engineering Council (JEDEC) - the body in charge of memory industry standards, not some distant galaxy - to adopt memory technology designs that Rambus was sneakily patenting.


This looks pretty grim for the FTC. It tolerates abuse in the standards/patent industry and thus breeds mistrust.

Further on the same subject of patents in standards, read what this man shrewdly says.

Either EU remains committed to open standards or the term "open standards" need to be removed from the new interoperability framework decision. Perhaps just standards as in formal standards from ISO would be more adequate? Open standards should not be stolen from the winning innovative Internet realm just because the greed of those that prefer royalty based industry standards.

[...]

" The term "open" is usually restricted to royalty-free technologies while the term "standard" is sometimes restricted to technologies approved by formalized committees that are open to participation by all interested parties and operate on a consensus basis." (at least still)


If one needs to pay a competitor for use of a so-called 'standard', then it's proprietary, not open. "Open" should not be taken just for visibility, or else new terminology is required, such as "free(dom) standards".

Counter-Productive



Look what IBM is doing.

"Last week, the USPTO granted IBM a patent for its System and method for comprehensive automatic color customization in an email message based on cultural perspective. So what exactly did the four Big Blue inventors come up with? IBM explains: 'For example, an email created in the U.S. in red font to indicate urgency or emphasis might be mapped to a more appropriate color (e.g., blue or black) for sending to Korea.' IBM took advantage of the USPTO's Accelerated Examination Program to fast-track the patent's approval. BTW, if you missed the 2006 press release, IBM boasted it was 'holding itself to a higher standard than any law requires because it's urgent that patent quality is improved.'"


IBM should be shamed for this. It is still a big part of the problem. Digital Majority has found another good article about the economic impact of this gold rush to own every idea under the sun.

It costs high-tech companies an average of $5 million to defeat a frivolous suit. So often defendants pay large sums just to make the case go away. This money is diverted from worthwhile research and development that could go to innovation leading to more jobs and economic growth.

The American economy is in critical need of invention and innovation. But if we want intellectual property industries to help invent a way out of the recession, we must put an end to the legal gamesmanship that rewards lawsuit abuse over creativity.

All industries directly or indirectly affected by patents — including finance, automotive manufacturing, high-tech, bio-tech and pharmaceuticals — will benefit from patent reform. It will encourage innovation — from the lone inventor in his or her garage to the high-tech company that files a thousand patents each year, and all businesses in between.


Moral Issues



Economic issues aside, there is a moral and mortal issue at stake too.

Patents as a whole are becoming increasingly controversial. It's not just about software patents, which happen to be more relevant to Free software in the sense that they harm free distribution. Patents sometimes kill. They get to define who lives and who dies.

Here is a new article that Groklaw aptly labels "Pandemics and Patents":

Swine Flu Not an Accident From a Lab, W.H.O. Says

As for the use of oseltamivir, the generic form of Tamiflu, the W.H.O. has certified only one drug — Antiflu, made by the Indian company Cipla in both pill and liquid forms — as equivalent to brand-name Tamiflu.

[...]

The move could prompt patent lawsuits by Gilead and Roche, which developed and sell Tamiflu, so Cipla will sell only to countries indemnifying them against such suits, the company said.


There is also more recognition that human rights are being compromised: "Experts Aim To Balance Intellectual Property Rights And Human Rights"

The United Nations human rights framework is being brought to bear on intellectual property law, in the hopes that the weight of expert voices in human rights can lead IP regimes toward a better balance between the needs of industry and the needs of public policy.

The Working Group on the Right to Development, an intergovernmental political body, in August 2008 took on the task of examining two intellectual property-related development partnerships that could influence the work of policymakers in at least two UN institutions.


Europe Awoken



Can Europe stay a haven to FOSS developers at all? Was it ever a haven when threats of embargo were issued across the Atlantic? There is forever a danger that Microsoft tries to legalise software patents in Europe. Since it cannot compete based on technical merits it will try to injure and illegalise FOSS. It is so much easier than producing a better product sometimes. Here is a timely new reminder of the situation:

MEPs locked horns with the Commission again in 2005 over a proposal to harmonise patent protection law for computer-implemented inventions, dubbed the ‘software patents' directive. MEPs demanded that Charlie McCreevy, the European commissioner for the internal market, revise the draft legislation, but he refused on the grounds that EU governments supported its objective. An overwhelming majority of MEPs voted to reject the proposal in second reading, the first time the Parliament had ever used this power.


One last point: there is growing concern that software patents may arrive at continental Europe through a form of unity with the UK (Charlie McCreevy is Irish), which has already permitted Nokia to do its damage.

Certain computer programs are patentable according to the UK IPO.



[...]

The Patents Act says that something cannot be patented if it consists only of a program for a computer. The IPO has historically been stricter in denying software patents than European patent authorities, despite UK law being based on the European Patent Convention, on which the European Patent Office bases its decisions. The US allows software to be patented. The UK IPO now states that Software that allows programmers to program a mobile phone system remotely from a computer can be patented because it is more than just a software program. The ruling overturns an initial decision that the invention is unpatentable because it consists of nothing more than a computer program.


Watch out for the back door of Europe.

Recent Techrights' Posts

As Expected, Facebook Collapses, Microsoft Hides Massive Debt
GAFAM is a giant mountain of debt
Staff of EPO Cautions Against Unlawful Weaponisation of PIPs Against Industrial Actions That Protest Corruption
PIP-like sanctions against anybody who does not toe the line of Cocaine King?
IBM, Running Out of Things It Can Sell, is Selling Software Patents
IBM is not just pathetic; it's actively harmful because it lobbies for software patents and spreads software patents around
The 'Church' of Moglen/Stallman
'reunion' with Eben Moglen
Microsoft Has Fallen to #3 in Singapore
There are many technically talented people in Singapore or overseas workers who lodge in Singapore
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 29, 2026
IRC logs for Wednesday, July 29, 2026
At The Register MS "PARTNER CONTENT" Means Company Writing Fake Articles About Itself and Its Own Products
At The Register MS, content-farming has become a thing
Gemini Links 29/07/2026: Star Trek, Retirement, and ODEs in GNU Octave
Links for the day
Links 29/07/2026: "BuzzFeed Lays Off 33 Percent of Remaining Staff" (Trying LLM Slop Some More), Scam Altman Mocked by the Media
Links for the day
GNOME Curated and Censored by IBM (Under the Guise of "Code of Conduct")
Felipe Borges (IBM) has just posted a follow-up
Digital Mass Surveillance as a Hallmark of Failed Societies
"small leap forward in tech ethics"
I Found a Typo, Don't Vote!
Social control media isn't good at adding any meaningful signal
Jeremy Sands Explained the Harms of Codes of Conduct
next week the 500th show milestone [is reached]
Tonight's Earnings Report From Microsoft and Facebook ('Meta') Will be Faked Because They Hide Almost a Trillion Dollars in Debt
The US economic system is only as honest as the people who govern it
The Vacuum Syndrome
Parables help
The Only Old People Who Can Survive IBM Are the CEO and His Circle of Enablers
very similar to what's happening at the EPO
Microsoft Layoffs Aren't Done Ahead of the Need to Tell Shareholders About "Efficiency" (Tonight)
Microsoft layoffs won't be "Done" until what's left of Microsoft is "None"
Microsoft Lacks Growth. Ahead of 'Results' The UK's Competition and Markets Authority (CMA) Finds Merit in Allegations Slop is Microsoft's Excuse for Price Hikes (Piggybacking Vendor Lock-in).
At this stage it's not hard to see why many nations gravitate away from Microsoft
Parliament leaks confidential cult inquiry witness contact list (COFG Victoria)
Reprinted with permission from Daniel Pocock
Troll-Feeding is Time-Wasting
in social control media
WordPress is Technical Debt
There are a number of technical tasks underway and maybe some testing (this coming weekend or later)
Will Red Hat Still Exist in 2027 or Just Become a "Brand" at IBM?
Whistleblowers told us IBM was laying off about 500 Red Hat engineers earlier this year
Call for IBM Whistleblowers
If you work for IBM and have something material (like balance sheets) to prove financial misconduct, please try to 'touch base' and establish a secure communication channel we can both use
EPO Series on EU and Pan-European Corruption, Vote-Rigging, Extending Beyond the EPO Itself
By Saturday it will be August already, so we'll start preparing for Rianne's birthday
SLAPP Censorship - Part 133 Out of 200: Lies by Omission
As usual, the other side wants people to ignore how much they lost
European Patent Office (EPO) Series: Streamlining the Decision-Making Process
Negrão was one of 17 applicants for the position but he somehow managed to end up as the sole candidate on the shortlist prepared by the Management Board in June 2020
Links 29/07/2026: "Hugging Face Has a Deepfake Nudes Problem" and "$1.5B Anthropic Copyright Infringement Ruling" (Plagiarism is Not "Training")
Links for the day
Comments on Today's Judgment
It hopefully helps clarify what actually happened
Thank You, Andy
Burnham and "Tech Rights"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part II - 77 Messages Sent, Did Not Even Investigate or Examine Any of the Actual Evidence (British Taxpayers' Money Wasted)
SRA has become known (even notorious) for inaction
Inevitable Politics
In technology, provided the work you do has growing impact (we served almost 2 million requests yesterday), things will inevitably become more political - whether you like it or not does not matter
Not Only "Loonies Take on Farage"
pretending that the opposition to the right wing is "Loonies"
Brigading Against Women - Part I - Bypassing the Legal System by Threatening Companies in Another Continent
In the next part we'll begin to connect Lozza's online activities (and court activities) to those of Garrett
IBM is Trying to Turn Debt (Borrowed Money) Into Fake Growth and It'll Worsen Matters
they put in their balance sheets a fake "growth" in something that does not even exist
Microsoft Relies on Misleading Narrative of Studios Going 'Independent'; in Reality There Are Mass Layoffs in Them
This is not a good narrative for Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 28, 2026
IRC logs for Tuesday, July 28, 2026
Gemini Links 29/07/2026: Arosa, Tired Tuesday, and Constellation Browser
Links for the day
In IBM, PIPs and RAs (Layoffs) Have Become Almost the Same Thing, Workers 'Expire' With Age (Seniority, Experience) and Empathy is Punishable by Termination
IBM does seem like a dead company
At Microsoft, PIPs Are Sometimes Known as "LITE" (a Silent Layoffs Legal Hack or a Shrewd Workaround to Skirt WARN Act)
Zero "layoffs" to report
Gemini Links 28/07/2026: “Strategies Against Algorithms” and DIYers
Links for the day
"Social Dialogue" With the Man Who Never Faced Real Competition at the European Patent Office (EPO), He Buys the Voters and Eliminates Rivals
Will the "Pretender" write back?
Digital Restrictions (DRM) and Microsoft: What Kills XBox Will Kill Windows Next
Microsoft wrongly and very arrogantly assumed that users would tolerate everything it throws their way
GNU/Linux in Afghanistan Reaches 7%
For many years it was stuck at less than 1%
Greenwashing Corruption With a "Chief Sustainability Officer", Who Infamously Defended Battisetelli's Crimes at the EPO and Petitioned for Him
She was rewarded for conspiring against EPO staff, as usual
What I Explained to Police About Blackmail and Death Threats via Burner Accounts (a Practice Which Generally Constitutes a Crime)
Today I've communicated several times with police
Links 28/07/2026: "People’s Claude Chats Are Publicly Accessible Online" and SpaceX Stock Crashes Like Its Products
Links for the day
UK tech sector missing from democratic process
Reprinted with permission from Daniel Pocock
How Not to Cover Elections (Democracy Relies on Reliable, Complete Information)
Misinformed voters are a recipe for disaster
Microsoft E.E.E. (and "Bait and Switch") Going Exactly According to Plan
That is what they are trying to tell us and the companies that employ us
IBM: An Old Company That Hates Old People
Remember that's coming to Red Hat workers in 2 months
Strict Policy on Violence and Violent Language
This matter is now being escalated to law firms
Avoiding Discrimination Against People With Disabilities
work underway to improve the system which runs the sites
Links 28/07/2026: XBox DRM Doomed Everyone (Cannot Play Anything), Slop (Ponzi Scheme) Being Pinkwashed Now
Links for the day
Gemini Links 28/07/2026: Ethics, GIMP Script-Fu, SMTP Versus Gemini, and Proposal for Better TOFU
Links for the day
To a Sociopath, Ethical People Are Bad People. Don't Fall for It.
If you put sociopaths on a pedestal, the pedestal will break
Improving the Static Site Generator
Our system has fixes triaged
Diversity in Debian
bringing up the topic is the real problem, diversity itself is a taboo subject
GNU/Linux in Brazil. The B in BRIC(S).
the "market share" is assessed to be around 5%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 27, 2026
IRC logs for Monday, July 27, 2026