Bonum Certa Men Certa

Patents Roundup: Microsoft Patents Customer-hostile DRM, Refuses to Obey Patent Law; Apple and eBay Sued; Patent Troll Tracker Set Free

Summary: As the title suggests, this is yet another roundup of patent news of interest

THERE IS a lot of news to go through today, so here is just a gist of developments in the patent world -- in particular issues that affect Free software. The Inquirer was one among several sources that noticed Microsoft's latest patent that harms people's rights and freedom. It's about DRM, which Microsoft almost pioneered and certainty welcomed.



SOFTWARE IMPERIALIST Microsoft has been awarded a patent for a distributed DRM system that works over peer-to-peer (P2P) networks.

Patent number 7,594,275 is entitled, "Digital rights management system" and uses encrypted public and private keys as the licensing mechanism.


Encryption is for security, not for prevention of access to one's own files. But this is what Microsoft not only does here but also strives to have a monopoly on. To their defence comes the familiar anti-GNU/Linux brigadier whom we wrote about here. One person at Linux Today responded to him as follows: "No sorry its not "stealing" please cut the crap."

Sharing cannot be "stealing" where only copying (duplication) is concerned. DRM can never really prevent "stealing", unless it acts as a deactivation mechanism that reduces desire for theft, e.g. of a cellular phone. But encryption too has been patented, so Apple and eBay get sued. From Heise:

For some time, Vendor TQP (Telequip Corporation) has been filing lawsuits against various US banks over its patent for changing keys during encrypted data transmissions. Now the list of defendants also includes Apple and eBay. The claim is about the alleged violation of a patent which was applied for in 1992 and granted in 1995. It describes a method in which symmetric keys for a sender and a recipient are created using synchronised pseudo-random number generators and may be changed during transmission.


This is a very fundamental idea in cryptology. How can that be a patent? Patenting this only reduces security and acts as a barrier to those who are trying to make the world a safer place.

Microsoft has perhaps realised that deliberate infringement is acceptable [1, 2, 3, 4, 5, 6, 7, 8, 9, 10] because patent laws do not apply to Microsoft. To Microsoft, annulling the ban on Word was not an interim verdict that's sufficient; the company goes further and attempts to shoot down the entire monetary penalty.

Microsoft protests $290m Word judgment



[...]

A federal judge fundamentally misinterpreted a patent asserted against Microsoft Word, an error that should require a $290m infringement penalty to be overturned, attorneys for the software giant argued Wednesday.

[...]

i4i has claimed that Microsoft deliberately set out to destroy its business while publicly proclaiming the two were allies. Microsoft's inclusion of custom-XML editing in Word from 2003 usurped its own invention and relegated its patented technology from a mainstay in the mass market to a niche player in the pharmaceutical industry, it has said.


In other news, the USPTO is overflowing with patent applications which cannot be processed in a timely fashion and patent lawyers -- rather than acknowledge that there is a fundamental issue with scope of patenting -- believe that throwing more people at the problem is the way to go, apparently.

The IPKat thinks that making the system more efficient is all very good, but wonders how far this will go in reducing the backlog.


Over at TechDirt, a warning gets sounded regarding these attempts to popularise the changing of hands on patents, which only elevates patent trolls like Microsoft's Nathan Myhrvold.

The auction will be run by Pluritas, a patent broker based in San Francisco. Robert Aronoff, its managing director, says Zoltar has strong, court-tested patents that apply to a huge industry, at a time when there is an increasingly brisk market for intellectual property. “They are entering into this vastly changed marketplace with a hot property,” he said.


If such auctions become the norm, then patents become ownership of opportunistic lawyers rather than actual inventors with morals. Who is this system really for then?

Some days ago we wrote about Patent Troll Tracker, who has been fighting this rotten system and put at stake his career in the process [1, 2, 3, 4, 5, 6, 7]. The good news is that the case is now settled.

None of the lawyers involved in the case would comment on the settlement Monday. Cisco issued a statement Tuesday morning in which it said the dispute between the parties "has been resolved to their mutual satisfaction, and Rick Frenkel and Cisco apologize for the statements of Rick Frenkel on the Troll Tracker blog regarding Eric M. Albritton." Frenkel is now of counsel at the Silicon Valley law firm Wilson Sonsini Goodrich & Rosati.


Sadly, as TechDirt puts it, even with Rick Frenkel set free, Patent Troll Tracker is unlikely to ever come back.

The real question is whether or not this means Frenkel will start blogging again. Some of his statements in the past (and having to go through this entire ridiculous process) suggest that he may not blog again. However, I'm hopeful that he'll get back to it, though obviously not anonymously any more. His work in highlighting some of the more nefarious actions of patent system abusers is still sorely missed.


Will someone succeed Frenkel's work? Let's hope so.

Patent Troll Tracker - Rick



Recent Techrights' Posts

They Don't Tell Us that 'Digitalisation' (Now Sold as "Hey Hi") Just Means Customers Become Unpaid Staff and Are Made Accountable
People are being conditioned to associate technology with something undesirable, at times even unbearable
Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
 
Apple Vision Pro Failed So Badly That Its Sales Are About 2,000 Times Smaller Than iPhone Sales
What's left for Apple to offer other than hype?
To Millions of People "Year of the Linux Desktop" Was Some Time in the 1990s (Bootable GNU/Linux as a Complete Operating System is Over 33 in Age)
In some sense, "year of the Linux desktop" was 33 years ago
Make No Assumptions (or Demands) About the Screen Resolution Used by Other People
There are usability aspects, aside from accessibility aspects
Why Wayland (and XWayland) Won't Solve the Key Problem It Proclaims to be Tackling (the Same Is True for Rust)
The problem isn't Wayland per se but the false promises and efforts to force everybody to move to it whilst insulting or demonising everyone who won't play along
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day
LLM Bots vs Techrights
Slows things down a bit
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
Fragmentation of Data
Life is too short to "hoard" data
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025