Bonum Certa Men Certa

Patents Roundup: Microsoft Patents at Risk Due to Free Software's Prior Art; Opposition to Patents Grows

Bicycle



Summary: Free software beats Microsoft to it, as usual (just without patenting); Nobel Prize winners do not like patents and other such artificial monopolies

SOFTWARE PATENTS are an instrument of control, which is exploited both by the large and the small. The large is the monopolist (oligarch) and the small is the patent troll; other than those two classes, few ever benefit from their patent systems, which grant exclusivity rights (trade secret may often be an effective enough mechanism). Failed companies may pass over their patents to large companies, or in the case of Linus Torvalds' old employer -- to Microsoft's own patent troll.



There are some signs of optimism in Europe (EPO) now that Free software defeats Microsoft at its own malicious game:

You and your readers may be interested in six oppositions currently pending at the EPO. The opposed patents are those subject to the appeal decision T424/03 cited by the president in the referral. The patents in question are EP0717354, EP1028372, EP1028373, EP1028374, EP1028376 and EP1028377 ("Expanded Clipboard Formats") granted to Microsoft Corporation.

The principal ground for opposition is novelty and, interestingly, the prior art is open source software. These oppositions may also be of interest to the open source community who may make observations to the EPO under Article 115 EPC".


The FFII hopefully pays attention to it.

Nobel Laureates Versus Intellectual Monopolies



A couple of days ago we wrote about Elinor Ostrom, an advocate of the Commons who has just received a Nobel prize. Ostrom turns out to be just one in a series of Nobel laureates in her field (namely economics) who feel similarly. We gave Maskin and Stiglitz as examples, but TechDirt has more:

Three Economic Nobel Laureates In A Row Recognizing Power Of Infinite Goods



With the Nobel Prize in Economics being awarded to Elinor Ostrom (as well as Oliver Williamson) this year, plenty of people are noting that Ostrom's seminal work has to do with how the concept of "the tragedy of the commons" isn't really true in many cases, and how that "commons" can often self-regulate itself. And, Ostrom definitely recognizes how this applies to the "commons" that is the public domain. I didn't want to comment right away on this. While I've read Ostrom's work in the past, I wanted to revisit some of it, to refresh myself on it.


Under the title "Elinor Ostrom and the Future of Economics," a blog from Harvard speaks of her views that tend agree with Free software philosophy.

But Ostrom is a radical — and awesome — choice. Not just because of the "what" of her work, but, more deeply, because of the "how" of it. Ostrom's work is concerned, fundamentally, with challenging Garret Hardin's famous Tragedy of the Commons, itself a living expression of neoclassical thinking. Ostrom suggests that far from a tragedy, the commons can be managed from the bottom-up for a shared prosperity — given the right institutions. That conclusion challenges orthodox economics from both left and right leaning perspectives; it suggests that, yes, markets can organize production and consumption efficiently — but only when supported and nurtured by networks and communities.


The Against Monopoly Web site has just posted another bit of opposition to software patents.

In closing I would like to point out that if you affirm software/technical processes as patentable a firestorm of litigation will ensue, resulting in a massive and unjust transfer of resources. The resulting effect on innovation in the US would lead to the inevitable question: Why would we expose our company to the risk of crushing litigation in the United States when our markets are just as accessible through the Internet?


Development Versus Litigation or Litigation Versus Development?



3Com is a company that like TiVo and Akamai has been using GNU/Linux extensively (see [1-13] below), but all these companies are also aggressors with patents. We gave examples of this before [1, 2, 3]. Here is 3Com working its 'charm'. [via TechDirt, which chose the headline: "Can't Innovate? Litigate! 3Com Goes Patent Lawsuit Ballistic"]

Some big names in the computer industry were sued this week by a company claiming that they have infringed on Ethernet-related patents developed by 3Com.

The company is called U.S. Ethernet Innovations, which owns the patents spun off from 3Com for the sole purpose of launching these sorts of lawsuits. Named in the suit are Acer, Apple, Asus, Dell, Fujitsu, Gateway, HP, Sony, and Toshiba.


A reader of ours from Australia has also told us about the Commonwealth Scientific and Industrial Research Organization (CSIRO) shaming itself with more lawsuits.

A patent battle between Australia's CSIRO and 14 of the world's largest technology companies has today been revealed to have already gained the research organisation $200 million from out of court settlements.


For some background, CSIRO is suing a lot these days [1, 2, 3] following the patent-in-a-standard scam [1, 2, 3]. CSIRO's 'business' antics are something to be ashamed of, not proud of. _________ [1] Bain, Huawei to Resubmit $2.2B Bid For 3Com: Report

Within the next several weeks, Bain Capital and China's Huawei plan to€  reapply for U.S. approval for a planned buyout of 3Com, The Wall Street€  Journal reported on Friday.€ €  €  The $2.2 billion transaction would still leave Huawei with 16.5 percent of the company and Bain holding the rest, said the Journal citing people familiar with the matter.€ € € 


[2] 3Com Acquisition Under Investigation

The U.S. Department of Defense uses 3Com intrusion detection products, and€ Chinese hackers have targeted the agency, McCotter said. "Given this and€ other instances of communist China's persistent cyber warfare against us,€ approving this sale would be an abject abdication of CIFUS' duty to protect America's vital defense technologies from enemy acquisition," he said. €  € 


[3] 3Com's CEO sees company as a US-Asia trendsetter

Q: Has your Linux strategy helped against competitors? €  ER [Edgar Masri]: We have an open strategy, which is open source based on€ Linux. Many networking companies are starting to do that, but I believe we have an 18-month head start. We recognize customers want open architecture€ and source, mainly in small and medium businesses. We also have the Open€ Services Networking architecture. One very large customer wanted better€ network monitoring and had made a clear choice about the application it wanted to use, and said we were doing it better than other providers. €  €  € 


[4] 3Com Brings Enterprise-Caliber IP Telephony to SMBs

As part of 3Com's commitment to providing the platform and support for€ clients to implement best-of-breed Open Source solutions, the company also is€ launching the 3Com Asterisk Appliance, an Open Source voice-over-IP (VoIP)€ system based on Digium's Asterisk Appliance. € € 


[5] 3Com ‘reenters’ RP, bets on open source

Orcun Tezel, technical director of 3Com South Asia, explained that although€ 3Com routers and switches now come with pre-integrated open-source€ applications, its Open Services Networking (OSN) further allows "best-ofbreed" applications to run on the Linux-based platform. € € 


[6] 3Com chooses an open strategy

The OSN infrastructure runs on Linux.


[7] 3Com, IBM extend VOIP/messaging interoperability

The VCX/Sametime interoperability also extends to 3Com and IBM software running on stand-alone servers. (3Com ships VCX systems on a Linux-based appliance, and IBM's Sametime runs on a variety of operating systems and server hardware).


[8] 3Com: Turnaround Depends on IBM Deal

And that open source voice over IP system, called Asterisk, has reached its tipping point. But instead of ignoring such threats, 3Com appears ready to embrace them. In fact, I hear that 3Com plans to address the Asterisk market within the next few months.


[9] 3Com Evaluating Askerisk Strategy

The manager politely danced around the question, then indicated that 3Com planned to address Asterisk without necessarily competing with the open source system. Sounds like 3Com is piecing together a strategy to embrace Asterisk. Could there be a partnership or acquisition around the corner? €  [...]

Supporting Asterisk would propel 3Com?s open platform strategy forward.


[10] 3Com touts open source

3Com's OSN module is a Linux-based server blade that fits into the company's 6000 series routers. It is designed to run applications that benefit from being close to the network layer, the company says.


[11] 3Com introduces first 'open services' product

Launched at the end of last year, OSN is basically an effort to bring some server capabilities into network appliances by using a Linux-based server blade, as well as to allow users to plug open-source modules into the appliance. €  [...]

Interestingly, there is a twist in 3Com's adoption of open source: Its founder, Metcalfe, was once known to be anti-open source. Fortunately, Metcalfe has since become a convert in line with the OSN.


[12] Networks finally learning to work together

A more technically interesting solution that 3Com has just rolled out is a Linux blade running in its high end switches.

"Imagine a switch or router with a little bit of extra hardware€  running Linux. We are inviting our partners to put their stuff on there, essentially a Linux PC on a blade. It's not about replacing servers, it's about putting an app into the network, like WAN optimization, packet analysis, netflow, security, things like this," he said.


Comments

Recent Techrights' Posts

Something to Celebrate in Gemini Protocol
More capsules and users join in
 
Banned evidence: Ars Technica forums censored email predicting DebConf23 death, Abraham Raji & Debian cover-up
Reprinted with permission from Daniel Pocock
Intimidation, Threats, and Bullying Not Tolerated by Techrights
When it comes to our reporting, safety always comes first
A World Without Rules
We're long insisted on better laws and actual enforcement of them (applicable to all, not selectively applied)
IBM's BS (Bait, Switch) Regarding Ways to Stay Onboard
PIPs, RTOs, and forced relocations are just an illusion of choice (or ability to recover)
statCounter Sees Microsoft Windows Falling to New, Unprecedented Lows in Palau
Taking Android into account, Windows is now down to an all-time low of 14%
Google News Lost the Fight to LLM Slop (While Google Itself Sells Slop, Nowadays Under the Name "Gemini")
Many people say that "Google is getting worse"; that's almost an understatement
Links 28/03/2025: AirAsia Trouble Again, UMich Culls All DEI Programs
Links for the day
Gemini Links 28/03/2025: Alexa is for Gullible People, Rant About Feature Overload
Links for the day
The SLAPPs From the Microsoft Strangler (and Sidekick) No Better Than Patent Trolling
one must never settle with trolls
Links 28/03/2025: Last Reminder "to Delete Your 23andMe Data", "UK's First Permanent Facial Recognition Cameras Installed"
Links for the day
Microsoft Canonical Continues Its FUD (Fear, Uncertainty, Doubt) Campaign, Reveals Google Too Sponsored It
They're paid-for lies from a Chinese company that takes GAFAM money to write puff pieces about them
Android Rises Above 76% in Mozambique, Leaving Windows in the Dust
Windows may soon be measured as smaller than Apple's iOS
IBM, Red Hat and Microsoft Probably Also Manipulate Metrics (It Helps Con the Shareholders)
Wall Street's credibility will depend on enforcement of "checks and balances"
Slopwatch: trendhunter.com and Other Pure Junk From "Google News"
The need to vet sources is hardly new; anyone can spew out anything, anywhere. There's a need for vetting.
Gemini Links 28/03/2025: Rewatching The X-Files, Slop Concerns, and NOSTR Censorship
Links for the day
Links 28/03/2025: Australia at Risk, EPO Grants Illegal Patents With Illegal Effect
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 27, 2025
IRC logs for Thursday, March 27, 2025
Links 27/03/2025: Obituary to a Shop, Russia Trying to Buy Time
Links for the day
Links 27/03/2025: Slop, Autosuggestions, and Nostr
Links for the day
Apparently Confirmed: IBM Layoffs in Canada Today, Hundreds Affected
Impacting "177 people", says one person, "in Ottawa"
When Windows Was Dominant (1990s) Browser Monopoly Meant MSIE, But Now Google Android is Dominant and the Web in a 'Webapps' Era Works With (or Is Designed for) Chrome-isms
We've been there before
Slopwatch: BetaNews, LinuxSecurity.com, and the Attack on Web Search Using Fake and Likely Plagiarised Pages
Changing a few words here and there won't change the fact that it's not properly authored
Links 27/03/2025: U.S. Honeybee Deaths Reach Record High, Legal Occupation Next in Line After War on Science
Links for the day
Using Courts for 'Revenge' is Always a Losing Strategy
Trying to cause someone you dislike to spend a lot of money
IBM CFO James Kavanaugh Refers to Firing of Almost 10,000 Americans as "Workforce Rebalancing" (Shifting IBM's Centre of Balance to Low-salary Contracts/Countries)
The scale of IBM layoffs is getting too large to evade WARN Notices
[Video] Dr. Richard Stallman's Keynote Speech in Kerala Finally Uploaded
In non-free format and proprietary YouTube, but perhaps that's better than nothing
Islands Are Leaving Microsoft Behind, According to statCounter
Android has had a very strong year
EPO Management Fails to Deny That the Office is Discriminating Against Women
Europe's second-largest institution isn't just exceedingly corrupt but also immoral
In Some Countries the Market Share of Vista 11 is Going Down, Not Up
despite being released in 2021
Rumour: Mass Layoffs in IBM Canada Today
Maybe later today some people from Canada will say something firmer and maybe some media will even talk about that
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 26, 2025
IRC logs for Wednesday, March 26, 2025
Gemini Links 27/03/2025: X-Files' "Kill Switch", Orlando, and ASN (Autonomous System Number) 'Hack'
Links for the day
Links 26/03/2025: Healthcare Cuts and Turkey's Own "2025 Project" (Culling Opposition)
Links for the day
LLM Slopfarm: A Site's Last Incarnation Before Throwing in the Towel, Going Offline Permanently
A lot of coverage that claims to be about Finland is chatbot-generated nonsense or poorly-plagiarised work
Microsoft Canonical Pays IDG to Spread FUD (Fear, Uncertainty, Doubt)
this seems a tad exploitative and reminds us of the time Novell kept telling companies that using anything other than SUSE was dangerous
Gemini Links 26/03/2025: GTD, Zenshuu, and Geminispace Community
Links for the day
Links 26/03/2025: Media's Failures, Arrests of Journalists, Limitations of End-to-End Encryption
Links for the day
LLM Slop (Lots of It Spewed Out by Microsoft) Versus Linux
Microsoft is a very, very evil company. It doesn't mind destroying the Web if there's a chance it'll make a buck in the process or mess up people's brains (in Microsoft's favour).
Slopfarms (Sites That Only Ever Publish LLM Slop) Are Killing Google News
pair of slopfarms still propped up by Google News
Microsoft's Serial Strangler's Law Firm Has a Long History of Fronting for People Who Do Bad and/or Illegal Things
Whose terrible idea was this?
Novell and Microsoft Apologist/Booster Bruce Byfield Writing About the FSF is a Recipe for Problems
Totally not shoehorning some agenda
Looking Forward to the Fall of UPC and Revocation of the Unified Patent Court (UPC) Agreement, Which Was Always Illegal and Unconstitutional
We'll try to keep abreast of any progress in this case
Slopwatch: Google News, LinuxSecurity.com, and the General Demise of the Web
many supposed or so-called "news" pages are just spewed out by some chatbots (or tools which help plagiarise original articles without getting caught; detection gets harder)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 25, 2025
IRC logs for Tuesday, March 25, 2025