Bonum Certa Men Certa

Patents Roundup: Microsoft Keeps Ruining (to Exploit) the Patent System, USPTO's Purpose in Greater Doubt, Cisco Surrenders to Trolls

Summary: The latest news about patents that pose a problem to the adoption of Free software, with particular focus on Microsoft which is by far the biggest problem

YESTERDAY we showed that Steve Ballmer lobbies Obama on patents. Now he is lobbying with an article that The Mad Hatter let us know about last night.



Microsoft is very focused on using (bending) law -- not technical superiority -- to defeat its competition. Microsoft wants to make its competition illegal and in the process it picks allies such as the copyright cartel (which it serves more than ever in its operating system, due to built-in DRM).

“Microsoft is very focused on using (bending) law -- not technical superiority -- to defeat its competition.”A few days ago, Groklaw pointed out that "peer to peer is used for many other legitimate things. I use it all the time for downloading Linux, various distros I want to try out, for example. The RIAA seems to assume that the technology is all about piracy, but Linux is not being pirated. It's a legitimate use of peer to peer. And there are millions of us who like to use it. Just pointing it out, in case they are not aware."

This is another method of derailing GNU/Linux, the #1 competition of Microsoft. The RIAA has already insulted even the Free Software Foundation, which may sound bizarre because the RIAA (a front for media conglomerates) is not in the business of software. This just smacks of collusion.

Something that Neelie Kroes said last week has led to some heated debate [1, 2, 3] as the software patents situation in Europe is made worse by Microsoft. Jukka S. Rannila suggests contacting the European Commission in his new Web page, to which Groklaw adds: "Just so you know, you can still provide feedback to the EU Commission on Microsoft's recent commitment regarding interoperability, called an "undertaking". The link takes you to an example. The EU Commission is monitoring the impact on the market as to how well the undertaking is working regarding interoperability between Microsoft's products and non-Microsoft products."

We wrote about this blunder before [1, 2, 3, 4, 5]. Another related blunder revolves around EIFv2 (European Interoperability Framework version 2), which has received a lot of negative publicity after Microsoft lobbied to derail its purpose/goals. We wrote on this subject in the following posts:

  1. European Interoperability Framework (EIF) Corrupted by Microsoft et al, Its Lobbyists
  2. Orwellian EIF, Fake Open Source, and Security Implications
  3. No Sense of Shame Left at Microsoft
  4. Lobbying Leads to Protest -- the FFII and the FSFE Rise in Opposition to Subverted EIF
  5. IBM and Open Forum Europe Address European Interoperability Framework (EIF) Fiasco
  6. EIF Scrutinised, ODF Evolves, and Microsoft's OOXML “Lies” Lead to Backlash from Danish Standards Committee
  7. Complaints About Perverted EIF Continue to Pile Up
  8. More Complaints About EIFv2 Abuse and Free Software FUD from General Electric (GE)
  9. Patents Roundup: Copyrighted SQL Queries, Microsoft Alliance with Company That Attacks F/OSS with Software Patents, Peer-to-Patent in Australia
  10. Microsoft Under Fire: Open Source Software Thematic Group Complains About EIFv2 Subversion, NHS Software Supplier Under Criminal Investigation
  11. British MEP Responds to Microsoft Lobby Against EIFv2; Microsoft's Visible Technologies Infiltrates/Derails Forums Too


The president of the FFII has just shared this presentation from Europe, which ought to explain that software patents hamper motivation and innovation of Free software developers.



In other related news, Microsoft's partner Blackboard, which was also funded by Microsoft and then monopolised an area of education, is finally walking away. Blackboard has been using software patents to deter potential competition [1, 2, 3] and now comes this:

All lawsuits have been dropped by both sides. The companies will cross-license each others’ patent portfolios under undisclosed terms, which gives both companies an opportunity to save face. After three and a half years, higher education can move on. Left unresolved is the larger question of the role of patents in higher education, but that is at least as much a question for the universities as it is for the vendors.


According to a couple of updates about the i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12], Microsoft is not giving up, maybe because OOXML is in trouble.

Microsoft isn’t giving up the court fight over the patent at issue just yet. On Friday, the company’s legal team, led by Matthew Powers of Weil, Gotshal & Manges, filed a petition with the Federal Circuit asking for a rehearing en banc. Powers didn't return calls for this story. Earlier coverage on i4i's trial win, post-trial action, and Federal Circuit win is available from the AmLaw Litigation Daily.


According to this article from The Guardian, i4i is not going to settle with Microsoft by licensing.

The chairman of the company that has won an injunction preventing Microsoft from selling Word 2007 because of patent infringement says he will not license the technology to the company – and has not ruled out going after any other products that infringe its XML patent.


This brings us to another hot item from the news, which is to do with patent statistics for 2009 (we have already mentioned this last week). The H belittles the value of Microsoft's software patents.

Also Microsoft is advancing – even if partly with inexpressibly petty software patents – and holds the third place with 2900 of these overwhelming patents now. If you know how to go from one page of a document to the next using software – voilà, that’s Microsoft’s U.S. patent 7 415 666, granted in 2008.


We have already shown that Microsoft is granted patents it should never have been granted in the first place. They are miserably trying to increment the patent count in order to intimidate rivals and engage in racketeering. It's about quantity to them, not quality.

Other statistics of interest:

i. U.S. losing Right Stuff in science, engineering

According to a 2010 National Science Board report, the state of science and engineering in the U.S. is still good; however, the country’s lead in the number of researchers is being challenged by China. Other science and engineering indicators in the U.S. are also being challenged by Asian countries.


ii. IBM Fluffs Patent Portfolio with Services Tech (more here)

For what seems like a zillion years running--alright, for the past 17 years now--IBM has come out as the top dog in the annual rankings of patents granted by the U.S. Patent and Trademark Office. A few years back, the USPTO stopped giving out data about patent counts, but market researcher IFI Patent Intelligence takes the raw patent data and dices and slices it like the patent office used to.


iii. Wikipedia Citations in Patents Up 59 Percent

Patent Librarian Michael White recently posted an interesting graph on the number of U.S. patents referencing Wikipedia articles:

The number of U.S. patents issued last year that contain one or more references to Wikipedia articles totaled 809, a 59 percent jump from 2008. Several years ago the USPTO banned patent examiners from using Wikipedia as a source of information for determining patentability of inventions. However, examiners and applicants continue to cite it.
White's graph is shown below.


Google too is amassing patents, which makes it less than "do[ing] no evil". Patents are about exclusion and monopoly and they tend to be inherently unethical, as a new UN report seems to suggest. From IP Watch:

The cultures of indigenous peoples have frequently been ignored when global standards on intellectual property were being set, a new United Nations report has stated.

Intellectual property issues feature prominently in State of the World’s Indigenous People, the first UN publication that aims to give a comprehensive overview of how the 370 million individuals considered as indigenous fare in terms of their health, education, income and access to employment.


Those who try to restore sanity and mend the system by denouncing patent trolls (Frenkel for example [1, 2, 3, 4, 5, 6, 7]) not only get sued but also get their employer sued. This new report says that Cisco too has been pressured to pay to the conspirators of patents trolls. They don't give a damn about justice and ethics; the only language they understand is ego and currency.

Longview, Texas, lawyer T. John "Johnny" Ward Jr. has settled the defamation suit he filed against Cisco Systems Inc. over a posting on the Patent Troll Tracker blog.

That Oct. 18, 2007, posting by Patent Troll Tracker blogger Richard Frenkel -- then a Cisco in-house lawyer -- had alleged that Ward and Longview lawyer Eric Albritton conspired with the Eastern District of Texas clerk's office to alter the filing date of an infringement suit, allegations denied by all.

The settlement in John Ward Jr. v. Cisco Systems Inc. came a month before the suit was set for trial in U.S. District Judge Jimm Larry Hendren's court in the Western District of Arkansas. Hendren signed an order on Jan. 11 dismissing the suit with prejudice, subject to terms of a settlement agreement.


Frenkel himself has been off the hook for several months now [1, 2]. However, he lost his job for 'daring' to denounce parasites like Ray Niro [1, 2, 3, 4, 5, 6, 7, 8], who should probably be locked up or sentenced to exile.


Makes routers, not patent war

Recent Techrights' Posts

A Month After "End of 10" analytics.usa.gov Says More People Use Vista 7 Than Use Vista 11
Does it get any more pathetic than this?
Techrights Protects Against Collective Amnesia (Forgetting History the Rich and Powerful Want Us to Forget or be Misled About)
Keeping full access to our material with a good search facility is a priority for us
Mainstream Media Compliments Techrights on Its Work
Google isn't "the Web" and this site isn't "the Web" either
LLMs Will Never Work, You Need to Type What You Know
Voice recognition is too imprecise to be practical or really save any time if you can type fast
IBM Will Carry on or Carry Out Mass Layoffs Until Tomorrow, Based on Unverified Claim (Silent Layoffs Under Secrecy Clauses/Deals)
Red Hat (as a "company" with a Web site) will probably never announce layoffs again
Slopwatch: Spam, Scams, and Plagiarised Information Synthesis Systems (LLMs)
The way things are going, LinuxSecurity might become entirely inactive
IBM "Trying to Memory Hole the RA With Positive News."
it's clear they have no real plan, just vapourware
 
Links 13/11/2025: "Fight for Control Over In-Car Technology" and "Climate Crisis is a Health Crisis"
Links for the day
Gemini Links 13/11/2025: Disbelief in the Moon Landings and Doom That Came to Scrolling
Links for the day
Links 13/11/2025: Ghost (E-mails) of Jeffrey Epstein Chases Cheeto, Uproar Over SLAPP Threats Against British Broadcasters
Links for the day
IBM Layoffs Seem to Have Reached Europe
Is it Europe's turn to fall on its sword?
A Lot of What's Left of the Online "Media" is Paid-for SPAM
How much of online media can people still trust?
Synopsys, Which Controls a Microsoft FUD Operation (Black Duck), to Lay Off Hundreds of Workers
Microsoft had plenty of layoffs this year, well over 30,000 in total, including at least two waves of layoffs last month
The EPO Has Spent Years Attacking European Media, Led by a Cocaine Addict (the EPO's Spokesperson)
The EPO silences critics
Prominent German Media Dares Not Mention Cocaine at the European Patent Office, Germany's "Cash Cow" (Seller of Monopolies for the Whole of Europe)
It seems like a case of the corrupt hiring the corrupt to bully those who speak about the corruption
Microsoft-Sponsored FSFE is Exploiting the Success of Jean-Baptiste Kempf to Market Itself and Its GAFAM-Funded Messaging (While Pretending to be "FSF" Europe)
No doubt Jean-Baptiste Kempf accomplished a lot (not limited to VLC) in not so many years
A Week of Techrights Search
Tomorrow it'll be one week since we turned 19
Your Computers Are Work and Entertainment Tools, Not a Fashion Statement
If you're into fashion, find another job or keep cruft out of the workplace
The Federation? Almost 90% of Its Users Have Quit Participating.
If one counts offline (historic) instances, it's even worse than this
Under IBM, Red Hat Isn't a Linux Company, It's Sold to Clients as "AI Company"
IBM is sacrificing Red Hat for Wall Street (share price)
It Looks Like Microsoft is Really Abandoning XBox (the Brand "XBox" Means Just an Online "Games Store" or Streaming)
Published last night
The Register MS Has Just Taken Money to Promote Microsoft Windows Under the Guise of "HEY HI" (AI)
Just 'consume' the ads disguised as "journalism" at The Register MS
Apple is Waning, Shows Data (Web Stats)
Is Apple doing as well as Apple-sponsored (paid to run Apple ads) claims?
IBM is a Buzzwords Vendor
Does anyone even pay attention to anything IBM promises these days?
It's Patently False That Apple Has Avoided Layoffs
be sceptical of people who say Apple hasn't got layoffs
IRC.com is Vendor-Locked (Freenode)
Web client
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 12, 2025
IRC logs for Wednesday, November 12, 2025
Gemini Links 13/11/2025: Pictures From the Aurora and Cryptography of the Internet
Links for the day
Links 12/11/2025: Botulism Outbreak and Increased Russian Censorship
Links for the day
British Army Officer Said Ubuntu Needed to Abandon Sudo for Rust's Imitation of Sudo and You Can Guess What Happened Next...
The not-so-drop-in replacement
The Open Web Has Fallen, It's Just Chrome
We cannot envision any other rendering engine (or "base") making any measurable headway
Patients' Data Should Not be Outsourced to Any Party at All, Let's Redo the Storage Scheme
Far better than giving all our data to Microsoft and Palantir (US)
The EPO's Central Staff Committee Complains About the EPO's Management Faking "Production" (Monopolies) to Make More Money
The Central Staff Committee has a new communication
The Second-Largest Institution in Europe (EPO) is Playing With Fire and Now It Puts the Largest One (EU) at Risk
The EPO will have some more shake-ups
Ethical Consumer Could Use a Mention of "Ethical Software"
Maybe the Free Software Foundation (FSF) can get in touch with them
Links 12/11/2025: A US President (Insurrectionist) Attacking British Media, Hyundai's Digital Restrictions (DRM)
Links for the day
Gemini Links 12/11/2025: Trains in Switzerland, Software Survival, and More
Links for the day
The EPO's Own 'Drug Bust': Berenguer is Gone, But Who Else?
EPO latest news
Trying to Cancel People and Projects That You Don't Like by Changing the Focus to Politics
Don't fall for it
What Kind of Bubble is AI? We'll Find Out Very Soon
In 2022 and 2023 Cory Doctorow was one among many who asserted "AI" was a bubble
Mandrake's Gaël Duval Debunks Clickbait Nonsense From ZDNet, a Non-Coder Pushing Bot-Made 'Code' (Plagiarism Done Poorly)
"Why AI won't "Kill Open Source”
Improving Clarity When Presenting LLM Slop and Slop Images
There will likely be more changes (improvements) to improve the visibility of our labels
Groklaw Won't be the Latest (Nor the Last) Major Site We Lose
Many other sites will go offline; the more popular among those will get hijacked by rogue actors
Slopwatch Turns 1 Next Month
2024-12-14 is when Slopwatch began
The Issue With Firefox is Not Its Brand
Mozilla seems to be the biggest enemy of Firefox at this point
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 11, 2025
IRC logs for Tuesday, November 11, 2025
Gemini Links 11/11/2025: Kentucky, Bluesky, and Slop
Links for the day
The European Patent Office (EPO) is Still Hiding From Scandals
"No answers from VP1 to our letters to two Directors"
Like the Serial Strangler From Microsoft, Donald Trump is Out of Time and Has Jurisdiction Issues in the UK
The court system or the courts of a nations are meant to serve the nation and its media, not media lawyers or litigation profiteers
Articles About "Linux" That Are Actually Promotions of Microsoft Windows
The solution is to leave Windows, not get something "like Linux" or "similar to Linux"
Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in The Hague: Staff Representation Surprised at "Recent Changes in the Staffing of OHS Occupational Health Services (OHS)"
Once upon a time the Office offered to-notch services to all staff
Slopwatch: Many Fake Articles About "Linux" on Monday and Today
A lot of the Web is pure garbage. A lot of 'articles' are 100% fake.
IBM Exits Continue This Week
Some people talk about it anonymously, naming their role/position/unit, number of years (or band) etc.
Richard Stallman to be First Speaker at Ethereum Cypherpunk Congress 5 Days From Now, FSF Looking to Raise $400,000 by Year's End
the 40+ years-old FSF, which Dr. Stallman created to help promote Software Freedom and support GNU, is starting a new fund-raising campaign
Links 11/11/2025: Misinformation/Disinformation in Twitter/X and BBC in Trouble
Links for the day
Links 11/11/2025: Slop Ruins Music, Facebook "to Discontinue Like and Comment Buttons on Third-Party Websites"
Links for the day
Adrian & Diana von Bidder-Senn, Debian: detailed history of a death
Reprinted with permission from Daniel Pocock
The Voice of Microsoft
Marketing disguised as a science
"MIT Technology Review Insights" is the Selling of Ponzi Schemes for Sponsors (MIT Lacks Integrity)
Just like IBM, they're chaining buzzwords now
Rust Keeps Breaking Ubuntu in All Sorts of Extraordinary Ways (and All Distros Based on Ubuntu Will Break Also)
The FSF's stance on this is unclear
Boot-locking Laptops and Desktops After Falsely Marketing That As 'Security' and Not Obligatory
If anyone can confirm this to us
With Net Income of One Billion Dollars Tesla Claims It Can Pay a Fake Founder (Who Paid for This Lie) 1,000 Billions
What does this tell us about Wall Street?
GNU/Linux Cannot Buy Fake Journalism and It Won't Bribe Large Publishers
Free software developers don't purchase "sponsored" placements and that will never change
The 'Politics' of Operating Systems (or Exclusion for Inclusion's Sake)
This whole 'wrongthink' policing is getting out of hand
Static Site Generators (SSGs) Save You Lots of Money and Problems
We've basically reduced the environmental/carbon footprint of the site by a factor of ~100 (2 orders of magnitude)
IBM Does Not Care About Families, Communities, and Even Its Own Workers
Red Hat isn't a family and to believe that it is would be the makeup of cults
Too Much of Today's Web is Fake, Not Just Fake News
We'll continue to advocate for adoption of Gemini Protocol
Simulating a Downtime Tomorrow Night
It is expected that network redundancy will make this maintenance invisible to us, but IRC hangups or general slowness are still a possibility
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 10, 2025
IRC logs for Monday, November 10, 2025
Links 11/11/2025: Conflicts and Politics From National Broadcasters
Links for the day
Gemini Links 11/11/2025: Poetry and Electronics Studies
Links for the day
Apple's Debt Grew by About 16 Billion Dollars This Past Year, "Disappointing iPhone Sales" Reported
People who buy Apple's goods based on some false notion that Apple is "cool" or ethical or "underdog" (late 90s) aren't just living in the past; they're fools
Turning Down Proprietary Software is About Making Society Better
We should not be tempted to shame people for merely trying to keep programmers honest and human rights-respecting
Debian GNU/Linux Became the Most Popular (Most Distros Are Based on It) Owing to Richard Stallman
New presentation
The Internet is Becoming Dead or a Zombie
The Internet is becoming like a giant botfarm
A Day for Poppies
This site will run as usual today. We continue our fight for Software Freedom.
"Modern" Doesn't Mean Better, It Typically Just Means Newer
RMS demonised as someone who rejects "modern society" ("rejecting modern society") by a site that uses slop extensively
The Cocaine Patent Office - Part IV: European Patent Office to Come Under Media and Political Scrutiny
We'll persist until we get some answers