Bonum Certa Men Certa

Microsoft Takes a Hit at Linux with More FAT Patents; John Ward, John Olivo, and McKool Assist Some More Patent Trolling


Urgent need to put an end to Microsoft and the trolls



Summary: Microsoft's software patent war on Linux carries on, albeit very quietly; a patent troll represented by McKool Smith and Ward & Olivo strikes (quite massively too)

UBUNTU has been mostly apathetic when it comes to Mono and Moonlight problems, so it is good to see that Canonical's technical chief gets a lecturing from Dr. Tridgell, whose warnings about software patents we have already mentioned (right after his talk at LCA 2010).



Matt Zimmerman writes

Andrew Tridgell: Patent defence for free software



I missed the start of this talk, but when I arrived, Andrew was explaining how to read and interpret patent claims. This is even less obvious than one might suppose. He offered advice on which parts to read first, and which could be disregarded or referred to only as needed.

Invalidating a patent entirely is difficult, but because patents are interpreted very narrowly, inventions can often be shown to be “different enough” from the patented one.

Where “workarounds” are found, which enable free software to interoperate or solve a problem in a different way than described in a patent, Andrew says it is important to publish them far and wide. This helps to discourage patent holders from attacking free software, because the discovery and publication of a workaround could lead to them losing all of their revenue from the patent (as their licensees could adopt that instead and stop paying for licenses).


Tridgell's colleague, Jeremy Allison, has just warned about this as well (also at LCA 2010). He previously advised Ubuntu to move Mono and Mono-based applications to the 'restricted' repositories [1, 2, 3, 4, 5, 6]. His take on OOXML was seen as noteworthy and some would say prophetic.

Dana Blankenhorn wrote about Allison's talk as follows:

Open source evangelist Jeremy Allison was in New Zealand yesterday, where he issued dire warnings of Microsoft launching a patent attack against open source to win back mobile market share. (Picture from Wikipedia.)

Allison, who famously quit Novell after it announced its patent pact with Microsoft, told a Linux conference in Wellington that Microsoft has to go to court or Windows Mobile is dead. He called a patent fight its “nuclear option.”


Allison is in the business of having no choice but to mimic or comply with a Microsoft protocol. The European Commission is on his side thanks to an exclusive resolution which came after a decade of fighting against Microsoft (which must now comply with the law or heavy pay fines, so it's not a case of playing nice with Samba).

Let's remind ourselves that Microsoft sued TomTom over filesystems in Linux. Andrew Tridgell personally suffered from this (he eventually posted a patch enabling Linux to work around the VFAT patents) and the FAT crusade continues as Microsoft signed a patent deal with Funai (for exFAT) a few days ago. Novell's deal with Microsoft is mentioned in this new article about Funai:

Microsoft inks patent deal with LCD builder



[...]

Microsoft has a long history of signing high-profile patent sharing deals. The company's landmark 2006 deal with Novell sent shockwaves through the open source industry, and the firm has signed similar deals with Brother, Kyocera and Nikon.


See our posts about Tuxera in order to understand Microsoft's plan to tax GNU/Linux through filesystems (to begin with). It all started with Novell, which came to Microsoft looking for a deal.

A few days ago Microsoft sued TiVo. Asay (formerly of Novell) writes:

As Red Hat evangelist Jan Wildeboer suggests,
The 6,008,803 patent...looks very broad. Might affect all kinds of media center [software]. So also Linux apps. The real question is, "Which Linux media center app infringes on Tivo patents?
In other words, we're not out of the woods yet, though it does appear that Microsoft's interest is in supporting the largest customer of its Mediaroom software, not in undermining Linux. Not this time, anyway.


Microsoft appears to have lied about its interests though. Moreover, as we explained the other day, any attack on TiVo -- whether it targets Linux or not -- can lessen the usage of Linux by weakening TiVo.

From the comments on this: "More reason to detest Microsoft, just wonderful.... Microsoft needs to be dismantled."

In other patent news, watch what McKool and Ward are up to:

McKool's promotional material doesn’t emphasize its work for FotoMedia, a patent-holding company whose only apparent business is filing infringement lawsuits. As part of its litigation campaign, FotoMedia has been demanding royalty payments from more than 60 companies with photo-sharing websites. The McKool lawyer in charge of the FotoMedia cases was not available for interviews on Friday, and FotoMedia has not responded to TPA interview requests in the past. FotoMedia is also represented by John Ward & Olivo, a firm out of New York that frequently represents patent-holding companies.

[...]

FotoMedia is a patent-holding company that claims just about every photo-sharing website you can imagine infringes its three patents. Its lawsuits, covered by TPA last May and June, are notable not just for the audacity of the claims they make, but also because they target dozens of small- and medium-sized software companies that provide various types of photo-sharing services over the Internet.


Disgusting. Patent trolls and parasites, including FotoMedia which we mentioned here before. Their site lists not a single product and their job openings are just "for an experienced candidate to join the licensing team of FotoMedia's parent company, Scenera Research, as a Patent Analyst/Engineer."

Got that? It says "licensing team... Patent Analyst/Engineer."

A "licensing team" is basically a bunch of racketeers like Sisvel [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12] and Microsoft. What the hell is a Patent Engineer? A fancy terminology for a lawyer?

We wrote about McKool Smith in [1, 2, 3]. As for Ward, he is working for patent trolls and suing critics (and their employers [1, 2, 3, 4, 5, 6, 7, 8, 9]). According to this, he's also pumping money into politics (assuming it's him). These people should not be allowed in this business if innovation is the real goal. They are leeches and Ray Niro is probably the nastiest of all of them [1, 2, 3, 4, 5, 6, 7, 8].

Comments

Recent Techrights' Posts

In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
 
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024
Debian History Harassment & Abuse culture evolution
Reprinted with permission from Daniel Pocock
Microsoft Windows Down to 23% in Spain
the rate of change is noteworthy
[Meme] It Is Not About Empowerment, It's About Optics for Bigots and Businessmen
Truth hurts
Truth is Always Truth
Desperate efforts to suppress the truth resulted in even worse chaos and some people are going to pay for it
Android Surges to New Highs in Georgia, Windows Plunges to 30% (It Was 99% in 2012)
Until 2012 almost all Web requests there came from Windows
Another Casualty of the 'GAI' Ponzi Scheme: Most of the News Cycle and News Sites
accelerated death of journalism
Empowering Predators Who Fancy Exercising Control Over Women (Using Corporate Money)
Remember this when Google talks about diversity, women etc.
GNU/Linux Continues Its Rapid Growth in July, Today We Look at Belgium
Again, a word of caution: statCounter isn't a perfect yardstick
Links 14/07/2024: Goldman Sachs Says 'Advanced' or 'Generative' Hey Hi (AI) is Just Hype, Thoughts on Negatives
Links for the day
GNOME Foundation Welcomes Dolly
It didn't work out with Molly and Holly
Links 14/07/2024: Perils for AI PC Hype Train, Further Attacks on Freedom of the Press
Links for the day
A Response to Bill Maher's Senseless Attacks on Julian Assange and Wikileaks
published a few hours ago
The List of Sites or Sources for Linux News is Getting Shorter Over Time (Despite GNU and Linux Steadily Growing in Usage)
A lack of publishing begets lack of educated, informed population (a return to Dark Ages where rulers leverage mass ignorance)
The Number of Web Servers Has Gone Down
Cloud fatigue deux?
[Meme] GNOME Foundation's Relationship With Women
Lots more coming soon, so stay tuned
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
IRC Proceedings: Saturday, July 13, 2024
IRC logs for Saturday, July 13, 2024
Over at Tux Machines...
GNU/Linux news for the past day