"I’m trying to think of another business,where breaking the law is a necessary part of the business model," explains this person whose article "Start-ups in the maze of software patents" sheds light on the real benefactors of the patent system:
Have you ever thought about patenting a pop up note, an online poll, a leaderboard in an online game, or a system where you open apps by clicking icons? I have some bad news for you – it’s impossible. Not because the claim is stupid, it’s just that all of those things are already patented (take a look here, here, here, or here).
And it’s all fun and factoids, until one day you find yourself in the role of a software start-up, looking down the long black tunnel of software patenting, leading from Happy Town to Reality Check Station in Breakdown City.
For years, the free software movement rallied European citizens and small and medium businesses to reject a very bad directive on patentability of ‘computer implemented inventions’ (in other words, software) that would have damaged society in the long run. We managed to coordinate a strategy between different organizations, like FFII and FSFE. The movement succeeded in building a vast coalition of supporters against the directive, across the political spectrum. We isolated European giants SAP and Nokia, left alone to support a directive that appeared to be written by US-based multinationals.
Patent wars on - Microsoft sues Android retailers ===========================================================
Berlin, May 25rd 2011 -- This week Microsoft sued the retailers Barnes&Noble, Foxconn and Inventec for distributing devices using the Android platform. The Android is a Linux derivate from Google. It is the most recent lawsuit in a battle of dominance on the tablet and smartphone market.
“"We predicted years ago that Microsoft would go after Linux challengers with software patents”
--Benjamin Henrion"What a desperate sales argument to sue retailers which use a competing platform. It's 'Take our platform or get sued'. Patent war is on. I am inspired by products like Openmoko and Android, not libel and lawsuits.", finds FFII vice president Rene Mages.
"We predicted years ago that Microsoft would go after Linux challengers with software patents", explains FFII president Benjamin Henrion. "It shows how patents stifle innovation".
The FFII has a track record of making contructive proposals for reforming the patent system to eliminate software patent threats for developers.
=========================================================== Patents ===========================================================
U.S. Patent 5,778,372 "Remote retrieval and display management of electronic document with incorporated images" U.S. Patent 6,339,780 "Loading status in a hypermedia browser having a limited available display area" U.S. Patent 5,889,522 "System provided child window controls" U.S. Patent 6,891,551 "Selection handles in editing electronic documents" U.S. Patent 6,957,233 "Method and apparatus for capturing and rendering annotations for non-modifiable electronic content"
=========================================================== Links ===========================================================
Microsoft press release http://www.microsoft.com/presspass/press/2011/mar11/03-21corpnewspr.mspx
Complaint for patent infringement http://www.geekwire.com/wp-content/uploads/2011/03/msvbandn.pdf
Stop Software Patents in the EU petition http://www.stopsoftwarepatents.eu
Permanent link to this press release: http://press.ffii.org/Press%20releases/Patent%20wars%20on%20-%20Microsoft%20sues%20Android%20retailers
=========================================================== Contact ===========================================================
FFII Office Berlin Malmöer Str. 6 D-10439 Berlin Fon: +49-30-41722597 Fax Service: +49-721-509663769 office at ffii.org
Benjamin Henrion FFII Brussels +32-484-56 61 09 (mobile) bhenrion at ffii.org (French/English)
=========================================================== About FFII ===========================================================
The FFII is a not-for-profit association registered in twenty European countries, dedicated to the development of information goods for the public benefit, based on copyright, free competition, open standards. More than 1000 members, 3,500 companies and 100,000 supporters have entrusted the FFII to act as their voice in public policy questions concerning exclusion rights (intellectual property) in data processing.
It’s pretty clear that Microsoft, a many-time failure at mass-market tablets has decided that if they can’t beat Apple and Android at popular tablets, they’ll sue them instead. That’s my only explanation for Microsoft suing Barnes & Noble, Foxconn, and Inventec over their Android e-readers.
Again I find myself making the observation that Microsoft’s future appears rather more in the courtroom than actual products on shelves. A rather sad state of affairs? Is Microsoft the dog that sits under the table in the hope that someone will take pity and throw it a scrap of food? I’ll let you decide.
Apple is on the receiving end of yet another patent infringement lawsuit. A company called Robocast alleges that Apple has willfully incorporated its patented automated browsing technology in a number of products, including iTunes, Apple TV and Front Row, without licensing their ‘invention’.
Robocast, which was founded by Damon Torres, who claims to have pioneered the use of automated web browsing in the nineties, has earlier sued Microsoft on similar grounds.
The court documents offer a fascinating read – as far as I’m concerned – so I’ve embedded them below.
And yet I still found myself sensing a momentary twitch of the single gray hair between my eyebrows when I heard that Google had been awarded a patent for its doodles.
Verhoeven, who helped Google win several patent trials last year, has appeared on behalf of HTC Corp. or Motorola Inc. in four of the five Android-related suits filed at the International Trade Commission and in more than a half-dozen suits in federal court.
One of the most closely watched is Apple's ITC claim against HTC, which is set for trial next month. Verhoeven and his firm joined the defense in August.
Neither Verhoeven nor his clients will confirm or comment on the arrangements under which he's appeared on their behalf. "A lot of people like Charlie," said Michelle Lee, who heads patent litigation at Google. She referred further questions to Google's press office, which declined to comment.