THIS post is an unintended continuation of prior ones on the subject. It deals with Novell's promotion of Mono and Moonlight for Android , as recently covered by Paul Krill.
There are many people who are unhappy with Canonical Ltd's inclusion of Mono in Ubuntu and furthermore there are many who avoid using/promoting Ubuntu as a result.
Thankfully Ubuntu is not heavily dependent on Mono and removing it is easy, particularly in 11.04.
The new Banshee development cycle has official begun and within comes a number of big changes. Before you read any further, if you are currently using the Banshee Daily PPA now is probably a good time to disable it. With that said, let’s look at what is already in the tree now and which will be in the first development release 2.1.0 (currently listed on the Banshee calendar as landing on the 11th of May).
If there were ever a week where anyone could see just how remarkable stupid patent infringement litigation had become, this would certainly be it.
First, there was the $5 million jury decision against Google in the patent infringement case filed by Bedrock Computer Technologies, LLC.
The suit alleges that a patent that Bedrock owns, US 5,893,120, is infringed by Google and the other defendants in the suit (Yahoo! Inc., MySpace Inc., Amazon.com Inc., PayPal Inc., Match.com, Inc., AOL LLC, CME Group Inc, Softlayer Technologies, Inc., and CitiWare Technology Solutions, LLC) because such a method is employed by the Linux operating system and as major users of Linux, the defendants are liable for damages.
Check those dates, Barnes & Noble! No. I will do it for you. The patents that Microsoft hilariously claims are being infringed by Android were issued in the following years: 1998, 2002, 1999, 2005 and 2005 respectively. I am looking at my calendar. OMG. The year 1994 comes before all of them. My, my. That predates all of Paul Allen's patents too. Check out the video. I see a "Tell Me More" column. And it had a Personal Interest feature. It even had a touchscreen. Say, Google, are you aware of this? If not, here's a present for you and Android, I hope.
And here's the interesting part. I just checked Microsoft's patent No. 5,778,372, and I don't see this Knight-Ridder tablet listed as prior art. That, of course, is the issue Microsoft has raised in its appeal to the US Supreme Court in the i4i v. Microsoft case, what level of evidence is required to toss overboard a wrongly issued patent that was not considered by the USPTO examiner prior to its issuance. Talk about conflict. If this turns out to be relevant prior art, what will Microsoft want to happen now, I can't help but wonder?
A few weeks back, Google got a ton of attention for offering a $900 million bid for a bunch of Nortel patents. Google made it pretty clear that it was seeking these patents largely to keep them out of the hands of someone else who might start suing everyone. However, there may be some unintended consequences. The publicity around Google's role and the size of the bid (which rumors say has already been surpassed by others) has drawn some renewed interest by some companies in "monetizing" their own patents. Greg Sandoval over at News.com has the story of a company called ReQuest, who claims to hold patents (7,577,757 and 7,136,934) on syncing -- and is now sending out letters to companies asking for licensing fees. The letters apparently make it clear that "patent lawyers" are interested in buying up the patents, which is a pretty transparent threat: license up or we'll sue.
Among the fastest growing problems within the realm of malignant monopolies is the disturbing frequency of abuse that lawyers now use to try and keep court documents under seal and away from public scrutiny. This results in a monopoly of information that is often abused by corporate powers within the legal system.
It is gratifying to know that the Federal Circuit Court of Appeals has sanctioned at least one attorney for abusing that process in the course of a patent infringement lawsuit.
Comments
twitter
2011-05-02 19:21:06
There's lots of work to be done but things look good. The Groklaw community is coming to help and more journalists are starting to get a clue. The academic community is, of course, outraged. Here's something PJ noticed in her news picks, the patent Google was recently charged $5 million over has been reduced to pure math. PR people can spew on and on but it will be hard for the legal world to ignore simple demonstrations like this. With a little effort on everyone's part, the broad consensus against software patents will eventually find an expression in law.
Needs Sunlight
2011-05-02 10:45:57