Bonum Certa Men Certa

Patents Roundup: Kodak Dinosaur Wins Against Apple, Patent Trolls Attack the Small Guy, and USPTO Does Nothing Right

Bubbles



Summary: More evidence that the USPTO as it stands is helping the wrong types of players, like dying monopolies, patent trolls, and various other parasites

THE worse the patent situation gets and the more depressing the media makes it appear, the more likely we are to see a real reform and with it a belated abolition of software patents.



Here is some interesting news about a preliminary ruling that can help ban hype* products from Apple:

An International Trade Commission judge has sided with Eastman Kodak in the company's ongoing patent battle with Apple.

Judge Robert Rogers yesterday rejected Apple's claims that two of its patents on digital photography were being violated by Kodak. In a statement to CNET today, Kodak said that it was "pleased by this ruling."


Make no mistake. Apple is not a victim and in fact it's quite the offender too. Apple still collects patents [1, 2, 3, 4, 5] and later uses them to attack Linux-based devices from HTC and Samsung. We wrote all about it before, especially after Apple had needlessly sued HTC and sought to embargo Android devices. Apple is far from a friend of Free software; it contributes to it neither when it comes to code nor to policy. That too is a subject we wrote about many times before.

The policies pushed for by the likes of Apple and Microsoft are destroying everyone who is not part of their colossal cartel as "patent trolls start going for the little devs ... not very kind," says Glyn Moody regarding this piece of news:

Yesterday, we received word from Rob Gloess of Computer LogicX, the company behind the Mix & Mash and Mix & Mash LITE applications for iOS, that he had received legal documents threatening a patent lawsuit over the use of an "upgrade" button in the lite version of his application linking users to the App Store where they could purchase the full version.


Microsoft Florian already spins is against Android (he is focused on making Android look dangerous, still). Talk about diversion. His posts ends with: "Once we have a similar situation with little guys being attacked over their Android apps, it will be interesting to see what Google does. Google doesn't even indemnify its device makers, so it's unlikely to offer too much protection to its app developers." He also says to FFII people that "At least 2 of the threatened app developers are European"; He has been trying for a while to insinuate that software patents are legal in Europe. Florian still discredis the FFII and gets challenged for it by Jan Wildeboer. But that's another story altogether.

Large companies are also impacted sometimes, as this new ruling helps show:



SAP AG (SAP), the world’s largest maker of business-applications software, was told by a jury to pay $345 million for infringing a Versata Software Inc. patent.

The federal jury in Marshall, Texas, said today that closely held Versata was owed compensation for sales of certain SAP enterprise and customer relationship-management software sold prior to May 2010. The jury awarded $260 million for lost profits and $85 million as a reasonable royalty.

The damages are more than the $138.6 million Walldorf, Germany-based SAP was ordered to pay Versata in a 2009 verdict that was thrown out. U.S. Magistrate Judge Charles Everingham had ordered a new trial because of rulings by an appeals court specializing in patent law that set new rules on how financial penalties should be calculated.


That's an amazing sum for some single crummy patent -- essentially a piece of paper, akin to a note from your mother which you hand over to the school's headmaster/principal.

Brian Proffitt writes about the impact of software patents on Linux, citing the latest from Bedrock, an annoying patent troll. Brian points out that "[t]he court docket indicates that on April 29, Bedrock settled its claims against MySpace and AOL and then on May 9, just one day before the Yahoo! verdict came through, also settled its claims against Amazon.com and SoftLayer Technologies. Match.com had already settled with Bedrock on March 28. By my score card, then, that leaves just PayPal, CME, and CitiWare still defending against Bedrock's claims."

This is of course bad news. It is a tax on Linux. Meanwhile, the Mono team wants to put more of Microsoft's shady patents inside everything and some sites help this agenda, which is scary. They never learn, do they?

The bottom line is, all real companies seem to be negatively affected by patents. Non-practicing companies (or hardly practicing companies like Kodak) win while companies like SAP and Apple (which used to like software patents) get penalised, along with small businesses and software which is developed by volunteers in order to be shared with the commons. Time for a change in law, right? To actually promote innovation, not kill it.

Recent Techrights' Posts

An "Efficient Windows 11 Experience" is Removing a Text Editor (Less than 5 Megabytes in Size) and Adding Chatbots That Require a New PC/Datacentre
Vista 11 24H2 update removes WordPad
[Meme] 'Secure' Boot in a Nutshell
Ask Microsoft if it is "safe" to boot Linux
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting Guest Writers (Intimidation)
Some high-profile people have told me that the serial defamer is a "monster" (their word), so why would Neil Brown wish to help him?
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 28, 2024
IRC logs for Tuesday, May 28, 2024
The Campaign to 'End' Richard Stallman - Part I - Two Canceled Talks in a Row?
RMS has left Europe, so the concept of "delayed" talk is facetious or deeply cynical
On Desktops/Laptops in Andorra Windows Fell to Less Than Half, 20% If One Counts Mobile as Well
And this is a European country
[Meme] 3 Years Later
If you're going to start a fight, make sure you can handle it
When You Leave a Bad Employer and Move on to Better Things
Perhaps my main mistake was not resigning from my job sooner
No, Your Site Likely Does Not Need WordPress
I was one of the first users of WordPress
GNU/Linux in Cameroon: Rising Steadily While Windows Falls From 99% to Just 6%
If one also counts mobile (mostly Android)
Monkey See, Monkey Share
on deprivation of users
From 0.17% to 10% or More (GNU/Linux in Dominica)
Dominica isn't well known, but it does seem to have embraced Chromebooks in recent years
Links 28/05/2024: Tensions in East Asia, UK Mandatory National Service
Links for the day
Gemini Links 28/05/2024: NetCrawl and Living in Lagrange
Links for the day
Guardian Digital, Inc (linuxsecurity.com) Handed Over Its Web Site to Chatbots That Generate SEO Garbage
They need to be called out on it
statCounter Sees Microsoft Windows at Below 1% in American Samoa
Not even 1%!
Windows Down to 60% of Guam's Desktops/Laptops and Down to a Quarter Overall
No wonder Microsoft is panicking
Today in UEFI 'Secure' Boot Debates (the Frog is Already Boiling and Melting)
Over at LQ today
[Meme] A "Modern" Web's Message in a Bottle
So-called 'security'
Brittany Day: Still Chatbot Slinging, Producing Fake 'Articles' About "Linux"
random garbage produced (and censored) by Microsoft
Almost 4k Gemini Capsules, 5th Anniversary Only Weeks Away
The Web will continue to deteriorate
Microsoft: $1 Million a Day for Contempt of Court Orders (Justice Department)
Microsoft behaves as if it's 100% exempt from laws
Catbodia? In Cambodia, Microsoft's Windows Fell to All-Time Low of Less Than a Quarter.
Cambodia is leaving Microsoft behind
[Meme] Deadnaming
Guess who uses a name that was deprecated well over a decade ago?
New Press Report Explains Microsoft Severance and Quiet (Undisclosed) Layoffs
Some people will call this "loophole", whereas others will opine that it is outright illegal (but kept secret to circumvent scrutiny)
Global South is Android/Linux (Windows Era Has Come to an End Already)
I've decided to take a quick glance at South American trends for all operating systems
[Meme] Unified Patent Troll
Unified Patent Court remains illegal and unconstitutional
The European Patent Office is Sinking
Officials (or national delegates) at the European Patent Organisation have long been warned about this (by staff representatives from the European Patent Office), but they ignored the warnings
Summer in the Air
We have a good pace going on owing to health, positivity, inertia and good software tools
GNU/Linux Activity in Belize
From an economic point of view, Microsoft needn't worry about Belize, but when it comes to preserving the Windows monopoly/monoculture Belize matters
Links 28/05/2024: Back to MP3, NVIDIA Sued by Authors
Links for the day
Gemini Links 28/05/2024: Bad Beach and TLS
Links for the day
Microsoft Windows Fell From 100% to Just 7.5% in Sierra Leone
Based on statCounter
In Benin, Microsoft's Windows Fell Below 10%, GNU/Linux Surged to 6% or Higher on Desktops/Laptops
That's nearly 7% - a lot higher than the average in Africa
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 27, 2024
IRC logs for Monday, May 27, 2024
Delayed Series About Dr. Richard Stallman
A lot of the attacks on him boil down to petty things
[Meme] Elephant in the Asian Room
With ChromeOS included GNU/Linux is at 6% across Asia
GNU/Linux in Bangladesh Up From 0.5% to Over 4% (Windows Slid From 95% to 18%)
Bangladesh is one of the world's most densely-populated countries
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting Several Webhosts (in Collaboration and Conjunction With Mentally-Ill Flunkies)
Every attempt to nuke the current hosting failed, but it's still worth noting
Links 27/05/2024: One Month Left for ICQ, More Openwashing Highlighted
Links for the day
Gemini Links 27/05/2024: Back to GNU/Linux, Librem 5 Assessed
Links for the day
StatCounter (or statCounter) Has Mostly Recovered From a Day's Downtime (Malfunction)
Some of the material we've published based on the statCounter datasets truly annoys Microsofters
Google: We Don't Have Source Diversity, But We Have Chatbot Spew in Place of Sources (and It's Not Even Accurate)
Search engines and news search never looked this bad...
[Meme] Security is Not a Failure to Boot (or Illusion of Security Due to 'Unknown' System)
Red Hat is largely responsible for this mess
What is Secure Boot?
Security means the user feels safe and secure - i.e. confident that the machine would continue to work following a reboot or a system upgrade (or kernel upgrade)
StatCounter (or statCounter) Has Been Broken for Nearly 24 Hours. Who Benefits? Microsoft.
StatCounter is broken right now and has been broken for nearly 24 hours already
Links 27/05/2024: Chatbots Generate Hateful Output, TPM Performance Scrutinised
Links for the day
David Heinemeier Hansson (DHH) Realises What He Should Have Decades Ago
seeing that DHH is moving away from Apple is kind of a big deal
Reinvigorating the Voice of GNU/Linux Users (Not Companies Whose Chiefs Don't Even Use GNU/Linux!)
Scott Ruecker has just announced his return
"Tech" in the Context of Even Bigger Issues
"Tech" (or technology) activism is important; but there's a bigger picture
A Decade of In-Depth Coverage of Corruption at the European Patent Office (EPO)
The world needs transparency and sunlight
Hopefully Not Sunset for StatCounter
We hope that StatCounter will be back soon.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 26, 2024
IRC logs for Sunday, May 26, 2024
Links 27/05/2024: Self-Publishing, Patent Monopolies, and Armed Conflicts
Links for the day
Gemini Links 27/05/2024: Tethering Connection and PFAs
Links for the day
Imagine Canada Enabling Rapists to Harass Their (Rape) Victims
This analogy is applicable because abusers are empowered against the abused